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General Conditions of Sale
General Conditions of Sale

General Conditions of Sale

1. General provisions

2. Identification of the vendor

3. Information on Products and their availability

4. Pricing

5. Execution of the contract

6. Sale purchase policy

7. Method of payment

8. Transport and delivery 

9. Dispatching and delivery confirmation

10. Delivery time frames

11. Return and exchange of Products 

12. Statutory consumer rights

13. Guarantee of authenticity and intellectual property rights

14. Contacts


1. General provisions 

1.1. These general conditions of sale (hereinafter, “General Conditions”) apply to all distance sales of Magnoli Clothiers products (“Products” or “Product”) carried out through the website (”Website”). 

1.2. Distance selling of Products under these General Conditions is only available to consumers (”Clients” or ”Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18. 

1.3. The language used to enter any contract of sale through this Website is English. 

1.4.* Clients are required to carefully read and understand these General Conditions, which are available on the Website, to enable Clients to understand and accept the terms and conditions under which the Products are made available and sold. A copy of the General Conditions will be sent to the Client by Magnoli Clothiers  according to Section 5.11 below. Contracts of sale executed with the Clients will be archived by Magnoli Clothiers  for any retention period required by applicable law. 

1.5. Magnoli Clothiers reserves the right to add, vary or amend any of these General Conditions from time to time without prior notice to the Client. Magnoli Clothiers may update the General Conditions by updating this page from time to time, and in its sole discretion. A purchase made through the Website will be subject to the version of the General Conditions that was in force at the time of Magnoli Clothiers accepting the relevant order proposal in accordance with Section 5 of these General Conditions. 


2. Identification of the vendor 

2.1 The vendor is Magnoli Clothiers Limited, 26 Bignell Street, 4501,  New Zealand


3. Information on Products and their availability 

3.1. Information on Products (along with the relevant Product codes) is available on the Website. Pictures and written description of the Products displayed on the Website may not exactly correspond to their actual appearance. (For made to measure items, we have to source materials and sometimes the exact original materials are not available. We will strive to make these as close as possible.) The style, models and colours of the Products described on the Website may be changed without notice. 

3.2. All Products on the Website are subject to availability. Magnoli Clothiers will inform the Client if an order proposal cannot be processed due to the unavailability of the relevant Product. Magnoli Clothiers is not liable towards the Client in case of unavailability of the Product prior to the execution of the contract

3.3. For further information about any Product and its availability, the Client may contact us via phone 64-6-344-7483, or by email at 

3.4. In no case Magnoli Clothiers shall be liable for errors occurred due to failure of the Client’s connection to the Website. 


4. Pricing 

4.1. The prices of the Products are indicated on the Website in United Stated Dollars (USD). Delivery costs shall be added to the price of the Products and are indicated separately on the order form. Delivery costs are waived when free shipping is promoted on the Website. Delivery cost does not include duties, taxes and charges.

4.2. Magnoli Clothiers regularly verifies that prices of the Products displayed on the Website are correct; however, Magnoli Clothiers  cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Magnoli Clothiers  shall refuse the order proposal and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order proposal has been accepted, Magnoli Clothiers  will also offer the Client the opportunity to cancel the order. If Magnoli Clothiers is unable to contact the Client (no response after 30 days), the order proposal will be canceled without additional prior notice. 


5. Execution of the Contract 

5.1. The information displayed on the Website (including the price and essential characteristics of Products) is an invitation to treat and does not represent an offer by Magnoli Clothiers. 

5.2. Depending on availability, purchases may be made either directly through Magnoli Clothiers, or by email at

5.3. Before submitting an order proposal through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the statutory consumer rights and the privacy policy statement), along with these General Conditions. 

5.4. To purchase a Product electronically through the Website, Client must (i) include the selected Product in the “Shopping Cart” by clicking on the relevant button, (ii) fill in the order proposal form, (iii) select the payment modality, (iv) accept the General Conditions and (v) send the order proposal to Magnoli Clothiers through the Website. To purchase a Product by email or phone, Clients may contact our online personal shoppers in accordance with Section 5.2. 

5.5. Sending of the order proposal constitutes an offer with respect to the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the withdrawal right under Section 10). The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the relevant Product(s) if the order proposal is accepted by Magnoli Clothiers in accordance with Section 5.9. 

5.6. Any error/change in data entered by the Client in the order proposal may be corrected by the Client, by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Cart”). 

5.7. Magnoli Clothiers reserves the right to contact Clients to verify order details once an order proposal has been received. Confirmation of the Client and order details may require the Client to provide additional information and proof of identification, written and/or verbal. If verification is needed, an online personal shopper will contact the Client on their provided email address. If for whatever reason the Client cannot be reached within 30 working days, the order proposal may be canceled without additional prior notice. 

5.8. An order proposal may be refused by Magnoli Clothiers (provided that no consideration shall be due by the Client to Magnoli Clothiers, with the sole exception of those sums mentioned under Section 7 below, if any) within 5 days at its sole discretion, including in case of: 

(i) the Products being not available (with no prejudice to the provision set out under Section 3.3); 

(ii) the order is associated with fraudulent or illegal activities (whether actual or suspected) 

(iii) the Client is purchasing the Products for resale purposes; or

(iv) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Magnoli Clothiers. 

5.9. The contract between Magnoli Clothiers and the Client is deemed to be executed upon receipt by the Client of the acceptance by Magnoli Clothiers of the order proposal sent through the process set out on the Website. You will receive an email with the subject "order process" to indicate Magnoli Clothiers have accepted your order.

5.10. In case of unavailability of one or more of the relevant Products, Magnoli Clothiers will send the Client an email duly informing him/her about the matter. In this case the order proposal will be canceled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products. 

5.11. The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, and a copy of these General Conditions, which contain information on the conditions and methods to cancel an order, the address to which complaints may be addressed, information on support services and on existing commercial terms. If the Client’s order pertains to one or more customized Products, the Client may not cancel the order proposal after the Order Confirmation is sent out by Magnoli Clothiers.

5.12. The ownership of, and the risk of loss of or damage to, the Products shall pass to the Client when the Client (or a third party acting on behalf of the Client, and other than the Courier) has accepted the physical possession of the Product. 

5.13. If a fraudulent payment has been made in which the card holder didn't authorize the payment, it is the card holders responsibility to contact us as soon as possible so that we can cancel the payment. We cannot cancel the payment if the order has been shipped for instock items or material cut for made to measure items. 


6. Sale purchase and return policy 

6.1. During sale periods on the Website, Clients making purchases on sale products are subject to the following conditions:

(i) Subject to point (ii) no exchanges or refunds are available on made to measure sale items. They are only available for instock sales items. Clients are advised to make their selections carefully. 

(ii) Remakes for made to measure items will be only accepted and processed if the item is deemed faulty, defective, or otherwise wrongly described. Any faulty item claim must be made within a reasonable time frame of receiving the goods, and is  subject to the thirty(30) day return time frame. Returns for refunds are not accepted for made to measure sale items. 

(iii) To raise a request for a return or an exchange according to the conditions of point (ii), please follow the instructions and conditions outlined in Sections 10. ‘Return or exchange of products’

(iv) At Magnoli Clothiers, we endeavor to ensure that our pricing is accurate and current. For the conditions relating to pricing, please refer to Section 4. ‘Pricing’. 

(v) Please be advised that during sale periods of Instock items, orders can take up to 3 business days to process and ship from the day the order proposal is submitted. If verification of Client and order details is necessary, as per Section 5. “Execution of the contract”, Paragraph 5.9, and the client is not contactable, this may cause further delays with order processing. For Made to measure sale items please look at Made to measure process section on site. The time frames vary from 2-9 months depending on the item ordered. 

(vi) Availability of sale products is subject to Section 3. Information on Products and availability, Paragraph 3.3. 


7. Method of payment 

7.1. Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be paid by the Client by credit/ debit card on the website or Paypal via email)

7.2. Magnoli Clothiers accepts payments made with the following credit cards: 



American Express; 


Diners Club;

7.3. The transactions will be debited from the Client’s credit card only after: 

(i) the credit card data has been verified. Magnoli Clothiers reserves the right to contact Clients to verify order details once an order proposal has been submitted. Confirmation of the Client and order details may require the Client to provide additional information and proof of identification, written and/or verbal. If verification is needed, an online personal shopper will contact the Client on their provided email address. If for whatever reason the Client cannot be reached within 30 working days, the order proposal may be canceled; 

(ii) the authorization to debit the card has been received from the issuer of the card used by the Client; and 

(iii) the availability of the Product has been confirmed by Magnoli Clothiers. 

7.4 No debit shall be made at the moment of transmission of the order proposal.

7.5. Except in relation to customized or Made to Order Products, payment shall be due at the moment the order is ready for shipment. In the case of customized or Made to Order Products, the Client can either pay the full amount on the website when ordering or with a payment plan via email. If the client wishes to pay via payment a 20% deposit is required to start the order. The client can pay the remaining amount at confirmation of completion of the order. 

7.6. In the event that, for any reason, it is impossible to debit the amount due by the Client (or to have the cleared funds received on Magnoli Clothiers bank account, in case of bank transfer) by the payment due date, the contract will not be executed and the order will be canceled without additional prior notice to the Client. 

7.7. There is a 5% cancellation if requested within 1-3 days of ordering. If you wish to cancel after 1-3 days of ordering to production Queue there is a 8% cancellation fee. If the made to order item is a custom commissioned item, where we had to do design work on the item there is a 20% cancellation fee.  Made to order sale items cannot be canceled beyond that point. 


8. Transport and delivery 

8.1. Products shall be delivered to the address indicated by the Client in the order proposal. Products may not be left unattended, despite permission of the Client to do so. Magnoli Clothiers will not deliver to PO boxes for made to measure sale items.  

8.2. For each order, Magnoli Clothiers shall invoice the Products by email or by post to the Client, pursuant to any applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued. 

8.3. Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice. Delivery costs are waived when free shipping is promoted on the Website. 

8.4. The purchased Product shall be delivered by a courier service (hereinafter, “Courier”) for made to measure sale items and the selected method for instock items. 

8.5. At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to verify: 

(i) that the number of items being delivered corresponds to that indicated on the delivery note; and

(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner. 

Any damage to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note, and reported to Magnoli Clothiers by contacting us preferably via email. 

8.6. If your order consists of multiple items, these items may be sent and charged separately. 

8.7. The package has been delivered if the tracking (and or the courier provides proof of delivery) states that the package has been delivered to the address. Once it has been delivered it is no longer ours or the courier responsibility. We will not be held liable. 


9. Shipping confirmation 

9.1. Magnoli Clothiers shall send to the Client a shipping confirmation via email once the Products are dispatched. 


10. Delivery time frames 

10.1. To estimate the total delivery time see Shipping & returns section on the site. 

10.2. Magnoli Clothiers shall not be responsible for any delays caused by carrier services.


11. Return or exchange of Products 

11.1 Without prejudice to the Client rights according to Sections 12 below, Magnoli Clothiers allows the Client to return or exchange Products purchased at full price on the Website within 30 (30) days of the date products were received, pursuant to the following procedure: 

(I) a. Items must be in their unused, original condition;

b. Return tags, where included, must still be attached to the item/s, as well as any other original tags.

c. Incomplete, damaged, worn or soiled items will not be accepted;

d. Intimate apparel, swimwear, and earrings are excluded from this policy for hygiene reasons;

e. The right to return or exchange Products under this Section 11 does not apply to personalized, Made to Order or customized Products.

(II) Once the Product is received, the Client shall promptly contact Magnoli Clothiers by email at

(III) No later than 30 (fourteen) days from the date of delivery of the Product can a return or exchange request be made. The Product to be returned or exchanged must be returned by the Client to Magnoli Clothiers in its original condition. The Product must be accompanied by the original Magnoli Clothiers packaging, and further sealed in a suitable alternative box or shipping bag, along with the labels attached to the Products and the form. The Client may return the Products to Magnoli Clothiers by:

a.    sending the Products by Courier to a Magnoli Clothiers address (which will be provided at when the return is requested). Delivery costs for returning the Product shall be borne by the Client;; or

b.    taking the Products into our location.

(IV) If there is no error or defect on the item a 5% cancellation fee + shipping cost will not be refunded. The amount paid by the Client shall be reimbursed by Magnoli Clothiers, through the payment system used by the Client for the purchase, within 14 (fourteen) days after the returned Product has been delivered to Magnoli Clothiers. Following the reimbursement to the Client, an automated email will be sent to the Client on the email address provided in the order proposal, detailing the return of the Product. Once a reimbursement is performed, Magnoli Clothiers is not responsible for processing times of individual financial institutions. Clients should allow an additional 10-15 working days for the reimbursement to reach their relevant account once email notification is received. An exchange will be accepted by Magnoli Clothiers subject to the availability of the new Product requested. 

11.2. Magnoli Clothiers reserves the right to refuse returns of Products that do not comply with these requirements. 

11.3. The exchange will be processed by Magnoli Clothiers as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order. If the price of the replacement item(s) is less than the price paid for the returned Product(s), then the Client will receive a credit note from Magnoli Clothiers for the difference between the two prices.  If the price of the replacement item(s) is more than the price paid for the returned Product(s), then the Client will pay Magnoli Clothiers the difference between the two prices.  Shipping cost of the exchanged items is the responsibility of the client and will be charged to the client before dispatch.  

11.4 The right to return or exchange Products under this Section 11 does not apply to personalized, Made to Order or customized Products.

11.5 For more info on returns, exchanges and shipping see here.


12. Statutory consumer rights 

12.1. Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 (New Zealand Clients only). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. A major failure occurs when the goods are: 

(i) significantly different from the description, sample or demonstration provided; 

(ii) substantially unfit for their normal purpose;

(iii) unsafe; 

(iv) are such that a reasonable consumer would not have bought the goods if they had known about the problem. 

12.2. If a Product sold by Magnoli Clothiers is believed to be faulty, defective or wrongly described, or is otherwise not of acceptable quality or in breach of the Consumer Guarantees Act 1993, and the Client wishes to receive a refund, return or repair of the Product or seek any of its other remedies under the Consumer Guarantees Act 1993, the Client must immediately contact Online Support by email to

12.3. Unless otherwise agreed by Magnoli Clothiers and subject to the Consumer Guarantees Act 1993, all requests for repair, refund or exchange of any Products pursuant to Section 12.2 must be sent by the Client to Magnoli Clothiers together with the relevant goods at the address given via email, with appropriate proof of purchase (original invoice or gift exchange card) issued by Magnoli Clothiers and details of the Client’s name, address and telephone number. 

12.4. To the extent permissible by law, Magnoli Clothiers maximum aggregate liability to the Client (whether under contract, tort (including negligence), statute or otherwise) in connection with these General Conditions and the supply or use of the Products is limited to the cost of the Products (including any delivery charges). The previous sentence does not apply to any liability which cannot be excluded or limited under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (New Zealand Clients only). 

12.5. In the event that the Client is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 12, delivery costs for returning the Product to be repaired or replaced shall be borne by Magnoli Clothiers, as well as any costs related to the delivery to the Client of the repaired or replacement Product. 

12.6. For clients outside New Zealand we guarantee the same rights will be applied to you as set out in this section. 


13. Guarantee of authenticity and intellectual property rights 

13.1. Magnoli guarantees the authenticity of all Products purchased on the Website.

13.2. The Magnoli Clothiers” trademark, present in the Products, the relevant accessories and/or packaging, and marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and text protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the company of Magnoli Clothiers Limited. 


14. Contacts:

Magnoli Clothiers, Wanganui, New Zealand

NZ ph: 64-6-344-7483

e-mail address: