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Terms & Conditions

These terms and conditions govern all supply of goods and services ("products") by Rose in Thorns Ltd ("StickyTiki", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.stickytiki.nz ("the website"). They are effective from 9th February 2022 and will replace all earlier Rose in Thorns Ltd terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

Website Terms and Conditions
Our contact details can be found on the Contact Us page.
By using this website, you indicate you have agreed to the following terms and conditions:

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Trademarks
All brand names, product and service names and titles and copyrights used in this site are trademarks, trade names, service marks or copyrights of their respective holders. No permission is given by StickyTiki for their use by any person other than the said holders and such use may constitute an infringement of the holders' rights.

Copyright
All designs, text, graphics and their selection and arrangement on this Website are the copyright of StickyTiki or its content providers. Permission is granted to users to electronically copy or print portions of this site for their own personal, non-commercial use. Any other use of materials on this site without StickyTiki limited prior written consent is strictly prohibited.

Disclaimer of Warranty
We endeavour to present you with accurate and trustworthy information at all times, we cannot however guarantee that every piece of information on our web site is true, up to date and accurate at all times.

In addition, the web site does include content provided by third parties and users- content we distribute, we do not publish. The statements and advice offered by third parties are not necessarily those of StickyTiki.

Acceptance of terms
These terms and conditions govern all supply of goods and services ("products") by Rose in Thorns Ltd ("StickyTiki", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.stickytiki.nz ("the website"). They are effective from 9th February 2022 and will replace all earlier Rose in Thorns Ltd terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise). Please contact us if you would like to purchase wholesale for your company.

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.


Delivery and delivery charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We deliver to registered addresses in New Zealand and worldwide. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options
We accept the following credit cards:
Visa, MasterCard and American Express

We also accept payment from your PayPal account if you have one, and Laybuy.


Credit Card Security
We ensure security of all credit card transactions performed on the site with use of encryption technology.

Payments processed via PayPal's secure payments system ensure high levels of payment security and are subject to PayPal's terms and conditions.

Click here to for PayPal's terms.

https://cms.paypal.com/nz/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US

Cancellations
You can request to cancel your order through the Contact Us page within one hour of the order being placed. Any request received after that we will attempt to change but can't guarantee this as order packing and dispatch may have already have taken place.

Shipping and delivery
We deliver to registered addresses in New Zealand and worldwide. New Zealand orders are sent tracked via Post Haste Couriers. Orders to PO Boxes and some rural orders are sent via NZ Post. International orders are sent via NZ Post and are tracked.

Shipping prices can be found here.

Most orders are sent within 1-2 business days, but occasionally may take longer if the item isn't in stock and we need to make it. If there is a delay we will let you know. Delivery times can vary based on location. In New Zealand these are 2-3 days, up to 6 days for Australia and Asia and up to 10 days for other international orders. We inform you when your item has left our shores and when to expect it.

Please understand that sometimes customs will hold up delivery time, and may add additional charges including sales taxes. This is beyond our control.

Returns and Exchanges
Products can be returned to StickyTiki. You will need to contact us by emailing us within that day you received the goods. The product needs to be in its original packaging. You cannot return products that state they are non-returnable on the website unless it has been damaged during the delivery or the wrong product has been delivered.

If you would like to exchange your item please get in contact with us and we will confirm if the new item is available or not. Some items on the website will state whether the item is non-returnable, please be aware of these items.

If you have ordered the wrong product, you may return the product. However a restocking fee may be incurred.

We apologise if you have received a product that is faulty. Please contact us by email, and we can arrange an exchange or refund.

If you have ordered something and received the wrong product, please notify us as soon as possible by email so we can arrange for the correct product to be sent.

StickyTiki reserves the right to decide in its sole discretion whether it will accept the return of any Products for credit, repair or replacement. StickyTiki will not accept return of any Product that has been tampered with, where the damage has resulted from misuse or incorrect storage by the Customer or where the Product is expressly sold on a no-returns basis. Where returned Product is not accepted they will be returned to Customer at the Customer's cost. Receipt by StickyTiki of returned Product does not constitute acceptance for any purposes.

Damaged, Lost or Defective Products

If you suspect your product has been damaged during delivery please do not throw away the parcel or packaging in which the product came. Do not sign for the parcel from the courier company. Please contact us on phone: PHONE NUMBER or email EMAIL ADDRESS and we will organise the return of the product for inspection and will endeavour to send you a replacement as soon as possible.

Customer must return prepaid to StickyTiki within 10 days any Products that are damaged, or notify StickyTiki of any lost or incomplete deliveries so that StickyTiki can inspect the Products or lay claim against the carrier. Failure to do so will result in the claim being declined.

If your product doesn't arrive, please contact us so we can follow up with the carrier. We will do our best to track it down, but if we can't we will replace it after effort has been made to find it.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

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. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. 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 of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality
We collect and hold personal information from you when you fill out the forms in our website shop. We store this information with our service providers who supply our website to us. We also provide this information to Payment Providers so they can take your payment on our behalf.

Online payments made through the StickyTiki website are processed using either the eWay online payment gateway or PayPal. eWay and PayPal are both PCI DSS compliant payment processors.

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our website. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We and our service providers use your personal information to supply you with the goods and services you have purchased from us, to obtain payment, to contact you in the event that there is a problem with filling your order. We and our service providers can use your personal information in an aggregated form in which you cannot be identified (for example, to analyse sales patterns).

Except as identified in the last paragraph, we and our service providers will not otherwise use that information (for example, your personal information will not be provided to others for purposes other than as outlined in the last paragraph, such as selling customer lists (unless required to do so by law)).

If you haven't correctly provided your information to us we may not be able to deliver the goods and services to you properly, or provide you with a refund if we've decided to refund any money to you. We reserve the right to cancel your order if you supply us with incorrect information.

Under the Privacy Act 1993 you have rights to access and correct the personal information you provide to us.

We may update this Privacy Policy from time to time by placing an amended version of the policy on this website. Please check the website regularly for changes to this policy. Once the Privacy Policy is changed your ongoing use of this website indicates your acceptance of the changes.

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.stickytiki.nz.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.
 

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