Terms and Conditions

Welcome to the Pregoli website. This website is owned by Pregoli Online Limited, a company registered in New Zealand with NZ Business Number 9429030806719 whose registered office is at 16 Estrella Heigths Lane, RD3, Cromwell, 9383. Our GST number is 108-490-586. We use the terms “we”, “our” and “us” throughout our terms and conditions and our customer service pages to refer Pregoli Online Limited.

Web Privacy Policy

Our privacy policy supplement these terms and conditions and by using our website, you will  be deemed to have read and accepted our privacy policy.

General

Our terms and conditions govern what you can and cannot do when using the our service (retail sale service of maternity wear, clothes, apparel and accessories) and website together with our obligations to you. If you breach any of these conditions we may decide not to allow you to use the our service or claim damages or other amounts against you. We will act reasonably in our conduct in running our service and in enforcing our terms and condition. Please take time to read these terms and conditions and make sure that you understand them. Please direct any questions you may have to our Customer Service team which can be contacted at info@pregoli.co.nz.

We may amend our terms and conditions from time to time on our website without prior notice, which are enforceable immediately. You should review our terms and conditions in any event when ordering a Product for any amendments and ensure that at all times you are familiar with them as changes may have been made to previous versions of our Terms and conditions. Your continued use of our website following any amendment to our terms and conditions will constitute your acceptance of the new terms and conditions applying to our service.

You should note that additional conditions governing our service in your relationship with us, are contained in the website’s webpage’s and unless those conditions conflict with our terms and conditions, they will be incorporated into and will form part of our terms and conditions. In particular, please carefully read all Product Information relating to the product you are purchasing which contains important information relevant to that product.

Use of our Service

Our service is provided to you personally and when using our service you must not resell our service to another person or make any commercial use out of our service.

If a government agency, department, law enforcement agency or another executive agency informs us that there is information on our website which is in contravention of any law, industry code, policy or other policy guidelines, we can remove that information from our website.

Without limiting any other remedies available to us, we may suspend or terminate your use of our service if we become aware or reasonably suspect that you may have engaged in a breach of our terms and condition in connection with the website or any fraudulent activity at all.

Maintenance of Site Integrity

You may not take any action that might interfere with the operation our service and must not use any device or software to interfere or attempt to interfere with the proper working of our website.You are solely responsible for your transmissions through our service.  

We reserve the right to determine whether or not your conduct is consistent with our terms and conditions and we may enforce good practice for our website where necessary. We may, in our sole discretion while acting reasonably, immediately terminate your account and your use of our service if your conduct is deemed by us to be inconsistent with our terms and conditions.

Registration

You must be legally able to form binding contracts to use our service.  This means you must not register for our service if you under 18 years of age, an undischarged bankrupt, or under any type of insolvency, administration or other insolvency event where you are a company.You must register your details with us to use our service which will create an account.  This account will be your account for use of our service (“your account”). Registration is free and does not require you to purchase anything from our website.

You must not use false or misleading information in registering or using the Service and you must update your details should they have changed from the last time you used the Service.  We are not responsible for any loss or damage (including misdirected deliveries or notifications) which may occur because you have not provided us with up to date, accurate or complete information.

You must choose a username and password when registering your account.  You are responsible for the security of your username and password and we will assume that anyone using your account is authorised by you.  Under no circumstances will unauthorised access and use of your account reduce your liability in connection with the Service.  This includes your obligation to purchase a product which may result from use of your username and password. You must notify us immediately if you become aware of any unauthorised use of your account or other security breach which we may consider relevant.

 You permit us to send you notifications by email of the status of any delivery, a copy of your invoice and any other marketing or promotional events and offers.  We will refrain from sending you marketing related materials, including special offers, if you tell us you do not wish to receive these communications when you complete your registration online.  We may additionally request that you participate in customer feedback from time to time so that we can improve our service to you. We accept no liability for any loss or damage incurred if you do not receive any notifications by us to you, for whatever reason. We will use your personal data in accordance with our Privacy Policy. You may request that your account be closed by emailing us at info@pregoli.co.nz.  Your account will be closed if you have paid everything you owe to us in cleared funds and all transactions have been completed.

Ordering a Product

Once you have established your account you may proceed to place an Order for a Product; Subject to final confirmation of your order the sale price of the Product will be as shown on our website at the time you place your order.  The sale price will be inclusive of GST.  If there are any delivery charges they will also be shown on our website.

After you have submitted an order to our website we will forward to you an email known as our Order Confirmation email which will contain details of the Product you have ordered and provide you with an Order number. We may at our absolute discretion refuse to accept your order for any reason including but not limited to the unavailability of the Product you have ordered; If we agree to accept your Order we will then forward you an email called a Shipment Confirmation email. Upon transmission of that email a Contract is formed between us and subject to payment by you of the invoiced amount, we are obliged to provide the product to you; Whilst we do our very best to ensure that the prices shown on our website at all times are accurate, we will confirm during the acceptance process of your Order whether the price shown on your Order is the correct price, and if it is not the correct price we will contact you and ascertain whether or not you wish to continue to proceed with your Order at the correct price for the Product;

After you have submitted an order to our website we will forward to you an email known as our Order confirmation email which will contain details of the Product you have ordered and provide you with an Order number as part of our process of considering your offer and deciding whether to accept your offer. We may at our absolute discretion refuse to accept your order for any reason including but not limited to the unavailability of the Product you have ordered; Whilst we do our very best to ensure that the prices shown on our website at all times are accurate, we will confirm during the acceptance process of your Order whether the price shown on your Order is the correct price, and if it is not the correct price we will contact you and ascertain whether or not you wish to continue to proceed with your Order at the correct price for the Product;

Cancellation Policy

If for any reason you wish to cancel your order you will need to contact Pregoli immediately either by phone 0800 PREGOLI (0800 773 4654) or by emailing: info@pregoli.co.nz. We will do our best to meet your request, however, all orders are normally shipped within 24 hours and we cannot usually stop a delivery after this time. Once product has been shipped we cannot cancel an order. If you have cancelled an order and payment has already been processed. We will credit your original method of payment once we are satisfied that all criteria for a refund have been met.

Vouchers

We may from time to time decide to release promotional vouchers that may be used on our website. The promotional vouchers may be released in magazines and newspapers or forwarded to you by email. The promotional vouchers cannot be used anywhere other than on our website; Promotional vouchers are valid only for the specified period stated on them, can only be redeemed once and cannot be used in conjunction with any other promotional vouchers. We may elect to exclude certain Products from our voucher promotions; You cannot use our promotional vouchers to purchase products from any other parties;

If you use a promotional voucher to place an order for a Product for an amount less than the value shown on the promotional voucher, we will not be obliged to refund you the difference, nor can you at any future time try to use the balance of the promotional value to place an order for another Product; You cannot convert the amount shown on the promotional voucher to cash; You may use the promotional voucher to place an Order for a Product for a value greater than that shown on the promotional voucher. In those circumstances you will be liable to pay to us the extra amount in accordance with our terms and conditions;

We will also offer on our website purchase gift vouchers which may be used on our website. These gift vouchers will be sent by email; Purchase gift vouchers can only be used to place an order for the purchase of Products from our website and cannot be used to purchase further gift vouchers; Purchase gift vouchers can only be purchased using a valid credit or debit card; A purchase gift voucher cannot be converted into cash; If you use a purchase gift voucher to place an order for a Product for an amount less than the value shown on the gift voucher, we will not be obliged to refund you the difference, nor can you at any future time try to use the balance of the gift value to place an order for another Product; You may use the purchase gift voucher to place an Order for a Product for a value greater than that shown on the gift voucher. In those circumstances you will be liable to pay to us the extra amount in accordance with our terms and conditions; When placing an Order for a Product no more than one purchase gift voucher and/or one promotional voucher may be used;

You may give your promotional voucher or purchase gift voucher to another person for use on the Site. If your promotional voucher or purchase gift voucher is lost or stolen we accept no liability in relation to the loss thereof.

Transmission to our Website

You are solely responsible for transmissions to our website when using your account or when the website is accessed by someone using your account.   You must not allow any transmission to be done in relation to our service which is prohibited by our terms and conditions.  You must ensure that your transmissions:

  1. Are true accurate and complete;
  2. Do not infringe any other persons rights or privacy, including without restriction intellectual property rights;
  3. Are not contrary to any applicable law or code of practice;
  4. Are not defamatory, threatening or constitute harassment;
  5. Are not false or misleading in anyway;
  6. Are not obscene or objectionable; and
  7. Do not contain any virus, Trojan or other computer program that may damage or interfere any data, personal information or system of Pregoli.

Your Rights and obligations

You must carefully read all Product Information in relation to any items you purchase on our website. It is your responsibility to read the Product Information relating to any item listed for sale on our website. Do not rely upon the title summary or any photographs of any item solely as a complete description of an item.

We seek out quality garments and fine materials. Some people are allergic or experience an allergic reaction in relation to certain types of fabric and dyes. It is your obligation to raise any allergies you may have with us prior to purchasing an item.

Any description or photograph of any item does not in any way offer any opinion as to the suitability of an item for your needs nor does it replace an assessment of such suitability in your personal circumstances. Please use any photograph or graphical description as a guide only.

Our terms and conditions govern delivery and payment terms. The payment and/or a delivery description may be included in any item description, so please make sure that you understand both the terms of the delivery and payment and your obligations under these additional terms and conditions. You acknowledge that a delivery fee will usually be charged when purchasing an item from our website.

Our Rights and Obligations

We may refuse you the right to access your account and use the Service if you:

  1. Do not pay for any item;
  2. Give information which is inaccurate, incomplete or untrue or otherwise you refuse to accept delivery of a purchased item; and/or;
  3. Have engaged in any fraudulent conduct on our website, which includes the use of any promotional or purchase gift voucher, in which circumstance your account will be permanently suspended and your use of our service barred.;

We wholly reserve the right to suspend, cancel or terminate your access to tour service or your account if you breach or fail to observe the terms and conditions our website. We further reserve the right to suspend your account and your access to our service at our discretion acting reasonably at all times. If we suspend your access to our service and your account, we may prevent you from registering from the website again for a new account. 

We reserve the right to refer any fraudulent conduct by you on our website in using our service or in accessing your account or in buying any item to the police and your ISP. You acknowledge that it is illegal to buy products using false details and/or under a false name and credit card and we reserve all of our rights against you if you breach the law in this regard or our terms and conditions, including without limitation the likelihood that you will be pursued for any losses suffered by any person arising out of any illegal action.

Liabilities and Indemnities

We do not provide any express or implied warranty or condition concerning our website’s capability or capacity in providing our website and our service to you which are provided on an “AS IS” and “AS AVAILABLE” basis. We do not guarantee continuous, secure or uninterrupted access to our service or your account and you acknowledge that certain aspects of the provision of our service to you are out of our control. Such factors may cause the operation of our website to be restricted including where maintenance or other Services to our website, our service and your account are required. You acknowledge that the use of the internet can at times be unpredictable and in some cases insecure and that at times our service to you and your account may not be available and our website and any transmissions may not be free of error or other harmful components.

Links to external websites are provided for your convenience only and are in no way a representation as to their suitability, usability, accuracy, availability or safety nor an endorsement by us of the external website. We will not be liable under any circumstances for any loss or damage suffered by you when visiting an external website through a link on our website or otherwise including but not limited to loss and damage caused by any virus or other harmful component. In relation to the delivery of our website, our service, your account and the sale of any product to you, you acknowledge that neither us, nor our suppliers, will be liable to you for any consequential loss including any lost profit, special, incidental or consequential damages including negligence.

We exclude to the maximum extent permitted by law any liability for any loss or damage incurred by you due to an allergic reaction suffered as a result of your use of any item or the use of that item by anyone else.

We will endeavor at all times to ensure that any goods sold to you accurately correspond to any descriptions given in the Product Information and additionally will have a clear title and be available and in stock. Subject to the next paragraph below, to the extent permitted by law, all express or implied conditions or warranties in connection with our service, our website and the sale of any goods are excluded.

However, we acknowledge certain liability pursuant to any warranty or condition, implied or otherwise, cannot be excluded by law.  In those circumstances, we limit our liability to the following:

  1. The replacement of the goods or the resupply of the Services;
  2. The supply of equivalent goods or the payment of the costs of having the Services supplied to you again; or
  3. Making a full refund to you for any amounts paid by you to us.

    You shall at all times indemnify and hold harmless Pregoli and any of its past, present and future officers, directors, employees and agents from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:

    1. Any breach by You of any term or condition of our Terms and Conditions;
    2. Any negligent act or omission by You or any of your officers, directors, employees, agents and sub-contractors in performing or omitting to perform the obligations under our Terms and Conditions; and
    3. Any loss or damage suffered by a third party in connection with any act or omission of You or Your officers, directors, employees, agents and sub-contractors in relation to Your choosing to accept our terms and conditions or the performance of your obligations pursuant to these Terms and Conditions.

      Delivery terms are set out on the Product information page and are discussed above. If an item you purchase is to be delivered by us, to a place nominated by you, the risk in such item will pass to you:

      1. when it is delivered; or
      2. if we are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery), when we or our carrier first attempt to deliver the item;

      Title in any item will only pass to you when we receive the Invoice Amount in cleared funds. If title has passed, that will not affect our rights to terminate a sale pursuant to this User Agreement.

      Returns Policy

      Our Returns Policy can be found here. Our returns policy supplement these terms and conditions and by using our website, you will be deemed to have read and accepted our returns policy.

      Free Shipping

      Free shipping purchases can only be returned for a store credit or exchange (no refunds). 

      Credit card information security policy

      We use the Shopify Payment Gateway for our online credit card transactions. 

      • Payments are processed in real-time
      • Pregoli does not have access to your full card number, this credit card payment is secured by Shopify Payment.
      • Shopify is certified Level 1 PCI DSS compliant. This compliance extends to all online stores powered by Shopify. "We are very serious about securely hosting your online store and have invested significant tim and money to certify our solution is PCI compliant."
      • Visit Shopify for more info on online credit card payments

      Copyright and Intellectual Property

      The content displayed on Pregoli's website, including but not limited to the website’s look and feel, text, graphics, images, designs, the URL and software (Content), is either the property of, or used with permission by Pregoli and is also protected by New Zealand and International copyright and trademark laws. All rights including but not limited to copyright, title and interest in the content belong to Pregoli.

      The use of any images, graphics, text or content is strictly prohibited unless written authorisation is granted by Pregoli. The reproduction, republishing, copying, transmitting, distributing in any form, or by any means, any content is prohibited. Pregoli prohibits modification or adaption of any content. Any unauthorized use of the content may result in the violation of copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and may subject you to criminal penalties.

      The trademarks, trade names, domain names and logos on the Pregoli website are registered trademarks. The use of any said material by another party to gain self promotion is in violation of trademark laws and may be subject to criminal penalties.

      Applicable Law

      Our terms and conditions is governed by and will be construed in accordance with New Zealand Law and both you and us  shall be subject to the jurisdiction of the Courts of New Zealand.