Terms of Service
Please carefully read the following Terms of Service (“Terms”, “Terms of Service” or “Agreement”) before using the website offered by Toniq Collective NZ Limited (“Toniq Collective”). This Agreement sets forth the legally binding terms and conditions for your use of the website www.toniqcollective.com (“website”) and services offered by Toniq Collective (collectively, “services”). By visiting our website and/or purchasing something from us, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available via hyperlink.
Throughout the website, the terms “we”, “us” and “our” refer to Toniq Collective. Toniq Collective offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. The terms and conditions are established by us, and you use the services that we provide for which you submit your personal information, order our products, and use the information provided for further action via our website.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Price does not include any damage, or major stains. Upon return, if the garment is damaged we will email you an invoice to cover the specified costs. You must send back the garment via overnight courier only through NZ Post on the next working day.
5. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10. PERSONAL INFORMATION
11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Oh Rent Me, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Oh Rent Me and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
19. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
- General – Rental Agreement
The full terms and conditions include the Terms of Service above, and they can vary from time to time. You agree that your use of Toniq Collective’s services is held against the Terms of Service on our website. No other terms and conditions shall have effect.
By using our services, you agree to the terms of this Rental Agreement. This means that you will be held accountable to uphold the Rental Agreement, which is specified in your order including the dates for the rental, the product ordered, its size, and the date by which the item is due to be returned. If the item is not returned by the due date stated in thee terms and conditions, you will be accountable for late fees as you have no right to the item past the required date of return.
All prices are in New Zealand Dollars (NZD).
- Rental Fees, Credit Card Authorisations, Cancellations
The rental fee will be stated along-side the information required for each product which will be listed on the website, the rental fee does not include postage costs. This will be charged at “check-out”. In submitting your order, you hereby authorise us to charge your account used for payment for the rental fee and postage costs. This charge will occur immediately.
By failing to return the goods you hereby authorise Toniq Collective to charge your account used for payment a charge of 150% of the retail value of the product rented from our website. By returning goods in an unusable state you hereby authorise Toniq Collective to charge your account used for payment a charge of 80% of the retail value of the product rented from our website. These percentages of the retail value will be taken from original recommended retail price (RRP) when first released. This covers the loss of the item plus the expected loss of revenue from further rentals of that product.
If you require a cancellation, this must be completed within 24 hours of placing your order via our website. If you meet the requirements of our cancellation policy, we will process your cancellation claim, and reimburse you the full amount, or you can choose store credit if you would prefer. Should a cancellation be submitted after 24 hours of placing your order we hold no obligation to refund or reimburse you for any of the costs incurred with the initial order.
Toniq Collective reserves the right to charge your account used for payment for non-compliance of the Rental Agreement and terms and conditions under which you hire our products.
The Refund Policy will apply to this Rental Agreement.
- Your obligations
Once the item has arrived to you, you hold the responsibility to these items. When providing an address for shipping you confirm that this address is your physical address, that of which you hold yourself accountable for the items when delivered. If you provide us an address where you do not physically reside, Toniq Collective shall take no responsibility for non-delivery or any liability to what happens to the product after delivery.
You agree to treat the items with care so that unnecessary damage does not occur. You will be held accountable for loss to the goods due to theft, disappearance, or any other occurrences that may result in the product being lost, if outside of our "Rental Insurance" offerings.
If you have not paid for Rental Insurance and the item requires professional cleaning services you will be liable for these costs and will be charged appropriately. If the returned garment is beyond what is considered normal wear and tear then you agree that we shall charge your account used for payment 80% of the retail value of the product. All new orders purchased with Rental Insurance are covered for:
- Any damage to the garment - including a complete write-off.
- Any stains to the garment - including those dry cleaning cannot get out.
Rental Insurance is available for $8 per item. If you do not select this option, then you will be liable for all damage. The Rental Insurance fee is non-refundable, even if you return the garments undamaged. If a garment is not returned to us, the Rental Insurance will not apply.
Rental Insurance does not include:
- Theft of the garment
- Refusing to send back the garments
- Parcels getting stolen from people's property due to it being released from Signature delivery by the customer
- Sending back the garment incorrectly to us e.g., sending it back via a Post drop box such as Street post boxes, or the post boxes outside the post shop (but are not limited to just these options). All parcels MUST be sent back to us through NZ Post and handed over to an NZ Post cashier.
The Rental Agreement states that we require you to send the product back to Toniq Collective in the prepaid post packaging provided by the return date specified in the online invoice issued to you. You have the option to extend the order at any point via email or telephone, provided it is available for the dates requested, further charges will be applicable accordingly. If you return the goods late, a late fee of $30.00 per day will be charged to your account that you made the payment with, up to a maximum not exceeding 150% of the retail value of the good hired. If our product has not been returned to us within the 14 days, this non-compliance of return will be considered as a breach of the Rental Agreement and Toniq Collective shall have the right to charge your credit card 150% of the original retail price (less any late fees that have already been paid).
If the prepaid post bag provided is lost by you, you are held responsible for returning the item at your own expense by the expected return date. The alternative return must be using a nationwide overnight courier service. You must immediately notify us with a tracking code.
Should any misconduct occur to this Rental Agreement and you refuse to pay amounts due for any damage or late return, we reserve the right to initiate enforcement procedures. Enforcement procedures including any solicitor fees or any other means we require to recover any fees owing by you, will be liable to you.
We reserve the right to terminate your membership to Toniq Collective at any point in time if you breach any terms of the Rental Agreement or the Terms of Service.
- Toniq Collective’s commitments
Once you order has been confirmed, we will uphold the agreement by delivering the product you have ordered, in the correct size, pattern, colour and design you ordered, on the date requested to the address you have provided in the order. If the product arrives and it is not of the requested colour, size, pattern and design you must contact Toniq Collective within 12 hours of the date you received our product via email or telephone and return the product in the prepaid bags provided in the order. This return must be completed within 24 hours of receiving the product. We will reimburse you with the full amount or with full amount in credit, at your own discretion or we can attempt to find the suitable replacement for the original goods requested by the rental date. Toniq Collective holds no responsibility for errors of your own when ordering products such as, but not limited to requesting incorrect sizes, prints, design and colour, Toniq Collective holds no responsibility for these mistakes.
We make sure that all products match the quality level that we have described our products to be at, clean and ready to wear. We inspect our items carefully before sending them away, however if you receive the item and it is not up to the standards outlined please contact Toniq Collective within 12 hours of receiving the items.
You will be provided with a prepaid, pre-addressed “New Zealand post bag” as well as instructions outlining the process of returning the product by its due date.
- Limitation of Liability
Toniq Collective holds no liability to you or any other third party, for any unforeseen circumstances or circumstances considered force majeure, that result in any damage to the item, non-delivery, or loss of item. You solely hold responsibility for the item during the rental period, if any damage and or claims are made against you as a result of occurrences that happened while you were responsible for the item regardless of whether or not they were your own doing or out of your control, you will be held solely responsible for the costs incurred.
The Rental Agreement, Refund Policy and the Terms of Service on the website form the entire agreement between you and Toniq Collective. Toniq Collective reserves the right to change or terminate this agreement at any time, without notice being given. You shall not assign the agreement without the approval of Toniq Collective prior to delivery of the goods. Even if the agreement is terminated you are still obligated to fulfil your obligations required under the rental agreement and terms and conditions. Reasons out of Toniq Collective’s reasonable control including but not restricted to fire, earthquake, and interruptions to supply, other natural disasters, war and or riots or acts of terrorism will result in Toniq Collective not being liable for non-fulfilment of its obligations under this agreement.
TO BUY PRODUCTS
Buy products are available for you to purchase and keep. We do not offer refunds or exchanges on any Buy products bought from our Site, unless faulty. There are no exceptions to this policy. Refunds are not available on sale items for any reason.
No refunds or exchanges are available if:
- More than 24 hours has passed since your purchase; or
- Your order has already been shipped inside the above mentioned 24 hour period; or
- Your order has already been picked up from our premises.
If you have received a product that does not match the quality level we have described of the product on our Site, you must contact us within 12 hours of its receipt in order to be eligible for any form of reimbursement. Reimbursement does not include any shipping costs.
We do not issue refunds if the garment does not fit, or if you do not like how it looks on you. This is the risk you take when you rent something. Try ons are available at our Ponsonby showroom or via postal service for a fee.
To be eligible for a return or any form of reimbursement, the product you ordered must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt of proof of purchase.
If an order has been placed on Thursday night or Friday day for a Saturday rental, no refunds are available if your order does not arrive on time. The reason for this is that we were not given enough time to ensure that it would arrive to you on time. To ensure that you receive your order in time, we recommend ordering a week in advance.
We ship via overnight courier, however NZ Post cannot provide us a 100% guarantee, therefore we are unable to give you a guarantee. This means there is a chance that your garment does not arrive overnight, which is beyond our control.
Refunds are not available if it is deemed the product has been delivered if it is attempted for delivery, item at depot, and if you tried to arrange for a redelivery, but it does not arrive on time.
Where an order is classified as rural under NZ Post’s system and rural delivery was not paid for, no refund is available if your order does not arrive on time. To avoid disappointment, please ensure you select the rural delivery option at checkout.
Refunds or any kind of reimbursement are only applicable where:
- the garment arrives damaged or stained and does not match the quality level we have described of the product on our Site; or
- the garment does not arrive to you in time,
due to problems on our behalf. If the above criteria are not met then no refunds are available.
We will notify you whether your refund request has been accepted or rejected. If it is accepted, then your refund will be processed and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
If your refund request has been accepted and you have not yet received a refund, please first check your bank account again then contact your credit card company. It may take some time before your refund is officially posted. Following this, please contact your bank. There is often some processing time before a refund is officially posted. If you have completed all these steps and you still have not received your refund, please contact us at email@example.com.