LEGAL TERMS

RETURNS

Summary of our Refund Policy

Havana Brown wants all our customers to receive high-quality products. If there is something wrong with the product you have received or if your delivery is the wrong product, please contact us. If you send us an email, please include as many details as possible including your order number as well as a picture if there is something wrong with one of the pieces.

Subject to our Legal Terms and Terms of Service, if you are not completely satisfied with your purchase we will exchange or issue a store credit provided you return it in its original packaging within 14 days from the date of purchase, unworn and in its original condition with receipt. Christmas orders will receive a size exchange extension until the 20th January.

However, please note that we are not required to give a refund or exchange purely for change of mind.

Sale items can’t be exchanged and refunded for change of mind. When we receive the product, we will replace the product with a new one, issue a store credit, or if the item is faulty and unable to be replaced we will refund the value of the product but not the original freight. You must pay the freight to return the goods and this must also be arranged by yourself. The goods are your responsibility until they reach our studio. Please ensure you pack the return safely to prevent any damage to the item.

Havana Brown complies with the standards set by New Zealand Consumer Laws.

Havana Brown Legal Terms

These terms and conditions apply to the use of this website and in accessing or using or browsing this website and/or purchasing goods and/or services from this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, then you must refrain from using this website.

For the purposes of these terms and conditions, "this website" shall mean www.havanabrowndesign.com. "We", "Havana Brown" and "Havana Brown Design Limited" and "you" the "customer" the user of this website or our services.

Restricted use of materials on the site

All content on this website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of Havana Brown Design Limited, and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print.

Any other use of content on the website, including but not limited to the modification, distribution, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the website, or use of the website for purposes competitive to Havana Brown, is 100% prohibited. You agree to abide by all additional restrictions displayed on the website as it may be updated from time to time. Havana Brown retains full and complete title and rights to the material provided on the website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Havana Brown's sole discretion.

You may not use contact information provided on the website for unauthorised purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the website or to surreptitiously intercept any system, data or personal information from the website. You agree not to interrupt or attempt to interrupt the operation of the website in any way. Havana Brown reserves the right, in its sole discretion, to limit or terminate your access to or use of the website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Havana Brown may be entitled at law or in equity.

Design rights

Havana Brown Design Limited retain the rights to all designs created including but not limited to all custom and bespoke design pieces, edit and collection pieces and the designs for clients creating an original setting to make, reproduce and display.

Purchase terms

When placing an order from us (Havana Brown), you, the customer are making an offer to purchase goods or acquire services subject to the terms below. Orders are subject to availability and confirmation of price at the time of purchase. Havana Brown reserves the right to accept or reject an order for any reason at any time.

Payments

Upon ordering a bespoke work, 50% of the cost of the goods or services is required as a deposit to cover costs of Havana Brown in designing, testing and preliminary work. The deposit is not refundable or transferable to other orders for change of mind. The balance of the price must be paid upon Havana Brown notifying the customer that the goods are ready for collection or shipping.
Havana Brown has a repairer’s lien over any goods left in its possession to secure payment of monies owing to it.

Customer supplied items

Metal, pieces, stones, jewellery and other items (materials) are accepted by Havana Brown at the risk of the customer.
The customer accepts responsibility for maintaining insurance cover for loss or damage to the materials and will ensure that the insurance includes a waiver of all claims against Havana Brown.
While Havana Brown will take reasonable care of the materials while within its possession, the customer waives all rights against Havana Brown and releases Havana Brown from all liability, if the materials are lost or damaged for reasons beyond Havana Brown’s reasonable control.
The customer acknowledges that stones and metal in the materials may have deteriorated with time or may have unanticipated flaws or defects which are not apparent on initial examination (inherent defects).
The customer accepts that incidents may occur in manufacturing, repairs, resetting, cleaning or servicing of the materials which are not reasonably foreseeable and not caused by any fault of Havana Brown (incidents).
In the case of inherent defects or incidents leading to loss or damage, the customer accepts responsibility for the cost of rebuilding settings, replacing stones or other work to fix the materials or address the incident.
The customer consents to testing and valuation of the materials and agrees that a valuation obtained by Havana Brown will be conclusive as to the value of the materials for any claims.

Customer acceptance of goods

Upon receipt of the goods, the customer must inspect them and immediately notify Havana Brown in writing if there are any defects or if they fail to be of acceptable quality or they failed to meet any written specifications accepted by Havana Brown.
Having regard to the artistic nature of the products and variations in materials, any specifications in relation to the goods must be regarded as approximate only and if the customer approves any sample, design or description of the goods, this is on the basis that the customer will accept minor variations to the end product.

Faulty and damaged goods

While we make every attempt to ensure your goods arrive in undamaged condition, occasionally this does not happen. You must contact Havana Brown at hello@havanabrowndesign.com or +6421517848 within 48 hours of receiving the goods to advise us that they are damaged or in faulty condition. We will then provide the postage details for the return of the faulty or damaged goods, which will be at no charge to you.

Entitlement to refunds

Our goods come with guarantees that cannot be excluded under New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Please note, stones may show natural discolouration or other natural variations that are not manufacturing or quality defects. Havana Brown’s decision regarding minor problems is final.
If you choose to receive a refund for goods with major defects/unacceptable quality, we will endeavour to process that refund within 14 days of receiving the goods, subject to any bank processes.
Refunds are not available for a change of mind.
If you elect to receive a replacement for goods with major defects/unacceptable quality, those items will be sent to you as soon as practicable after we receive the returned goods. If we are out of stock of any replacement item, or that item has been discontinued, we will endeavour to contact you to discuss the matter.
If the item is discontinued, we may suggest alternative goods as a replacement. If you decide to accept an alternative item, you must pay any additional costs over the cost of the returned item, or if the cost of the alternative item is less than the returned item we will refund the difference to you.

Promotion and sale items

From time to time, we may offer certain goods as “promotion” or “sale” items (Promotion Items) with a discounted price. Often, Promotion Items contain minor flaws or damage.
You acknowledge that, by purchasing a Promotion Item, you accept that the Promotion Item is sold “as is” and that the discounted price of that item fairly reflects any flaws or damage it may contain. Therefore, Promotion Items are not eligible for refund or replacement, other than as required by law (such as in the case of an obvious manufacturing fault).
Purchases of Promotional Items is limited to 1 per item per purchaser unless we indicate otherwise.

Exclusions of liability and disclaimers

Other than in relation to consumer guarantees where liability cannot be limited or excluded, Havana Brown will have no liability to the customer for any loss of, or damage to goods, or failure in the provision of, or inadequacy of, services and all other conditions or warranties that may be implied by common law or statute are excluded.
Havana Brown will use its reasonable endeavours to complete or deliver the goods by the estimated delivery date and will not be liable for any losses arising from late or part delivery of the goods. Later delivery of the goods does not entitle the customer to cancel any order.

Shipping

International packages may be subject to import duties and taxes upon delivery to your destination. Shipping quotes exclude duties, taxes and any other additional surcharges. Havana Brown is not responsible for the cost of clearing your items through customs. All receiving customers are responsible for these fees and the payment is non-refundable. Havana Brown cannot refund import duties, taxes or surcharges on international deliveries.
Note that even for countries which we will deliver to, there may be specific exclusions relating to individual items or restrictions on certain items dependent on the country of export/import. Havana Brown will have no liability to the customer for any specific exclusions or restrictions.
Havana Brown is not responsible for delays caused by adverse weather conditions or the customs clearance process. In the case that our carrier is unable to deliver a package due to an incorrect address entered by you, your refusal to pay duties, taxes and surcharges, multiple failed attempts to reach you at the point of delivery, or otherwise, Havana Brown is not responsible for payment of return shipping costs or costs to resend the package. The customer is responsible for all shipping costs associated with returned packages due to failed delivery.