Terms of Use

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1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Ghivexonzul ("Company", "we", "us", or "our"), concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

You agree that by accessing the website, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the website and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the website after the date such revised Terms of Use are posted.

2. Intellectual Property Rights

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of New Zealand, international copyright laws, and international conventions.

The Content and the Marks are provided on the website "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the website, you are granted a limited licence to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the website, the Content, and the Marks.

3. User Representations

By using the website, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update such registration information as necessary
  • You have the legal capacity and you agree to comply with these Terms of Use
  • You are not a minor in the jurisdiction in which you reside
  • You will not access the website through automated or non-human means, whether through a bot, script, or otherwise
  • You will not use the website for any illegal or unauthorised purpose
  • Your use of the website will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).

4. Products and Services

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the website. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without notice.

As our products are handcrafted, slight variations in colour, size, and finish are natural and should be expected. These variations are not considered defects but rather evidence of the artisanal nature of our products.

5. Purchases and Payment

We accept various forms of payment as indicated on our website. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in New Zealand Dollars unless otherwise indicated.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

6. Return and Refund Policy

Please review our Return Policy posted on the website prior to making any purchases. All sales are considered final unless otherwise stated in our Return Policy. For detailed information regarding returns, refunds, and exchanges, please refer to our dedicated Return Policy page.

7. Prohibited Activities

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the website, you agree not to:

  • Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Circumvent, disable, or otherwise interfere with security-related features of the website
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website
  • Use any information obtained from the website in order to harass, abuse, or harm another person
  • Make improper use of our support services or submit false reports of abuse or misconduct
  • Use the website in a manner inconsistent with any applicable laws or regulations
  • Engage in unauthorised framing of or linking to the website
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the website
  • Engage in any automated use of the system, such as using scripts to send messages or using any data mining, robots, or similar data gathering and extraction tools
  • Delete the copyright or other proprietary rights notice from any Content
  • Attempt to impersonate another user or person or use the username of another user
  • Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website
  • Attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website
  • Copy or adapt the website's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Use a buying agent or purchasing agent to make purchases on the website
  • Make any unauthorised use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email

8. Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

Certain New Zealand laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

9. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:

  • Your use of the website
  • Breach of these Terms of Use
  • Any breach of your representations and warranties set forth in these Terms of Use
  • Your violation of the rights of a third party, including but not limited to intellectual property rights
  • Any overt harmful act toward any other user of the website with whom you connected via the website

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

10. Governing Law

These Terms shall be governed by and defined following the laws of New Zealand. Ghivexonzul and yourself irrevocably consent that the courts of New Zealand shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, the parties agree to first attempt to resolve the dispute informally by contacting each other.

If the dispute is not resolved within thirty (30) days of the initial contact, either party may initiate formal dispute resolution as provided below. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of New Zealand.

12. Corrections

There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.

13. Disclaimer

The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the website's content or the content of any websites linked to the website and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage resulting from your access to and use of the website, any unauthorised access to or use of our secure servers, any interruption or cessation of transmission to or from the website, any bugs, viruses, or the like which may be transmitted to or through the website by any third party, and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.

14. Contact Us

In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at:

Ghivexonzul
110a Cuba Street, Te Aro, Wellington 6011, New Zealand
Phone: +64 4 801 5974
Email: mailuse@ghivexonzul.world