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Terms and conditions

of ShirtNZ – a division of Company Branding Shop Ltd.

 

1. General Information

For all your orders in the context of this online offer ShirtNZ – a division of Company Branding Shop Ltd. (“ShirtNZ”), 57 Main Road South, Levin 5510, New Zealand, is your contracting partner. All services from ShirtNZ to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between ShirtNZ and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if ShirtNZ has agreed to them in writing.

 

2. Standard Terms

(1) The “offers“ contained on the website, in ShirtNZ's Shops, and in Partner Shops represent a non-binding invitation for the customer to place an order with ShirtNZ.

(2) By filling out and sending an order form on the internet, the customer makes a binding offer for a contract of sale. ShirtNZ sends an order confirmation via e-mail to the customer. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by ShirtNZ. The contract is only accepted when ShirtNZ ships the ordered product to the customer and confirms the shipment (shipment confirmation) to the customer in a second e-mail.

(3) ShirtNZ reserves the right to reject any received orders for any reason with notice to the customer.

(4) The contract ends with the complete delivery to the customer supplied address through ShirtNZ's shipment provider. If there is an interruption of delivery, and ShirtNZ fails to cover a congruent substitute transaction in a business reasonable time frame, the customer shall be informed immediately about the non-availability of the service. If the case of the customer having already paid, then the funds paid shall be refunded.

 

3. Delivery / Shipment

(1) The order will be shipped within 3 business days at the latest. Normally, goods are shipped the next business days. Delivery times and terms of delivery shall only be binding insofar as ShirtNZ has expressly agreed to such in writing. Typical delivery times are 2-4 days.

(2) Delivery is available within New Zealand only.

(3) Delivery shall be conducted by a shipment service provider chosen by ShirtNZ. The customer has to pay standard shipping costs which may depend on order value, and where the order is shipped to. Current shipping prices can be viewed at www.shirt.nz.

 

4. Prices

(1) For shipping within New Zealand, the stated prices are final. They include the taxes arising from the transaction, particularly sales taxes. Shipping and handling are billed separately and shown separately on the invoice. The shipping address and order

(2) The customer has to pay shipping and handling, which may depend on order value and the delivery location. Current shipping prices can be viewed at www.shirt.nz

(3) The Purchase price, along with shipping and handling charges are immediately payable, without deduction.

 

5. Payment

(1) Payment will be carried out according to the customer´s choice of either advance payment (bank transfer) or Paypal (Credit Card, ...). ShirtNZ reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.

(2) In case of the method of payment chosen by the customer not being practicable, where ShirtNZ has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by ShirtNZ or a third party which carried out the transaction.

(3) ShirtNZ is entitled to make use of the services of trustworthy third parties for the handling of the payment:

a) If it comes to a default of payment of the customer, ShirtNZ is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.

b) In the case of intervention of third parties in the handling of payments, then payment in relation to ShirtNZ only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.

 

6. Conditional Sale

(1) Up to the payment of any monies owed to ShirtNZ and the order is shipped, the goods remain the property of ShirtNZ.

(2) The customer is obliged to handle the product with care up to the transfer of ownership.

 

7. Guarantee

(1) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled to a replacement, to cancel the order, or keep the order at a reduced price, agreed by both parties.

(2) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und/or available at any time. Thus, ShirtNZ shall not be liable for the continuous and uninterrupted availability of the online offer, or claims made about ShirtNZ by parties other than ShirtNZ employees and partners.

(3) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.

 

8. Limitation of Liability

(1) ShirtNZ only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. ShirtNZ´s liability is limited to the payment of the foreseeable, typically occurring damage.

2) As far as liability of ShirtNZ is excluded or limited in these general terms and conditions then the same applies for personal liability related to the order for damages on the part of employees, representatives and agents of ShirtNZ.

 

9. Data Protection

ShirtNZ uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by ShirtNZ for fulfilment and handling of the contract. This data is treated confidentially by ShirtNZ and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which ShirtNZ has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

 

10. Place of Jurisdiction – Place of Fulfillment – Choice of Law

(1) Place of fulfilment for all services is the place of business of ShirtNZ in Levin, New Zealand.

(2) Levin, New Zealand is the place of general jurisdiction. In such case, ShirtNZ is also entitled to sue the customer according to the opinion of ShirtNZ at their resident court.

(3) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains in affect.