Legal terms & conditions
1. Representation of Product on the Gorgeous Creatures Website
1.1 Whilst every effort is made to accurately portray products represented on the Gorgeous Creatures website, Passionista Ltd trading as Gorgeous Creatures, its employees, agents and subcontractors do not give any warranty that the purchased items will be identical to the photographic representation including, but not limited to, differences arising from the following conditions:
i. Colour differences arising from different colour settings or your computer monitor
ii. Differences in final appearances for handcrafted and made to order pieces.
iii. Other conditions existing beyond the control of Passionista Ltd trading as Gorgeous Creatures that distort the representation of the exhibited product.
2.0 Right of Return for Stocked items
2.1 The purchaser has the right to disclaim a stocked purchase from Passionista Ltd trading as Gorgeous Creatures for a period of 3 days after receipt of delivery by the Purchaser or their nominated agent, express or implied, and returned to Passionista Ltd within 7 days.
2.2 Full notification of any return must be forwarded to Passionista Ltd trading as Gorgeous Creatures within 3 days of receipted delivery of the item. The return must be initiated within the 7 days stipulated in clause 2.1 of this agreement.
2.3 Returns of goods will only be accepted where the products are returned in the condition in which they were dispatched from Gorgeous Creatures, its agents or subcontractors. Returns will not be accepted where the item is damaged or incomplete in any way.
2.4 After notice is given that the purchaser wishes to disclaim a purchase (pursuant to clause 2.2 of this agreement), Passionista Ltd trading as Gorgeous Creatures will put in place an insurance policy to cover returned items during transit from the purchaser to Passionista Ltd trading as Gorgeous Creatures in New Zealand.
2.5 The Purchaser will be responsible for any and all costs incurred in returning the Product to Passionista Ltd trading as Gorgeous Creatures in Auckland, New Zealand (excluding insurance cover as stipulated in clause 2.4 of this agreement) whether subject to a claim or other reason.
2.6 Failure to comply with any or all of clauses 2.1-2.6, shall render any return invalid.
2.7 Custom made items and special orders including but not limited to special dyed cowhide rugs, ottomans, footstools, possum fur throws and blankets are not covered by this right to return because they are not a stocked item.
3.0 Delivery Conditions
3.1 The Freight Cost excludes any or all duties, customs levies, VAT, GST or any other payment demanded by the Purchaser's Customs Authorities. These charges are payable by the purchaser.
3.2 We make no warranties as to the actual transit time, that is, the time interval between the date the product was handed to the freight forwarder, and its receipt by the purchaser, or their agents, express or implied. No responsibility is accepted by Passionista Ltd trading as Gorgeous Creatures for delays in transit.
4.0 Claims for Loss or Damage
4.1 Passionista Ltd trading as Gorgeous Creatures, its Employees, Agents and Sub-contractors guarantee the Products against theft, loss, damage or other deleterious acts during transit. This guarantee ends at receipt of delivery by the Purchaser or their nominated agent, express or implied.
4.2 If the Purchaser, his or her Agents, express or implied, accepts the shipment without noting any damage on the delivery record (Consignment Note) this constitutes notice to Passionista Ltd trading as Gorgeous Creatures that the product was delivered in Good Condition, any subsequent notation of damage will be invalid.
4.3 When making a claim for loss or damage, the following conditions must be adhered to:
i. Full notification of any claim for loss, damage or delay must be forwarded to Passionista Ltd trading as Gorgeous Creatures immediately or as soon as possible after receipted delivery of the work.
ii. Any claim for loss or damage will be invalid if the delivery record (Consignment Note) has been signed stating that the goods were received in Good Condition.
Failure to comply with any or all of section 4.0 of this agreement shall render any claim invalid.
5.0 Force Majeure Clause
Passionista Ltd trading as Gorgeous Creatures will not be liable for loss, damage or delay caused by events outside our control, including but not limited to Acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies and terrorism, war, strikes, civil commotion or acts of omission or public authorities (including customs and health officials) with actual or apparent authority.
