Conditions of Use
About these Terms
These Terms of Service (“Terms”) apply to everything you do, and everything we make available to you, on or through our Web Sites. In addition to these Terms there are Policies that also apply to you. These include our Privacy Policy, our Deliveries Policy and any other policies or guidelines we may publish from to time on our Web Site. Whenever you use our Web Sites these Terms apply to you. By choosing to use our Web Sites you are confirming to us that you accept these Terms. If you don’t agree to these Terms your option is to NOT use our Web Site. We are a New Zealand company and these Terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with New Zealand law.
Definitions
In these terms; “we”, “us” or “our” means Kidzstuffonline.“you” means the customer, user or browser, using our Web Site. “Web Site” means this web site.
Changing these Terms
We can change these Terms, our Web Site and our services at any time with or without notice to you. If we do this, any changes will take effect as soon as they are posted to our Web Site.
Product Description
We try to be as accurate as possible with the product descriptions and representations about products available on our Web Site. Note that different computer screens may display colours slightly differently, and so the images on our Web Sites are to be used as a representation of the product's appearance only. We, and our suppliers and manufacturers reserve the right to change colours, features and other content describing the products without notice. We will try to update the Web Site to match as soon as we can, but sometimes this means that colours and features of the products supplied may differ from those given on our Web Site, or the packaging may differ. If you buy a product from us and it doesn’t meet the full product description, please return it to us in an unused condition and we will refund your purchase price in full for that product.
Price
All prices are in New Zealand dollars and include 15% GST unless we state otherwise. Please note that discount vouchers and promotional discounts cannot be used on items already on special. We do our best to make sure the prices we list on our Web Sites are accurate, reliable, complete and current but we do not represent that the price listed is, in fact, the correct price. If there has been a genuine price mistake on the part of us or our agents, we reserve the right to cancel any completed sale prior to dispatching your order and we will refund your purchase price in full in respect of the canceled portion of the order. Delivery charges apply to all orders on our Web Sites. In most cases, the delivery charges payable will be shown in the shopping cart before you complete your order. However, for special, urgent or international orders additional delivery charges may apply and may not be notified to you until after your order is completed. In this situation, we will contact you prior to dispatching your order to notify you of the additional costs and seek your instructions. You may choose to pay the additional delivery charges to meet your requirements or cancel your order for a full refund of your purchase price. For more information please see our Delivery Policy
Confirmation of Order
You will receive an order confirmation via e-mail to let you know your order has been received. We will e-mail you again when your order has been processed and dispatched. Once an order has been placed by you and your payment has been processed, it can’t be changed or cancelled by you without our express consent – unless you have a general right at law entitling you to cancel the order. Orders are not binding upon us until accepted by us. In some cases we may cancel an order even after payment has been made. This is likely to occur if we believe it is necessary to protect our customers (one example may be we suspect fraudulent activity) or where a genuine mistake has occurred.
Payment Terms
We accept Visa and Master Card credit cards only. All charges are made in New Zealand dollars. We charge your credit card at the time of your order via shopify pay secure site. We also except payment by nz bank tranfere you can deposit your payment directly to our bank account details will be sent to you by e-mail on confirmation of your order. Orders paid for by direct credit will be dispatched after the funds have been received into our nominated bank account and cleared. we also accept laybuy and Afterpay choose these option at checkout page and follow instructions
Your Account
If you use our services (including shopping and membership account services) you agree to provide true, accurate, current and complete information about yourself and to keep that information current and updated for as long as you continue to use our services. You are responsible for all activity that occurs under or in connection with your membership account. You agree you will not allow any other person to use your password or account information and you will keep any passwords secure and confidential. Without limiting any other rights or remedies we may have, we may, at our discretion, monitor your use of our Web Sites and restrict access to any content or services we may provide on our Web Sites.
Reviews Comments and Feedback
You may post reviews, comments and other content on our Web Sites or submit suggestions or questions to us provided that the content is not illegal, obscene, objectionable, threatening, defamatory, a breach of any person’s privacy, a breach of any person’s intellectual property rights, and it does not consist of any form of virus, any form of spam or unsolicited commercial messages. We reserve the right to monitor and review posted content and to remove or edit such content at any time, however, we do not (and are not obliged to) regularly review posted content. We are not responsible or liable for any content posted by you or a third party on our Web Site.
Using Our Services
You agree to comply with all applicable laws and regulations when using our services. In particular, you agree to: • Follow our instructions and guidelines when using our Web Site • Not use our Web Site in an inappropriate or unreasonable way; • Only use our Web Site for lawful purposes and only as reasonably intended by us; • Not use our Web Site for any commercial purpose other than your personal use of the shopping services offered by us; • Ensure that everyone you are responsible for, also meets these commitments and your other obligations under these Terms. • Subscribe to our newsletter to unsubscribe email us at info@kidzstuffonline.co.nz with unsubscribe in the headline.
Links
You may only create links to our Web Site from an external website if you have obtained our prior written consent. Our Web Site may contain links to other websites that are not owned or operated by us. We are not responsible or liable for any content or information available on any website that you link to from our Web Site.
Liabilities and Disclaimer of Warranties
Our Web Sites and services are provided on an “as-is” and “as-available” basis. You use our Web Site and services at your own risk. To the extent permitted by law, we exclude all warranties not expressly stated in these Terms including, but not limited to, the implied warranties of merchantability, and fitness for purpose. If you are using our services for business purposes, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the services or these Terms. We will only be liable to you if we have failed to comply with our express obligations or responsibilities to you under these Terms. Our sole liability to you and to anyone else who uses the services we provide to you (together) will be to pay you up to a maximum amount of the total value of the product order the subject of any claim or $50.00 where no product order exists. We exclude all other liability we or any of our suppliers, licensors, related companies, agents, officers or employees may have to you to the maximum extent permitted by law. This exclusion applies whatever you are claiming for (whether direct, indirect or consequential losses, loss of profits, loss of business, loss of data or otherwise) and however any liability may arise if it were not for this clause (including in contract, tort, equity or under statute).
Indemnity
Except where we have expressly accepted responsibility to you under these Terms, you will keep us protected against any legal action taken against us and pay us any costs, losses or expenses we incur in connection with your use of our Web Sites or any failure by you to comply with these Terms.
Termination
We may, in our sole discretion and without notice to you, terminate your password or account or your right to use our services for any reason, including, without limitation, if we believe that you have breached our Terms. We may also in our sole discretion and without notice to you, stop providing some or all of our services or our Web Site. In the event we do end some or all of our services, our Web Site or your account, we may delete all related content and files. Any termination by us under this paragraph will not affect any rights or responsibilities which are intended to continue or come into force after that time.
General Terms
In the event a dispute arising in relation to these Terms or their subject matter, the New Zealand courts will have non-exclusive jurisdiction over such dispute. If we do not exercise or enforce any right available to us under these Terms or otherwise arising at law or in equity, this does not constitute a waiver by us of those rights. We may transfer this agreement or any benefit or obligation of it to any person without notice to you. You may not transfer any benefit or obligation to any other person without our written consent. Each part of these Terms is separately binding. If for any reason any part cannot be relied on, all other parts remain binding.