Terms and Conditions of Purchase


  1. Courage My Love Limited with its office at 26B Koromiko Street, St. Martins, Christchurch 8022, registered in New Zealand under company number 4070478 including its permitted successors and assigns (“CML”)
  2. The Purchaser


A    CML is the seller of the Products specified herein.

B    The Purchaser wishes to purchase the Products and the parties enter into this Agreement to record the terms of this purchase.


  1. Definitions

“Agreement” means the terms and conditions of purchase set out herein, including any Schedule and any other document specifically referenced in this Agreement or in any Schedule;

“Delivery” means the transfer of physical possession of the Products to the party completing the delivery;

“Delivery Terms” means the delivery terms specified in on CML’s website or as otherwise specified by CML.

“Payment Terms” means the Payment Terms specified in this Agreement;

“Price” means the price at which the Purchaser is to buy the Products as specified on CML’s website;

“Products” means the Products that the Purchaser has chosen from CML’s website;

“Purchaser” means the Purchaser of the Products

“Website” means the website on which you are viewing these terms (i.e. on the domain couragemyloveclothing.com)

  1. Purchase of Products
    • The Purchaser agrees to purchase the Products from CML for the Price.
    • The Purchase of the Products, or the agreement to purchase the Products in any manner, by the Purchaser is deemed acceptance of this Agreement.
  2. Gift Cards
    • Promotional Gift Card Giveaway items are subject to special terms detailed on the promotional gift card’s product page. For exmple, free giveaway gift cards must be redeemed by someone (the recipient) other than yourself (the buyer). Please check the terms on the Gift Card Giveaway product page carefully for its applicable rules. Failure to abide by these rules will void the gift card and may void any purchase it has been used as payment toward.
    • Standard Gift Cards are available in various denominations for purchase on the site. The following terms apply:
      • In order to purchase a Gift Card, you will need to register an account with us through our Website.
      • Gift Cards purchased through our Website will be delivered automatically by electronic means to the recipient email address you specify at the time of order.  Our Gift Certificates include a unique identification number.
      • The card can be used by anyone in possession of the card’s unique identification number. This unique number should be looked after like cash.
      • Our Gift Cards must be redeemed on our Website, as full or part payment of products from our Website.  A Gift Certificate cannot be used to purchase a further Gift Certificate.
      • If the card is used toward a purchase worth less than the remaining balance on the card, the difference will continue to be available for use (up until the cards expiry date).
      • You can check the balance of the Gift Card by logging into your account (please note, this only applies if you register for an account).
      • Gift Cards may only be redeemed against products purchased in the same currency as the Gift Card (NZ$).
      • EXPIRY DATE: All standard gift cards must be redeemed within 12 months (1 year) from the day of purchase.
      • Gift cards are not redeemable for cash.
      • Gift cards are non-refundable.
      • When ordering a Gift Card, you should ensure to enter the recipient’s email address correctly.  We cannot be held responsible if the address is entered incorrectly and someone other than the intended recipient uses the Gift Card.
      • Where Products purchased online with a Gift Card are returned, monies owing will be refunded by a Gift Certificate.
      • Site offers and promotions (including gifts with purchase and discounts) do not apply when purchasing gift cards.
      • If you loose your gift card number, please contact us and we will try help you recover it.
      • We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission and we are under no obligation to replace it in these circumstances.
  3. Payment
    • Payment will be made by the Purchaser to CML via the payment process specified on CML’s website, which the Purchaser unconditionally agrees to.
    • Payment will be deemed to be made only upon receipt by CML of the entire sum, in accordance with the Payment Terms.
    • Without prejudice to CML’s rights as set out in this Agreement or otherwise, if the Purchaser is in breach of the Payment Terms, CML may delay the performance of its obligations under this Agreement until payment is received in full.
  4. Delivery and Risk
    • CML will undertake commercially reasonable endeavours to deliver the Products in accordance with the Delivery Terms.
    • The Products will be at the Purchaser’s risk immediately on Delivery.
  5. Inspection of Product and Use
    • The Purchaser shall inspect the Products and shall notify CML, in writing, of any deficiencies within seven (7) days of receiving the Product. The Products shall be deemed to have been accepted if notice is not received from the Purchaser within the seven (7) days.
    • The Purchaser will carefully follow the Product handling and use instructions, as shown on the tags on the Products (in English), and on CML’s website or as otherwise notified by CML.
  6. Labels
    • The Products will conform to the applicable sections of the Standard AS/NZS 1957:1998 Textiles-Care labelling under the Consumer Information Standards (Care Labelling) Regulations 2000.
  7. Product Warranty
    • Subject to clauses 7.2 and 8, CML warrants the Products to be free from defects in material and workmanship. Any Product that proves to be defective within 12 months after the date of Delivery shall be repaired or replaced, at the sole discretion of CML.
    • The Purchaser must promptly send to CML a notice of defect confirming that the Product has been correctly cared-for and handled in accordance with CML’s written instructions, along with the original Product with all labels and tags still attached.
    • The Purchaser shall pay all expenses of returning the defective Product to CML for inspection and all expenses of CML returning the product to the Purchaser.
    • The warranty as set out in this clause 7 is CML’s sole warranty and liability to the Purchaser in respect of the Products, and is in lieu of all other warranties, conditions, representations, express or implied, statutory or otherwise, whether expressed or implied, including any warranty for quality or fitness for purpose.
  8. Exclusions from Warranty
    • CML will not be liable under clauses 6 and 7 of this Agreement to the extent the Products have been exposed or subjected to any:
      • maintenance, repair, handling, packaging, transportation, storage, or use which is improper or otherwise not in compliance with CML’s instructions;
      • alteration, modification or repair by anyone other than CML or those specifically authorized by CML;
      • accident, contamination, foreign object damage, abuse, neglect or negligence by the Purchaser or a third party;
    • CML provides no warranty or assurance of any kind that any sizing guidelines provided by CML are correct or suitable for any Purchaser.
    • The parties acknowledge and agree that there may be variations in the fabric used to manufacture the Products. CML accepts no responsibility for any such variations and will not replace any Products that show reasonable variations as decided by CML in its sole discretion.
    • CML does not claim that the Products will comply with any standards or laws of any kind other than those applicable in New Zealand. The Purchaser indemnifies CML with regard to any other costs, claims or liability of any kind with regard to the Products.
  9. Liability
    • CML’s total aggregate liability to the Purchaser arising under or in connection with this Agreement or any breach or non-performance of it (including by reason of CML’s negligence) in contract, tort, under any indemnity or otherwise shall be limited to a sum equivalent to the price paid for the Products by the Purchaser.
    • Neither party shall be liable to the other for any loss of profit, revenue or goodwill nor for any indirect or consequential loss or damage arising out of or in connection with this Agreement or any breach or non-performance of it (including by reason of negligence).
  10. Force Majeure
  11. Both parties will be released from their respective obligations under this Agreement in the event of national emergency, war, prohibitive governmental regulation, or if any other event beyond the reasonable control of the parties or either of them renders the performance of this Agreement impossible.
  12. Delay
    • If CML anticipates that it will not be able to Deliver the Products in accordance with the Delivery Terms CML shall, without delay, notify Purchaser in writing stating the reason for the delay and if possible the new anticipated Delivery Terms.
  13. Intellectual Property.
    • CML shall retain all intellectual property rights used or created in connection with the provision, use or alteration of the Products.
  14. Governing Law
    • This Agreement is made in accordance with the law of New Zealand and will be interpreted in accordance with the law of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts.
  15. Dispute Resolution
    • If there is dispute between the parties arising out of, or in connection with, this Agreement, neither of the parties is to commence any proceedings relating to that dispute until the following procedure has been complied with:
      • A party to this agreement claiming the dispute (“Dispute”) has arisen under or in relation to this agreement must notify the other party as to the nature of the Dispute.
      • On receipt of that notice the senior management of both parties must endeavour in good faith to promptly resolve the Dispute.
      • If a binding agreement has not been reached as a result of good faith negotiations, the Dispute shall be referred to a single arbitrator in the case the parties can agree upon one within 7 days of the completion of the foregoing negotiations. Failing agreement on an arbitrator, the arbitrator shall be a person appointed on application of any party by the then President of the Canterbury Branch of the New Zealand Law Society or their nominee. Such arbitration shall be completed in accordance with and subject to the provisions of the Arbitration Act 1996. The decision of the arbitrator (including any decision as to which party shall bear the costs of the arbitration) shall be final and binding on the parties.
      • The parties agree that pending the final resolution of any dispute hereunder, neither of them shall make any press release, public announcement or statement concerning the subject matter of the dispute to any person or organisation.
  1. Entire Agreement / Supersedes Prior Agreements
    • This Agreement constitutes the whole agreement between the parties in relation to the.
  2. Waiver
    • The failure by CML to enforce at any time or for any period any one or more of the terms or conditions of this Agreement is not a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
  3. Amendment
    • This Agreement may not be modified or amended unless agreed in writing by each of the parties, such amended terms to be attached as an Appendix to this Agreement.
  4. Notices
    • Any notice to be served on either of the parties by the other shall be sent to the other party by prepaid recorded delivery or registered post or by facsimile or by electronic mail and will be deemed to have been received by the addressee within 10 days of posting if the Purchaser is based outside New Zealand or 3 days if based within New Zealand, or 24 hours if sent by facsimile or by electronic mail to the correct facsimile number (with transmission confirmation) or correct electronic mail address of the addressee. Any notice served by electronic mail must be acknowledged by a return email, orally, or otherwise in writing.