The Fine Print
Thank you for your business and your support. Please take time to read these Terms and Conditions ("Terms") to understand our contractual relationship both relating to your use of our website and any goods we provide you. References in the Terms to "us", "we" or "our" are references to Seismic Shift Ltd, its directors and its employees.
Acceptance of Terms
These Terms govern all supply of goods by Seismic Shift Ltd to you, the purchaser, including your use of our website at www.seismicshift.nz. Our website is made available to you subject to these Terms and by using our website, you acknowledge that you have read, understood and accepted these Terms, and agree to be bound by and abide by the Terms. Where your access and use is on behalf of another person or company, you warrant that you are authorised to agree to these Terms on behalf of such person or company and that by agreeing to these Terms on their or its behalf, that person or company is bound by these Terms. We may amend these Terms in whole or in part from time to time at our complete discretion and without notice. Any amendments to these Terms will be effective immediately when posted on our website. Accordingly, we recommend you check these Terms periodically for any changes. You acknowledge that your continued use of our website after any of the Terms have been amended indicates your acceptance of those changes.
While we will endeavour to ensure the completeness and accuracy of the information we provide on our website, you acknowledge that all such information (including in relation to the descriptions and pricing of our goods) is provided "as is" and "as available" and without any warranties of any kind either express or implied. In addition, we accept no responsibility to you or any other person for inaccurate or incorrect information and we reserve the right to change information at any time without notice. We do not warrant that our website or the server are free of viruses or other harmful components and we shall not be responsible or liable for any error in, or omission from, the information we have provided on our website except as required by law.
Use of the Website
You agree not to use our website for any unlawful purpose or any other use prohibited by these Terms. Purchases from our online shop may only be made by the person or company acquiring the goods or services for their or its own use or consumption, and you are prohibited from acquiring goods from us via our website for the purposes of resupply (whether in trade or otherwise) – for the avoidance of doubt this does not prevent the goods being incorporated into, and sold as part of, a larger design. You agree that you will not interfere with any other third party's use and enjoyment of our website, or damage the operation of our website, or our systems or those of other persons who use our website, whether such interference or damage is by way of a virus, corrupted file, any other software or program, or otherwise. We reserve the right to suspend your use of our website where we consider that you may have breached these Terms or any applicable law, or are likely to do so.
Intellectual Property Rights
All right, title and interest in all intellectual property rights relating to our website and its content (including the domain name, any software code underlying the website, the design, graphical content and any trademarks) is owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of goods accessible on our website. You acknowledge that our intellectual property rights are protected by New Zealand and international law, and that you will not copy any intellectual property (other than as necessary to browse the website) or deal with any intellectual property except as permitted by these Terms. Nothing in these Terms shall constitute any licence to you of any intellectual property rights. You may download and temporarily store one or more of these pages for the sole purpose of viewing on a personal computer or mobile device via a web browser and to print pages for your own personal use. Otherwise you must not copy, display, modify, reproduce, store in a retrieval system, transmit (in any form or by any means), distribute, use for creating derivative works or use in any other way for commercial or public purposes any part of this website without our prior written consent. Please let us know if you believe there has been an infringement of our rights by reporting the use to firstname.lastname@example.org.
Pricing and Payment Policy
All prices outlined in our website are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless otherwise stated but are exclusive of delivery charges. We reserve the right to alter any of our prices at any time without notice. An invoice will be emailed to you at the email address you supply when you place your order. You are solely responsible for ensuring that your contact details and all other information relating to your purchase are correct and we will not be responsible for any loss suffered by you due to incorrect information.We accept the following credit cards; Visa, MasterCard and American Express. We also accept payment from your Stripe account if you have one. All payments are processed via Stripe's secure payments system to ensure high levels of payment security and are subject to PayPal's Terms and conditions, available here.
Refusing or Cancelling Orders Policy
We do not guarantee that all goods advertised on our website will be available. If for any reason a product is not available, we will endeavour to notify the non-availability on our website. In the unlikely event that the goods you have ordered are no longer available or have been incorrectly described or priced, we reserve the right to refuse or cancel an order (or vary an order to remove such items). In addition, we reserve the right to refuse or cancel any orders which we believe (solely by our own reasonable judgement) have been placed in breach of these Terms (including for any reselling purposes) and/or have been placed fraudulently or in error.
Delivery and Delivery Charges
Prices for goods stated on our website are exclusive of all applicable delivery charges. Delivery charges (if applicable) will be charged to you in addition to the cost of the goods. Currently we only deliver to addresses within New Zealand. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online cart. We will use all reasonable endeavours to ensure that goods are despatched promptly after an order has been placed, and in line with our Shipping & Delivery guideline, however we do not guarantee the arrival of goods to you within any timeframes outlined on our website. We will ensure that all goods are dispatched by us in a good condition, however from the time of dispatch, the delivery and condition of the goods shall be entirely at your risk.
Where the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986 (Acts) apply, nothing in these Terms shall contract out of or limit the application of those Acts. Where you are not "in trade" within the meaning of the Fair Trading Act or the Consumer Guarantees Act 1993 (as the case may be), the full provisions of the Acts will apply. Where you are "in trade", we and you agree to contract out of the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14 of the Fair Trading Act 1986. Where you are in trade, you acknowledge that the effectiveness of the contracting out of the Acts is subject to compliance with the statutory tests including that it is fair and reasonable that the customer be bound by those terms. All claims against us by you must be made within 5 working days of receipt of the goods. We reserve the right in our discretion to repair or service or replace goods or to credit the portion of the price applicable to the goods in respect of any claims accepted. Without limiting the above, but to the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. The exclusions referred to in this paragraph also extend to apply to every employee of us and anyone else we use to perform our duties or provide or supply goods under any agreement . We will not be liable to you for anything else in connection with this agreement. Our maximum liability to you (if any) shall be limited to the value of any faulty goods supplied by us and we will not otherwise be liable to you for loss or damage of any kind however that loss or damage is caused or arises.We shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the website. All representations, Terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. . You agree to indemnify us against all liabilities, losses, (including consequential and indirect losses) claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly from your use of the website, or any breach of these Terms.
Governing Law and Jurisdiction
Unless we otherwise agree in writing, this agreement contains all the Terms of our relationship and continues to apply regardless of your country of residence or the location at the time any goods are purchased and provided to you by us. Use of our website, supply of our goods to you and any other matters arising from these Terms are governed by and are to be interpreted in accordance with New Zealand law. Accordingly, the Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these Terms, or with the use of our website. We may recover any costs incurred by us due to the supply of incorrect information by you (including but not limited to legal costs on a solicitor-client basis). Notwithstanding the above, you also agree to use our website and goods in accordance with the applicable laws of the country or countries where your business is based. If any of these Terms are found to be invalid, unenforceable or illegal, the remaining provisions will continue in full force and effect.