Terms and Conditions

These Terms and Conditions (Terms) set out the terms and conditions on which Clever Products Limited (we, our or us) agrees to permit you to access our website, https://heycleverlittle.com, and any related websites or applications operated by us, (Website) and purchase Clever Little™ products from us (Products).

By registering on and/or using the Website and/or purchasing the Products, you and/or the entity you represent (you, your) agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms, you must stop using the Website and buying the Products. 

  1. Acknowledgement
  1. You acknowledge and agree that:
  1. all Products supplied by us to you are provided subject to, and shall be governed by, these Terms; and
  2. these Terms apply to the exclusion of any other terms and conditions which may appear on any purchase order or other documents that you may provide from time to time.
  1. If you register with us on behalf of a business entity or any other person, you represent that you have authority to bind that entity to these Terms.
  • Orders and delivery
        1. You may order the Products in accordance with the process set out on the Website. 
        2. The Products are only available in [New Zealand] to persons who can form legally binding contracts under New Zealand law.
        3. Our Products may have limited quantities and may not be available at all times. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.
        4. Upon our acceptance of an order, we will deliver the Products to you in accordance with the terms set out on the Website to the address you specified in your order.
        5. You will pay all costs associated with such delivery, unless specified otherwise on the Website.
        6. Delivery times given by us are estimates only, and we shall not be liable to you for any delay in the delivery of the Products.  For the avoidance of doubt, time for delivery of the Products shall not be of the essence. 
        7. You must communicate any shortfall of Products in a consignment to us within seven days of delivery of such consignment.  Failure to do so shall be deemed an acceptance of the Products.
  • Fees
        1. You agree to pay us the fees for the Products, as amended by us from time to time and either published on the Website or provided to you in writing. 
        2. We reserve the right to vary our fees at any time. We may correct pricing errors at any time. All fees are exclusive of any GST or other taxes, which you will pay in addition unless otherwise stipulated. 
        3. You agree to pay the fees in the manner we prescribe from time to time, including providing a direct debit authorisation to us if required by us. 
  • Subscription
  • If you register to purchase Products on subscription, your first order will be placed on confirmation of the start of your subscription.  Future orders will be placed by us based on the delivery schedule you choose for your subscription.
  • The date of delivery for your first subscription order is selected by you and future deliveries will be determined by the schedule you choose. Actual delivery times may vary based on your location, our Product availability and other circumstances impacting delivery out of our control.
  • Any changes you make to your orders may change the price of your subscription and we will communicate these changes to you when you have submitted the changes to your order.
  • The total price paid by you for the Products you order on subscription will be communicated to you and will be payable in advance together with the costs and expenses of delivery.
  • Your subscription will remain in place unless you give notice of termination. You can terminate your subscription at any time by logging into your account, but if you terminate your subscription and reactivate at a different time, the price for the reactivated subscription may be different to the price in effect for the plan at the time of termination.
  • We reserve the right to refuse or cancel subscription orders at our sole discretion. If we do this, you will only be charged for subscription orders that have been shipped to you.
  • Risk and title
  • Risk in the Products shall pass to you once they are delivered to the address you specified in your order.
  • Title in the Products shall not pass to you until such time as all Products supplied to you by us have been paid for in full.  
  • Intellectual Property Rights
        1. You acknowledge that we own all patent rights, copyright, trade marks, design rights, confidential information and other intellectual property rights in or relating to the Products, our Website and any documentation provided by us to you (Intellectual Property).  
        2. You agree not to claim any right, title or interest in or to the Intellectual Property, nor to copy, reproduce, use or disclose to any other person any of the Intellectual Property without our prior written consent.
  • Defects
        1. You must contact us immediately if there is an error or omission in any of the information within the Website, or if you have any issue with any other user of the Website. 
        2. In the event of any defect in the Products, to the maximum extent permitted by law, our sole obligation, and your sole remedy, shall be for us to replace the defective Products with non-defective Products.  All defects must be notified to us within 7 days following delivery. 
  • No Warranties
        1. Clause 7 sets out our sole obligation to you, and your sole remedy against us in relation to the Products, and apart from any condition or warranty implied by statute which cannot be excluded, restricted or modified by these Terms, we exclude all express or implied warranties in respect of the Products including, but not limited to, implied warranties as to merchantability or fitness for a particular purpose.  
        2. All statements, technical information and recommendations about the Products are believed to be reliable, but do not constitute a guarantee or warranty.
  • Maximum Liability
      1. In no event shall we be liable (whether in contract, tort, negligence or in any other way) to you for:
        1. loss of profits or savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or
        2. loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, 

    arising directly or indirectly from any Products supplied by us to you, even if we had been advised of the possibility of such damages.

    1. In no event shall our total liability under any claim of whatever nature arising directly or indirectly from the Products supplied by us to you exceed the price paid by you for the specific Products to which the relevant claim relates.
    2. None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.
  • Privacy policy
  • Your privacy is important to us. We may gather, use and disclose information about you in accordance with our privacy policy, which may be found here. Our privacy policy forms part of these Terms, and by using the Website you agree to our privacy policy. 

  • Information
      1. You agree that you are responsible for keeping the information connected with your account up to date. 
      2. You agree that, when you register on our Website, order any Products, and whenever you provide us with any information or materials, either through the Website or in any other way:
    1. you have all the rights necessary to provide the information and materials to us; and
    2. for any personal information you provide to us about any person, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and to provide the Services.
    1. We are not responsible if any information provided on the Website is not accurate, complete or up-to-date. We provide the information on our Website for general information only and it should not be relied on or used as your sole basis for making decisions. You should consult with primary sources of information, and if you choose to rely on information we provide on this Website, you do so at your sole risk. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
    2. From time to time there may be information on our Website that contains typographical errors or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website is inaccurate.
  • Details
      1. You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.
      2. You agree not to: 
    1. post false, misleading, obscene or defamatory material on our Website;
    2. impersonate another person; 
    3. use a false name or a name you are not authorised to use; 
    4. create a false identity or provide a false address or email address; 
    5. be misleading as to the identity or origin of any communications; or
    6. use the Website or the Services for any illegal purpose.
  • Security
        1. We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.
        2. You are responsible for keeping your login information, including your email address and password, secret and secure. You agree not to permit any other person to use your name or access your account and not to disclose (directly or indirectly) any information that may allow another person to gain access to your account. 
  • General
      1. We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.
      2. Your continued purchase of Products or use of our Website will constitute your acceptance of any changes or revisions to these Terms.
      3. Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
      4. These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

    Last updated [November 2020]