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Terms & Conditions
1. Introduction
These Terms and Conditions govern the Services and sale of products on the Nuit Blanche website https://nuitblanche.nz/. By purchasing our products, you agree to these terms. Please read them carefully before placing an order. If you do not agree with any of these terms, you should not use or access this site.
Your submission of personal information through the Nuit Blanche website is governed by our Privacy Policy https://nuitblanche.nz/privacy-policy/ which outlines how your personal information is collected and used.
The materials contained on the Nuit Blanche website are protected by applicable copyright and trademark law.
2. General Terms
These terms apply to all orders placed through our website.
We reserve the right to modify these terms at any time without prior notice. Changes will apply to any new orders placed after the updated terms are posted.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
3. User Responsibility for Personal Account
If you choose to create a Personal Account on this website, you are entirely responsible for your log in details and password and must not share these with any third party.
You must notify Nuit Blanche immediately of any known or suspected unauthorised use(s) of your Personal Account, or any known or suspected breach of security, including but not limited to unauthorised access or any permanent or temporary prevention of access to your Personal Account, or loss, theft or unauthorised disclosure of your password.
You are responsible for all your usage or activity on this website, including through your Personal Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Personal Account, at Nuit Blanche’s sole discretion, and we may refer such conduct to appropriate law enforcement agencies.
4. Products
All product descriptions, pricing, and availability are subject to change at any time without notice.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to limit the quantities of any products or services that we offer.
We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
5. Pricing
Prices are listed in New Zealand Dollars (NZD) and include GST.
Shipping fees, if applicable, will be displayed at checkout.
We reserve the right to change prices at any time without notice. However, the price of a product at the time you place an order will apply to that purchase.
We reserve the right at any time to modify or discontinue any product or the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or the Service.
6. Orders & Payment
Orders can be placed via our website and are subject to availability.
Payment is required at the time of order placement. We accept Stripe.
You will receive an order confirmation via email upon successful payment.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7. Shipping & Delivery
We deliver to addresses within New Zealand and internationally (where specified).
Delivery times are estimated and will be displayed at the time of purchase.
We will not be liable for any delays in delivery caused by circumstances beyond our control, such as courier delays, natural disasters, or customs clearance.
8. Accuracy of Materials
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
While every effort is made to provide accurate information, Nuit Blanche does not guarantee that any of the materials on its website are accurate, complete or current.
Nuit Blanche may make changes to the materials contained on its website at any time without notice. However, we undertake no obligation to update, amend or clarify information in the Service or on the website, including without limitation, pricing information, except as required by law.
9. Limitation of Liability
To the extent permitted by law, we will not be liable for any indirect, incidental, or consequential damages resulting from the use of our products or your inability to use our website.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
Nuit Blanche shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10. Severability and Termination
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail to comply with any provision of these Terms and Conditions, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
11. Entire Agreement
The failure of us to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
12. Governing Law
These terms are governed by the laws of New Zealand. Any disputes arising under these terms will be resolved in New Zealand courts.
13. Consumer Protection Legislation
To the extent the provisions of consumer protection legislation apply (including the New Zealand Fair Trading Act 1986 and Consumer Guarantees Act 1993) and you are not purchasing our goods or services for business purposes, nothing in this Terms and Conditions, together with your order (as accepted by us), and our Returns and Refunds Policy https://nuitblanche.nz/returns-and-refunds-policy/ are intended to limit your rights under the New Zealand consumer protection legislation that cannot be excluded.
14. Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
15. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at [email protected].
