Website Terms and Conditions of Use
Website Terms and Conditions of Use
Please ensure that you (referred to as the "User", "you" or "your") read these TERMS AND CONDITIONS OF USE with care as they govern your use of and access to the ARI Auckland World Wide Web Site at www.theloopdutyfree.co.nz or www.theloop.co.nz (the "Site"). If you do not accept these TERMS AND CONDITIONS OF USE, please do not use this Site.
1. SITE OWNERSHIP
This Site is owned and operated by ARI Auckland Limited (referred to as "ARIA", "we", "us" or "our"), which expression also includes our subsidiaries or associated companies together with, where the context requires, our third party suppliers and any other party involved with the provision or maintenance of this Site. ARI Auckland Limited is a company registered in New Zealand number 5596826, whose registered office is at Quad 5, 4 Leonard Isitt Drive, Auckland, New Zealand.
2. SITE OPERATION
This Site is controlled and operated by ARIA from our office in Auckland, New Zealand. The content appearing on the pages of this site (referred to as "information" or "materials") is provided in accordance with and subject to the laws of New Zealand. The businesses conducted by ARIA comply with the laws of New Zealand and the businesses conducted by our associated companies, which operate in various countries throughout the world comply with the laws of the particular jurisdictions in which they operate. If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located then this Site is not intended for your use and we ask that you do not use this Site. You are responsible for compliance with the laws of the jurisdiction in which you are located. ARIA and its affiliates and associated companies reserve the right to suspend or terminate your access and use of this Site at any time, which rights it may exercise with or without notice. If given, notice will be sent to your e-mail address as notified to ARIA and will be deemed served two (2) hours after transmission by us.
3. SITE INFORMATIONAND UPDATES
This Site, the information provided on the pages of this Site and these TERMS AND CONDITIONS OF USE are subject to change and updates by ARIA from time to time without notification. You should periodically review the current TERMS AND CONDITIONS OF USE, as the updated version will apply to all of your subsequent uses of this site.
THOUGH ARIA HAS TAKEN ALL REASONABLE STEPS TO ENSURE THE ACCURACY, CURRENCY, AVAILABILITY, SECURITY, CORRECTNESS AND COMPLETENESS OF THE INFORMATION CONTAINED ON THIS SITE, THE INFORMATION IS PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARIA DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF EVERY KIND (EXCEPTING DUTIES OF GOOD FAITH), WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, QUITE ENJOYMENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ARIA SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING AS A RESULT OF YOUR USE OF OR RELIANCE ON THIS INFORMATION, WHETHER AUTHORISED OR NOT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ARIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. ARIA’S LIABILITY IN RESPECT OF DIRECT LOSS OR DAMAGE, HOWSOEVER ARISING, AS A RESULT OF YOUR USE OF OR RELIANCE ON THIS INFORMATION, WHETHER AUTHORISED OR NOT, SHALL BE LIMITED TO THE CORRECTION OR REPLACEMENT OF THE INFORMATION. IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM RESULTING FROM SUCH DOWNLOAD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DEATH OR PERSONAL INJURY, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE STATUTORY RIGHTS OF USERS DEALING WITH ARIA, AS CONSUMERS SHALL REMAIN UNAFFECTED BY THESE TERMS AND CONDITIONS OF USE.
5. LINKS TO OTHER SITES
Certain links on this Site lead to World Wide Web sites maintained by ARIA’s associated companies, affiliates and third parties. These links are provided as a convenience to you. We have not reviewed all of the information on such sites and are not responsible for the availability or content of any other sites (or sites linked to such sites) or any products or services that may be offered through any other sites. Third party sites may contain information with which ARIA does or does not agree and links to such sites should not be taken as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. You may not frame or link to this Site without the prior written approval of ARIA.
6. ELECTRONIC MAIL, SECURITY AND PRIVACY
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. ARIA will not be responsible for any error or inaccuracy in advertising materials.
8. COPYRIGHT NOTICE AND LICENCE
The information contained in this Site, including but not limited to the content, selection and layout of text, images, graphics, animation, videos, music, sounds and other materials, are the property of ARIA or its licensors and are protected by national and international copyright, trademark and other laws. You may browse through this Site and print or download copies of materials to a single computer for non-commercial use within your home environment, provided any copies, whether mechanical or electronic, retain all copyright and other proprietary notices and disclaimers. No permission is granted to make any changes to the information on this Site and all rights not expressly granted by us in these TERMS AND CONDITIONS OF USE are reserved. The limited license to copy materials on this Site set out above does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy, electronic, or any other form. In particular, but without limitation, no materials on this Site may be copied or distributed for any commercial purposes. No materials on this Site may be reproduced or transmitted on or to, or stored in, any other web site or other form of electronic retrieval system.
9. TRADEMARK NOTICE
All product names, model names, slogans, logos and emblems, referred to in this Site, whether or not appearing in large print or with the TM or trademark symbol, (the "Marks") are trademarks, service marks, or trade names of ARIA, its associated and affiliated companies, its licensors or joint venture partners, as appropriate. All rights in the Marks are reserved and no license or right to use is granted to Users. In addition, the use or misuse of Marks is expressly prohibited.
10. GOVERNING LAW
This Site has been designed to comply with the laws of New Zealand. Use of this Site is subject to the laws of New Zealand which shall exclusively govern the interpretation, application, and effect of these TERMS AND CONDITIONS OF USE. The courts of New Zealand shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with this Site and its use. If any provision of these TERMS AND CONDITIONS OF USE shall be held unlawful, void or unenforceable for any reason then such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
11. ENTIRE AGREEMENT
© 2015 ARI Auckland Limited, All rights reserved. Last Updated 01 June, 2015
Terms and Conditions for Online Shopping
1. Acceptance of these Terms and Conditions for Online Shopping (also known as theloopdutyfree.co.nz or theloop.co.nz)
1.1 The www.theloopdutyfree.co.nz and www.theloop.co.nz website (the "Site") is owned and operated by ARI Auckland Limited (referred to as "The Loop", "we", "us" or "our"), which expression also includes our subsidiaries or associated companies together with, where the context requires, our third party suppliers and any other party involved with the provision or maintenance of this Site and/or the Service (defined below). ARI Auckland Limited is a company registered in Ireland under number 5596826, whose registered office is at Quad 5, 4 Leonard Isitt Drive, Auckland, New Zealand.
1.2 We want our legal relationship with you in relation to your use of this Site to be fair and clear. We have therefore set out how the different parts of that relationship will work in three documents and which are available on this Site. These are:
(a) Our Terms and Conditions for the Use of the Site, which cover the general use and operation of this Site
(c) Our Terms and Conditions for Online Shopping (the "Terms & Conditions"), which govern the terms and conditions on which products can be ordered through the Site for collection at Auckland International Airport .
1.3 You should read each of these documents carefully as together they form the basis of our legal relationship with you and they affect your legal rights and liabilities.
1.4 We reserve the right to change any of these documents at any time, without notice. Any changes will take effect when posted on this Site.
1.5 The Online Shopping Service (the "Service") is operated by ARI Auckland Limited at Auckland International Airport. If you order a product through the Service, these Terms & Conditions for Online Shopping will apply to your order. By using this Site and/or the Service, you agree to be bound by these Terms & Conditions for Online Shopping.
1.6 Additional terms and conditions or policies may also be relevant to our legal relationship with you. These may include, for example, any terms and conditions that apply to specific promotions or competitions. You will be directed to any additional terms and conditions or policies as appropriate.
1.7 We may at any time suspend or restrict the operation of this Site and/ or the Service without notice or without giving any reasons.
1.8 If you have any questions about the Site or the Service, please refer to our FAQ section or if your query is not answered, please contact The Loop Customer Service at Customerservice@theloopdutyfree.co.nz
2. Opening Hours and Times for Collection
2.1 We aim to make the Site and the Service available to you 24 hours a day, 7 days a week. However, your access to the Site and/ or the Service may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance, repairs or for any other reason. In the case of any down-time, we will attempt to restore the Site and/ or the Service as soon as we reasonably can.
2.2 You can collect your order at the The Loop Duty Free Shop Collection Point in the shopping area in the airport shop that you have selected. The Loop Duty Free shop is open 24hrs.
2.3 We will use our reasonable endeavors to maintain the opening hours specified in this section at all times. However, occasionally opening hours may be affected by factors beyond our control and cannot be guaranteed. Where possible, we will inform you in advance if we become aware of any delay or change in opening hours. In the event that we fail to meet the specified opening hours and you are unable to collect your product(s), you will be entitled to a full refund.
3. Online Shopping Window
3.1 The Online Shopping Window shall be the period commencing 90 calendar days prior to the date and time of your departure from Auckland Airport up to 12 hours prior to the relevant departure time.
4. Accuracy of Content
4.1 the prices quoted on the Site are subject to change from time to time. The current price for any product shown on the Site represents the price it is intended you will be charged. Any variation to the price shown must have been made available to you, and accepted by you, before your order is accepted by us.
4.2 We have taken reasonable precautions to try to ensure that prices quoted on this Site are correct and that all products have been fairly described. However, when ordering products through this Site, please note:
(a) that orders will only be accepted if there are no material errors in the description of the products or their prices as advertised on this Site;
(b) packaging may vary from that shown on the Site and the weight, dimensions and capacities shown on the Site are approximate only; and
(c) whilst we try to display the colours of our products accurately on the Site, the actual colours you see may be affected by your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product you collect.
4.3 We will try to ensure that the prices and all other information on the Site are accurate but we exclude our liability, to the fullest extent permitted by law, for any errors.
4.4 All the products displayed on the Site are subject to availability and order quotas that may apply. We do not guarantee that all products shown on the Site are in stock and are available to order but we will use our reasonable endeavors to meet your requirements.
4.5 If you have not made an order online or if we have not received payment in full from you for any reason, we are under no obligation on your arrival at the Loop Duty Free collection point to honor any online price or promotion that differs from the in-store price.
5. Minimum Requirements for Use
5.1 To order and pay online you must be over eighteen, acting as a consumer and not in any business capacity, place the order during the Online Shopping Window, and depart from or arrive at Auckland International Airport. Our products are supplied for personal use only.
5.2 You must ensure that the flight and personal details you provide are correct and complete.
5.3 Duty free allowances and requirements apply to the country that you are entering, not departing from. You should ensure that your order complies with the Customs allowances and requirements of any country you intend to enter with products ordered through the Service.
5.4 Where a person attempts to place an order otherwise than in compliance with this Clause 5 and these Terms & Conditions for Online Shopping, the order will be deemed void.
5.5 ARI AUCKLAND LIMITED ACCEPTS NO LIABILITY WHATSOEVER FOR ANY FAILURE BY YOU TO COMPLY WITH THESE RESTRICTIONS ON USE.
6. Place Your Order Online
6.1 Browse brands and products online shown on our Site
(a) Select items - Availability of stock: Products that are available for purchase will have an "Add to Basket" button. For products that are labelled "Add to Basket", simply click the "Add to Basket" button on the product information page. If a product is not available to shop online, the "Add to Basket" button will not appear.
(b) Select items - Shopping basket page: After making your product selections, and the quantity of each which you require, you will be able to review and amend your order before proceeding through the checkout pages.
(c) Provide details page: We will then ask you for details of the flight, including flight number, oollection date, collection time, and flight destination, and details of the person who will be collecting the order. These details must correspond with the boarding card details. You will also be required to provide your email and phone contact details so we can contact you if we need to discuss your order. You will then be asked to confirm that you have read and accepted the terms and conditions by ticking the box.You will only be able to proceed to process your order if this box is ticked.
(d) Order Summary Page: Finally, we will ask you to check the details of the products you are ordering, along with all other details provided by you. Please complete the details of the credit/debit card you wish to use to make your payment, Clicking "Proceed to Checkout" will generate and transmit your order and display a page confirming the details set out below in Clause 6.2. You will not be able to amend your order after pressing the "Confirm Order" button, so please check all details are correct before placing your order.
6.2 We will notify you by email as soon as possible to confirm that we have received your order. Your order confirmation email will include the following details:
(a) Your order reference;
(b) Passenger details
(c) Your order details - product, quantity, price;
(d) Your flight information- including flight number, destination country, collection date, collection time and contact number
(e) Collection and Pick Up information
(f) Your personal information, including name, contact number and email address.
6.3 When necessary to contact you, we will use the email address provided by you at the time of your placing of the order. Please ensure that you advise us of any changes to your contact details.
6.4 The total amount due will be displayed in New Zealand dollars on the site and confirmed by email and will include all appropriate duty and GST. The duty and GST rates in force at the time of the payment will be the appropriate rate. A till receipt will be included in each order and the appropriate GST rate will be detailed on this receipt.
6.5 The name that will appear on your statement will be ARI Auckland Limited.
7. Acceptance of Your Order
7.1 Any email or acknowledgement by us of receipt of an order placed by you does not mean that we have accepted your order. Acceptance of your order and completion of the contract between you and ARI Auckland Limited (trading as The Loop Duty Free) will take place when you collect the products ordered at the The Loop Duty Free shop collection point We reserve the right, where necessary, not to accept your order for any reason.
7.2 All products that you order through the Service will remain the property of ARI Auckland Limited (trading as The Loop Duty Free) until payement is made and the prodcuts are collected by you at the The Loop Duty Free shop Collection Point in Auckland International Airport. For the avoidance of doubt an order placed through this Service, even when we confirm receipt of such order and provide confirmation of such receipt in writing shall not constitute an agreement for the sale or purchase of products but instead constitutes an offer by you to buy from us. The contract for the sale of any products ordered through the Service will only be completed upon your presenting at The Loop Duty Free shop Collection Point and our transferring the products into your possession, at which point ownership and risk of damage to or loss of the product(s) passes to you.
8. Payment & Validation Checks
8.1 All card payments are subject to authorisation by your card issuer. The service is provided by BNZ/ Bank of New Zealand.
8.2 During the checkout process, you will be asked to complete your payment details. All fields must be completed. All payments for card types that fall under the Visa and MasterCard card schemes will be validated prior to completion of payment with the card schemes under the Verified by Visa in New Zealand
8.3 We, or third parties engaged on our behalf, will validate your credit/debit card before accepting your order. We will not accept your order if your card is declined at any stage during the processing of your order.
8.4 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. We will not be liable for any delay or failure by you to place a valid order if the issuer of your payment card refuses to authorise payment to us.
8.5 Although we endeavor to take all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online. You accept the inherent security risks of providing personal information and using the internet and we cannot be held responsible for any breach of security unless it is due to our negligence.
9. Collection & The Loop Duty Free Shop Collection Point both in the departures & arrivals
9.1 The Online Shopping collection point is called The Loop Duty Free Collection Point and is located in The Loop Duty Free shops in the departures & the arrivals areas of the International terminal shopping area
9.2 To collect your products, and to facilitate the efficient processing of your order, please present the email we sent you confirming the particulars of your order.
9.3 You will be required to provide photographic proof of identity and a valid boarding card, which requirements are a pre-condition to our being able to provide the products to you. We reserve the right to refuse to provide you with any products you have ordered where you fail to provide this information or where any of the information provided by you online differs from that disclosed on presentation at The Loop Duty Dree Collection Point.
9.4 Customers on collecting goods must sign a collection docket confirming receipt of goods.
10. Flight-Related Issues, Right of Cancellation and Refunds
10.1 In the case of any cancelled flight, delayed flight or any other amendment to or cancellation of your travel plans affecting your ability to collect any products ordered through the Service, please advise us at your earliest convenience and we will arrange for a full refund, or where applicable, arrange for a different date or time for collection.
10.2 If you subsequently decide that you do not want any product that you have ordered but before you collect the product, you may cancel your order up to 12hrs in advance of your scheduled departure time by simply clicking on the cancellation link as detailed on your email confirmation. A full refund of the amount paid will be credited to the credit or debit card used during the payment process.
10.3 Where we have accepted that you are validly due a refund for any reason, then the repayment in full of monies paid by you to us will be the extent of our liability to you. We are not responsible for any bank charges, currency exchange fees, currency fluctuations or any other similar discrepancies which may arise between the price you paid and the amount refunded to you.
10.4 Nothing in these Terms & Conditions for Online Shopping is intended to limit any rights you might have as a consumer or other statutory rights that cannot legally be excluded or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence, which cannot legally be excluded under applicable law.
11. Revenue and Customs Requirements
11.1 We do not accept any liability for your compliance or otherwise with local or international revenue requirements, any taxation obligations, or any other customs' requirements that might apply to you and/or the products that you order through the Service. YOU ARE ADVISED TO SATISFY YOURSELF PRIOR TO ORDERING ANY PRODUCTS THROUGH THE SERVICE THAT THE PURCHASE OF THE PRODUCTS WILL NOT PUT YOU IN BREACH OF ANY OF YOUR OBLIGATIONS WITH REGARD TO REVENUE, OTHER TAXATION LIABILITIES OR CUSTOMS REQUIREMENTS AND TO ENSURE THAT YOU ARE FULLY INFORMED OF ALL SUCH OBLIGATIONS PRIOR TO MAKING ANY RESERVATION THROUGH THE SERVICE.
11.2 All prices are shown in NZ$ inclusive of GST. Remember, you will be required to produce documentation to confirm your flight details, including your boarding pass, when you present at the The Loop Duty Free Shop Collection Point to purchase the products.
12. Limitation of our Liability
12.1 Subject to clause 10.4, if we are liable to you for direct losses arising out of or in connection with any breach of these Terms and Conditions or the Service, our aggregate liability to you, howsoever arising, will not in any circumstances exceed the total price charged for the products. We will not be liable or responsible for any loss that is caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss; or for any loss of data, profits or any consequential, indirect or special damage, suffered by you or any other person or if we are unable to provide you with the Service, or carry out our obligations to you under these Terms and Conditions for Online Shopping due to an event or circumstance beyond our control.
12.2 You will be responsible for and accept liability to us for your breach of contract or negligence.
13.1 We have no responsibility for and shall not be liable for any breach of these Terms & Conditions for Online Shopping caused by circumstances beyond our control.
13.2 If you access this Site from a country other than New Zealand, you are responsible for compliance with relevant local laws and regulations. You must not access this Site from countries where such access or the contents of this Site are illegal or prohibited.
13.3 If any provision of these Terms & Conditions of Online Shopping is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions and Conditions, which shall remain in full force and effect.
13.4 You may not assign, sub-license or otherwise transfer any of your rights under these Terms & Conditions for Online Shopping.
13.5 If you breach these Terms & Conditions for Online Shopping and we do not take, or delay in taking, any action, that will not operate as a waiver of our rights or adversely affect our ability to rely on these Terms & Conditions for Online Shopping.
13.6 We reserve the right to change and update these Terms & Conditions for Online Shopping from time to time and recommend that you revisit this page regularly to keep informed of the current Terms & Conditions that apply to your use of this Site and/ or the Service. By continuing to access, browse and use this Site and/or the Service, you will be deemed to have accepted and agreed to any changes or updates to these Terms & Conditions for Online Shopping.
13.7 These Terms & Conditions for Online Shopping shall be governed by and construed in accordance with the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction over any dispute relating to, or involving these Terms & Conditions for Online Shopping and/ or the Service.
14. Complaints and Queries
14.1 If you are not happy with any aspect of our Service, discover a fault with our Site, or if you have any other comments or queries relating to an order placed online or any other aspect of the Service, please let us know by emailing us at Customerservice@theloopdutyfree.co.nz
15. Refunds & Return Policy:
Thank you for shopping on theloopdutyfree.co.nz we hope you are pleased with your purchase. If you are unhappy with your purchase we will replace or credit your account for most items, provided they are returned complete, unused and in their original packaging with any appropriate security tags intact in fully resalable condition. Proof of purchase is required.
If we find that the product has not been returned to us in fully resalable condition, we reserve the right to refuse a refund on the item.The goods will be charged to your account when the order is confirmed and you receive a confirmation email on your purchase. You can cancel you order 12hrs before you fly by clicking the ‘Cancel Order’ button at the bottom of your order confirmation which is located on your order confirmation email. Your order will be automatically cancelled & a refund sent to your account.
If you wish to cancel your order after the 12hr window contact our The Loop Customer Service at Customerservice@theloopdutyfree.co.nz or Call 09 973 2670
How Do I Arrange A Refund/Return?
Notify us of your intention to return your goods via email The Loop Customer Service at Customerservice@theloopdutyfree.co.nz or Call 09 973 2670