TERMS OF USE

The terms and conditions set out below (the "terms") govern your use of rachaelhale.com (The “Website”) which belongs to Dissero Brands Limited (“Dissero Brands”). These terms are legally binding on you (to the extent permitted by law). If you do not agree with any of these terms, do not access or otherwise use this Website or any information contained on this Website. By using this Website you agree that they apply to your use of the Website and you agree to abide by all the terms. Dissero Brands reserves the right to revise these terms at any time and Dissero Brands will notify you of such revisions by posting an updated version of these terms on the Website. Your continued use of the Website shall constitute your consent to such revisions.
 

PRICES AND AVAILABILITY

Prices and availability are subject to change without notice.
 
The price for the Products will be:

• the price in US dollars and other currencies plus other sales taxes and duties (if any)
• the costs associated with additional services and delivering the Products to you, as quoted on this website at the time of placing your order.

 
Every effort has been made to check our information for accuracy, however, we reserve the right to refuse to honor any incorrect internet prices as we cannot account for the occasional human error (to the extent permitted by law).
 

AUTHORITY TO USE CREDIT CARD ACCOUNT

You warrant that you are authorised to use your Credit Card Account by the relevant credit card company.

TITLE AND RISK

We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products.  The Products are at your risk as soon as they leave our premises for delivery to you.

 

DELIVERY ADDRESS

You can send a parcel to an address other than your Billing Address. Simply fill in the Shipping Address box with your desired address details when prompted.

We are unable to modify your order or delivery address once credit card authorization has been completed. We encourage you to always check your delivery address before completing the checkout to avoid disappointment.

Note that we cannot deliver to PO Box addresses.

RETURNS   

A product can ONLY be returned if the product you receive from us is different to the one that you ordered, or is faulty. We cannot accept returns because of a "change of mind".  Below is a summary of our product returns procedures.

If an incorrect item is shipped to you, please contact us within 48 hours of receipt for replacement details.

If you receive a damaged or defective product, you may return the purchase to our Distribution Hub (using the address stated on your Returns Form) within 20 days of receiving it for (at our option) a replacement of the exact same item(s) if available or refund of the purchase price and respective sales tax back to your credit card, if applicable. Goods returned must be in their original condition with tags and packaging intact.

You must pay all costs of returning products to us, however, we will refund those costs if we accept the return of products as incorrectly delivered or faulty according to our Terms and Conditions.  If you placed and/or received an order that came with a free gift, you must include the free gift in its original condition with the returned item or you will be charged the full retail price of the gift plus shipping and handling. We reserve the right to refuse a return and will certainly provide you with a reasonable explanation. We thank you in advance for your understanding.

Be sure to include a copy of your Returns Form and please write the reason for the return or exchange on the Returns Form included in your parcel.
 

DOWNLOADS

We own copyright in all materials made available for downloading.  Wallpaper downloads are provided for personal, non-commercial use on your computer desktop only, and may NOT be used as backgrounds on web pages or as stationery or attached to emails. Materials which are downloaded  may NOT be used for commercial purposes.  The wallpapers may NOT be used in any other collection or on any other website or offered to any person, whether for sale or for free, nor may they be altered in any way or parts of them used with other graphics.
 

HYPERLINKED WEBSITES

Any link or frame (including hyperlinks, buttons or referral devices of any kind) used on this Website is provided for the use and convenience of the visitor.  The appearance of a link on this Website does not constitute an endorsement, recommendation or certification by Dissero Brands, nor should the presence of a link in any way be construed as a suggestion that the website has any relationship with Dissero Brands.  We have no control over the content of third party websites and use of any linked or framed website is at your own risk.

Dissero Brands generally does not object to links to this Website from third party sites.  However, there are certain conditions that must be followed:

Unless we enter into a specific written agreement with you, you may not use any of Dissero Brands’ names, logos, designs, slogans or trademarks in association with your links, except that you may link from a website (whether commercial or non‑commercial) to this Website using the plain text words:

• “Dissero Brands”

Do not present your link to this Website in any way that suggests Dissero Brands has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website.  Do not use any of Dissero Brands’ names, logos, designs, slogans or trademarks in any advertising, publicity, promotion, or in any other manner without the prior express written permission for a particular use from Dissero Brands. Please do not incorporate any content from this Website into your website (e.g., by in-lining or framing). 

 

INTELLECTUAL PROPERTY

We own or license all copyright and other intellectual property rights in this Website.  All rights are reserved.  You may not copy, reproduce, publish, download, post, broadcast, transmit, adapt, alter or create a derivative work from any content on this Website.

All pages within this Website are the property of Dissero Brands.  In particular, wallpaper downloads are provided for personal, non-commercial use on your computer desktop only, and may NOT be:

• used as backgrounds on web pages or as stationery in or attachments to emails
• used in any other collection or on any other website or offered to any person, whether for sale or for free
• altered in any way, or parts of them used with other graphics.

Any other use of content on this Website requires the prior written permission of Dissero Brands.

This Website, including all materials, is protected by worldwide copyright laws and treaty provisions, whether or not a copyright notice is present on the materials.  You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the materials on this Website.  Except as expressly set out in these terms offered, Dissero Brands Ltd does not grant you any express or implied rights.

 

CONSENT TO MARKETING COMMUNICATIONS

By providing your personal details (including without limitation your email address) you consent to Dissero Brands using those details to send you marketing and promotional information from time to time.  You can unsubscribe at any time.  Simply click on the ‘UNSUBSCRIBE’ link on the email you received from us.  Or reply with ‘UNSUBSCRIBE’ in the subject line.  (See our Privacy Policy.)
 

LIABILITY

We have developed this Website to provide you with products and services, and with information relating to Dissero Brands’ activities.  The information on this Website is for general information purposes only and is provided free to you.  We endeavor to keep the information on this Website accurate and up to date, however, we make no warranty as to the accuracy, reliability, suitability or currency of information on this Website.  To the fullest extent permitted by law: all information and material on this Website is provided “as is” and is subject to change at any time; and we disclaim all representations and warranties, express or implied, including (without limitation) representations and warranties as to the accuracy, completeness or fitness for any particular purpose, of this Website.  If you are using this Website for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to your use of this Website.

We (and any other party involved in creating, producing or delivering this Website or any website owned by Dissero Brands linked to or from this Website) will not be liable for any damages, losses (including, without limitation loss of profits, business or data), costs or expenses of any kind, whether direct or indirect, arising or resulting from, or in connection with, your access to, or use of, or inability to access or use, this Website or any other website which is linked or framed to this Website, or any errors or omissions in the content thereof, to the fullest extent permitted by law, whether brought in tort, contract, equity or otherwise.
 

INDEMNITY

You agree to indemnify and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits, business or data) and expenses of any kind, whether direct or indirect, arising or resulting from, or in connection with, your access to, or use of, or inability to access or use this Website or any other website which is linked or framed to this website or breach of your obligations or any warranty under these terms of use, whether brought in tort, contract, equity or otherwise.
 

VIENNA CONVENTION EXCLUDED

The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these terms of sale.
 

NO WAIVER

Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy.  A waiver of any of these terms must be specified in writing and signed by one of our authorised officers.
 

EXPRESS RIGHTS

The exercise by us of any express right set out in these terms (“express right”) is without prejudice to any other rights, powers or remedies available to us in these terms, at law or in equity, including any rights, powers or remedies which would be available to us if the express rights were not set out in these terms.
 

SEVERANCE

Where any part of these terms is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other part of these terms.
 

ASSIGNMENT

You must not assign your rights, or subcontract your obligations, under these terms without our prior written consent.
 

APPLICATION OF THESE TERMS

These terms prevail over any inconsistent terms in any other communication or agreement, even if at some later date we, or our agents, sign or otherwise purport to accept the terms of that communication or agreement.

VARIATION

We may vary these terms at any time without notice to you. 
 

JURISDICTION

This Website is governed by, and is to be interpreted in accordance with, New Zealand law.  Any disputes between you and Dissero Brands will be resolved by the New Zealand courts.  To the fullest extent permitted by law, we accept no responsibility for the compliance of this Website with the laws of any other country.