Terms and conditions for the use of this website and ordering and purchasing of goods
The following information describes the terms and conditions under which Tinker Designs offers you access to our website.
Please read these terms and conditions carefully before using our site. If there is anything that you do not understand or agree with please contact us for assistance. These terms and conditions form the basis of the contract/agreement between Tinker Designs and you and apply to your use of this website. Your use of this website indicates and constitutes acceptance of these terms and conditions. Tinker Designs may alter these terms and conditions at any time by posting amendments to our site, you are bound to the terms and conditions which exist at the time of your usage of this site and by using the site you are agreeing to these terms and conditions.
These terms and conditions cannot otherwise be amended unless in writing and signed by both parties – you and Tinker Designs
Disclaimer and Limitation of Liability
In no event shall Tinker Designs its shareholders, directors, owners, employees, Sales Consultants and representatives be liable for special, indirect, consequential or punitive damages related to products purchased from Tinker Designs
Tinker Designs expressly disclaims all warranties, express or implied, of any kind with respect to the site or its uses. You agree that any material downloaded or otherwise obtained through the use of this site is done at your own discretion and risk and that you will be solely responsible for any damage caused to your computer system or loss of data that results from the download of such material. You agree that tinker Designs and its shareholders, directors, owners, employees, Sales Consultants, and representatives shall not be liable for any damage arising from the operation, content, or use of this site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, indirect, compensatory, special, incidental, punitive, and consequential damage even if made aware of such damages.
The contents of this website are protected by copyright. The copying or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may print or download extracts of the materials on this site for your personal use.
Information on this website may be incomplete, out of date, or inaccurate and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Tinker Designs may also make improvements and/or changes in the products described in this information at any time without notice. It is therefore essential that you verify all such information with Tinker Designs before taking any action in reliance upon it.
Jurisdiction and Venue
You agree that any legal action brought against Tinker Designs shall be governed by the laws of New Zealand without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this website shall be an appropriate court located in Auckland, New Zealand.
These are the terms and conditions (which include our disclaimer and copyright notice) on which we do business for goods ordered through this website. They apply to all consumers. If you contract with us as a consumer they do not affect your statutory rights. They are designed to set out clearly our responsibilities and your rights.
- A contract is formed between us when (and not before) we receive a settlement of your credit/debit card payment. You may not cancel or vary your order once it has been accepted.
- Any typographical, clerical or other error or omission in any website-based information or other document or information issued by us shall be subject to correction without any liability on our part.
- No photographs or descriptions or any other information submitted or contained in this website or other advertising matter shall be deemed to form part of the contract but are for general information and guidance only.
- All payments will be received in New Zealand dollars and all purchases within New Zealand will be liable to GST at the prevailing NZ rate, all prices are shown in New Zealand dollars and include GST.
- The ordered goods will be delivered to the address entered by you when you place an order on-line. Ordered goods will normally be delivered within NZ within 3 -5 working days, (elsewhere in the world as advised), of your order being accepted and full payment being received, unless otherwise notified to you by us. However, we shall not be liable for any delay in delivery. If we fail to dispatch any ordered goods within 14 days of accepting your order we shall refund in full monies paid in respect of such goods.
- If any ordered goods are not readily available to us, we reserve the right to withdraw our acceptance of your order for such goods and to refund in full any payment you have made for them.
- We warrant that, at the time of delivery, the ordered goods will, subject as hereinafter provided, correspond with the description on this website, will be free from defects in materials and workmanship, and will be of satisfactory quality. There may, however, be minor variations between the goods as shown or described on our website and those dispatched to.
- Any claim by you that any product is defective or not of satisfactory quality must be notified to us by telephone, e-mail, or letter within (7) days from the date of delivery or, where this was not apparent on reasonable inspection, within (7) days after discovery or 30 days after dispatch by us, whichever is the earlier. If you do not notify us accordingly, we shall have no liability for such failure or defect.
- We shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal usage conditions, failure to follow our instruction (whether oral or in writing), misuse or alteration, or repair of the ordered goods without our approval.
- If you make a valid claim under our guarantee or our 30-day defective policy as detailed above we shall replace the ordered goods (subject to stock availability) in question free of charge or, at our sole discretion, a refund in full of the payment made in respect of such goods, but we shall have no further liability for such failure or defect. Such replacement or refund is conditional upon the ordered goods in question having been returned to us.
- We reserve the right to vary these terms and conditions at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when you placed your order.
- If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.