Welcome to our Decadent Desires New Zealand website (the “Decadent Desires New Zealand Site” or the “Site”).

Decadent Desires New Zealand Online and Decadent Desires Limited (collectively referred to as “Decadent Desires New Zealand Online”) offer the services available on this Site in accordance with the following terms and conditions (the “Terms and Conditions”). By accessing or utilizing the Site, you acknowledge that you have read, understood, and agree, without reservation, to be bound by these Terms and Conditions.

1. Privacy Policy

Please review our PRIVACY POLICY, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.

2. Eligibility

To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under New Zealand law, you must: (a) be aged 18 or older, (b) provide your contact and address details on the Site; and (b) be the holder of a valid debit/credit card or paypal account.

3. Product Descriptions

Products may not always be available or may differ from their descriptions. We strive to ensure that details, descriptions, images, and prices displayed on the Site are accurate at the time the information is entered into the system. However, to the extent permitted by law, we do not guarantee that product descriptions, colours, or other content on the Site are accurate, complete, reliable, current, or free from errors. Information may become outdated. While we endeavour to keep the Site updated, the product descriptions may not always reflect the exact product at the time you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

4. Language

This contract shall be concluded in English.

5. Prices

All prices listed for products available on the Site are presented in New Zealand Dollars (NZD) at current exchange rates and do not include delivery charges, international customs duties, foreign taxes, or other applicable fees, which are the responsibility of the customer. The total cost of your order comprises the product prices and the delivery charges outlined in the Delivery section of the Site.

6. Purchase Related Policies

Personal use only

The products and services offered on the Site, along with any samples we may provide, are intended solely for personal use. Reselling or commercial distribution of any products, services, or samples acquired from us is strictly prohibited. Please be advised that the availability of samples is limited.

Our right to cancel your order

If we reasonably believe, in our sole discretion, that your completion of your order may result in the violation of our Terms and Conditions we may, with or without notice, to cancel or reduce the quantity of your order.

Our policies form part of these terms and conditions

These terms and conditions include the additional policies related to orders placed through this Site. RETURNS POLICY, PRIVACY POLICY.

7. Placing an Order and Order Acceptance

You will be guided through the order placement process with a series of straightforward instructions on the website. You will have the opportunity to review your proposed order and either confirm or modify it before finalizing your purchase. To submit your order for goods from the DECADENT DESIRES New Zealand website, simply click the “Submit” button at the end of the online ordering process.

Upon placing your order, you will receive an email acknowledgment containing the details and total value of your order, which will be charged to your credit/debit card or PayPal account. Please note that this acknowledgment does not constitute acceptance of your order by DECADENT DESIRES New Zealand Online.

Our acceptance of your order and the establishment of a contract between you and us will occur once we have dispatched the goods you ordered, unless we have notified you of our inability to accept your order or you have chosen to cancel it. Should you wish to cancel your order after it has been dispatched, please refer to our return policy.

For any inquiries regarding your order, please contact our Customer Service team by emailing us.

We reserve the right not to accept your order if any of the following conditions arise: an item is out of stock, we cannot obtain authorization for your payment, we suspect fraudulent activity or a breach of these Terms and Conditions (including our Privacy Policy), or if there is a product or pricing error.

If we are unable to fulfill your order after sending the acknowledgment, we will reach out to you via email or telephone to inform you of this.

8. Payment

Payments can be made using a debit or credit card, PayPal, or Afterpay. By selecting these payment options, you confirm that the account associated with the payment method is yours.

All credit and debit cardholders are subject to validation checks and authorization by the card issuer. Should your payment card issuer refuse or fail to authorize payment, either in advance or after a transaction, we will not be liable for any delays or issues regarding delivery.

During the online payment process, you will be asked to provide your CCV (Credit Card Verification Number), which is unique to the physical card and not found on receipts or imprints. While this does not guarantee the card has not been stolen, it ensures that the individual placing the order has the card in their possession at the time of the transaction, serving as an additional security measure for your protection.

With Afterpay, you can split your order into four equal fortnightly installments without interest or additional fees*. Payments will be automatically deducted from your debit or credit card every two weeks, and you will receive your order immediately. If you have a promo code, please ensure it is applied before proceeding to the next step.

To use this service, you must:

• Have a debit or credit card
• Be over 18 years of age
• Reside in New Zealand

To utilize Afterpay, follow these steps:

• Add your desired items to your shopping bag and proceed to checkout as usual (valid for amounts up to $200).
• On the checkout page, select Afterpay as your payment method.
• Enter your Afterpay details, and you’re done.

Please ensure that sufficient funds for the first payment are available on your card at the time of checkout. For new Afterpay customers, payment is processed at the time of purchase, with subsequent payments due over the following six weeks. Once you have been an Afterpay customer for a minimum of six weeks, payment will be due in 14 days, with instalments spread over eight weeks. A detailed payment schedule will be provided at the time of purchase.

Should you wish to return your items, you may opt for an exchange, or you can cancel your Afterpay payment plan.

*Please note that if a payment is not made on time, a late fee of $5 will be charged, with an additional $10 fee applied seven days later if the payment remains unpaid.

There is no waiting period; we will ship your order immediately as usual.

For full terms and conditions please visit AFTERPAY.

9. Title to Goods

We will retain the legal ownership of the goods until the later of the dispatch of the goods to you and full payment for the goods being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

10. Risk of Loss

Risk in the goods will pass to you upon delivery to you.

11. Delivery

We will fulfil the delivery of goods based on the option you selected during the ordering process. Please note that any delivery times provided are indicative and not guaranteed. Orders may be delivered in multiple shipments. To the fullest extent permitted by law, we disclaim any liability for delays in delivery caused by third parties.

12. Acceptance of Goods

Upon receipt of the goods, it is imperative that you conduct a thorough inspection. Acceptance of the goods will be assumed unless you notify us of your intent to cancel the order and/or return the items in accordance with our return policy.

If no such actions are undertaken, and to the extent permitted by law, we will not be obligated to accept any subsequent rejection of the goods. Should you find that your order is incomplete, as outlined in the order confirmation email you received, please reach out to Customer Services by emailing us.

13. Intellectual Property

All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software (collectively referred to as “Content”), is the property of Decadent Desires, its affiliates, partners, or licensors and is protected by copyright laws in New Zealand, and internationally. The trademarks, logos, and service marks displayed on the Site (collectively referred to as “Trademarks”) are the registered and unregistered marks of Decadent Desires, its affiliates, licensors, or partners in New Zealand and other countries, and are safeguarded by trademark laws in New Zealand, and internationally. All other Trademarks not owned by us, our affiliates, partners, or licensors that appear on the Site belong to their respective owners, who may or may not have affiliations with, connections to, or sponsorship from us. Except as required by applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

14. Your Obligations and Responsibilities

In accessing or using the Site, you agree to adhere to these Terms and Conditions, as well as any specific warnings or instructions for access or use that may be posted. You are required to act in accordance with the law, customary practices, and in good faith at all times. Modifications or alterations to the Site, its Content, or any services available on this Site are strictly prohibited, as is any action that could compromise the integrity or functionality of the Site. Without limiting the applicability of any other provision within these Terms and Conditions, you will be held liable for any losses or damages incurred by DECADENT DESIRES New Zealand Online, its affiliates, partners, or licensors as a result of any negligent or intentional failure to fulfil your obligations under these Terms and Conditions, including our Privacy Policy.

15. Limited License

We grant you a limited, revocable, and non-exclusive license to access and utilise the Site for personal purposes. This license does not permit you to: (i) frame or employ framing techniques to enclose the Site or any part thereof; (ii) modify or download the Site or its content, except for caching or necessary viewing; (iii) use the Site or its content for any purpose other than personal use; (iv) create derivative works based on the Site or its content; (v) collect account information for the benefit of any third party; (vi) utilize any meta tags or hidden text incorporating our name or trademarks; or (vii) employ software robots, spiders, crawlers, or similar data extraction tools, or engage in any actions that may impose an unreasonable burden on our infrastructure.

Additionally, we grant you a limited, revocable, and non-exclusive license to create a hyperlink to the homepage of the Site for personal, non-commercial use only. A website linking to our Site must adhere to the following conditions: (i) it may link to, but not replicate, our content; (ii) it must not imply our endorsement of that website or its services or products; (iii) it must not misrepresent its relationship with us; (iv) it must not contain content that could be deemed distasteful, obscene, offensive, or controversial, and must be lawful and appropriate for all audiences; (v) it must not portray us or our products or services in a false, misleading, derogatory, or otherwise objectionable manner, nor associate us with undesirable products, services, or opinions; (vi) it must not use any trademarks without express written permission; and (vii) it must not link to any page of the Site other than the homepage.

We reserve the right, at our sole discretion, to request the removal of any link to the Site, and you shall immediately comply upon receiving such a request. Any unauthorised use of the Site terminates the limited license outlined in this section without prejudice to any other remedies available under applicable law.

16. Your Account

You must provide true, accurate and up-to-date information. You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our PRIVACY POLICY regarding the treatment of your personal information.

You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes, then please notify us immediately by contacting Customer Services by emailing us. Alternatively, you can update your details through the DECADENT DESIRES accounts page.

You must protect your password

You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account.

You agree to accept responsibility for all activities that occur under your account or password.

Report any loss of password to us

If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address that you specified when you registered.

How to cancel your account

Your account can be cancelled at any time by contacting Customer Services by emailing us.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Our right to cancel your account

If you violate these Terms and Conditions or if we reasonably decide it would be in DECADENT DESIRES New Zealand Online’s best interests to do so. We reserve the right to refuse service and/or terminate accounts without prior notice.

17. Third Party Links

We do not accept responsibility for the content of any external pages or other sites linked to or from our site. The links provided on our site are intended solely for convenience and do not constitute an endorsement by us, our affiliates, or our partners of the referenced content, products, services, or suppliers. Any connections to or from external pages or sites are made at your own risk.

We do not engage in the evaluation of, nor do we warrant the offerings of, external pages or other sites linked to or from our site. Furthermore, we assume no responsibility or liability for the actions, content, products, or services of such pages and sites, including, but not limited to, their privacy policies and terms and conditions. We strongly encourage you to review the terms and conditions and privacy policies of all external pages and sites you visit.

18. Submissions

Submissions not confidential

It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.

Rights Granted by Submission

Subject to the provisions of our Privacy Policy, by submitting any content, you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to utilize, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display your submission in any form, medium, or technology, whether currently known or developed in the future, either independently or as part of other works. You acknowledge that your submission may not be returned, and we may utilize it, along with any ideas, concepts, or knowledge contained within, for a variety of purposes, including but not limited to the development, manufacturing, distribution, and marketing of products.

Representations and Warranties Regarding the Submission

By making a submission, you represent and warrant that your content is truthful and accurate and that you own or control the rights to it. Additionally, you affirm that your submission does not contain software viruses, commercial solicitations, chain letters, mass mailings, or any form of “spam.” You are prohibited from using a false email address, impersonating any person or entity, or misleading us regarding the origin of any submission. You agree to indemnify us against any claims arising from or related to your assertion of rights concerning any submission.

19. Limitation of Liability

Disclaimer of Representations and Warranties

THE SITE IS PROVIDED “AS IS.”

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN relation to these Terms and Conditions or the Site. This includes, but is not limited to, implied warranties of merchantability, non-infringement, and fitness for a particular purpose.

Limitation of Liability

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR:

• (a) INTERRUPTION OF BUSINESS;
• (b) DELAYS OR INTERRUPTIONS IN ACCESSING THE SITE;
• (c) FAILURE TO DELIVER, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATIONS OF DATA;
• (d) LOSS OR DAMAGES OF ANY KIND RESULTING FROM INTERACTIONS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE;
• (e) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINKING TO OR FROM THIRD-PARTY SITES;
• (f) ANY INACCURACIES, OMISSIONS, OR MISLEADING, FALSE, OR DECEPTIVE STATEMENTS IN THE CONTENT; OR
• (g) EVENTS BEYOND OUR REASONABLE CONTROL.

Exclusion of certain types of loss

TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (OR ANY LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability

IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED, WHICHEVER IS GREATER.

20. Indemnification

You agree to defend, indemnify, and hold us harmless from any losses, damages, or costs, including reasonable attorneys’ fees, arising from any third-party claims, actions, or demands related to your use of the Site. Additionally, you agree to indemnify us for any losses, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data-gathering and extraction tools, or any other actions that impose an unreasonable burden on our infrastructure.

21. Complaints

If you have any complaints regarding the goods, please reach out to Customer Service via email.

22. Disputes

Your use of this website and any purchases made from DECADENT DESIRES New Zealand are governed by New Zealand law. Both parties agree to submit to the exclusive jurisdiction of the New Zealand courts.

23. General

Entire Agreement

You acknowledge and agree that these Terms and Conditions, along with our Privacy Policy, represent the complete and exclusive agreement between us regarding your use of or purchases made on the Site. They supersede and govern all prior proposals, agreements, or communications.

Amendments to Terms and Conditions

We reserve the right, at our sole discretion, to modify these Terms and Conditions at any time by posting the updates on the Site. Such changes will take effect immediately upon their publication.

Your continued use of the Site indicates your acceptance of all terms and conditions outlined herein. You agree to comply promptly with any termination notice or other communications, which may include, as applicable, discontinuing all use of the Site.

No Agency or Partnership Created

Nothing in these Terms and Conditions shall be interpreted as establishing any agency, partnership, or joint venture between us.

Failure to Enforce Does Not Waive Rights

Our decision not to enforce any provision of these Terms shall not diminish our right to enforce that provision at any future time. Similarly, a waiver of any breach of a provision shall not be construed as a waiver of the provision itself. No delay or failure by either party to exercise any right, remedy, power, or privilege under these Terms and Conditions, nor any course of conduct between the parties, shall be interpreted as a waiver thereof. Additionally, no single or partial exercise of any right, remedy, power, or privilege shall preclude any further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Cumulative Rights

The rights and remedies specified in these Terms and Conditions are cumulative and do not preclude any rights or remedies available under applicable law.

Time Not of the Essence

Time shall not be deemed essential concerning any timelines, dates, or periods outlined in these Terms and Conditions.

If a Term is Unenforceable

Should any provision of these Terms and Conditions be deemed unenforceable or invalid under applicable law, or if such a determination is made by a competent court, that unenforceability or invalidity will not affect the overall enforceability or validity of these Terms and Conditions. We will revise or replace the affected provision with one that is valid and enforceable, aiming to achieve our original objectives and intent as closely as possible.

Contact Us

If you have any questions regarding these Terms and Conditions, please contact us.