- APPLICATION OF TERMS
- These Terms apply to your use of the Website and to any order for, or purchase of, Products you make via the Website. By accessing and using the Website, or ordering or purchasing Products via the Website:
- you agree to these Terms; and
- where your access and use is on behalf of, or you order or purchase Products on behalf of, another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- If you do not agree to these Terms, you are not authorised to access and use the Website, or to order, purchase (or attempt to order or purchase) Products from us via the Website, and you must immediately stop doing so.
- These Terms do not apply to any purchase of any of our products you make via a third party, including any of our distributors located outside New Zealand. Our distributors are independent businesses. We suggest that you review the website terms of the relevant distributor before you acess and use that website or purchase products through that website. Our distributors’ websites include any subsite of www.bluntumbrellas.com (other than the /nz subsite) and any bluntumbrellas website with a top level domain other than .nz.
- We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, or ordering or purchasing Products from us via the Website, you agree to be bound by the changed Terms.
- We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
- These Terms were last updated on 24/05/2018
In these Terms:
Account ID means your email address and password combination that allows you to access certain parts of the Website
GST means goods and services tax, value added tax, sales tax or equivalent tax payable under any applicable law
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Product means any product advertised or purchased through the Website
Third Party Charges means any fees charged by third parties in relation to your transaction, including any taxes, duties or other liabilities imposed by any governmental agency (including any customs duty), credit card transaction fees and foreign currency conversion fees
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
We, us or our means Madeblunt Limited, New Zealand company, company number 1750232
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
- YOUR GENERAL OBLIGATIONS
- You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
- If you are given an Account ID, you must keep your Account ID secure and:
- not permit any other person to use your Account ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any unauthorised use or disclosure of your Account ID, by sending an email to email@example.com
- You must:
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
- You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to firstname.lastname@example.org
- To the maximum extent permitted under applicable law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
- When you place an order for Products via the Website:
- you confirm that:
- you are aged 18 years or over;
- you are legally entitled to purchase those Products;
- you are bound by these Terms in relation to that order, subject to our acceptance of that order;
- you are making an offer to buy the Products, and we are not bound by that order until we have accepted it;
- our acceptance of your order occurs when we issue you an email confirming receipt of your order; and
- you may not cancel or alter any order that we have accepted, in whole or in part, without our prior written consent.
- We reserve the right to accept or reject your order in whole or in part, or to cancel any order that we have accepted in whole or in part at any time prior to shipment of the Products, for any reason including, without limitation, the unavailability of any Products, an error in the price or the description of Products on the Website, an error in your order, or us not receiving payment in full. Where we cancel an order in whole or in part after we have accepted it, we will notify you of the cancellation by email and will refund your payment in accordance with clause 7.3a but will have no other obligations to you in respect of the order (or the cancelled part of the order, as applicable).
- Any time stated for delivery is an estimate only. We are not liable to you or any other person for any failure to meet a stated time for delivery and any such failure does not affect your obligation to pay for the Products.
- If you request us to deliver the Products to another person, or if a person other than you takes possession of the Products at your requested delivery address, that person takes possession of the Products as your agent and you remain fully liable to us under these Terms despite delivery to that other person.
- Risk in the Products passes to you when we deliver the Products to your designated delivery address in accordance with these Terms (whether or not you take delivery). If the Products are lost or damaged in transit, please contact us at email@example.com We will use this delivery information to make a claim against our shipping company. We will offer you the choice of a replacement or a refund, once we have received confirmation from our shipping company that delivery was not successful.
- Subject to our receipt in full of your payment for the Products, title in the Products passes to you on delivery.
- PRICES AND PAYMENT
- On placing an order for Products via the Website, you must pay:
- the price, shipping and handling charges for those Products stated on the Website;
- GST on any taxable supplies; and
- any applicable Third Party Charges.
- We accept payment via ShopifyPayments (Powerd by Stripe)
- We will refund to you an amount that you have paid to us, other than any Third Party Charges, only:
- where we have received payment from you in relation to an order (or part of an order) that we do not accept or that we cancel;
- change of mind within 30 days or at our discretion.
- as required by law.
We will remit any amounts payable by us to you by crediting the credit card from which your payment was made.
- We may recover from you all Loss incurred by us as a result of your failure:
- to take delivery when the Products are made available to you, including any storage costs; or
- to pay any amount payable by you under these Terms, including any costs of debt recovery.
- INTELLECTUAL PROPERTY
- We (and our licensors) own all proprietary and intellectual property rights in the Products, the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) and the Underlying Systems.
- You must not copy, reproduce, adapt, translate, reverse-engineer or make derivative works from the whole or any part of:
- the Products or their underlying designs or technology; or
- the Website or the Underlying Systems.
- Our warranty for the Product ( Product Warranty ) is set out at [ insert link ].
- Where any Product you have purchased does not meet the Product Warranty or any condition, warranty or gaurantee implied at law and for which we cannot exclude liability we will, at our cost, repair or replace the defective Product, or refund or offer you a reduction in the price of the Product, as set out in the Product Warranty and in accordance with our rights and repsonsibilities at law.
- If you are acquiring the Products for the purpose of a business, you agree that the Consumer Guarantees Act 1993 or other applicable consumer protection laws do not apply to the supply of the Products.
- Any repair, replacement or refund under clause 9.2 is conditional on you returning the Product to us.
- Where you reasonably believe that your Product does not meet the Product Warranty, or you have received an incorrect Product, please contact us at firstname.lastname@example.org and we will arrange with you the process for:
- returning the Products to us; and/or
- determining if the Product Warranty applies; and/or
- providing you with any remedy to which you may be entitled.
- Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees under the Consumer Guarantees Act 1993, or any other implied warranties or guarantees that cannot be limited, excluded or modified by law.
- To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
- any Product being unavailable;
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
- Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
- To the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any Loss in connection with the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- To the maximum extent permitted by law:
- our total liability to you in connection with claims relating to the Products must not exceed the purchase price paid by you for the Products;
- our total liability to you for all other claims under or in connection with these Terms, or (to the extent clause 11.2 does not apply to limit or exclude any liability) in connection with the Website or your access and use of (or inability to access or use) the Website, must not exceed NZD100 and
- we are not liable to you for any:
- loss of profit, revenue, savings, business and/or goodwill; or
- consequential, indirect, incidental or special damage or loss of any kind.
- You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to deliver Products to you or to provide you with updates about our Products or our Website.
- SUSPENSION AND TERMINATION
- Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
- If you wish to have your website account deleted, please contact us at email@example.com
- On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
- If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
- These Terms, and any dispute relating to these Terms or the Products or Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Products or Website.
- A reference to you or us includes a reference to that party's executors, administrators, successors and permitted assigns.
- For us to waive a right under these Terms, the waiver must be in writing.
- Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 8, 9, 10, 11 and 14.1, continue in force.
- If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
- These Terms set out everything agreed by the parties relating to your use of the Website and the supply of the Products and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Products or the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.