Terms of service

Overview

Welcome to YamaLava. YamaLava is a trading name of YamaLava Living Limited, a company registered in New Zealand under NZBN 9429053469366. The terms “we”, “us” and “our” refer to YamaLava Living Limited, trading as YamaLava.

YamaLava operates this website and online store, including the information, content, products, features and services made available through it (the “Services”). Our store is hosted by Shopify, which provides the ecommerce platform that enables us to offer our products to you.

By visiting our website, placing an order or otherwise using the Services, you agree to these Terms of Service, together with our Privacy Policy, Return and Refund Policy and Shipping Policy.

If you do not agree with these Terms, you should not use the Services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the New Zealand Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand law.

1. Eligibility and account information

By using the Services, you confirm that you are at least the age of majority in your place of residence or that you have the permission of a parent or legal guardian.

When placing an order or creating an account, you agree to provide information that is accurate, current and complete. You are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account.

You must notify us promptly if you believe your account has been accessed or used without your permission.

2. Products and product information

We take reasonable care to ensure that product descriptions, specifications, measurements, colours, photographs and prices displayed on our website are accurate.

Actual colours and appearance may vary slightly depending on your device, screen settings, lighting and natural variations in materials. These minor variations do not affect your rights where a product is faulty, materially different from its description or otherwise fails to meet a guarantee required under New Zealand consumer law.

Product availability is subject to change. We may discontinue a product or limit the quantity available for purchase where reasonably necessary.

3. Orders

Submitting an order constitutes an offer to purchase products from YamaLava.

Your order is accepted when we confirm the order and successfully process your payment. An automated order confirmation does not prevent us from contacting you if there is a genuine pricing, payment, availability or order-processing error.

We reserve the right to decline or cancel an order where:

  • payment cannot be authorised;

  • an item is unavailable;

  • incorrect information has been provided;

  • we reasonably suspect fraud, unauthorised activity or commercial resale;

  • a material pricing or product information error has occurred; or

  • we cannot lawfully fulfil the order.

If we cancel an order after payment has been received, we will refund the affected amount to the original payment method.

Please review your order carefully before submitting it. If you need to request a change or cancellation, contact us promptly at sales@yamalava.com. We will try to assist, but changes or cancellations may not be possible after an order has been processed or dispatched.

Returns and exchanges are handled in accordance with our Return and Refund Policy:

https://yamalava.com/policies/refund-policy

4. Pre-orders

Products marked as “Pre-order” are not immediately available for dispatch.

Any estimated dispatch or delivery timeframe shown on the product page is an estimate based on the information available to us at the time of purchase. Manufacturing, international freight, customs processing and other events outside our reasonable control may affect this timeframe.

We will provide updates if we become aware of a material delay. If a pre-order is subject to a substantial delay, or if we are unable to supply the product, we will contact you and provide the available options. These may include continuing to wait, selecting an alternative product or receiving a refund for the affected item.

If your order contains both pre-order and in-stock products, the products may be dispatched together when all items are available unless we agree otherwise.

Nothing in this section limits your rights under applicable New Zealand consumer law, including the requirement that products be delivered within the agreed timeframe or, where no timeframe has been agreed, within a reasonable time.

5. Prices, GST and payment

Unless otherwise stated, all prices displayed on the YamaLava website are in New Zealand dollars and include Goods and Services Tax where applicable.

Shipping charges and any applicable discounts will be displayed before you complete checkout.

Prices, discounts and promotions may change without notice, but changes will not affect orders that we have already accepted, except where a genuine and material pricing error has occurred.

Promotional offers may be subject to additional terms, eligibility requirements, expiry dates and product exclusions. If specific promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.

You agree to provide accurate and complete billing and payment information and confirm that you are authorised to use the payment method submitted with your order.

6. Shipping and delivery

We currently deliver to eligible addresses in New Zealand as described in our Shipping Policy.

Shipping rates, free-shipping thresholds, processing times and estimated delivery timeframes are displayed on our website or during checkout.

Delivery timeframes are estimates unless we expressly agree to a specific delivery date. We are responsible for arranging delivery and will take reasonable steps to ensure that your order reaches the delivery address provided.

You are responsible for providing a complete and accurate delivery address. Additional costs resulting from an incorrect or incomplete address may be charged to you where permitted by law.

If tracking indicates that an order has been delivered but you have not received it, or if your parcel is materially delayed, please contact us promptly at sales@yamalava.com so we can investigate.

Further information is available in our Shipping Policy:

https://yamalava.com/policies/shipping-policy

7. Returns, exchanges and refunds

Returns, exchanges and refunds are governed by our Return and Refund Policy.

Our voluntary change-of-mind return and exchange conditions are separate from your legal rights. Nothing in our policies limits your rights where an item is faulty, damaged, does not match its description, is not fit for purpose or otherwise fails to comply with the New Zealand Consumer Guarantees Act 1993.

8. Gift cards and Final Sale products

Gift cards are non-refundable and cannot be exchanged for cash, except where required by law.

Products clearly marked as Final Sale cannot be returned or exchanged solely because you have changed your mind.

This does not affect your legal rights if a Final Sale product is faulty, damaged, incorrectly supplied, does not match its description or otherwise fails to meet a statutory guarantee.

9. Intellectual property

The content made available through the Services—including YamaLava branding, text, graphics, photographs, videos, page designs and other original material—is owned by YamaLava Living Limited or used with permission from the respective owners or licensors.

Product names, trademarks, photographs and other materials belonging to Shopify, Onsen or other third parties remain the property of their respective owners.

You may access and use the website for personal, non-commercial purposes. You must not reproduce, modify, distribute, republish, sell or commercially exploit website content without the prior permission of the relevant rights holder.

10. Reviews, feedback and submissions

If you submit a product review, photograph, comment or other feedback, you confirm that:

  • the content is your own or you have permission to submit it;

  • it is accurate and not misleading;

  • it does not violate another person’s intellectual property, privacy or other rights; and

  • it does not contain unlawful, abusive or malicious material.

You grant YamaLava Living Limited a non-exclusive, worldwide, royalty-free licence to display, reproduce and use that content for operating and promoting our business, subject to applicable privacy and consumer laws.

We may remove content that is unlawful, misleading, offensive, irrelevant or in breach of these Terms.

11. Third-party services and links

Our website may contain links to or integrations with third-party websites, payment providers, social media platforms and other services.

Those third parties operate under their own terms and privacy policies. We are not responsible for third-party content or services that are outside our reasonable control. You should review the relevant third-party terms before using those services.

12. Shopify

Our store is hosted by Shopify. Purchases made through the YamaLava store are transactions directly between you and YamaLava Living Limited.

Shopify provides the ecommerce platform but is not the seller of YamaLava products and is not responsible for fulfilling your order or resolving product-related enquiries.

13. Privacy

We collect and process personal information in accordance with our Privacy Policy:

https://yamalava.com/policies/privacy-policy

Because our store is hosted by Shopify, Shopify also processes certain personal information required to provide and improve its ecommerce services. Additional information about this processing is contained in our Privacy Policy and Shopify’s own privacy notices.

14. Acceptable use

You must not use the Services:

  • for an unlawful, fraudulent or malicious purpose;

  • to infringe intellectual property, privacy or other legal rights;

  • to transmit viruses, malware or harmful code;

  • to obtain unauthorised access to the website or another person’s account;

  • to send spam, phishing messages or other unauthorised solicitations;

  • to scrape, copy or systematically extract website content without permission; or

  • in a way that interferes with the operation, security or availability of the Services.

We may suspend or restrict access where we reasonably believe these Terms have been breached or the security of the Services is at risk.

15. Errors and corrections

Occasionally, our website may contain typographical errors, inaccurate information or omissions relating to product descriptions, pricing, availability, promotions, shipping charges or delivery timeframes.

We may correct genuine errors and update website information. If a material error affects an order you have already placed, we will contact you and explain the available options.

We will not use this provision to avoid an order merely because we later decide that the agreed price was commercially unfavourable.

16. Website availability

We aim to keep the Services accurate, secure and available, but we cannot guarantee that the website will always operate without interruption or technical error.

We may temporarily suspend or change parts of the Services for maintenance, security, operational or legal reasons.

This section relates to the operation of the website and does not exclude any guarantee or remedy that applies to products purchased from YamaLava.

17. Liability

To the maximum extent permitted by law, YamaLava Living Limited is not responsible for indirect or consequential losses arising from circumstances outside our reasonable control.

However, nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability or remedies arising under the New Zealand Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable consumer protection legislation.

18. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue in effect.

19. No waiver

If we do not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce it later.

20. Governing law

These Terms and any dispute arising from the Services or a purchase from YamaLava are governed by the laws of New Zealand.

You and YamaLava Living Limited submit to the non-exclusive jurisdiction of the courts and tribunals of New Zealand.

Nothing in this section limits any right you may have to bring a claim through the Disputes Tribunal or another forum available under applicable consumer law.

21. Changes to these Terms

We may update these Terms from time to time to reflect changes to our business, Services, policies or legal obligations.

The current version will be published on this page together with its effective or updated date. Changes will not retrospectively reduce rights that have already arisen under an accepted order.

22. Contact information

Questions about these Terms may be sent to:

YamaLava Living Limited
Trading as YamaLava
NZBN: 9429053469366
Email: sales@yamalava.com
Address: Unit 5, 40 Mark Edward Drive, Auckland 2012, New Zealand