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Terms of Trade
1. TERMS AND CONDITIONS BETWEEN YOU AND SHINE
Acceptance of Terms and Conditions: By searching on the Website and purchasing products over the Website you accept, and agree to be bound by, these terms and conditions. Amendment of Terms and Conditions: Shine may amend these terms and conditions at any time by posting amended or replacement terms and conditions on the Website. Amendments will take effect immediately on posting on the Website and it is your responsibility to ensure that you are familiar with the content of the latest version of the terms and conditions at all times. By continuing to use the Website you agree to be bound by any amendments to the terms and conditions made since your last use.
2. USING SHINE’S WEBSITE
Age and Residency: To use the Website to purchase Products you must be located in New Zealand. Provision of Information: When you use the Website to purchase any Products you will be required to provide certain information. You agree and warrant that: (a) You will not use any false identities or personas and must provide us with your full legal name and current details; (b) All information provided by you will be true and correct in all respects at the time it is given; (c) You are responsible for ensuring that all information which is necessary to process any uncompleted sale transaction is kept up to date at all times, and will provide details of any changes to Shine. Continued use of Website: We reserve the right to suspend your use of the Website or ban you from using the Website at any time for any reason. Without limiting the circumstances in which we may take such action, we may do so if you commit any breach of these terms and conditions, if you are bankrupt or insolvent, if you commit any crime in the course of using the Website or if we receive any complaints about your use of the Website.
3. GENERAL RULES FOR USE OF WEBSITE
Use: You must use the Web Shop for the purpose of searching for Product purchases and to execute purchases of Products in accordance with the Website processes and instructions only. Good faith: You must act in good faith toward Shine in using the Website. Communications: You must: (a) communicate with Shine for bona fide purposes only (for example, in relation to searching for, or enquiring about, Products or enquiring about use of the Website); (b) not engage in any offensive communications over the Website; Personal/Business: The Web shop may be used for personal or business use. Comply with Instructions and Processes: You must comply with any directions given to you by Shine regarding your use of the Website and otherwise comply with the processes and procedures contained in the Website. No damage/interference: You must not attempt to damage, interfere with or harm the Website or any network or system underlying or connected to it, including by using a robot, spider, software or other automated means of access to the Website or information featured on it, for any purpose.
4. SHINE’S WEBSITE POLICIES
We may from time to time develop (and alter) policies relating to the use of the Website which are separate from these terms and conditions and which have general application to all users of the Website, and you must comply with all such policies as and when they are posted on the Website.
5. SALE & DONATION TRANSACTIONS VIA WEBSITE
After you've donated or purchased a product with your credit card via Shine's website, the name that will appear on your statement will be Shine. Nature of transaction: A binding sale transaction for a Product will be entered into between you and Shine only when you place an order for an advertised Product (via the Website order mechanism) and Shine accepts that order (again via the Website mechanism). Buyer Obligations for Sale Transactions: The following specific requirements apply regarding sale transactions: (a) Orders for Products may not be retracted once placed. By placing an order, you warrant and represent that you have the legal right to enter into the sale transaction; (b) You must complete the purchase of a Product on notification of acceptance of your order (including making payment in full); (c) If you default in completing any sale transaction (including failing to make payment of any part of the purchase price for any Products) you will have legal liability to Shine and we may suspend or ban your use of the Website. Payment mechanism: (a) Shine operates a credit card payment mechanism to enable you to make payment for all purchases of Products. Your credit card details will be captured at the time you place an order for an advertised Product and payment will be processed automatically at that time. (b) Training courses only - You may request an invoice made out to your company and also pay by cheque or direct credit. Payments must be tendered to Shine immediately on receipt of invoice. If you pay by cheque or direct credit, the relevant sale transaction will not be treated as complete until your payment has cleared. (c) Payment for all sale transactions must be made by either credit card, cheque or direct credit in the case of training courses as above. No other payment method may be used. Cancellation of Orders: Without limiting any other rights of Shine, it may cancel any order: (a) if payment of the Purchase Price has not been received by Shine in full and in cleared funds within five days of the Order becoming binding on the Purchaser; (b) if any good is out of stock or otherwise becomes unavailable. Where Shine cancels an Order under this clause, it will have no liability to the Purchaser but will repay to the Purchaser any money received from the Purchaser in satisfaction of the Purchase Price. On cancellation of an order the Purchaser shall have no right to the Goods. Delivery: Where the parties have agreed that Shine will arrange delivery of the Goods, to a place specified in the Order, Shine will use reasonable endeavours to ensure that the Goods are dispatched for delivery to that place within five days of receipt by it of the Purchase Price. Shine shall not be obliged to deliver any Good until it has received, in cleared funds, the full Purchase Price for all Goods in the relevant Order.
6. QUERIES ABOUT PRODUCTS, AND PRODUCT SUPPORT
Question Facility: Shine will respond directly via email. Complaints: Complaints or claims concerning Products purchased over the Website must be addressed to Shine.
7. BUYER AND SALE INFORMATION/WEBSITE STATS
Privacy: Shine collects and retains personal information about you as a result of your using the Website and participating in sale transactions. The personal information is used for the following purposes: (a) To operate and administer the Website and give effect to all transactions and matters arising from your use of the website; (b) To analyse the use of the Website and provide reports on the Website; (c) To improve the Website; (d) To communicate with you for any purpose relating to your use of the Website and in connection with these terms and conditions; (e) To enforce its rights under these terms and conditions. Privacy Act: Personal information collected from or about you for the above purposes will be retained by Shine in its database at its business premises. You have the right to access any personal information and to correct or delete any personal information from the database. You can do this by sending an email request to firstname.lastname@example.org Ownership of Information and Data: Subject to the preceding paragraph, all information and data collected by us in the course of operating the Website (including all information relating to users of the Website, transactions on the Website and Website statistics) will be owned by us to the extent such information is capable of being owned and is not owned by another party at the time of collection or generation by us.
7. INTELLECTUAL PROPERTY
All intellectual property rights in the Website (including copyright in all text, graphics, logos, software and icons) are owned by or licensed to us, and you agree that you may not copy, adapt, store, distribute or reproduce any part of the site without our prior written approval. Site Accessibility and System Integrity: (a) We will use all reasonable efforts to ensure the general availability of the Website and to prevent the corruption or loss of data of held by us and the transmission of viruses. However, we take no responsibility for and have no liability for any unavailability of the Website, corruption or loss of data or transmission of viruses or losses relating to these events. In particular, we take no responsibility or liability for any events which are outside our reasonable control including communications and hardware failures relating to the Website. (b) The Website is controlled and operated from within New Zealand and we make no representation or warranty that the Website or its content are appropriate, available or lawful for use in other countries. If you access the Website from outside New Zealand, you are responsible for ensuring your own compliance with local laws. Liability: Without limiting any other provision of these terms and conditions (but subject to the final paragraph of this clause) you agree that any and all liability and responsibility of Shine to you (whether such liability arises in contract, tort, equity or otherwise) as a result of or arising from your use of the Website or our services or for any other matter relating in any way to the Website or its content, is excluded to the maximum extent permitted by law. Shine’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect including, without limitation, loss or profits, loss of data, loss of business and consequential and indirect loss. Indemnity: You hereby indemnify us from and against all losses, damage, costs and expenses suffered or incurred by us arising from your use of the Website including from any misleading, deceptive or inaccurate information provided by you to us.
Entire Agreement: These terms and conditions contain all of the terms, representations and warranties made between us covering the subject matter of these terms and conditions. Amendments: Except as otherwise expressly provided in these terms and conditions, no amendment of these terms and conditions will be effective unless it is in writing and signed by both of us. Waiver: No waiver by of us of any breach of these terms and conditions will be considered as a waiver of any subsequent breach of the same or any other provision, and no waiver will be binding on us unless it is given in writing. Assignment: We may assign the benefit of these terms and conditions to any party without obtaining your consent. Governing Law: These terms and conditions will be construed and take effect pursuant to the laws of New Zealand, and we each submit to the exclusive jurisdiction of the New Zealand courts.
9. DEFINITIONS USED IN THESE TERMS AND CONDITIONS
“Products” means any products and services listed and advertised for sale on the Website by Suppliers. “you”, “your” means any person who uses the Website to search for and/or purchase Products. “Website” means Shine’s website at www.2shine.org.nz, and, where the context permits or requires, includes all services provided by Shine via the website or in connection with the website.
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