Welcome to www.cinnamonswan.com (the Site).

In these terms and conditions (Terms), “Cinnamon Swan” “we”, “our” or “us” means Cinnamon Swan Limited and any reference to “you” or “your” refers to you.

When you access, browse, view, use, or order our products from the Site you agree to be bound by these Terms and any policies that we refer to in these Terms, including the following:

  • Terms of Sale
  • Site Terms of Use
  • Privacy Policy
  • Shipping Policy
  • Returns Policy

Your privacy is very important to us. Please read our Privacy Policy for information about how Cinnamon Swan collects, uses, holds or discloses any personal information about you.

We may amend these Terms from time to time by posting the revised version on the Site or sending you an email before the effective date of any amendment. If you continue to use our Site following the effective date of an amendment to these Terms, then you will be deemed to have accepted the amendment. If you do not accept any amendment to these Terms you will not be penalised by us, however you may no longer use the Site from the effective date of that amendment.

TERMS OF SALE

Our Terms of Sale apply to you when you purchase a product from us on the Site, and you agree to be bound by our Terms of Sale when you order a product from the Site.

CHECKOUT AND YOUR ORDER

  1. When you complete the checkout process on the Site, you are submitting an order for products and this constitutes an offer to purchase the products. Cinnamon Swan may not accept your offer for any reason.
  2. Your offer is accepted by Cinnamon Swan when you receive an email from us confirming that your order is successful and has been accepted.
  3. Once we have confirmed that your order has been accepted, it cannot be amended or cancelled.

ACCURACY OF PRODUCT DESCRIPTIONS

  1. We do our best to display accurate information on the Site, however the information on our Site may not always be up to date, accurate or complete, including (for example purposes only) product descriptions, photographs or pricing information. Measurements on the Site are approximate only.
  2. If a product that you have purchased is not as described or pictured, you may return that product to us in an unused condition and we will provide a refund for the product to you.

PRODUCT AVAILABILITY

  1. Products displayed on the Site may not all be available for purchase on the Site. Cinnamon Swan may change or discontinue products at any time without any prior notice to you.
  2. If you have placed an order for a product that is no longer available (or becomes unavailable), Cinnamon Swan will work with you to either provide a refund, credit, or substitute a similar product and apply any price differences to your order.

PRICES

  1. All prices on the Site are in US dollars (unless changed by you in the site menu).
  2. We may change the prices on the Site at any time, however if you submit an order for a product before any price change, then the purchase price for the product will be the price that was shown on the Site at the time you submitted your order.

TERMS OF PAYMENT

  1. We accept payment on the Site via PayPal, VISA, and MasterCard.

 SHIPPING TERMS AND POLICIES

  1. Please see our Shipping Policy for information about our shipping conditions.
  2. The shipping costs for your order are listed on the Site during the checkout process.
  3. If you have any questions about shipping please contact Cinnamon Swan on the numbers set out in the Shipping Policy.
  4. Risk and title in the products that you have purchased will pass to you when our shipping agent who is responsible for delivering the products considers they have delivered the products to you.

RETURNS

  1. You may return any product you have purchased directly from Cinnamon Swan as long as it is unworn, unwashed, and in the original packaging. A product may be returned for a refund for any reason 30 days from the date the product ships.
  2. For more information visit the Returns page on the Site.

WARRANTY

  1. Subject to any of our obligations at law, Cinnamon Swan will replace your Cinnamon Swan garment within 12 months of purchase if it has faulty fabric, stitching or manufacturing. Please return your garment as soon as possible so we can assess its condition and send you a replacement.
  2. Please contact customerservice@cinnamonswan.com for instructions on how to return a garment under this warranty or visit the Returns page on the Site.

SITE TERMS OF USE

When you access, browse, use or view the Site, you accept these Terms of Use.

If you are under 18, you may use the Site only under the supervision of a parent or guardian.

YOUR USE OF THE SITE

  1. You may not:
    (a) reproduce, adapt, copy, distribute or incorporate in any other work, in whole or in part, any information, content or material from this Site, including any trade mark appearing on the Site, without the written permission of Cinnamon Swan;
        (b) use the Site for any illegal activity, or for any activity that would cause us to breach any law;
        (c) use the Site in any way that may bring us into disrepute, or for any activity that is inappropriate, including any use that is obscene, offensive or abusive; or 
        (d) create a link to the Site (or any part of the Site) from any other website, without the prior written consent of Cinnamon Swan.

 INFORMATION ON THE SITE

  1. The copyright in all information, material, content (including rights in text, graphics, arrangement and design) that is displayed, or available on the Site belongs to Cinnamon Swan or its licensors.
  2. Nothing in these Terms constitutes a transfer or licence of any of our intellectual property rights, including any intellectual property rights that we have in and to the information, material or content that is displayed or available on the Site.
  3. Cinnamon Swan may change the information, content or material that is displayed or available on the Site at any time without any notice.
  4. Cinnamon Swan does not accept any liability for any information, content or material that appears on the Site that is made in an unauthorised manner, or that is posted or uploaded to the Site by another user of the Site.

ACCESS TO OTHER WEBSITES

  1. This Site may contain links to third party websites that are not under the control of Cinnamon Swan. Cinnamon Swan does not endorse, and is not responsible in any way for any information, content or material that is available on such third party website.

LIMITATION OF LIABILITY

  1. You use the Site at your own risk, and to the extent permitted by law Cinnamon Swan will not be responsible or liable:
    (a) other than claims that may arise out of the Consumer Guarantees Act 1993 (if applicable) for any loss or costs incurred or suffered by you or any other person arising out of or in connection with your access to or use of the Site or any linked websites; and
        (b) for any loss or damage caused by spyware, viruses, worms, trojan horses or other items of a destructive nature that may be transmitted to your computer by use of the Site, its servers, or e-mail sent from Cinnamon Swan.
  2. You agree that the Site:
    (a) will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
        (b) Cinnamon Swan may, at any time and for any reason, make the Site, or any part of the Site unavailable to you or any other person.
  3. To the extent permissible by law, Cinnamon Swan makes no warranties of any kind, express or implied, as to the operation or security of the Site.

GENERAL

OUR RESPONSIBLITIES

  1. If you are a “consumer” for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, nothing in these Terms is intended to limit any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
  2. If you “in trade” and are acquiring goods or services from us for a business purpose, you agree that the guarantees provided in the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted by law.

SEVERABILITY

  1. If any provision contained in these Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms will remain in full force and effect and will not in any way be impaired

NOTICES AND ELECTRONIC COMMUNICATIONS

  1. We may provide you with notices, including notices relating to these Terms by way of electronic communications, including by email or other electric communication through the Site.

FORCE MAJEURE

  1. We have no liability to you for any lack of performance, unavailability or failure of the Site, to supply you any product, or failure to comply with these Terms where the same arises from any cause reasonably beyond the control of Cinnamon Swan.

LIABILITY TO YOU

  1. Subject to our obligations under law, our total liability to you will be limited to the amount actually paid by you for the purchase of products from the Site. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. 

GOVERNING LAW

  1. By visiting the Site, you agree that the laws of New Zealand will govern these Terms, and if there is any dispute relating to these Terms that might arise between you and Cinnamon Swan the New Zealand courts will have non-exclusive jurisdiction over such dispute.

CONTACT INFORMATION

For questions or concerns you have about the Site, Cinnamon Swan products, your order on the Site, etc. please contact us via email customerservice@cinnamonswan.com.

Cinnamon Swan Limited
Auckland 1050
New Zealand