Curate by City Mission Op Shop Terms of Trade

Please note that the majority of our clothing & homewares are second hand donated goods that come through our City Mission Op Shops. We then hand-select vintage and quality preloved goods. Therefore some items may show signs of wear, have small holes or stains. Please ensure you choose carefully by looking at the product photos to make sure you are happy with an item before you purchase.

Curate (“we”, “us”, “our”) specialises in the sale of second hand clothing, footwear and accessories online. These Terms and Conditions (“Terms”) affect your legal rights and obligations in relation to our website https://thrive-curate.myshopify.com/ (“our website”) and our products and services. In these Terms, “you” and “your” refers to the individual providing accessing and using our website and our products and services.

By visiting our website, purchasing products from us, or signing up for our marketing material, you agree that you have read, understood and accept these Terms and agree to be bound by these Terms and by all applicable laws governing our website.  If you do not agree to be bound by these Terms and such laws, please do not access or use our website. These Terms apply to all users of this website, including (without limitation) users who are browsers, vendors, customers or merchants.

You may only use our website in accordance with these Terms. You must not use our website for any other purpose. If you use any part of this website in breach of the Terms, your right to use our website will cease immediately.

Our online store is hosted by Shopify, operated by Shopify, Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products to you.

By agreeing to these Terms, you represent and warrant to us that you are at least the age of majority in your country, state or province of residence. You agree that you have given us your consent to allow any of your minor dependents to use our website.

You should read these Terms carefully prior to confirming any purchase from us.  If you have any questions relating to these Terms, please contact us prior to making your purchase, by email at curate@citymission.org.nz or by post at Curate by City Mission Op Shop, 250 Barbadoes, Christchurch 8104, New Zealand.

Making a Purchase

We aim to provide you with a convenient and secure shopping experience. Through our website and online store.

When you place an order of products with us through our online store, this is an offer to purchase our products in accordance with these Terms. We may choose to accept your order by arranging for the processing of your payment and the shipping of the products.

We reserve the right to refuse any order you place with us for any reason. We may, for any reason, limit or cancel all or part of any order you make with us, and may choose to do so where we believe your order has been made for any improper or illegal purpose.  In the event we change or cancel your order, we will contact you.

You may have the option to create an account through our website, which may allow you to save shipping and delivery details for subsequent purchases through our online store.

Pricing and Fees

Unless otherwise stated, all amounts are in New Zealand dollars (NZD$) and are inclusive of GST. When you make an order through our online store, all purchases must be paid in full at the time of purchase.

Unless otherwise stated, all prices for shipping are provided separately and may vary based on your delivery address. For further information on our shipping policies, please visit https://thrive-curate.myshopify.com/pages/shipping.

While we endeavour to ensure prices listed on our website are accurate as at the time of publication, we do not warrant as to the accuracy of any listed price, and reserve the right to change any price for any reason. Please see the section Website Disclaimers for further information.

Where any price changes after you have made an order through our online store, we will attempt to contact you prior to processing your order.

Processing Payments

When your order is submitted through our website, your nominated payment method will be debited. Subject to these Terms, the products you have ordered from us will be prepared and dispatched to your nominated shipping address.

If we are unable to supply the products requested, we will process a refund to the value of the non-supplied products and attempt to notify you to confirm the refund.

Card transactions may be subject to fraud management checks, to help protect our customers and reduce our exposure to fraud. Where your order meets pre-defined criteria, it may be held for approval before being confirmed. Orders will be accepted once we are satisfied the transaction can be confirmed as legitimate. We reserve the right to reject any order where you are unable to verify your payment method or respond to any reasonable concerns.

Online Returns Policy

The majority of our products are second hand, unique pieces therefore there may be some faults in garments, accessories & homeware. We will do our best to point out any faults in the descriptions and photographs. Please ensure you look closely at the photos of the products to make sure you are happy before you make your purchase.  Refunds will be processed if you believe an item is not as described.

To be eligible for a return, products must be in the same condition that you received them in.

You must notify us at curate@citymission.org.nz within 3 days of receiving your product that you are not happy with an item and would like to return it. If contact is made after 3 days, then your return will not be accepted.

Once your return is received and inspected by us, we will contact you to notify you that we have received your returned product. We will also notify you of the approval or rejection of your return.

If your return is approved, we will process a refund to the value of the returned products, and a credit will automatically be applied to your credit card or original method of payment, within 5 working days.

We do not offer store credits.

You are responsible for paying for your own shipping costs for returning your products. Shipping costs are non-refundable, and we take no responsibility for the safe and timely arrival of returned products. We advise you to use tracking on your returns, if possible.

All returns of products must be returned to:

Curate by City Mission

250 Barbadoes Street

Christchurch 8104

New Zealand

 

If you have any questions relating to our returns policies, please contact us at curate@citymission.org.nz.

A refund will only be provided for faulty goods in accordance with our obligations under the Consumer Guarantees Act 1993.

Prohibited Uses

You are prohibited from using our website, our online store or its content:

• for any unlawful, obscene or immoral purpose
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others
• to submit false or misleading information
• to upload or transmit virus or any other type of malicious code
• to interfere with the security features of our website
• to collect or track the personal information of others

Exclusion and Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including (without limitation) lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our website, our online store, or any products purchased from us, or for any other claim related in any way to your use of our website or any product, including (but not limited to) any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our website or any product.

We will not be liable to you for any delay or non-performance of our obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control.

Where we are found liable to you for any reason despite these Terms excluding our liability, our maximum aggregate liability to you will be limited to either $500, or the value equal to twice the price paid by you to us in respect of any order of our products (whichever if greater).

Indemnity

You agree to indemnify us and hold us harmless from and against any losses, damages, costs, liabilities and expenses (including legal expenses), and any claim or demand made by any third-party due to, or arising out of, your breach of these Terms.

Website Disclaimers

The information presented on or through our website is made available solely for general information purposes. We provide no warranty as to the accuracy or completeness this information. You acknowledge and agree that:

• prices and colours of our products may change
• all products are subject to availability
• colours of products represented on our website are intended as a guide only, and may not accurately reflect the colour of the product purchased by you
• description of products are general summaries only

Any reliance you place on such information is strictly at your own risk. To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to our website, or by anyone who may be informed of any of its contents. We reserve the right to correct errors in any such information.

While we take all reasonable steps to ensure the safety of this website, we do not warrant or represent that this website is or will be free or secure from viruses or other malicious code.

We reserve the right to alter or update our website, and any information we provide on our website. We reserve the right to correct any error on our website, including any errors in relation to pricing.

You agree that from time to time we may suspend access to our website or our online store for indefinite periods of time, or cancel your access to our website, our online store and our products at any time, without notice to you.

Your use of our website is at your sole risk, and this website is provided on an “as available” basis. We provide no warranty that:

• our website and your access to our online store will be uninterrupted, timely, secure, or error-free
• the quality of any services, information, or other material provided to you through our website will meet your expectations
• any errors on our website will be corrected.

You expressly understand and agree that to the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of our website or your reliance on any website content.

These exclusions do not affect any rights which may not be excluded under the Consumer Guarantees Act 1993.

Intellectual Property Rights

Our website, its contents, its features and functionality are either owned by us, the parties we licence such material from, or the provider of such material, and are protected by New Zealand law.

No right, title or interest in or to our website or any content, features or functionality on our website is transferred to you. Any use of our website or its contents not expressly permitted by these Terms constitutes a breach of these Terms, and may also violate copyright, trademark and other laws.

You are not permitted to copy, reproduce, alter, modify, create derivative works, publicly display, broadcast or stream any content from our website, without our prior express written permission.

Where we provide a link on our website to the website of a third party, the use of that third party website is governed by the terms set out by that third party. We do not accept any responsibility or liability for your use or access to any third party website.

Privacy

Your submission of personal information through our website and our online store is governed by our Privacy Policy. To view our Privacy Policy, please visit https://thrive-curate.myshopify.com/pages/privacy-policy.

Changes to our Terms of Trade and Governing Law

We may amend, update, change or replace these Terms from time to time without prior notice. Please check our website periodically for changes. Your continued use of, or access to, this website, our online store, or purchase of our products following the posting of any changes to these Terms constitutes acceptance of those changes.

General

If any provision of these Terms are held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining provisions. 

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

These Terms, and your use of this website and access to our online store, is governed by and construed in accordance with the laws of New Zealand, and you agree that the Courts of New Zealand have the non-exclusive jurisdiction to hear and determine any proceedings brought in relation to these Terms, and your use of our website.

If you have any questions, please do not hesitate to contact us by email at curate@citymission.org.nz or by post at Thrive Curate, 275 Hereford Street, Christchurch 8104, New Zealand.

 

Last updated: 14/08/23