Flaxworx NZ

Mahi Raranga (NZ Flax weaving) and Photography

Terms and conditions

These terms and conditions regulate the business relationship between you and us. By using www.Flaxworx.co.nz or Flaxworx NZ Facebook page in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.

We are: Flaxworx NZ

Our address is: PO Box 84, Russell, 0242, New Zealand

You are: a visitor to our website and/or Facebook page or customer.

1.Definitions

In this agreement:

“Carrier”

means any person or business contracted by us to carry Goods from us to you – e.g. Fastway Couriers and NZ Post.

“Consumer”

means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Content”

means any content in any form published on www.Flaxworx.co.nz or Flaxworx NZ Facebook page by us or any third party with our consent.

“Goods”

means any of the goods we offer for sale on www.Flaxworx.co.nz or Flaxworx NZ Facebook page or, if the context requires, goods we sell to you.

“Our Website”

means any website of www.Flaxworx.co.nz or Flaxworx NZ Facebook page and includes all web pages controlled by us.

"Post"

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to www.Flaxworx.co.nz or Flaxworx NZ Facebook page, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

2.Interpretation

In this agreement unless the context otherwise requires:

2.1.a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2.these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

2.3.any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.4.except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

2.5.in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6.the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.

2.7.a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.8.in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $50 per hour.

2.9.these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to www.Flaxworx.co.nz or Flaxworx NZ Facebook page.

2.10.this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.Our contract with you

3.1.This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2.Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3.If you use www.Flaxworx.co.nz or Flaxworx NZ Facebook page in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.4.Because we may rely on our suppliers (e.g. RIT DyeMore), we do not guarantee that Goods advertised on www.Flaxworx.co.nz or Flaxworx NZ Facebook page are available at all times. We may change these terms from time to time. The terms that apply to you are those posted here on www.Flaxworx.co.nz or Flaxworx NZ Facebook page on the day you order Goods.

3.5.The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

3.6.If in future, you buy Goods from us under any arrangement which does not involve your payment via www.Flaxworx.co.nz or Flaxworx NZ Facebook page; these terms still apply so far as they can be applied.

3.7.We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve. RIT Dye will only be sold within New Zealand.

4.Acceptance of your order

4.1.Your RIT DyeMore Synthetic order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

4.2.Your order or any other product (in particular Hand made Flax products such as Piupiu) is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order as we may have long waiting times.

4.3.If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

4.3.1accept the alternatives we offer;

4.3.2cancel all or part of your order.

5.Price and Payment

5.1.The price payable for the RIT DyeMore Synthetic is clearly set out on the order page on www.Flaxworx.co.nz or Flaxworx NZ Facebook page.

5.2.The Price of any Piupiu Orders will be sent to you in a written Quote which is valid for 4 months from date of issue.

5.3.It is possible (however unlikely) that the price may have increased from that posted on www.Flaxworx.co.nz or Flaxworx NZ Facebook page. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

5.4.Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside New Zealand, GST will be deducted at the payment point (in case of any Flax Orders) – Please note: We only deliver RIT DyeMore within New Zealand

5.5.If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it. However, special payment instructions may be issued at our discretion (in particular for large piupiu orders)

5.6.Bank charges by the receiving bank on payments to us will be borne by us.All other charges relating to payment in a currency other than New Zealand dollar will be borne by you.

5.7.If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

5.8.The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Flaxworx NZ before we ask you to pay.

5.9.Only when accounts are settled in full will items be shipped. Please note: Interest will be chargeable at 2% per month on overdue amounts. Any costs of collection of overdue monies (e.g Baycorp) will be pay able by the customer.

6.Cancellation and refunds

The following rules apply to cancellation of your order:

6.1.The option to cancel your order for RIT DyeMore is not available, so choose wisely.

6.2.For all other products: You buy products made of natural fibres and colours, hence sometimes the actual products vary from the ones shown in pictures on our website (they are all unique – none is the same as any other). As a result, we will not accept any returns on the grounds of wrong expectations. However, if you feel your product is faulty we will gladly replace it – but bear in mind these are all one off items.

7.Delivery and pick up

7.1.Goods are delivered as soon as possible from the day you place an order to purchase the Goods.

7.2.Deliveries will be made by the either Fastway Couriers or NZ Post to the address stipulated in your order.

7.3.If we are not able to deliver your Goods within a reasonable time frame, we shall notify you by e-mail to arrange another date for delivery.

7.4.We may deliver the Goods in instalments if they are not all available at the same time for delivery. This applies in particular for Piupiu orders.

7.5.If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

8.Foreign taxes and duties

8.1.If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

8.2.You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

9.Liability for subsequent defects

9.1.We will repair or replace Goods which fail to comply with the provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 or which show a defect. If you claim that the item is defective, the following conditions apply:

9.1.1the defect must be reported to us immediately after delivery but no later than 1 week from receipt of delivery. Bear in mind we do work with natural materials we do not consider wrong expectations or general wear and tear a fault!

9.1.2you have returned the defective Goods or parts to us at your cost if we have so requested.

9.2.If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.

9.3.If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

10.Goods returned

These provisions apply in the event that you return any Goods to us for any reason:

10.1.We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

10.2.The Goods must be returned to us as soon as any defect is discovered but not later than 1 week.

10.3.So far as possible, Goods should be returned:

10.3.1with both Goods and all packaging as far as possible in their original condition;

10.3.2securely wrapped;

10.3.3at your risk and cost.

10.4.You must tell us by email message to flaxworx@gmail.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.

10.5.If delivery was made to New Zealand address, you are also protected by the Fair Trading Act and the Consumer Guarantees Act .

10.6.If we agree that the Goods are faulty, we will:

10.6.1refund the cost of return carriage;

10.6.2repair or replace the Goods as we choose.

11.Disclaimers

11.1.The law differs from one country to another. This paragraph applies so far as the applicable law allows.

11.2.All the conditions, warranties or other terms implied by the law of any county other than New Zealand are excluded from this agreement to the extent permitted by law.

11.3.We or our Content suppliers may make improvements or changes to www.Flaxworx.co.nz or Flaxworx NZ Facebook page, the Content, or to any of the Goods, at any time and without advance notice.

11.4.You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

11.5.We give no warranty and make no representation, express or implied, as to:

11.5.1the quality of the Goods;

11.5.2any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

11.5.3the correspondence of the Goods with any description;

11.5.4the adequacy or appropriateness of the Goods for your purpose;

11.5.5the truth of any Content on www.Flaxworx.co.nz or Flaxworx NZ Facebook page;

11.5.6non-infringement of any right.

11.6.We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of www.Flaxworx.co.nz or Flaxworx NZ Facebook page or the purchase of Goods.

11.7.Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

12.Your account with us

12.1.You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

12.2.If you use www.Flaxworx.co.nz or Flaxworx NZ Facebook page, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

12.3.You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

13.Restrictions on what you may Post to www.Flaxworx.co.nz or Flaxworx NZ Facebook page (e.g. in comments)

You agree that you will not use or allow anyone else to use www.Flaxworx.co.nz or Flaxworx NZ Facebook page to Post Content which is or may:

13.1.be malicious or defamatory;

13.2.consist in commercial audio, video or music files;

13.3.be illegal, obscene, offensive, threatening or violent;

13.4.be sexually explicit or pornographic;

13.5.be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

13.6.give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

13.7.solicit passwords or personal information from anyone;

13.8.be used to sell any goods or services or for any other commercial use;

13.9.include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

13.10.link to any of the material specified above, in this paragraph;

13.11.send age-inappropriate communications or Content to anyone under the age of 18.

14.Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

14.1.hyperlinks, other than those specifically authorised by us;

14.2.keywords or words repeated, which are irrelevant to the Content Posted;

14.3.the name, logo or trademark of any organisation other than yours;

14.4.inaccurate, false, or misleading information.

15.How we handle your Content (e.g. Comments)

15.1.Our privacy policy is strong and precise. It complies fully with current law.

15.2.If you Post Content to any public area of www.Flaxworx.co.nz or Flaxworx NZ Facebook page it becomes available in the public domain. We have no control who sees it or what anyone does with it.

15.3.Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

15.4.We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on www.Flaxworx.co.nz or Flaxworx NZ Facebook page, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

15.5.We will use that licence only for commercial purposes of the business of www.Flaxworx.co.nz or Flaxworx NZ Facebook page and will stop using it after a commercially reasonable period of time.

15.6.You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1994 as amended.

15.7.Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

15.8.You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

15.9.You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

15.10.Please notify us of any security breach or unauthorised use of your account.

16.Removal of offensive Content

16.1.For the avoidance of doubt, this paragraph is addressed to any person who comes on www.Flaxworx.co.nz or Flaxworx NZ Facebook page for any purpose.

16.2.We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

16.3.If you are offended by any Content, the following procedure applies:

16.3.1Your claim or complaint must be submitted to us via e-mail.

16.3.2we shall remove the offending Content as soon as we are reasonably able;

16.3.3after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

16.4.We may re-instate the Content about which you have complained or not.

16.5.In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

16.6.You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

17.Security of Our Website

If you violate www.Flaxworx.co.nz or Flaxworx NZ Facebook page with the same name we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

17.1.modify, copy, or cause damage or unintended effect to any portion of www.Flaxworx.co.nz (and Flaxworx NZ Facebook Page), or any software used within it.

17.2.link to www.Flaxworx.co.nz or Flaxworx NZ Facebook page in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

17.3.download any part of www.Flaxworx.co.nz or Flaxworx NZ Facebook page, without our express written consent;

17.4.collect or use any product listings, descriptions, or prices;

17.5.collect or use any information obtained from or about www.Flaxworx.co.nz or the Content except as intended by this agreement;

17.6.aggregate, copy or duplicate in any manner any of the Content or information available from www.Flaxworx.co.nz or Flaxworx NZ Facebook page, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

17.7.share with a third party any login credentials to www.Flaxworx.co.nz or Flaxworx NZ Facebook page.

18.Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

18.1.your failure to comply with the law of any country;

18.2.your breach of this agreement;

18.3.any act, neglect or default by any agent, employee, licensee or customer of yours;

18.4.a contractual claim arising from your use of the Goods;

18.5.a breach of the intellectual property rights of any person.

19.Intellectual Property

19.1.We will defend the intellectual property rights in connection with our Goods and www.Flaxworx.co.nz or Flaxworx NZ Facebook page, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

19.2.Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

19.3.You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

19.4.Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

20.Miscellaneous matters

20.1.When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

20.2.Where we provide goods or Quotes without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

20.3.If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

20.4.The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

20.5.No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

20.6.Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

20.7.In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

20.8.This agreement does not give any right to any third party.

20.9.Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control

20.10.In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

20.11.The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

175033669978384