Terms and Conditions


GENERAL

1.1 DEFINITIONS

1.1.1. "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing sginz.gposnz.com who is not registered to use Treasures of the Heart Bookshop Online Shopping.

1.1.2. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985

1.1.3. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

1.1.4. "Login" means a Customer's personal password and access to the sginz.gposnz.com website under that Customers registration.

1.1.5. "Products" means all the products for sale in the sginz.gposnz.com website. These products can be purchased via the sginz.gposnz.com website and through Treasures of the Heart Bookshop retail outlet.

1.1.6. "Site Policy" means the website policy of the sginz.gposnz.com website.

1.1.7. “Website” means this website, accessible via the sginz.gposnz.com domain name.

1.1.8. "Treasures of the Heart Bookshop" means this Internet site being the medium by which products are offered for sale by sginz.gposnz.com to the Customer. sginz.gposnz.com is owned by .


2. Use of Treasures of the Heart Bookshop website subject to terms and conditions

2.1 Your access to, and use of, Treasures of the Heart Bookshop website is subject to the following terms and conditions. By using Treasures of the Heart Bookshop website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Treasures of the Heart Bookshop website constitute legal offers to purchase, and are capable of being accepted by Treasures of the Heart Bookshop without any further reference to the Customer.

2.2. These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.

2.3. Treasures of the Heart Bookshop may at any time, vary these terms and conditions.

2.4. No delay, neglect or forbearance by Treasures of the Heart Bookshop in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice Treasures of the Heart Bookshop rights hereunder.

2.5. If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.

2.6. PURCHASE TERMS

When purchasing Products on this website The Customer confirms and acknowledges that:

2.6.1. All information supplied by the Customer to Treasures of the Heart Bookshop is correct at the time of purchase on this website.Treasures of the Heart Bookshop may contact that Customer to verify their information.

2.6.2. Treasures of the Heart Bookshop may disclose the Customer’s information to their bank or Credit Card Company and for the purposes of any debt recovery proceedings Treasures of the Heart Bookshop may issue against the Customer.


3. PRICE

3.1. Registration and access costs

No costs are payable to register to use Treasures of the Heart Bookshop website, but Customers are responsible for any costs incurred in using Treasures of the Heart Bookshop website, including any charges imposed by their internet service provider.

3.2. Product prices are displayed in New Zealand currency.

3.3. The price of the products is inclusive of GST.

3.4. Treasures of the Heart Bookshop shall charge the Customer a delivery fee which covers the costs associated with picking, packing and the delivery of their order. The fee shall be identified and included in the total price at the time of purchase. Treasures of the Heart Bookshop is entitled to change this fee at any time.

3.5. If the Customer requests a variation to the order which Treasures of the Heart Bookshop accepts then the price payable for the order will be adjusted to reflect the variation and recorded on the invoice.

3.6. Treasures of the Heart Bookshop may vary the prices of the products at any time without notice.

3.7. In the event that computer error results in a material misstatement of the Customer’s order, Treasures of the Heart Bookshop may, prior to the customer’s receipt of the order or at any time thereafter, require that the Customer pay Treasures of the Heart Bookshop the difference between the amount charged for the order and the correct amount payable.


4. PRODUCT AVAILABILITY, RANGE, SPECIALS AND QUALITY

4.1. All products are sold subject to their availability while stocks last. Treasures of the Heart Bookshop shall not be responsible for its inability to supply products to the Customer where the product is unavailable or where stock has been exhausted.

4.2 Treasures of the Heart Bookshop may delay dispatch of orders that exceed reasonable household quantities due to stock availability.

4.3. The Treasures of the Heart Bookshop website does not allow back orders for specials that are not available at the point of ordering.

4.4. Treasures of the Heart Bookshop reserves the right to limit the range of products available to certain areas.

4.5. Treasures of the Heart Bookshop reserves the right to limit quantities of the product.

4.6. Acceptance of an order containing alcohol made by a Customer on a Good Friday or Christmas day shall not be accepted by Treasures of the Heart Bookshop immediately on placement but be deemed to have been accepted at 12.05 am the following day.


5. PAYMENT

5.1. The Customer shall make payment of each order by credit card, Internet Bank Deposit or payment at shop. Treasures of the Heart Bookshop online shopping will not accept any other method of payment. Treasures of the Heart Bookshop may change the payment method at any time and for any reason.

5.2. The Customer is liable for all costs associated with the collection of any unpaid amounts where the Customer's payment has defaulted. The Customer agrees to indemnify Treasures of the Heart Bookshop against any default by their credit card company to make payment to Treasures of the Heart Bookshop in full.


6. DELIVERY

6.1. Treasures of the Heart Bookshop delivers to most locations within the North and South Islands of New Zealand. Delivery is deemed to have taken place when the products reach the address the Customer has specified for delivery.

6.2. Property and risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address.

6.3. Nothing in these terms and conditions entitles the Customer to refuse to take delivery or return the products as being surplus to their needs or for any other reason other than those agreed herein.

6.4. Couriers may request the person accepting delivery of the Products to produce satisfactory evidence of their age. If such evidence is not produced, the courier may refuse to deliver the product ordered.Treasures of the Heart Bookshop reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer or alternative delivery arrangements are made.

6.5. Treasures of the Heart Bookshop shall use all reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form on a timely basis. Treasures of the Heart Bookshop is not responsible for any failure to deliver or delay in delivery caused by any event outside its reasonable control.

6.6. The Customer is to notify Treasures of the Heart Bookshop (info@sginz.org) immediately of a change to their delivery address and in such case the notification shall be treated as a new application for registration.

6.7. Advice regarding order shortages or damage in transit must be given to Treasures of the Heart Bookshop no later than two (2) days after receipt of the products.

6.8. Where Treasures of the Heart Bookshop fails to deliver or delays all or part of the Customer’s order or when loss is incurred by the Customer in relation to such delivery which is within Treasures of the Heart Bookshop control, Treasures of the Heart Bookshop liability shall be restricted to payment of the cost of replacing the order of part of the order as Treasures of the Heart Bookshop may determine in Treasures of the Heart Bookshop sole discretion.


7. ORDER VARIATIONS/CANCELLATIONS/RETURNS/REFUND

7.1. The Customer may vary or cancel the order up to the point in time that Treasures of the Heart Bookshop has commenced packing the order by contacting the Treasures of the Heart Bookshop on 09-5251829.

7.2. Subject to the Customer's consent, Treasures of the Heart Bookshop may substitute a product for another similar product if the initial product ordered by the Customer is unavailable.

7.3. Subject to clause 6.7, if for any reason, the Customer is dissatisfied with their order, they must contact Treasures of the Heart Bookshop within Seven (7) days of receipt of the order 09-5251829 for assistance.

7.4. REFUND POLICY

7.4.1 Damaged Product

If any Product is delivered to you in a damaged or spoiled condition, Treasures of the Heart Bookshop may (subject to Clause 6.7;6.8) that such damage was caused by an act or omission by Treasures of the Heart Bookshop or the Courier) refund you the value of that Product determined as at the date of your relevant order or re-deliver that product.

7.4.2 Undelivered Product

Subject to the Customer's consent, Treasures of the Heart Bookshop fails to deliver any Product ordered and paid for by you(subject to clause 7.2),cancel your order for the Relevant Product and refund the actual amount paid for the Relevant Product.


8. DISCLAIMERS WARRANTIES AND LIMITATIONS OF LIABILITY

8.1. Treasures of the Heart Bookshop makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. The Customer expressly agrees that their use of this site is at their sole risk and that they buy the product in reliance upon their own judgment. To the full extent permissible by applicable law, Treasures of the Heart Bookshop disclaims all warranties, express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose. Treasures of the Heart Bookshop does not warrant that this site, its servers, or e-mail sent from Treasures of the Heart Bookshop are free of viruses or other harmful components. Treasures of the Heart Bookshop will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, and consequential damages.

8.2. The liability of Treasures of the Heart Bookshop whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Treasures of the Heart Bookshop obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.


9. INTELLECTUAL PROPERTY

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Treasures of the Heart Bookshop website and its contents is owned by, and shall at all times remain the exclusive property of Treasures of the Heart Bookshop , its licensors and the providers of any other products and services accessible through Treasures of the Heart Bookshop website, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.


10. USE OF YOUR INFORMATION

10.1. The Customers use of this website will generate certain information that will be recorded electronically by Treasures of the Heart Bookshop . Information of this type may include, for example, the Customers IP address, usage statistics etc. Treasures of the Heart Bookshop will also record the Customer’s contact details and any related personal details that the Customer supplies or that Treasures of the Heart Bookshop obtains independently.

10.2. The Customer acknowledges that Treasures of the Heart Bookshop , its employees, carriers, contractors and agents may use or disclose any of the information identified in the previous clause for purposes connected with the supply of services to the Customer. Examples of purposes connected with supply include for example:

10.2.1. administration of the Customers order or account on the website;

10.2.2. carrying out credit checks;

10.2.3. keeping the Customer up to date with new offers / changes at Treasures of the Heart Bookshop ;

10.2.4. sharing with contractors to enable the Customer to use or facilitate their use of the website;

10.2.5. Undertaking any dealings or transactions with the Customer;

10.2.6. Enforcement of any legal or other rights Treasures of the Heart Bookshop sees fit.

10.3. The Customer may at any time make a written request to see any personal information that Treasures of the Heart Bookshop holds or to ask to correct any mistakes in that information.


11. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES

11.1. The Customer agrees by registering on this website that they expressly consent to their inclusion in Treasures of the Heart Bookshop direct marketing database and accept that they may, as a result, receive regular electronic communications and promotional communications from Treasures of the Heart Bookshop . The Customer has the right to ask Treasures of the Heart Bookshop at any time to stop sending online communications and promotional offers to them.


12. SECURITY OF INFORMATION

12.1. Treasures of the Heart Bookshop shall use its best endeavours to prevent any unauthorised entry into the Treasures of the Heart Bookshop website. However Treasures of the Heart Bookshop shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.

12.2. Treasures of the Heart Bookshop will not store, process or transmit any cardholder data after authorisation, unless absolutely necessary.

12.3. The Customer is obligated to keep their login and password details safe and confidential at all times.


13. JURISDICTION / DISPUTES

13.1. This website is provided for use by New Zealand residents. Treasures of the Heart Bookshop makes no representations that the website complies with the laws of any country outside of New Zealand.

13.2. These terms and conditions are governed by New Zealand law and any legal action against Treasures of the Heart Bookshop must be taken in a Court in New Zealand.

13.3. The Customer agrees that in the event of any legal dispute relating to these terms and conditions the parties will attempt to settle matters by way of mediation at first instance.


14. ASSIGNMENT

14.1. The Customer may not assign any rights under this agreement except without the written consent of Treasures of the Heart Bookshop .

14.2. Treasures of the Heart Bookshop may assign its rights under this agreement without seeking the Customer’s consent.


15. NOTICES

15.1. Treasures of the Heart Bookshop will send all invoices and notices required to the address (postal, fax or email) that the Customer nominated as their referred method of contact. It is the Customer’s responsibility to ensure that the Customer keeps Treasures of the Heart Bookshop informed of any changes to their contact details.

15.2. The Customer will be deemed to have received a notice:

15.2.1. sent by email or fax, at the time it is sent;

15.2.2. sent by post, four days after it is sent.


16.CONSUMER GUARANTEES ACT

16.1. The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by Treasures of the Heart Bookshop .

16.2. The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.

 

I have read, understood and accept this Terms And Conditions Of Sales of Treasures of the Heart Bookshop