TERMS & CONDITIONS
These terms and conditions are the contract between you and 'Three Spades Design' (“us”, “we”, “our” refer to Three Spades Design). By visiting or using Our Website in any way, you agree to be bound by them.
I / We are: Three Spades Design which is wholly owned by Rochelle Noble, a company registered in New Zealand, NZBN: 9429044121600.
You are: Anyone who uses Our Website
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately. By using our website, you agree to be bound by these terms and conditions.
We reserve the right to amend these terms and conditions at any time, we therefore recommend that you review these terms and conditions each time you visit the website.
DEFINITION:
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website” means any website of ours, 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 Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
INTERPRETATION:
In this agreement unless the context otherwise requires:
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.
These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
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.
Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
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.
The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
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.
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 Our Website.
OUR CONTRACT WITH YOU:
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
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.
If you use Our Website 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.
Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
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.
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
ACCEPTANCE OF YOUR ORDER:
Your order 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.
At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
Dispatch of orders is subject to availability, if for whatever reason the product is unavailable you will be advised by email. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
accept the alternatives we offer;
cancel all or part of your order.
PRICE AND PAYMENT:
The price payable for the Goods that you order is clearly set out on Our Website.
It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
Prices include goods and services tax (“GST”).
If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
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 Our Website before we ask you to pay.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date when we accept that repayment is due.
SECURITY OF YOUR CREDIT CARD:
We are committed to ensure safe and secure shopping and take care to make Our Website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
Securing your details from unauthorised access by logging out every time you use our website is recommended, particularly if you are using a public or shared computer
DELIVERY:
We will endeavour to ship all orders within 3-7 working days from the day you place an order to purchase the Goods.
Deliveries will be made by the Carrier to the address stipulated in your order.
Goods are sent at our risk until signed for by you or by any other person at the address you have given to us. You should ensure that someone is present to accept the delivery - as a signature is recommended. If you forego signing for your purchase, Three Spades Design is not liable for it going missing after it has been delivered to your address.
If we are not able to deliver your Goods within 7 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must inform us via e-mail within 48 hours including a photograph of the damage supporting your claim.
Goods are sent by NZ Couriers. We will send you a message by email to tell you when we have despatched your order.
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.
LIABILITY FOR SUBSEQUENT DEFECTS:
Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 24 hours of receipt of the Goods, we shall assume that you have accepted them.
The procedure to return the faulty Goods is as follows:
The Goods must be returned to us as soon as any defect is discovered but not later than one week from receipt by you.
Before you return the Goods to us, please carefully re-read the instructions and check that you have packed it correctly in the packaging it was originally shipped in.
Please follow the returns procedure provided on Our Website under the ‘Shipping & Returns’
We will return your money/replace subject to the following conditions:
- You photograph the damaged ‘plant / product’ and e mail evidence of damage due to shipping to rochellenoble@threespadesdesign.co.nz (within 24 hours as stated in ‘Shipping & Returns) section of website.
- We receive the Goods with labels and packaging intact.
- You comply with our returns procedure. We cannot return your money unless we know who sent them.
you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
If any defect is found, then we shall:
- repair or replace the Goods, or
- refund the full cost you have paid including the cost of returning the Goods.
If delivery was made to New Zealand address, you are also protected by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.
DISCLAIMERS:
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We make no representation or warranty for:
The quality of the Goods;
Any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
the correspondence of the Goods with any description;
The adequacy or appropriateness of the Goods for your purpose.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
We make no representation or warranty and accept no responsibility in law for:
Accuracy of any Content or the impression or effect it gives;
Delivery of Content, material or any message;
Privacy of any transmission;
Any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
Any aspect or characteristic of any goods or services advertised on Our Website;
We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contract and Commercial Law Act 2017.
If you become aware of any breach of any term of this agreement by any person, please tell us by emailing rochellenoble@threespadesdesign.co.nz. We welcome your input but do not guarantee to agree with your judgement.
Nothing in this agreement excludes liability for a party's fraud.
YOUR ACCOUNT WITH US:
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.
If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
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.
INTELLECTUAL PROPERTY:
The design and content contained within our website is intellectual property which is owned by Three Spades Design. The website is intended solely for your personal non-commercial use.
We will defend the intellectual property rights in connection with our Goods and Our Website, 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).
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.
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.
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.
SECURITY OF OUR WEBSITE
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
Link to Our Website in any way that would cause the appearance orvpresentation of Our Website to be different from what would be seen byva user who accessed Our Website by typing the URL into a standardvbrowser;
Download any part of Our Website, without our express written consent;
Collect or use any product listings, descriptions, or prices;
Collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
Share with a third party any login credentials to Our Website.
Despite the above terms, we now grant a licence to you to:
Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
You may copy the text of any page for your personal use in connection with the purpose of Our Website.
MISCELLANEOUS MATTERS:
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.
Where we provide goods 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.
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.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
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.
Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
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;
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.
This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
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.
The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.