Terms / Warranty
By using www.vintagekids.co.nz, you acknowledge that you have read, understood and agree to be bound by the Terms & Conditions. When you purchase products via www.vintagekids.co.nz, you accept these Terms and Conditions, and the specific conditions that apply to that purchase, which together form a legal contract between you (the "Buyer" or "You") and Vintage Kids Ltd,("Vintage Kids") . If you have any questions regarding these Terms and Conditions please contact us at info@vintagekids.co.nz
1. PRICE AND ORDERS
1.1 All prices are stated in New Zealand dollars (NZ$), and include Goods and Services Tax (GST).
1.2 Prices displayed on the website are subject to change without notice. Prices for items on an Order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retrospectively applied to accepted Orders.
1.3 The Buyer will pay any customs duty, taxes, excess freight or other charges relating to completing delivery of the Order as advised by VintageKids.
1.4 There is no obligation on Vintage Kids to inquire as to the authority of any person placing an Order on behalf of the Buyer.
2. PAYMENT & PAYMENT SECURITY
2.1 VintageKids operates a credit card payment process to enable you to make payment for all purchases of Goods. You will be directed to a secure third-party provider (DPS) where your credit card details will be captured at the time you process the Order.
2.2 Your Credit Card will be charged once your Order has been accepted and prior to dispatch.
2.3 VIntage Kids do not and will not ever have access to your credit card details. All credit card information is processed via an off-site third party payment provider (DPS).
2.4 No Order will be shipped until payment has been received and the funds cleared.
2.5 The Buyer agrees to Vintage Kids' Refunds Policy, a copy of which can be accessed here
3. DELIVERY and RISK
3.1 Delivery will be made to the address nominated on the Order by the Buyer.
3.2 Delivery will usually be made within 1-3 business days except for some international deliveries where you will be advised of expected delivery times. While Vintage Kids will use reasonable endeavours to ensure delivery is made within the indicated timeframe, no guarantee is given that Goods will be delivered within that timeframe.
3.3 The Buyer agrees to Vintage Kids' Delivery Policy, a copy of which can be accessed here
3.4 Where there is a lead-time for manufacture, Vintage Kids will contact you to confirm dates.
3.5 Risk of any loss, damage or deterioration of or to the Goods passes to the Buyer on delivery of the Goods to the Buyer's nominated address.
4. EXCLUSION/LIMITATION of LIABILITY by Vintage Kids
4.1 Except to the extent expressly set out in these Terms you acknowledge that Vintage Kids will not be liable for any damage, loss, cost, claim or expense arising out of or relating to
(i)The supply of Goods to the Buyer except to the extent expressly set out in these Terms and Conditions; or
(ii)Your use of this site or any ‘hot linked’ site, or
(iii)Your use of or reliance on information contained in or accessed through this site.
4.2 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. This disclaimer does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the Consumer Guarantees Act 1993).
4.3 The Buyer agrees and acknowledges that where the Goods are acquired for business purposes the provision of the Consumer Guarantees Act 1993 shall not apply to the supply of Goods.
4.3 Subject to the other express provisions of these Terms, the maximum liability of Vintage Kids to the Buyer for any claim relating to the supply of Goods and services pursuant to these Terms and Conditions shall be limited to the value of those Goods and services supplied.
5. SITE CONTENT / AVAILABILITY
5.1 Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, Vintage Kids make no warranties or representations about the accuracy or completeness of this site, its contents or the content of any web site ’hot linked’ to or from this site, nor does Vintage Kids undertake to keep this site updated. Vintage Kids will not be liable for any damage, loss, claim or expense suffered as a result of the information on this site or any 'hot linked site' not being accurate or updated.
5.2 You must take your own steps to ensure that the process which you employ for accessing this site does not expose you to the risk of viruses or other forms of interference which may damage your computer system. VIntage Kids does not accept responsibility for any interference or damage to your computer system arising out of or relating to your use of this site or any ‘hot linked’ site. Any information which you transmit to us is transmitted through a secure internet system. All reasonable steps to ensure that this information is secure have been taken but we can not warrant all information will be secure at all times.
6. INTELLECTUAL PROPERTY
6.1 The Buyer acknowledges that Vintage Kids is the exclusive owner of all Intellectual Property in any Goods and related services supplied to the Buyer under these Terms and Conditions or otherwise. The Buyer will not claim any interest in the intellectual property in those Goods nor will it in any way attempt to or allow the copying or reverse engineering of those Goods. For the purposes of this clause ‘Intellectual Property’ means any patent, design, trade mark, copyright, know how, trade secret and any other proprietary right or form of intellectual property (whether protectable by registration or not) in respect of any technology, concept, idea, data, programme or other software (including, without limitation, source and object codes, specifications and process).
6.2 For the purposes of this clause 'Intellectual Property' means any patent, design, trademark, copyright, know how, trade secret and any other proprietary right or form of intellectual property (whether protectable by registration or not) in respect of any technology, concept, idea, data, programme or other software (including without limitation, source and object codes, specifications and process).
6.3 The Buyer also acknowledges that VintageKids Ltd is the exclusive owner of the vintagekids.co.nz website and owns all Intellectual Property rights including copyright in the form, display and content of the website.
7. PRIVACY POLICY
7.1 Please note that Vintage Kids collects and retains information regarding visitors to the site and products purchased for the following purposes:
(i) Advising members of new offers
(ii) To statistically analyse site usage and products purchased
(iii) To improve content and product offering on the site
(iv) To improve customer ease and satisfaction.
7.2 Personal information collected for the above purposes will be retained by Vintage Kids in its database. You have the right under the Privacy Act 1993 to access any personal information held about you and to request correction of the vintagekids.co.nz database. If so requested VintageKids may make the requested correction or attach a note to the record recording that a request for correction was made but not acted upon. You can do this by sending an e-mail request to the following address info@vintagekids.co.nz
7.3 By placing an Order for product through the site you are also expressly authorising vintagekids.co.nz to provide your details as entered on the site (including without limit your name, address, phone numbers and credit card details) to suppliers so they can process your payment for orders placed with them for products and arrange for the delivery of those products to you (note. vintagekids.co.nz does not retain any details relating to credit cards used to order products).
7.4 Other than as set out in these terms your information will not be made available to any other organisation.
8.0 MISCELLANEOUS
8.1 Waiver or variation of these Terms and Conditions will only be effective if agreed to in writing. If Vintage Kids waive any of these Terms and Conditions, the waiver shall apply to and operate only in the particular transaction in respect of which it was given, and will not affect Vintage Kids' rights under these Terms and Conditions at any future time.
8.2 These Terms and Conditions will be governed by New Zealand law and the parties submit to the jurisdiction of the New Zealand Courts.
8.3 Neither party shall be in breach of these conditions if its breach is caused by an act of god, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw materials, energy or other supplies, labour disputes of whatever nature and any other reason beyond the control of either party.
8.4 Definitions:
"Goods" means all goods supplied from time to time to the Buyer
"Order" means an order placed by the Buyer with Vintage Kids for the purchase of Goods.
