These terms and conditions shall apply to all transactions for tents and related accessories supplied by Lotus Belle NZ Limited (“Lotus Belle.”) These statements apply in addition to other material provided on the website. Please read them carefully before placing your order and print a copy for future reference. By placing an order with us or agreeing to delivery of one of our products, you are agreeing to accept these Terms and Conditions. Your order is considered accepted once the product is dispatched.
In these terms and conditions "you", "your", "yours" and "yourself" are references to any person ordering goods from Lotus Belle , and “the company”, "we", "our" and "ours" are references to Lotus Belle.
1. HOW TO BUY
You can buy online by direct crediting to our account at ASB Bank as shown on the website, or through our PayPal payment gateway which includes payment by major credit cards as well as by PayPal itself. (See the 'How to Order' section on the website.) Our payment facilities are secure.
All goods advertised for sale are subject to availability. Our website will normally ensure that the “out of stock” sign goes up as soon as we sell out of individual products. In the rare event that we are unable to supply the goods shown as available on the website, perhaps due to an error in the warehouse stock count, we will contact you as soon as possible. Where for any reason, products ordered are not available, we may propose to provide you with similar products of similar quality and price. The choice is yours. If you do not wish to accept a substitute product, we will return any funds paid as soon as possible. If for any other reason we cannot accept your order, we will refund your payment as soon as possible.
Occasionally product specifications from the manufacturer may change in a very minor way without prior notice. However, any significant changes will be notified on this website.
All colours, sizes, weights and measurements shown on the website are approximate but every effort is made to ensure that they are as close as possible to what is shown.
Fading will occur, particularly in coloured models of tents due to the high UV penetration in New Zealand and Australia. You can expect fading of 3 times the new shade in the red tent models. Our tents have been protected against UV but it also helps to apply a product like Nixwax Solarproof regularly for further protection.
We like to accommodate everyone and understand things can happen, but cancellations affect our business too. Therefore cancellation of pre- orders will be charged at 10% of the value of the order.
All prices are shown in New Zealand Dollars (NZ$). Prices may be changed from time to time without notice but all orders (including deposits) will be fulfilled at the price listed at the time the order is placed. Freight charges are extra. (See “Shipping” section.)
If you wish to order 3 or more products, please contact us as there may be a discount available for multiple purchases, at Lotus Belle’s discretion and subject to availability.
a. Unless otherwise stated, shipping costs by road from our warehouse in Auckland will be charged in addition to the price of the products. Shipping costs will vary according to the delivery address, weight. and size of the products ordered, and the method of shipping preferred by the buyer. (We use standard delivery unless you ask for an urgent delivery for which there may be an extra charge.) Our carriers will generally be well known companies selected for cost and service quality. Their charges are passed directly on to our customers.
b. Orders will normally be dispatched within 2 business days of being received. We will send you by email the estimated time of arrival (ETA) and tracking details from the carrier as soon as products are dispatched, but we cannot guarantee ETA or tracking details as the accuracy of these is in the hands of the carrier. Sometimes shipments are briefly delayed in transit despite best endeavours by all parties.
c. We also ship to some nearby overseas countries, including the Pacific Islands. Just contact us for a quote. Orders for delivery in New Zealand should be placed on the NZ website (www.lotusbelle.co.nz). Please contact us regarding delivery to offshore addresses. For orders from Australia, please go to the Lotus Belle Australia website (www.lotusbelle.com.au) and place your order. Orders from Australia are sourced from our Sydney warehouse. If we do not have a distributor in a nearby destination country, we can arrange freight but separate arrangements may need to be made by you for clearing the shipment through Customs in that country or you agree to meet those costs. Lotus Belle will not normally be responsible for import duties or other charges in the overseas country.
For further shipping information please see our ‘Shipping’ page.
d. Your tent may arrive in a nylon transit bag – this bag serves only as packaging and is not a part of your purchase. It is possible that these will be soiled or even damaged in transit, we do not replace or repair this outer packaging. The canvas bag inside your larger transit bag is your tent bag. The nylon bag is just for postage purposes.
7. DAMAGE IN TRANSIT: If you take delivery of a Lotus Belle package and the contents have been damaged in transit, you should notify Lotus Belle immediately by email (email@example.com) with a photo of the damage. If the damage is substantial, we will issue a full refund, including the normal cost of return shipment, once the package is returned to us for inspection. Alternatively we can pay for repairs if the damage is minor and we agree to handle it that way. As noted above, our tents may be shipped in nylon transit bags and these bags may suffer soiling or minor damage in transit but if this happens we do not replace or repair the nylon bag.
8. WARRANTY for DEFECTS.
a. Lotus Belle offers a limited warranty for all components of our tents or related products as described below which are found to be faulty for up to one year from the date that you receive the products.
b. All components of the tent or related product are covered by this warranty against defects. Please provide us with online photos of the problem. If we agree to replace or repair the problem components, we will supply replacement components as soon as we are able to do so. (We may need to source these from an overseas manufacturer.) We will pay reasonable charges for the repair or installing the replacement part if that is required to fix the problem. If the problem is very serious we may arrange to have a replacement product issued, at our discretion. We may require faulty goods to be returned to us for inspection, at our cost.
c. The warranty does not cover damage done by inappropriate or unlawful use of the product as described in Section 11 (“Responsible Use of Lotus Belle Tents and Related Products”) and Section 12 (“ If our Products are used by Members of the Public”) set out below. The warranty will not apply if the product has been altered or modified in a way which might affect the performance of original components.
This limited warranty is provided by Lotus Belle NZ Limited of 3 Dingle Road, St Heliers, Auckland , New Zealand 1071. Lotus Belle NZ Limited is a New Zealand registered company. In the event of any need to contact us about this warranty, please email us at firstname.lastname@example.org or call us on 021 341 978 or 021 780 334. For the purposes of New Zealand consumer protection legislation, Lotus Belle is a “company in trade” and is required to comply with the Consumer Guarantees Act and any other relevant legislation.
9. RETURNS and REFUNDS POLICY:
All sales are final. Unless there is a serious defect in the product or significant damage in transit we do not offer Returns and Refunds. (Refer sections 6.d and 7 above for our policies on Damage in Transit and Warranty for Defects.) We hope you will appreciate that our tents are large, heavy products not amenable to returns and we don’t do that unless there is very good reason to do so or required by law. Please note that the consumer protection legislation does not give you a right to return the product for a refund simply because you change your mind about wanting to buy the product. If after the product is dispatched, you decide that you do not want it , then it is your responsibility to find a buyer or another recipient for the product.
If for any reason we owe you a refund, we will notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within approximately 3 weeks of receiving our email, or if products are to be returned to us, within 3 weeks of us receiving the returned product. (We will always try and make refunds sooner.)
10. REFUND OF DEPOSITS DUE TO DELAYS.
A full refund of a deposit will only be made if Lotus Belle is not able to deliver an item within of the timescale quoted at the time of the order. No full deposit refunds will be offered under any other circumstances. If a factory shipment to our warehouse is delayed, we may ask you to accept a later delivery from us, but that is your choice. If you do not agree to a later delivery, we will refund your deposit in full.
11. RESPONSIBLE USE OF LOTUS BELLE TENTS and RELATED PRODUCTS
a. Because we have no control over how our tents and other products are used, we cannot be held responsible for injuries to users or damages to the tents in use such as caused by adverse weather (including high winds and flooding) or by unwanted animals, wildlife or other pests entering a tent or by acts of God. Users need to exercise care in selecting a camp site and in how the product is used given the nature of these products, for example to avoid tripping on tent guy ropes.
b. In relation to weather damage, Lotus Belle cannot be held responsible for injury to users or damage to our tents or their contents if tents are left up in inappropriate weather conditions such as high winds or if used in low lying areas subject to potential flooding, or due other natural or man-made hazards such as fires or by falling trees or power lines. Please heed weather warnings. Lotus Belle tents are made from quality materials and our experience is that a properly erected Lotus Belle tent can withstand a range of weather conditions. However, we cannot offer guidance on that because it depends on factors such as how well our instructions were followed in erecting the tent, how well the tent pegs were hammered into the ground, how soft the ground was and how sheltered the site was at the time.
c. Lotus Belle is not responsible for mould (or mold) and will not take returns or offer refunds. Mould is an environmental issue and not a manufacturing issue. It is up to the owner to prevent and treat mould if it occurs.
12. STOVES AND COOKING
If appliances such as stoves, other cooking or heating devices or other appliances are operated within the tents, that is completely at the user’s own risk. Lotus Belle cannot be held liable or responsible for any injury or damage caused by the operating of any fuel or electrical appliances within the tent or nearby. Please exercise care and if in doubt contact your local regulator for applicable fire rules and safety recommendations.
13. IF OUR PRODUCTS ARE USED BY MEMBERS OF THE PUBLIC
If our products are used for hire to the public, for other commercial purposes, for hospitality or for any other purpose by a person who was not the buyer of the products and you find a fault which causes you to issue refunds to your own customers, or paying damages to other people due to injury or any other reason, Lotus Belle will not be responsible for reimbursing those losses. Likewise, should you experience damage to reputation or loss of business through product fault or any other reason, Lotus Belle shall not be held responsible for any costs incurred or profits lost. In certain circumstances, entirely at our discretion, we may offer to replace products or make a refund – the maximum amount refunded will not exceed the price paid by you. Lotus Belle shall not accept responsibility for injuries caused through improper use of our products – it is your responsibility to pitch the tent correctly, check parts regularly, and check weather reports for the event you are attending. If our products are to be used by members of the public, you should have your own public liability insurance to cover all eventualities.
14. PRIVACY AND USE OF CUSTOMER INFORMATION
We will take all normal precautions to protect the privacy of any customer information we have. We will not supply any of your information to any other person for any purpose unless we have your express permission. We do not sell customer information or give it to other people but a small number of our customers have agreed to allow their tents to be used for demonstration purposes, entirely at their discretion.
15. NATURE OF OUR AGREEMENT.
These terms and conditions shall constitute the entire agreement between the parties except as otherwise required by New Zealand law. No variation of these terms and conditions shall be valid unless it is in writing and signed by the parties concerned.
16. CHANGES TO TERMS AND CONDITIONS.
We may change these terms and conditions from time to time without notice. Any changes will apply only to products supplied after the change to our terms and conditions.