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Terms and Conditions

Terms and Conditions for the Use of this Website

Introduction

This website is owned and operated by Bendon Limited (known together with its directors and employees as “we”, “our” or “us”) a New Zealand registered, and we are the supplier of the goods featured. The use of this website is governed by the policies, terms and conditions (the “terms”) set forth below.

You should only access and use this website once you have read, accepted, and agreed to comply with the terms. Your use of this website including for the purposes of placing an order, registering an account or signing up to receive our e-mails is deemed to be your acceptance of the terms. If you do not agree with any of the terms, do not access or use this website.

These terms shall supersede any subsequent terms or conditions included with any purchase order, whether or not those terms or conditions are signed by us.

Bendon Group Websites

The account you create in your use of this website can be used to make purchases across a range of websites that are owned and/ or operated by Bendon Limited and its related companies (the “Bendon Group”), including:

Bendon Lingerie
Australia: bendonlingerie.com.au
New Zealand: bendonlingerie.co.nz

Elle Macpherson Intimates
Australia: ellemacphersonintimates.com.au
New Zealand: ellemacphersonintimates.co.nz

Pleasure State
Australia: pleasurestate.com.au
New Zealand: pleasurestate.co.nz

Lovable
Australia: lovable.com.au
New Zealand: lovelovable.co.nz

Consent to Receive E-mails

By ordering product or registering on the website and agreeing to sign up to the e-mail marketing newsletter, you consent to being sent information via e-mail from the Bendon Group.

You can unsubscribe via a link in our e-mails, or by contacting our Customer Service Team and we will remove you from any marketing e-mail communications. If you opt out of receiving communications via e-mail, you will be removed from our e-mail database. However, your account will still be valid for your use.

You may contact us at any time and request your personal information or ask us to no longer use your personal information for marketing.

No Warranty or Representations

We make no warranty or representations about the accuracy, reliability, completeness or timeliness of the content on this website. The content of this website may contain inaccuracies or typographical errors. We have no liability for any errors or omissions and your use of this website and the content is at your own risk.

Binding Conditions and Variations

The terms of this website are legally binding. We reserve the right to make changes to this website and its terms at any time. You will be bound by the amended terms from the time that we post the updated terms on this website. You should visit this page before each access or use of this website and periodically to review the terms.

Exclusions and Limitations of Liability

We are not liable for any losses or damages caused by this website or any website linked to or from this website. All statutory or implied terms, conditions or warranties concerning the quality or condition of this website, or any goods, information, service, material, advice or recommendation supplied by us to you through this website, are excluded to the fullest extent permitted by law.

If we breach any term, condition or warranty which cannot lawfully be excluded at law, our liability for a breach of the applicable term, condition or warranty is limited to either, at our election: (a) the resupply of the goods you have purchased through this website on the purchase order in respect of which the claim arises; or (b) payment of the amount you paid us for those goods.

We will not be under any liability to you or any other person for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage (including indirect or consequential loss or damage,) however caused (including due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these terms.

We do not warrant that any of the functions contained in this website or your access to this website will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.

Indemnity

You indemnify Bendon Limited and hold it harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these terms, your access and/or use of this website or reliance on its contents or information received through it by you or any person accessing any content through you.

Links to Third Party Sites

We will from time to time publish links to third party websites on this website. Content, hyperlinks or information held on those other sites are not under our control.

We do not endorse any material on any linked sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose, or any other aspect of the material on any linked sites.

We do not warrant that the material on any linked sites does not infringe intellectual property rights of any other person. Any dealings you have with a linked site are at your own risk. We accept no liability for any act, omission or default, whether negligent or otherwise, or any loss or damage occasioned by such negligent act or omission, of any service provider or third party in respect to a linked site.

Copyright and Trade Marks

The content of this website including all information, text, graphics, names, logos, trademarks, brands, designs, software and advertisements ("content") are the property of Bendon Limited or an alternative owner and are protected by copyright, trademark and other intellectual property rights, unless expressly indicated otherwise on this website. You may access and display these pages on a computer or a monitor, and print out for your personal, non-commercial use any page or part of any page of this website. All other use, copying or reproduction (including reproduction or display on any other website by way of ‘framing’ or otherwise) of any part of this website is prohibited unless expressly stated otherwise and rights not expressly granted herein are reserved. You must not use this website in any manner or for any purpose which is unlawful, or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in this website should be construed as a licence or right of use of any trademark or copyrighted material displayed on the website without the express written permission of the owner of the trademark or copyright.

Viruses

We do not represent or warrant that this website and any other information or material contained in, downloaded or accessible from this website, is free from computer viruses, worms, trojans or any other harmful code which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your Order, to accept or decline your Order for any reason. We also reserve the right, at any time after receipt of your Order and without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the payment method used.

Deliveries

Bendon Group websites sell and deliver products only within Australia and New Zealand. We will accept payment from billing addresses outside of these countries but will only deliver products to addresses within. We may extend our service to provide for the delivery of our products to additional countries at a future time.

Payment Methods and Processing

We currently accept company Gift Cards and e-Gift Cards, Visa, MasterCard, American Express, and PayPal. Payment processing will not begin until we receive all the information we need. We process all payments after you click the "Place Order" button. For all payments we will e-mail a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
Please Note:
  • You may be required to provide further identification for additional security reference checks.
  • EziPay is currently not accepted in Australia or for online transactions in New Zealand.

Prices

We reserve the right to change prices for the products displayed on this website at any time before you place an Order. The price of products shown includes GST (if any) Any applicable charges for delivery or gift wrapping are highlighted at checkout.

Promotional Codes

Promotional codes are only available for use online at any of the website listed above under Bendon Group Websites, unless otherwise stated. To qualify for the promotion you will need to meet the purchase criteria and enter the promotion code at checkout. Each promotional code will have an expiry date by which you will need to redeem the offer. Promotion codes can only be redeemed once per customer and cannot be used in conjunction with any other offer. Promotional codes are applied to the product order value and exclude gift cards, e-gift card, gift wrapping and delivery, unless otherwise stated.

Supply of Your Products

Subject to these terms, we will supply to you the products indicated on your Order Confirmation. When your Order items have been dispatched, we will e-mail you to confirm dispatch of the products in your Order and will include a delivery tracking number for your Order.

Delivery of Your Order

Delivery time varies depending on the delivery address. For specific delivery time frames visit our dedicated Delivery page

We encourage you to visit My Account to view the delivery status of your Order. We use our reasonable efforts to deliver your Order according to the estimated delivery time provided, however, the estimated delivery times may change for reasons including those which are beyond our control. We do not guarantee delivery times and we will not be held accountable for late deliveries or for loss, or damage relating to late deliveries. If your Order has not arrived before the estimated delivery time, please contact us. Title and risk of loss to all orders will pass to you on delivery.

Unless otherwise agreed by us, we will deliver your Order to the delivery address indicated on your Order Confirmation.

The purchase of goods is subject to availability. In the event that multiple items are ordered, part deliveries may be made where stock is not available or stock is on back-order. If stock is on back-order you will be notified of this at the time you add the product to your shopping bag. All reasonable attempts to notify you will be made using the details you provided. Please ensure you enter the correct delivery address. We cannot be held responsible for incorrectly entered delivery addresses.

Acceptance of the Goods

You are responsible for inspecting Your Order for any faults upon receiving Your Order.

Returns, Exchanges and Refunds

We offer returns or exchanges for products that are of an incorrect size, colour, or other fault, as long as the return is received by us within 100 days of the date of purchase, proof of purchase is available, the returned products are in original condition and not worn or soiled.

Returned items must include all packaging, with tags still attached.

When returning an item your refund will be processed via the same payment method that was used for the original purchase.

Refunds for ‘change of mind’ purchases will require the customer to pay for return postage. This will be deducted from the refund amount if required. However, for product exchanges, a replacement for the product that you ordered will be sent to you, at our expense, after we have received your returned product.

The estimated delivery time for the replacement product will be the same as stated for the original product.

For more information please visit our dedicated Returns and Exchanges page.

Change of Address

We cannot be held responsible for an incorrect address being entered on your Order. Address Confirmation is shown on the checkout page and in the Order Confirmation e-mail If this is not noticed until after your Order is finalised, please contact us immediately. We will attempt to update any incorrect order details, however due to the fast turnaround of our warehouse, some orders cannot be adjusted.

Your Information and Our Privacy Policy

Please refer to our Privacy Policy for more information.

Credit Card Fraud

We employ Secure Sockets Layer (SSL) technology software for transactions completed on this website. We will not be responsible for any damages, or consequential losses (whether direct or indirect), suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Credit Card Information Security Policy

Bendon Limited uses the DPS Payment Express Payment Gateway for its online credit card transactions.
DPS processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service.

  • Payments are processed in real-time
  • Bendon Limited does not have access to your full card number, this credit card payment is secured by DPS
  • DPS have bank grade security. All transaction details are stored in their PCI-DSS compliant Data Centre
  • DPS Payment Express Software is certified with over 200 banks globally

Visit the DPS Payment Express website for more info on online credit card payments.

Fraud Protection or Prevention Procedures

When you place your Order by either Credit Card or PayPal you may be sent an e-mail from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. These information requests are sent to help protect Credit Card and PayPal account holders from online fraud. After verification, the information you submit will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 calendar days, your order will be cancelled and your payment will be refunded to the payment method you used.

Governing Law

These terms shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.

Termination

We may terminate these terms and your access to this website at any time without notice. In the event of termination you are no longer authorised to access the website. All restrictions imposed on you, disclaimers and limitations of liability set out in these terms will survive termination. We reserve the right to withdraw access to this website at any time without notice. You must terminate your link to this website if we request you to do so, either directly or by notice on this website.