Terms of service

1. ACCESS AND USE OF THE SITE 
1.1 You must only use the Site in accordance with these Terms and Conditions and any applicable law.

    1.2 You must not (or attempt to): 
    (a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site; 
    (b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or 
    (c) interfere (or attempt to interfere) with security-related or other features of the Site.

    1.3 If you have created an account with us, you must: 
    (a) give us accurate and current personal information including your name, address, and a valid email address. 
    (b) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.

    1.4 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. 1ABOVE2019 LIMITED are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

    1.5 You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).

    1.6 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

    1.7 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, this includes but is not limited to: 
    (a) suggesting or implying that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or 
    (b) in a way that is illegal or unfair.

     

    2. INFORMATION ON THIS SITE 
    2.1 The Site and any content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to 1ABOVE2019 LIMITED.

      2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use any of the material on the Site, including audio and video excerpts, unless permitted by statute or with prior written consent.

       

      3. ORDER AND FORMATION OF CONTRACT 
      3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

        3.2 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.

        3.3 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer service immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

        3.4 When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to: 
        (a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order);

        (b) if you are a stylist, a blogger or an influencer, we require you to utilise our services via our email address. Please email, info@live1above.com; or 
        (c) we suspect that you might on sell our Products to other consumers. 
        3.6 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

         

        4. DELIVERY 
        4.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, however we cannot guarantee any firm delivery dates.

          4.2 If we expect to be unable to meet our estimated delivery date we will try to advise you, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

          4.3 We will aim to leave the Order at the address advised by you at the time of purchase. If the delivery driver deems the area unsafe your Order will be redirected to a collection point , where available redelivered in the next delivery run or returned back to our Fulfillment Centre.

          4.4 It is your responsibility to ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: 
          a) charge you for any costs reasonably incurred by us as a result of undelivery; or 
          (b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including shipping and any storage fees as provided for above).

          4.5 Please note that it might not be possible for us to deliver to some locations, including PO Boxes. If this is the case, we will inform you using the contact details provided to us when making your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

          4.6 Unless otherwise specified, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

          4.7 It is your responsibility to take care when opening the product so as not to damage it, particularly when using any sharp instruments.

           

          5. CANCELLATION 
          5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you during the payment process.

            5.2 If you wish to cancel your order, please contact our Customer Service Team at info@live1above.com. No cancellation fees will apply. However, once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with our Returns Policy.

             

            6. GST, CUSTOMS CHARGES, DUTIES AND FEES 
            6.1 Please note orders over a certain amount may incur GST, customs charges and duties charged by the local Customs Service once the parcel reaches its destination port. These must be paid by the recipient directly to the local Customs Service or its authorised service provider. We recommend contacting your local customs service regarding these fees prior to ordering. 
            6.2 Your financial services provider may charge currency conversion and administration fees on purchases and any refunds we provide. We are not responsible for and will not reimburse any of these GST, charges, duties or fees.

             

            7. FAULTY PRODUCT RETURNS 
            7.1 We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact us via info@live1above.com as soon as possible so we can guide you through the returns process and help resolve the problem as quickly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.

              7.2 If the Product is confirmed to have a defect, we will replace the Product or refund the Price of the Product to your original payment method at your request.

              7.3 It does not constitute a defect, if in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

               

              8. CHANGE OF MIND RETURNS 
              8.1 1ABOVE2019 LIMITED, do not provide refunds for change of mind returns.

               

              9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

                9.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
                We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

                9.2 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

                9.3 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

                9.4 In no case shall 1ABOVE2019 LIMITED, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law 

                 

                10. PRIVACY POLICY 
                10.1 Please see our privacy policy https://live1above.com/policies/privacy-policy 

                 

                11. GENERAL 
                11.1 Entire agreement: These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site. 
                11.2 Assignment:You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person. 
                11.3 Force majeure:We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events). 
                11.4 No waiver:No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions. 
                11.5 Notices: Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office. 
                11.6 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such. 
                11.7 Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected. 
                11.8 Governing law: These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. 
                11.9 Change of the Terms and Conditions:We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions. 

                 

                12. INTERPRETATION 
                12. (a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions. 
                (b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership. 
                (c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons. 
                (d) References to includes or including or like words or expressions shall mean without limitation. 

                 

                13. CURRENT PROMOTIONS 
                13.1 For Terms and Conditions of our current promotions please refer to https://live1above.com/apps/faqs#!hc-current-promotions