Terms & Conditions

Overview         

1. These terms: When you create an account with us, use our website, or purchase from us, you agree to these terms and conditions. They are a contract between you, and Circular Stores Limited (“us”). They set out the key information for how we operate and how we’ll deal with you, so we really encourage you to read on below.

2. Ways to buy from us: As you have hopefully seen on our website, for most of our items, you can either purchase the item outright from us (“Buying Option”), or choose to rent it from us (“Renting Option”). Different rules apply for these two options, which we’ve broken down below.

3. Together, the Buying Option, Renting Option, and our website are referred to as our “Service” below sometimes (yes, the defined terms also have defined terms).

Buying Option

4. Buying from us: This works like a normal retail store. If you buy an item from us, we’ll send it out once we’ve successfully charged your payment card. Our prices are subject to variation without notice (just like other retail businesses, we’ll increase or decrease our prices sometimes). The price payable for our items shall be the price applicable on the date the goods are confirmed as ordered.

5. Change of mind: We won’t give refunds for change of mind or if the item doesn’t fit you. Sorry.

Renting Option

6. Ownership of the items: When you rent an item from us, we retain legal ownership of that item at all times. This gives us rights to charge you for it in some circumstances. We explain that below.

7. Billing: You can rent an item for as long as you like. We charge in advance, by the calendar month, for all our items. This means that we initially charge you a calendar month’s rental (which we advertise on our site as “/month”)) when you order an item with the Renting Option. We will continue to charge your payment card the monthly fee on the same day each month, from when you first ordered that item (we call this the “Anniversary Date”). So, if you rented a Harley Davidson t-shirt on the 1st of a month, the Anniversary Date for this item will be the 1st of the month each month going forward. If you rent another item (such as one of our sports tees) on the 15th of a month your payment card will be charged on both the 1st (for the Harley Davidson) and 15th (for the Sports Tee) of each month going forward. If you order an item at the end of the month (like on the 31st), and there's no equivalent in the next month, your Anniversary Date will move to the next closest day (e.g. to the 30th).

8. Returning an item: If you don't want to be charged another month for an item, we have to have received an item back at our premises before its Anniversary Date. If we haven’t, you will be charged again - even if you’ve already given it to a courier. If we haven’t gotten it back, you will be charged for another month, and we won’t refund any of these charges even if the item arrives one day after its Anniversary Date.

9. No minimum commitment: You can return an item at any time - there are no minimum amount of months you have to have it for. This means that the total amount payable under your rental agreement could be one month (provided we receive the item back before it’s next Anniversary Date).

10. Failing to return items: As we’ve said, we own the items you rent from us. If you fail to return them (even if you lost it, or it was stolen), we will keep charging you the monthly fee until you return it. This could go on for some time. So we suggest you get in touch with us as soon as possible if an item is lost or stolen. We will then charge you a Lost/Major Damage Fee that we’ve set out below. This applies whether or not it was your fault (or due to your negligence) that the item was lost or stolen.

11. Returning damaged items: Similarly, if an item comes back to us with Major Damage, whether or not such damage is the result of your negligence, failure, or omission, you are liable for this and you’ll have to pay us a Lost/Major Damage Fee. Normal Wear and Tear is ok - we expect this, and you won’t be charged extra for it. We’ve defined these terms below:

A. “Major Damage” includes but isn’t limited to a hole (2mm or greater diameter), large rip along seam (11mm length or greater), or a bright, visible stain (5mm squared area or greater); and

B. “Normal Wear and Tear” includes but isn’t limited to a hole (1mm or smaller diameter), small rip along seam (10mm or smaller), a non-bright stain (4mm squared or less), pilling, or some fading.

12. Lost/Major Damage Fee: If you’re liable for a Lost/Major Damage Fee, what you’ll need to pay depends on how long you’ve had the item from us:

• 0-3 months = 150% of original outright purchase price;
• 4-6 months = 75% of original outright purchase price;
• 7-9 months = 50% of original outright purchase price;
• 10-12 months = 25% of original outright purchase price; or
• 12 months or more = 15% of original outright purchase price.

13. Request for items: On occasion, we may have to call an item back in, and ask that you return it (for example, under if you’re not paying us so we need to end your service under clause 27). We’ll give you notice of this. You must return the item if this happens.

Legal stuff for our Services

14. New Zealand only: We can’t accept orders from outside New Zealand, and we can only deliver within New Zealand.

15. Age limit: You have to be 18 years or older to use our Services.

16. Credit assessment: We will use the information you provide us to conduct searches to see if you’re trustworthy enough to rent from us. See our privacy policy for how we look after your information.

17. Receiving items: In the unlikely event an item is damaged in transit we’ll refund you for it. Likewise if an item never arrives, due to our fault or our courier partner’s fault, we’ll refund you for it.  But you’re responsible for receiving the items - so, for example, we won’t refund you if the courier leaves the item by your front door (at your request) and someone steals it (see clause 18 below).

18. To ensure the safety of our items, we automatically instruct all outbound courier deliveries to be “Signature Required”. If you choose to override these courier instructions (for example, initiating an “Authority to Leave” with the applicable courier company) then you’re responsible for any loss or damage that occurs while the package is waiting for you.

19. Description of items: We have made every effort to display as accurately as possible the colors, images and the condition of our products that our Service offers. Due to the second-hand nature of some products we cannot provide refunds based on an expectation of differing quality, however if an item is grossly misrepresented we will provide a full refund for it (once we’ve received it back).

20. Restrictions: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may also pause, restrict or end your service straight away if you harass, abuse or threaten our staff, or complain about us multiple times without a reasonable basis and if you keep complaining without a reasonable basis, even once we’ve asked you to stop.

21. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

22. Illegal use of Service: You may not use our Service for any illegal or unauthorised purpose nor may you, in the use of our website, violate any laws (including but not limited to copyright laws). This includes (but isn’t limited to, obviously) using our Service to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service. You also can’t commit any fraudulent activities in relation to the Service, and you will be liable to us if you do.

23. Changes to these terms: We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these terms constitutes acceptance of those changes. Of course if we’re making any changes that disadvantage you for an item you currently have on the Renting Option, we’ll let you know and explain what rights you have.

24. Debt collection: If you fail to pay us money you owe us (for example, because your payment card is no longer valid and you have some of our items under the Renting Option), then we will need to initiate third party collection procedures via a collection agency as nominated at our discretion. You agree to pay our costs of collection (including but not limited to internal administration fees, legal costs, collection agency costs, and bank fees).

25. Your account means your responsibility: You agree and acknowledge that you are completely responsible for any and all activity, liability, and/or damage which has resulted from your failure to securely maintain your Circular account information and/or password. You additionally agree and acknowledge that you will securely protect your account information and password and make sure that this information is accurate.

26. Termination by you: These terms are effective unless and until terminated by either you or us. You may terminate these terms at any time by notifying us that you no longer wish to use our Services, and fulfilling your obligations (i.e. sending back all items we own), or, if you have no items to return, when you cease using our website.

27. Termination by us: If in our sole judgment you fail, or we suspect that you have failed, to comply with any part of these terms, we can cancel this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). This might mean we will require you to send back any items you’re renting from us, and if you don’t, we will charge you a Lost/Major Damage Fee.

28. Governing Law: These terms and your use of the Service is governed by and construed in accordance with the laws of New Zealand.

29. Entire Agreement: These terms constitute the entire agreement and understanding between you and us and govern your use of the Service.

30. Severability: If for any reason a term isn’t legally effective, all other terms will still be binding and we can replace the ineffective term with one of similar meaning that’s lawful and effective.

31. Your liability to us: If you breach these terms, you’ll be liable to us for it, except to the extent that we caused the loss. For example, if you haven’t paid us, you’re liable to us for the money you owe.

32. Our liability to you: If we breach these terms, we’ll be liable to you for it, except to the extent that you caused the loss. This might mean we have to put it right, or sometimes, that we owe you money. We’ll also be liable to you if we breach the law, e.g. where you have rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. But we won’t we liable to you for any loss that is caused by event that we don’t reasonably control, for example, because of an act of God, earthquake, terrorism, strike, shortage of suitable labour or materials, any third party provider, for any indirect or consequential loss, or for any loss of profits, revenue, data, business, goodwill or savings.

33. Limits on liability: Subject to clause 34 below, our liability to each other for breach of contract, negligence or any other circumstance arising out of or in connection with these terms is limited to the higher of the amount of charges in dispute, or $100. These limits are the maximum amounts payable (they’re not automatically payable if one of us does something wrong), and any claim for loss must be made within 12 months after the person making the claim becomes aware of the event. This limit doesn’t limit your responsibility to pay any outstanding charges you owe us. They also don’t apply when it comes to any loss or damage caused by you or us for fraud, wilful breach or wilful damage.

34. Nothing in these terms affects any rights you have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, except if you’re using our Services in a way that the Consumer Guarantees Act 1993 refers to as business use or for business transactions, then you acknowledge the provisions of that Act won’t apply to the services we provide to you.

35. Get in touch: If you have any questions about these terms or their content, please contact us at hello@circularstore.co.nz