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| Conditions of Use |
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Definitions
“Seller” , “We” are used interchangeably and refers to www.capstore.co.nz
“Buyer”, “Consumer”, “User” , “You” are used interchangeably to refer to the Customer purchasing or a user browsing this Website.
The “Website” or “this Website” refers to www.capstore.co.nz.
“Product” or “goods” refer to items offered for sale on the Website.
Consumers Guarantee Act 1993
The terms and conditions contained in this section will be read subject to the application of the Consumers Guarantee Act.
Disclaimer
We welcome you to our website.
When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.
This Website has been made as user-friendly and informative as possible. The information on this website is provided for general information only. Errors and omissions in this information may occur through negligence or human error.
Accordingly, we do not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.
Limitation of Liability
The seller shall not be liable to the Buyer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if the seller has been advised of their possibility. In no case shall the maximum liability exceed the cost of the original order.
Product description, promotional material and pricing
The seller makes every reasonable effort to ensure that the accuracy of product description, illustration, any marketing and promotional material; and pricing information provided. However the seller cannot provide any representations or warranties as to its accuracy, completeness or currency of information since some of the information is by necessity derived from suppliers and manufacturers.
The seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
The seller reserves the right to make changes to product information and pricing and improve the Website as necessary.
Prices
Except when stated otherwise, all product and service pricing are quoted in New Zealand dollars and inclusive of GST.
Acceptance of order
The seller has sole and exclusive discretion to accept or reject an order from the buyer in full or in part.
Where an order is accepted the seller will send an order acceptance notification to the buyer.
Where the seller does not accept the order, the buyer will be informed as soon as possible and any monies relating to the part of the order so rejected will be refunded to the buyer and the seller shall have no further liability to the buyer in relation to the rejected part of that order
Availability
All orders are subject to availability of product.
The seller will make every attempt to notify non availability on the Website so that a buyer can avoid ordering “out of stock” product.
However if the information on the Website is incorrect or if for other reasons a product is not available; the seller will notify the buyer within 2 working days and issue a refund.
Delivery
The seller is dependent on third parties for delivery and therefore the actual time it will take for the order to be delivered to the buyer may vary from the target delivery time. Please refer to our Shipping Information for estimated delivery times.
Risk on delivery to shipping address
Once the product is delivered to the address stipulated by the buyer, the buyer assumes full responsibility for the product and its risk.
Refunds
Refunds will be given at the discretion of the seller and in accordance with our published returns policy.
Return of products
Defective goods may be replaced at customer’s request or the price refunded.
Products returned must follow the seller’s return policies and procedures. Please refer to Shipping and Returns Policy.
Privacy Act 1993
Any personal information collected from the buyer is kept subject to accepted industry practices and the Privacy Act 1993.
When the buyer creates an account on our Website, either to purchase products or receive communication, from the seller; the buyer shall allow the seller to collect and retain personal information to process the buyer’s order and to offer new products and services to the customer.
Communications from seller
By creating an account with the seller you consent to receiving electronic communications from the seller.
These communications will include account status updates, order status updates, promotional and other marketing materials, and other information relating to the service. Your personal details will not be made available to any third party. For more information please see our Privacy and Security Policy
Copyright infringement
The seller takes care not to infringe on the copyrights of others.
However if you believe any data or content used on our Website or product catalog constitutes an infringement of your rights, as pursuant to Part 2 of the Copyright Act 1994, please write to us.
You can contact us at helpdesk@capstore.co.nz identifying the alleged infringement by including the URL pointing to the work, a declaration of your interest and contact details.
Governing Law
These Terms and Conditions of Use shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute.
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