PRIVACY, TERMS & CONDITIONS
General Customer Terms & Conditions
My Luxury Channel is a New Zealand-owned and operated online shopping platform (Platform). You can use our Platform to buy a wide range of products from third party retailers and suppliers (Merchants). We connect you to Merchants, who pay us a commission for each order you make on the Platform. While we operate the Platform, when you are buying products on it, you will be transacting directly with Merchants, and My Luxury Channel is not a party to these transactions.
To the extent that Merchants’ own terms and conditions are inconsistent with the terms and conditions in this Agreement, the terms and conditions in this Agreement will take precedence and apply.
2. The Platform
You must be a registered member to place orders on the Platform. To register as a member, you must be at least 18 years old and have a current New Zealand residential address. You will also need to provide us with personal information including your name, address, valid mobile phone number and email address. You are responsible for ensuring this information is up to date at all times. One account per user.
We may disable your registration at any time if we believe that you are not using My Luxury Channel in an appropriate or reasonable way.
2.2 Use of the Platform
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re-secure your account.
Other than connecting to My Luxury Channel through the Platform, you must not gain or attempt to gain access to My Luxury Channel’s servers. You agree not to disrupt, modify or interfere with the Platform and its associated software, hardware and data in any way.
We do not warrant that the Platform will be available at all times and without disruption. We may make changes to the content on the Platform at any time without notice.
The Platform has some links to third party websites. These sites have not been prepared by us and are not under our control. Any third party links are only provided as a convenience and we are not responsible for the content or availability of any of these links.
2.3 Placing orders on the Platform
Information about products on the Platform is based on material provided by Merchants. We cannot be held responsible for incorrect information supplied by Merchants and you agree to make your own enquiries to verify information and assess the suitability of products before placing an order. We also note that due to photographic and screen limitations, some actual products may differ to a small extent in visual appearance from the way they appear on the Platform. Any information contained on our Platform (and any of our associated websites, Apps or social media pages) constitutes an invitation to treat only and is not an offer by us to supply any products.
To order a product, add it to the shopping cart and proceed through the checkout process. You will be required to enter payment information, which, if successfully completed, will lead to a confirmation page (which you can use as a receipt of your order). Once you complete an order (including payment), it will be sent to the Merchant who will confirm whether your order has been accepted or rejected. If the Merchant rejects your order, you will be refunded in full.
Some products on the Platform carry an age restriction. If a product you have selected is age restricted, you will be required to confirm that you are an appropriate age to purchase the product. Confirming this means you represent to us and the Merchant that you are of an eligible age and that you are not purchasing the product on behalf of a person who is not the appropriate age. The Merchant may require you to confirm your age upon delivery of your products. Please Note:
Unless otherwise stated, reward programs or special discounts applicable to individual retailers do not apply to orders placed on My Luxury Channel.
2.4 Cancelling Orders
We reserve the right to cancel orders that we believe to be placed for commercial purposes or are fraudulent (including where we believe there may have been credit card or a payment related fraud). We may also cancel orders where there has been an error in the listing of the product (e.g. an incorrect price). If we cancel your order, you will be refunded in full.
My Luxury Channel has a “no regrets” policy which allows you to cancel your order (or part of your order) at any time for any reason before the Merchant has dispatched your order. Where you have cancelled your order (or part of your order) under our “no regrets” policy, you will receive a full refund of any payments you have made for that order (or part of that order). You will not be able to cancel your order under the “no regrets” policy once it has been dispatched by the Merchant.
My Luxury Channel has a “change of mind” policy, which allows you to return any products you have ordered within 30 days of receiving them and get a refund. Any products returned under our “change of mind” policy must be returned in their original condition and packaging (e.g. with any tags still attached). Our “change of mind” policy does not apply to hygiene products (such as underwear, swimwear and earrings), perishable products (such as alcohol), or products capable of copyright infringement (such as CDs, DVDs and gaming software).
2.5 Promotions and Offers
Promotional Coupon Terms and conditions
- Promotional coupons are applicable to all eligible products across My Luxury Channel
- Promotional coupons on My Luxury Channel are only applicable to new customers unless specified
- My Luxury Channel reserves the right to amend or cancel promotional coupons and to update the terms and conditions without notice.
- Promotional coupon discounts are applied when the the code is claimed or the relevant code is entered at checkout on My Luxury Channel
- Coupon discounts exclude cost of shipping (if relevant)
- Only one coupon may be used per transaction on My Luxury Channel
- Coupons may be used a maximum of one time per customer unless otherwise stated
- My Luxury Channel general website terms & conditions also apply
Where you have applied a conditional promotion to an order (e.g. free shipping or a % discount for spending above a certain amount), and the order (or part of the order) has been cancelled or refunded, the terms in this clause will apply.
You cancel the order: where you cancel your order (or part of your order) under the “no regrets” policy, conditional promotions will be automatically reversed if the remaining order value no longer qualifies for the relevant promotion.
The Merchant cancels the order: where the Merchant cancels your order (or part of your order) e.g. because the Merchant is unable to fulfil your order, conditional promotions will not be reversed (even if the remaining order value no longer qualifies for the relevant promotion).
You return the order: where you return your order (or part of your order), conditional promotions, but not any free shipping promotions, will be automatically reversed if the remaining order value no longer qualifies for the relevant promotion.
- Unless otherwise stated, reward programs or special discounts applicable to individual retailers do not apply to orders placed on My Luxury Channel
- Coupons can notbe added to an order retrospectively.
All prices listed on My Luxury Channel are in New Zealand dollars and are inclusive of GST. Please note that prices may be altered on the Platform at any time for any reason. Delivery charges may be listed separately.
- Where orders are delivered from merchants located outside New Zealand, they may be subject to duties or other charges. You will be responsible for paying such duty or other charges and acknowledge that delivery of orders may be delayed where payment of such duty or other charges is required, you may reject the notice to pay tax and duty, reject the order and will be refunded in full. Please note that prices may be altered on the Platform at any time for any reason. Delivery charges may be listed separately.
We currently accept the following credit cards: Visa and MasterCard.
3. Your Order
3.1 Transacting with the Merchant
As noted above, when you order products on the Platform, you are transacting directly with Merchants. To the extent permitted by law, My Luxury Channel makes no warranty or representation regarding the standard or description of any products to be supplied by the Merchants. Merchants are the 'supplier' of the products under the Consumer Guarantees Act 1993 and are responsible for all statutory guarantees and warranties (if any).
GST receipts will be provided by My Luxury Channel.com Ltd, who issue tax invoices to Buyers on The Merchant's behalf with My Luxury Channel acting as The Merchant's agent.
3.2 Delivery of your order
Delivery times are set by Merchants and therefore vary depending on which Merchant you are buying from. After placing your order, you will be able to track its progress by logging into the Platform which will either display the progress of your order, or provide a link to the relevant carrier’s site (on which you can check your order’s progress).
To ensure successful delivery, you must provide a delivery address where someone will be present during business hours. The Merchant will not be liable for late delivery where attempted delivery has occurred on or before the relevant delivery timeframe.
3.3 Returns and Refunds
All products sold on My Luxury Channel are likely to come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. If you believe that you have a claim under the Consumer Guarantees Act 1993, you may have the right to a replacement or a refund. Please see our Buyer Guarantee which outlines the process to follow if you believe you have the right to a replacement or refund, or if you think your goods have been damaged or lost during delivery.
As set out in the Buyer Guarantee, you must lodge any complaint you may have through our Platform. Once your complaint has been lodged, we will liaise with the relevant Merchant to resolve your complaint. My Luxury Channel attempts to resolve complaints as quickly as possible and relies on you to promptly provide all the information needed to resolve your complaint.
If free shipping has applied to you order, and you return the item due to change of mind, the original shipping amount, at the merchants discretion, may be deducted from the return refund.
3.4 Consumer Rights / Liability
Our Buyer Guarantee sets out our standard process for handling certain claims under the Consumer Guarantees Act 1993, however, nothing under clause 3 (or our Buyer Guarantee) is intended to have the effect of restricting or modifying your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other obligations that cannot be restricted or modified by law.
4. General Terms
4.2 Intellectual Property
You acknowledge that we are the sole owner or licensee of all intellectual property rights in the Platform and all products listed on it. We hold copyright in all content and elements of our website. You must not copy, alter or reproduce any product, our content or logo, or the Platform (or any part of it), nor permit any person to do so without our prior written consent.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display, and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Platform and developing your ideas and suggestions for improved products we provide.
Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (e.g. the Consumer Guarantees Act 1993). Subject to the previous sentence, My Luxury Channel does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any Merchant’s advice, opinion, information, representation or omission whether negligent or otherwise, on the Platform or your use of the Platform. You are solely responsible for the actions you take in reliance on the Merchant’s content on, or accessed through, the Platform.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your breach of this Agreement.
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
The Platform and any use of it is governed by, and is to be interpreted in accordance with, the laws of New Zealand and you and we submit to the exclusive jurisdiction of the courts of New Zealand. My Luxury Channel is a trading name of Stand Brand Management Limited, a New Zealand company (company number 1643326). The name that will appear on your payment account will be My Luxury Channel.
My Luxury Channel is not party to the sale of any alcohol on the platform and is an agent acting for the seller. The contract for sale is between the merchant and the customer Customers must be over 18 to purchase age restricted products including alcohol. Purchases of alcohol must be signed for by someone over 18 on delivery. My Luxury Channel coupons are not eligible for purchases containing alcohol.
4.6 Fair Use Policy
All products offered for sale on My Luxury Channel, including those on sale, promotion or with any discounts on retail prices, are offered under our Fair Use Policy to registered users of My Luxury Channel, for the purchase of goods for personal use only. We reserve the right to refuse or cancel any orders that we believe, soley by our own judgement, to be placed for commercial purposes e.g. purchases perceived to be intended for wholesale, or resale. Items on sale or promotion may be limited to one per customer. Discount limits per customer and maximum savings per customer will be monitored for any suspected abuse of policy. My Luxury Channel reserves the right to cancel any orders deemed to be in conflict with these policies. If we cancel your order, you will be refunded in full and the funds returned to the purchasing account. Persistent abuse may result in suspension or termination of user account.
In this policy we refer to My Luxury Channel as “we”, “us”, “our” or “Group”.
By entering any of our stores, using our website, mobile site, apps, store Wi-Fi or services, participating in our database or promotions or interacting with our Customer Engagement Centre, you acknowledge that your personal information will be treated as described in this policy.
This policy explains the following:
- Personal information
- Types of personal information we collect
- Collection of personal information
- If we are not able to collect personal information
- Use of personal information
- Use of personal information for marketing
- Disclosure of personal information
- Disclosure of personal information outside of New Zealand
- Protection of personal information
- Right to access or correct your personal information
- Complaints about a breach of privacy
- PERSONAL INFORMATION
In this policy, “personal information” means the same as it does in the Privacy Act 1993 (“Privacy Act”). In general terms, this includes any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, address, contact details (including phone numbers and email addresses) images of you, your biometric data and financial information, including your payment information. If the information we collect personally identifies you, or you are reasonably identifiable from it, then the information is considered personal information.
- TYPES OF PERSONAL INFORMATION WE COLLECT
We may collect the following types of personal information:
- Image, sound and biometric data, such as height
- Mailing or street address
- Email address
- Telephone number
- Age or birth date
- Profession, occupation or job title
- Personal information that is available through social media
- Details of the products and services you have purchased from us (including payment information) or which you have enquired about or showed interest in, together with any additional information necessary to deliver those products and services and to respond to your enquiries
- Any additional personal information that you provide to us directly or indirectly through our websites, apps or in-store or through our representatives, through use of our services or otherwise; and
- Information you provide to us through our customer contact centre or customer surveys, or that is publicly available
- COLLECTION OF PERSONAL INFORMATION
We do this in a variety of ways, including when you:
- Purchase products or services from us
- Access and use our websites, apps and communications, including registration details and information relating to your use of the website and the services, such as the content you access (for example, the products you have viewed, or the search queries you input)
- Interact with us through live chat on our websites
- Enter our stores (for example, through video recordings)
- Access and use our Wi-Fi in-store
- Interact with us through any of our loyalty programmes
- Call, email or interact with our Customer Service Representatives, whether in store or at our Contact Centres, for example, when you return goods to us or when you collect goods under our click and collect service
- Complete an application for a product or service
- Enter promotions that we run or facilitate
- Interact with us on social media
You agree that we may also collect personal information from third parties, including:
- Third party companies such as credit reporting agencies, other retailers (for the purpose of preventing criminal behaviour), law enforcement agencies, and other government entities
- Mailing lists
- Contractors and business partners
- Suppliers or manufacturers
- Other businesses within My Luxury Channel.
- IF WE ARE NOT ABLE TO COLLECT PERSONAL INFORMATION
If you choose not to provide us with the personal information described within this policy, then:
- We may not be able to provide you with the product or services you have requested, either to the same standard or at all
- We may not be able to provide you with information about products or services that you may want, including information about discounts, sales or special promotions
- We may not be able to tailor our content, website and communications for your preferences
- USE OF PERSONAL INFORMATION
The primary purpose for which we collect information about you is to enable us to perform our business activities and to provide the best possible customer service.
We collect, hold, use and disclose your personal information for the following purposes:
- To provide products and services to you
- To provide you with information or advice about existing and new products and services
- To manage product or service warranties or guarantees, including product or safety recalls
- To communicate with you and process your requests
- To manage and enhance our products and services
- To personalise and customise your experience with us and the other members of My Luxury Channel
- To provide you with access to secure areas of our websites, apps or notices about updates to the functionality of our websites
- To conduct competitions or promotions, either ourselves or on behalf of selected third parties
- To verify your identity
- To provide to third parties if you have authorised us to do so
- To conduct analysis across our Group businesses
- To conduct business processing functions for operation of our websites or our business, for our administrative, marketing, promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers
- To investigate if we have reason to suspect a breach of any of our terms and conditions or any suspected unlawful activity
- To help prevent unlawful activity
- To link previous actions that you have taken on our websites or in our stores with historic data that we have collected but have not been able to identify as yours. For example, tokenised payment card data and device identification data
- As required or permitted by any law (including the Privacy Act)
Your personal information will be collected by My Luxury Channel business to which it was provided. Your personal information will be held at 45 Orakei road, Remuera Auckland. It may also be held for us in the data centres, platforms and systems of our third-party service providers, some of which may be located outside of New Zealand.
Your personal information will not be shared, sold, rented or disclosed other than as described within this policy or as permitted by the Privacy Act.
- To recognise your computer or device and greet you each time you visit our websites, without bothering you with a request to register or log-in
- To keep track of products or services you view, so that we can send you, directly or through third parties, news about those products or services or other similar or related products or services from across the Group that we think you may be interested in
- To measure traffic patterns, to determine which areas of our websites have been visited, and to measure transaction patterns in the aggregate
- To research our users’ habits so that we can improve our products and services
- To operate our websites efficiently with a high level of functionality
- To measure the effectiveness of our marketing initiatives
- To learn about your preferences so that we can present you with web content and advertising that is relevant to you
- To measure the number of advertising referrals we have received to our websites from other websites
- To produce data on web traffic and customer web activity through our website or apps
- USE OF PERSONAL INFORMATION FOR MARKETING
We use personal information to provide you with information or advice about our existing and new products and services or those of other My Luxury Channel businesses. We also use it to conduct promotions on our own behalf and on behalf of selected third parties.
If at any stage, you no longer wish to receive these marketing communications you may unsubscribe by using the link in any promotional email, logging into your account and changing your preferences or contacting us at:
My Luxury Channel
We will not collect usage data or target advertisements based on the following market categories:
- Political opinions
- Membership of a political association
- Religious beliefs or affiliations
- Philosophical beliefs
- Membership of a trade union
- Sexual preferences or practice
- Criminal record
- Health information
We will not create categories designed to target children under the age of 18 years (however, this does not prevent us from marketing children's products to a general audience).
Third party advertisers may purchase advertising products from us that enable them to target particular types of users of our network, for advertisements served both on our network and also on third party websites.
We will not provide any personal information to an advertiser or any other third party without your express consent or in accordance with this policy.
If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us at email@example.com.
If you are using one of our mobile applications and you have notifications turned on, you are agreeing to accept notifications from us even when the mobile application is not running. Your notification preferences can be configured in the application's settings.
- DISCLOSURE OF PERSONAL INFORMATION
We may disclose your personal information:
- To our employees,
- For the operation of our websites or our business
- For the specific purpose of fulfilling requests by you
- To provide products and services to you
- Where we are permitted to under the Privacy Act
- As otherwise detailed in this policy
Where we engage third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfil those services and only to the extent required to fulfil those services. Examples of such third party providers may include, but not limited to:
- Service providers such as web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, photographic analysers, data entry service providers, electronic network administrators, debt collectors, and professional advisers such as accountants, solicitors, business advisors and consultants
- Software providers such as customer relationship management and accounting software
- Existing or potential suppliers, business partners or joint venture entities or partners
- Sponsors, or promoters of any competition that we conduct or promote
- Specific third parties authorised by you to receive information held by us
We may disclose your personal information to manufacturers or suppliers of products or services for product warranty or guarantee fulfilment purposes, to facilitate repair of a product or where the manufacturer or supplier has advised that they need to contact you for any issues related to the quality or safety of the product or service you have purchased.
We require any third party to protect your information against unauthorised use or disclosure.
In addition to the above, we release personal information only when it is permitted under the Privacy Act or required by law for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities, and/or to your Internet Service Provider or network administrator); to facilitate court proceedings; enforce or apply our terms and conditions; or protect our or your rights, property, or safety and the rights, property and safety of our users, or others, and where we reasonably believe that disclosure is necessary. Government agencies with statutory roles enabling them to request data from us include the Police, Inland Revenue and the Ministry of Business, Innovation and Employment.
- DISCLOSURE OF PERSONAL INFORMATION OUTSIDE OF NEW ZEALAND
We may disclose personal information to external service providers or entities located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
- PROTECTION OF PERSONAL INFORMATION
We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access or modification. If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
- RIGHT TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION
You may request access to any personal information we hold about you at any time by contacting us at firstname.lastname@example.org
Your request will be processed in accordance with the Privacy Act.
If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, in most circumstances we will give you written reasons for any refusal.
We may charge a reasonable fee for making your personal information available to you or providing you with copies of it.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may ask us to amend it. We will consider if the information requires amendment and will not charge for making any amendments. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. Registered users of our websites can access and update their user details online. We request that you keep your information as current as possible so that we may continue to improve our service to you.
- COMPLAINTS ABOUT A BREACH OF PRIVACY
If you believe that we have breached this policy or the Privacy Act or you have any questions or concerns about this policy, please contact us using the contact information below and provide details of the incident so that we can investigate it.
We have a formal procedure for investigating and dealing with complaints. Once the Privacy Officer receives a complaint the Privacy Officer will commence an investigation with the relevant business unit. The investigator will endeavour to determine the nature of any breach and how it occurred.
We may contact you during the process to seek further clarification if necessary. If a breach is found, the Privacy Officer will escalate the matter to management so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.
We will treat your requests or complaints confidentially.
You can contact our team by email at email@example.com or by post at: Privacy Officer, My Luxury Channel, 45 Orakei road, Remuera Auckland