Terms Of Service

Tauira Design

Please read the following Terms of Service carefully before accessing, using or browsing this website. A breach of these terms will result in an immediate termination of your access to this website.  

Terms of Service

1. Definitions

• 'We,' 'us,' and 'our' refers to Tauira Design. 
• 'You,' 'your' and 'the customer' is defined as the purchaser or browser of any products and services shown on this website, or someone who has authority to act for someone in this regard. 
• 'Terms' and 'these terms' is defined as the Terms of Service as set out in this agreement. 

• This website is owned and operated by Tauira Design. All information, goods and services contained on this website are offered to the customer conditioned upon acceptance of the terms as set out in this agreement. 
• Using this website to place an order or browse constitutes as the Customer and therefore acceptance of the following Terms of Service outlined in this agreement.
• If two or more customers purchase a product(s) together, they will be jointly responsible for the order and all payments to Tauira Design.
• If the customer does not agree with any of the terms outlined in this agreement, the customer may not use this website or any of the services available.
• These terms apply to any new products, services or tools added to the website at any time. 

3. General conditions and use of online store

• Acceptance of these terms by the customer confirms you (the customer) are 18 years or older and your dependent minors have your consent to use this website (if applicable).
• If you are under 18 years old please use this website only under the supervision of a parent or legal guardian.
• Subject to the terms and conditions of this agreement, Tauira Design hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Tauira Design in advance.
• Any violation of these terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
• Tauira Design may provide an account identification and password to enable you to use certain portions of the website. Each time this account is used, you are using it in a manner consistent with the conditions set out in these terms. 
• Unless expressly permitted by Tauira Design, all materials on this website including images, text, designs, music, video clips and other materials are to be used by the customer strictly for non-commercial use. The customer must not make any commercial use of the information provided on the website for the benefit of another business. The customer agrees to not duplicate, reproduce or copy any material on this website. 
• If Tauira Design cannot fulfil its obligations under this agreement due to factors outside of Tauira Design's control, Tauira Design is not deemed liable. 
• This agreement replaces any other Terms of Service unless specifically provided in writing by Tauira Design.
• Tauira Design is a New Zealand operated business and therefore the jurisdiction of New Zealand courts apply to Tauira Design, the customer and any other associated party.
• If Tauira Design or the customer fails to exercise any of the terms, it does not constitute a waiver of such term. 

4. Prohibited use 

• The customer shall not upload, distribute or otherwise publish through this website any content, information or other material that (a) includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under New Zealand laws or the laws of any other country that may apply; or (c) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person. 

5. Price

• Tauira Design reserves the right and discretion to price all products shown on this website. The prices are as shown on the website or the price specified by Tauira Design. All prices shown on this website are subject to change without notice. 
• All transactions on Tauira Design are billed in New Zealand dollars inclusive of GST (15%).
• All prices are inclusive of shipping and handling fees. This does not include international importing fees, the customer is responsible for any fees incurred by shipping to another country other than New Zealand.

• Payment of an order must be made on the date of order confirmation unless an alternative arrangement has been agreed in writing by Tauira Design and the customer. 
• Direct credit at the time of the transaction is the only way payment can be made unless otherwise agreed between Tauira Design and the customer.
• The customer has no right to withhold or deduct any amount of money owing from an order.
• Tauira Design reserves the right to refuse any order you place with us. 
• The customer agrees to provide accurate and complete account and shipping information for all purchases made on this website. If your account or shipping information changes, you agree to notify us as soon as possible so we can complete your order. If you fail to notify us in time and the shipping factors at the time of notification are outside of Tauira Design's control, you will be liable for tracking it down and any extra charges. 
• Processing of an order will not begin until payment has been confirmed as received. 
• The customer must not use false email addresses, pretend to be someone they are not or mislead us or a third-party in any other way. 

7. Goods and Services

• Tauira Design products are available exclusively through this website. Quantities may be limited and are subject to return if conditions are met under our Return Policy (you can access this at the bottom of any page of our website). 
• Tauira Design has made every effort to ensure the colours and images of the products are as accurate as possible. Tauira Design does not take any responsibility if the colours and images appear slightly different in person to what is shown on your computer's display. 
• Tauira Design reserves the right to discontinue a product at any time without notice. 

8. Returns

• Please note we do not deem minor differences as defects as each product is custom made just for you, these are unavoidable. Only when there is an issue with the product quality confirmed by the manufacturer, we can refund fully.

• We do not issue the refund if: your order does not arrive due to factors within your control (e.g. providing the wrong shipping address), you change your mind after purchasing and we have already sent a replacement item.

• Full details of Tauira Design's refund and return policy can be found on a dedicated page in the footer of each page on the website.

9. Delivery and Risk

• Tauira Design takes full responsibility for the products until they have been delivered. 
• Delivery is completed when the tracking is marked as delivered, when Tauira Design dispatches the order to a carrier/courier with the purpose to ship to the customer, when the order reaches the customer's address or when the order is handed to the customer in person. 
• When a shipping carrier/courier is used, Tauira Design will provide the tracking number and link to track the shipment of the order.
• Tauira Design covers the cost of shipping for the customer.
• The customer and the carrier/courier are the only parties to the shipping and delivery contract.
• If the customers claims their order is lost in transit, the customer bears the responsibility of lodging a claim with the shipping provider. Tauira Design may need to provide supporting information during such a claim process, the customer can contact Tauira Design using our website or emailing tauiradesign@gmail.com. 
• The customer agrees that their use of, or inability to use, our website and/or services, is at the sole risk of the customer. 

10. Third Parties

• Tauira Design may provide access to third-party tools or websites as part of completing your order, such as a shipping tracking link.
• Tauira Design provides such access on an 'as is,' 'as available' basis and does not monitor third-parties or bear any responsibility for anything associated with third-party providers. 
• Tauira Design encourages you to review any third-party's policies to ensure you understand them before engaging with them. 
• Any complaints or concerns about a third-party shall be taken up with the third-party.

11. Privacy Policy

• Full details of Tauira Design's privacy policy can be found on a dedicated page in the footer of each page on the website.
• Personal information is governed by our Privacy Policy. 

12. Customer feedback

• If the customer provides ideas, suggestions or other feedback, the customer agrees that Tauira Design may use, edit, publish or copy any such material without payment to the customer.

13. Warranties and liability

• All products delivered to the customer are provided on an 'as is, as available' basis without any representation, warranties or conditions of any kind.
• Tauira Design does not guarantee that the use of our services will always be uninterrupted, timely and error-free. Tauira Design reserves the right to disable the website and its services for any period of time without notice.
• If Tauira Design is deemed liable to the customer by the manufacturer for any reason, Tauira Design is only liable for the amount paid by the customer and any expenses incurred (if applicable).
• If the customer is purchasing a product under this agreement for business purposes, the Consumer Guarantees Act 1993 does not apply. 

14. Indemnification, severability and termination

• The customer agrees to indemnify and hold us harmless from any claim made by any third-party arising out of your breach of these terms. 
• If any of these terms are deemed unlawful or void, such a term will be enforceable to its fullest extent permitted by applicable law and the unlawful portion shall be severed from these terms. 
• If a term or a portion of a term is deemed unlawful or void, it shall not affect the lawfulness or validity of any other remaining term. 
• The customer may terminate these terms of service at any time by notifying us in writing or by ceasing use of this website. Tauira Design may terminate this agreement if the customer is deemed to have failed to comply with any of these terms. The customer remains liable for any outstanding amounts up to and including the date of termination. 

15. Changes to Terms of Service

• The most current version of these terms can be found on this page at any time. 
• Tauira Design reserves the right to update, change or replace any part of these terms at any time without notice. 
• The customers continued use of this website constitutes acceptance of any changes and updated terms. 
• If you have any questions about these terms, they should be sent to us via our website form or at tauiradesign@gmail.com 

16. Dispute Resolution

• If a dispute arises between Tauira Design and the customer, the parties must first pursue a mediation resolution approach. The initiating party must serve written notice of a dispute to the responding party that includes details of the dispute and a representative for the dispute resolution process. The responding party must provide written notice of their representative for the proceedings within seven working days after receiving the notice of dispute. The representatives have 14 working days after the responding party's notice is received, to resolve the dispute and provide a solution. 
• Court proceedings cannot be pursued until the mediation resolution approach has been complied with.