(New Zealand)
Welcome to Mode & Opal (“we”, “us”, “our”). Mode & Opal Limited operates this website and online store, including all information, content, tools, and services offered through it (collectively, the “Services”).
By using our website, you agree to these Terms of Service (“Terms”) and our Privacy Policy. Please read them carefully. They explain your rights and obligations when using our Services. If you don’t agree, you must not use our site.
Our store is powered by Shopify Inc., which provides our e-commerce platform.
Access and Accounts
You must be at least 18 years old (or the legal age of majority where you live) to use our Services.
You agree to provide accurate, current, and complete information when placing an order or creating an account, and to keep your login details secure. You’re responsible for all activity that occurs under your account.
Our Products
We make every effort to describe and display our products accurately, but colours and finishes may vary depending on your screen and lighting.
All descriptions, pricing, and availability may change at any time without notice. We may limit quantities, discontinue items, or refuse orders where necessary.
Product Care: Please use products only as intended and follow any cleaning or care instructions provided. Improper use may affect performance or warranty rights.
Orders
Placing an order is an offer to buy a product from us. We accept your order only once payment is received and we send confirmation by email.
We may cancel or refuse orders for reasons such as stock unavailability, suspected fraud, or error.
All purchases are subject to our Refund Policy.
Products are sold for personal use only and not for resale or export.
Prices, Payment, and Billing
All prices are shown in New Zealand Dollars (NZD) and include GST unless stated otherwise. Shipping costs are calculated at checkout.
You agree to provide valid and up-to-date payment details. If payment is declined, your order may be cancelled.
Shipping and Delivery
Delivery timeframes are estimates only. Once goods are handed to the courier, risk and ownership pass to you.
We’re not responsible for delays caused by couriers, customs, or events beyond our control.
Your rights under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA) always apply.
Consumer Rights and Refunds
Nothing in these Terms affects your rights under New Zealand law.
If a product is faulty, not of acceptable quality, or doesn’t match its description, you’re entitled under the CGA to a suitable remedy: repair, replacement, or refund.
For change-of-mind returns or exchanges, please see our Refund Policy for details.
Intellectual Property
All content, trademarks, and materials on our website belong to Mode & Opal Limited or are used under licence.
You may not reproduce, distribute, or use our content for commercial purposes without written permission.
Third-Party Tools and Links
Our website may include links or integrations with third-party sites or tools.
We don’t control or endorse these and aren’t responsible for their content or actions. Use them at your own risk.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We, Mode & Opal, are offering an SMS/MMS mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration. Through the Program, you will receive recurring automated marketing and promotional text messages, which may include cart reminders, promotional offers, and product recommendations, and, if you reply, conversational responses to your messages. The Program uses artificial intelligence (“AI”) technology to generate personalized messages, product recommendations, and conversational responses. Some or all messages you receive through the Program may be composed, in whole or in part, by AI systems rather than human agents.
AI-Powered Messaging. Messages you receive through the Program may be generated using artificial intelligence and machine learning technology. This means that some messages, including product recommendations, promotional offers, and conversational responses, are created by AI systems rather than written by a human. You acknowledge and agree that:
(a) AI-generated messages may contain inaccuracies. While we strive to provide helpful and accurate information, AI-generated messages may include errors regarding product details, pricing, availability, promotions, or other information. You should independently verify any product information, pricing, or promotional offers before making a purchase decision.
(b) AI responses are not professional advice. AI-generated messages do not constitute professional, legal, medical, financial, or other expert advice.
(c) Your conversations may be processed by AI. When you reply to messages or engage in conversations through the Program, your responses may be processed by AI systems to generate relevant replies. Your message content, purchase history, and browsing activity may be used by AI systems to personalize your experience.
(d) You may request human assistance. If at any time you prefer to interact with a human representative rather than an AI system, you may request human assistance by contacting us at hello@modeandopal.co.nz.
By participating in the Program, you agree to receive recurring automated marketing mobile messages, including AI-generated content, personalized product recommendations, and conversational AI responses, at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer and/or AI-generated content, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). You specifically consent to receiving messages where the content is generated, in whole or in part, by artificial intelligence systems.
Opting Out. You can cancel the SMS service at any time by texting “STOP” to any mobile text message from Us. After you send “STOP”, you may receive a confirmation text, and you will no longer receive messages from us. If you wish to rejoin the Program, you can opt in again at any time through the methods we offer. You may also opt out by replying with another standard opt-out keyword, such as UNSUBSCRIBE, CANCEL, END, or QUIT.
Help and Support. If you are experiencing issues with the messaging program, reply with the keyword HELP for assistance, or contact us directly at hello@modeandopal.co.nz.
Carrier Disclaimer. Carriers are not liable for delayed or undelivered messages.
Rates and Message Frequency. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. You acknowledge that consent is not a condition to purchase. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. If you have any questions about your text plan or data plan, please contact your wireless provider.
Privacy. If you have any questions regarding privacy, or how we collect and handle your information, please read our Privacy Policy, available at https://modeandopal.com/policies/privacy-policy.
Data Use for AI Personalization. To provide you with personalized messages and recommendations through the Program, we may use information including your purchase history, browsing activity, product preferences, and prior message interactions. This information may be processed by AI systems, including third-party AI service providers, to generate relevant and personalized communications. We do not sell your personal information to third parties. Our AI service providers are contractually prohibited from using your personal information to train their general-purpose AI models.
You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) INACCURACIES, ERRORS, OR OMISSIONS IN AI-GENERATED MESSAGES, INCLUDING INCORRECT PRODUCT INFORMATION, PRICING, OR AVAILABILITY; (B) ANY DECISION YOU MAKE BASED ON AI-GENERATED CONTENT; (C) ANY PRODUCT RECOMMENDATION GENERATED BY AI SYSTEMS; OR (D) THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF AI FEATURES. THE PROGRAM AND ALL AI-GENERATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. We will post any updates to this Agreement. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.
For any questions, reply HELP to any message from us, or contact us at hello@modeandopal.co.nz for more information about the Program.
Relationship with Shopify
Mode & Opal Limited uses Shopify Inc. to power our online store. Shopify isn’t a party to your purchase; all sales occur solely between you and Mode & Opal.
Privacy
We handle your personal information in accordance with the New Zealand Privacy Act 2020 and our Privacy Policy.
Shopify may also process data under its own privacy terms. By using our Services, you consent to this processing.
Feedback
We value your feedback. By submitting suggestions or reviews, you grant us permission to use them for business or marketing purposes without obligation to compensate you.
You confirm your feedback doesn’t infringe anyone’s rights or contain unlawful content.
Errors and Inaccuracies
Sometimes our site may contain errors or omissions, such as incorrect prices or descriptions.
We reserve the right to correct these at any time, including after you’ve placed an order.
Prohibited Use
You agree not to:
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Use our site for unlawful or fraudulent purposes;
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Upload viruses or malicious code;
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Misrepresent your identity; or
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Infringe on others’ intellectual-property or privacy rights.
We may suspend or terminate access if these Terms are violated.
Termination
We may suspend or terminate your access at any time without notice if you breach these Terms.
Sections covering intellectual property, limitation of liability, indemnification, and governing law remain effective after termination.
Disclaimer of Warranties
Except as required by New Zealand law (including the CGA and FTA), our Services and products are provided “as is” without warranties of any kind, whether express or implied.
Limitation of Liability
To the fullest extent permitted by law, Mode & Opal Limited, its directors, employees, and affiliates are not liable for indirect, incidental, or consequential loss arising from your use of the Services or products, except as required under the CGA.
Nothing in these Terms limits liability for death, personal injury, fraud, or any rights you have under consumer law.
Indemnity
You agree to indemnify and hold harmless Mode & Opal Limited and its affiliates from any loss or claim arising from your breach of these Terms or violation of applicable law.
Severability
If any part of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.
Waiver and Entire Agreement
Failure to enforce any part of these Terms doesn’t waive our rights.
These Terms, together with our policies, form the entire agreement between you and Mode & Opal.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our written consent.
We may assign or transfer our rights or obligations at any time without notice.
Governing Law
These Terms are governed by the laws of New Zealand. Any disputes will be handled exclusively by the New Zealand courts.
Changes to These Terms
We may update these Terms from time to time. If changes are material, we’ll post the new version on our website and notify you if required.
Your continued use of our Services means you accept the updated Terms.
Contact Us
Questions about these Terms?
Email: hello@modeandopal.co.nz
Address: Mode & Opal Limited, 2A Moreland Avenue, Pukete, 3200
Company Number / NZBN: 9429053042859
