Terms & Conditions
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Wine is sold by Haha Wine Company Ltd (HHWC). HHWC holds an off licence as defined in New Zealand's Sale of Liquor Act and is legally authorized to promote, sell and deliver wine via online and mail order. It is against the law to use this site to purchase liquor if you are under 18, or with the purpose of supplying alcohol to under 18s. HHWC's licence number is 29/OFF/030/18.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you
represent that you are at least
the age of majority in your state or province of residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must
not transmit any worms or viruses or any code of a destructive nature.
SECTION 2
- GENERAL
CONDITIONS
We reserve the right to refuse service to anyone for any reason at any
time.
You understand
that your content (not including credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which the service is
provided, without express written permission by us.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS
AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this
site is not
accurate, complete or current. The material on this site is provided for general information only and should not
be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the material on this site is at your own
risk.
This site may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You agree that it is your responsibility
to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND
PRICES
Prices for our
products are subject to change without notice.
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to
any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION
5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online
through the
website. These products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of
any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at anytime without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet your expectations, or that any
errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND
ACCOUNT
INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion,
limit or cancel quantities purchased per person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same credit card, and/or orders that use the same
billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
For more detail, please review our Returns
Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access
to third-party tools over which
we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to
such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or
features through the website (including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
SECTION 8 -
THIRD-PARTY LINKS
Certain
content, products and services available via our Service may include materials from
third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials or websites, or for any
other materials, products, or services of third-parties.
We are not liable for any harm or damages
related to the purchase or use of goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9
- USER COMMENTS, FEEDBACK
AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example
contest
entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we
may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments
in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but
have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.
You agree that your comments will not violate
any right of any third-party, including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive
or obscene material, or contain any computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal
information through the store is governed by our Privacy Policy.
SECTION 11 -
ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after you have submitted your
order).
We undertake no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or updated.
SECTION 12 -
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you
are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations,
rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any
other type of malicious code that will or may be used in any way that will affect the functionality or operation
of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 13 -
DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from
the use of the service will be accurate or reliable.
You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as expressly stated by us) provided 'as
is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Boh Runga
Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the service or any products procured
using the service, or for any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise
made available via the service, even if advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states
or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 -
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Boh Runga Design and our
parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - SEVERABILITY
In the event that any
provision of these Terms of Service
is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the
fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from
these Terms of Service, such determination shall not affect the validity and enforceability of any other
remaining provisions.
SECTION 16 - TERMINATION
The obligations and
liabilities of the parties
incurred prior to the termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or
when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE
AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall
not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but not limited to, any
prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 18 - GOVERNING
LAW
These Terms of
Service and any separate agreements whereby we provide you Services shall be governed by and construed in
accordance with the laws of 287 Ponsonby Road, Three Lamps, Auckland 1011, New
Zealand.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most
current version of the Terms of
Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of or access to our website or
the Service following the posting of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
Questions about the
Terms of Service should be sent to
us at hello@bohrunga.com.
