House Rules

House Rules

HOUSE RULES - PRIVACY POLICY + TERMS AND CONDITIONS

Updated 22 March 2023

When we say House Rules, it includes any and all of the following: Privacy Policy, Competition Terms, and general Terms and Conditions.  

At RUBY we value the relationship we have with you and respect your privacy. We're committed to protecting the information collected about you on our website, in RUBY stores and via our third parties, and we've detailed below how and why we collect, use, store and disclose this information, and how you can have your personal information removed from our records, in accordance with the New Zealand Privacy Act 1993 (Privacy Act), and, where applicable, the European Union's General Data Protection Regulation (GDPR).

 

GENERAL

  • RUBY terms and conditions policy follows the requirements of the Consumer Guarantees Act 1993.
  • By placing an order at .com or shopping at any RUBY store, you are agreeing to all RUBY terms & conditions and information on this page. We reserve the right to refuse orders if we feel our terms and conditions have been breached.
  • RUBY reserve the right to change any information on the rubynz.com website at any time.
  • Ruby Apparel Limited is based in New Zealand. All orders and transactions are covered by New Zealand law.
  • Unless otherwise specified, all amounts shown on the rubynz.com website are in New Zealand dollars (NZD$).

PAYMENTS

  • RUBY accepts the following forms of payment:
    • Visa
    • Mastercard
    • AMEX
    • PayPal
    • Laybuy
    • Afterpay
    • Shopify Payments
    • Bank Transfer
    • Apple Pay
    • Google Pay
  • All credit card transactions are securely processed by Shopify Payments.

CURRENCY OPTIONS

  • Products on the RUBY site can be viewed in NZD, AUD, GBP and USD.

PRODUCT DESCRIPTIONS

  • RUBY aims to be as accurate as possible when describing the products featured on our site. However, RUBY does not guarantee that the product description or other content on this site is 100% accurate, complete, reliable or error free and reserves the right to modify without prior notice.

COLOURS

  • Every effort has been made to portray the colours of our products that appear on this website as accurately as possible. However, colour accuracy depends on screen calibrations and standards. RUBY cannot guarantee that all screen display of colour will match the garment exactly.

GIFT CARDS

  • Gift cards can be issued in physical and digital form, which both work in the same way.
  • Gift cards are issued in New Zealand dollars (NZD$), for use online at rubynz.com and in store at any RUBY store New Zealand wide.
  • Gift cards are activated at the time of purchase and remain valid for a period of 12 months unless specified otherwise.
  • Whole or partially redeemed gift cards cannot be cancelled or refunded.
  • If the gift card is for a lesser amount than the desired purchase, the recipient is required to pay the difference at checkout via alternative payment methods.
  • Gift cards should be treated like cash and will not be replaced if lost or stolen. RUBY will not accept responsibility for lost or stolen gift cards.
  • Items bought with RUBY gift cards can be exchanged but not refunded.
  • If a gift card is used to purchase a faulty product that requires replacement, RUBY will repair or replace the product with one of the same size and style. If the product is no longer in stock, RUBY will provide you with a refund.
  • RUBY reserves the right to change these terms and conditions without notice.

DISCOUNT CODES

  • Sale and promotional offers are valid for a limited time only and cannot be applied to previous purchases.
  • Discount codes can only be used on full-priced RUBY or Liam products.
  • Discount codes cannot be used in conjunction with other offers or promotions.
  • All discounts are applied before shipping and tax.
  • Discount codes do not apply to shipping costs unless the discount code relates specifically to shipping.

CREDIT NOTES

  • Credit notes are issued in New Zealand dollars, for use on the RUBY website (rubynz.com) and in RUBY stores.
  • Once issued, credit notes expire after 12 months unless specified otherwise.
  • Whole or partially redeemed credit notes cannot be cancelled or refunded.
  • If the credit note is for a lesser amount than the desired purchase, the recipient can pay the difference at checkout via our usual payment methods.
  • The value of credit notes is defined by the amount spent at the time of purchase independently of sales, discounts, or promotions.
  • Items bought with credit notes can be exchanged but not refunded.
  • RUBY reserves the right to change these terms and conditions without notice.

COMPETITIONS

The following conditions apply to gift cards issued through competitions held on social media:

  • Prize offered as online store gift card.
  • Gift cards are valid for 3 months from date of issue.
  • Whole or partially redeemed gift cards cannot be cancelled or refunded.
  • No refunds or exchanges on items purchased with gift cards issued from competitions.
  • Gift card must be used in one transaction.
  • To be used on full price items only.

COMPETITION POLICY

  • By entering any RUBY competition instore, online or through RUBY’s social media platforms you agree to the following rules and RUBY’s terms and conditions:
    • Until the prize is awarded, RUBY retains the right to change the competition rules at any time;
    • RUBY reserves the right to have the final say on the competition;
    • There is only to be one competition entry per person; and
    • Winners will not be able to exchange prizes.

CLICK + COLLECT ORDERS

  • All click + collect orders that remain uncollected for four (4) weeks following the initial purchase will be shipped to the billing address provided within the order.
  • RUBY will make all reasonable attempts at contacting the purchaser to ensure that they receive their products.

RUBY LOYALTY PROGRAMME

  • RUBY Loyalty programme is free of charge and all of our customers are entitled to set up one account per person.
  • RUBY Loyalty Vouchers can be redeemed on all full price RUBY & Liam items in any RUBY store or online. You cannot redeem your RUBY Loyalty Voucher on items already discounted, as a deposit or payments against lay-bys, to purchase a RUBY Gift Voucher or in conjunction with any other offer.
  • You cannot earn loyalty points on purchases that are not paid in full or are returned.
  • RUBY Loyalty Vouchers cannot be transferred or refunded in cash. We reserve the right to adjust your account in the event of incorrect entries.
  • RUBY Loyalty Vouchers expire twelve months from your last qualifying purchase.

PRIVACY

  • Any data collected by RUBY will be erased after an extended period of inactivity to ensure a lowered risk of a privacy breach.
  • We collect the following information from you:
    • Name;
    • Email;
    • Address;
    • Shipping address;
    • Billing address;
    • Phone number;
    • Birthday ; and
    • Marketing opt in and SMS opt in.
  • The information that we collect is shared with Yotpo, Klaviyo, Shopify and Gorgias for our own usage.
  • Our customer information and data that we collect is protected via the following platforms Shopify, Klaviyo, Yotpo, Gorgias.
  • Ruby Apparel Limited is the controller of the personal data you submit and is responsible for your personal data under applicable data protection law.

SMS MARKETING

  • We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions.
  • By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.
  • Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.
  • If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
  • For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

PRIVACY NOTICE

  • We firmly believe in protecting your privacy and the security of your personal information. We do not rent, sell or distribute our customer base or newsletter subscribers to anyone. We also do not store your credit card details on our server, all credit card purchases are processed through a secure payment gateway.

DISCLAIMER

  • Ruby Apparel Limited is not responsible for purchases that are unable to be processed due to technical difficulties with the website or unavailability of products. RUBY shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access this website. This includes viruses alleged to have been obtained from the website, your use of or reliance on the website or any of the information or materials available on the website, regardless of the type of claim or the nature of the cause of action.

INTELLECTUAL PROPERTY

  • The content and design of this website and all products are copyright and belong to Ruby Apparel Limited. "RUBY" is a registered trademark.

QUESTIONS

  • If you have any questions, please email us at online@rubynz.com and we will use best endeavours to respond to you within 48 hours.

COMPLIANCE WITH THE CONSUMERS GUARANTEES ACT 1993

  • RUBY conforms with the Consumers Guarantees Act 1993 (‘the Act’) and ensures to the best of their ability that all products are of an acceptable quality as defined in the Act as being:
    • Acceptable in appearance and finish;
    • Free of small faults;
    • Fit for all the purposes it is normally used for;
    • Safe to use; and
    • Durable
  • All products will be delivered within a reasonable time, subject to any courier delays that may occur from time to time which are outside of RUBY’s control.
  • Your rights as a RUBY customer in the event of a minor defect within a product you have purchased are as follows:
    • We can repair it free of charge;
    • We can replace it with an identical product at no extra cost; or
    • We can give you a full refund.

COOKIES

  • A cookie is a small text file that is saved to and retrieved from your computer or mobile device. If you use our site and have cookies on your browser, we understand this as accepting our usage of cookies.

HOW RUBY USES COOKIES:

  • RUBY uses cookies to help provide the best experience for our customers. We may use temporary or permanent cookies when you access our website. We use both first- and third-party cookies to collect statistics and user data to optimise our site and to present you with relevant marketing material. Some third-party cookies are set by social media providers that we utilise and are independent of our control. These providers have their own separate cookie policy.

HOW LONG DO WE STORE YOUR DATA?

  • You can erase cookies from your computer or mobile device, or you can choose to disable cookies or to receive a notification each time a new cookie is sent from your computer or mobile device. Please note that if you choose to disable cookies, you will not be able to take advantage of all of our features.

We additionally learn and collect the following data from our website:

    • Your home store;
    • The date you joined;
    • Your total lifetime spend with us; and
    • Your preferred products (based off your previous orders).

WHO CAN ACCESS YOUR DATA?

  • We do not sell your data. Data that is forwarded to third parties we utilise is only used to provide you with our services.

WHAT ARE YOUR RIGHTS?

Right to access:

  • You have the right to request information about the personal data we hold on you at any time. You can contact online@rubynz.com who will be able to provide you with your personal data via e-mail.

Right to portability:

  • Whenever Ruby Apparel Limited processes your personal data, based on your consent or based on an agreement, you have the right to get a copy of your data transferred to you or to another party. This only includes the personal data you have submitted to us.

Right to rectification:

  • You have the right to request rectification of your personal data if it is incorrect, including the right to have incomplete personal data completed. If you have a RUBY account, you can email online@rubynz.com to edit your personal data. If you are a newsletter subscriber, you can update your subscriber information through the link in the footer of our newsletters.

Right to erasure:

You have the right to erase any personal data processed by Ruby Apparel Limited at any time except for the following situations:

  • You have an ongoing matter with Customer Service.
  • You have an open order which has not yet been shipped.
  • You have an unsettled debt with Ruby Apparel Limited.
  • You are suspected or have misused our services within the last four years.
  • You have made a purchase, we will keep your personal data in connection to your transaction for bookkeeping rules.

Erasure of any personal data withdraws the ability for Ruby Apparel Limited to trace previous proof of purchase and may prevent opportunity to exchange or refund an item.

Right to object to processing based on legitimate interest:
You have the right to object to processing of your personal data that is based on RUBY legitimate interest. RUBY will not continue to process the personal data unless we can demonstrate a legitimate ground for the process which overrides your interest and rights or due to legal claims.

Right to object to direct marketing:
You have the right to object to direct marketing. You can opt out from direct marketing by following the instructions in the footer of each newsletter.

HOW CAN YOU EXERCISE YOUR RIGHTS?

We take data protection very seriously and have dedicated customer service personnel who handle your requests in relation to your personal data and rights as stated above. If you have any questions, contact online@rubynz.com.

UPDATES TO OUR PRIVACY NOTICE:

We may update our Privacy Notice from time to time. The latest version of the Privacy Notice is always available on our website.