1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website: ABERCROMBIE ENGRAVING a you agree to these Terms; and b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on AUGUST 2020
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Abercrombie Engraving Website means https://www.abercrombieengraving.co.nz/ You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and: a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org
4.3 You must: a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5 INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a: the Website being unavailable (in whole or in part) or performing slowly;
b: any error in, or omission from, any information made available through the Website;
c: any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d: any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the fullest extent permitted by law:
(a) our liability under these Terms is in substitution for, and to the exclusion of, all other warranties, representations, conditions or obligations imposed or implied by law, statute or otherwise in relation to the Goods; and
(b) all liability for any indirect, special or consequential loss or damage of any kind is expressly excluded.
8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
8.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
8.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
8.5 We do not disclose personal information to third parties for them to use for their own purposes. We will take reasonable steps to protect the security of the Personal Information we collect from you.
8.6 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org
9 SUSPENSION AND TERMINATION
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
10.1 If we need to contact you, we may do so by email. You agree that this satisfies all legal requirements in relation to written communications.
10.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be 5 treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
10.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
All pricing on this website is subject to New Zealand GST (goods and services tax) at a rate of 15%. GST is charged for all goods and services supplied within New Zealand.
12 ORDERS AND TIME FRAMES
All prices include GST and the engraving cost of each product.
We will endeavour to engrave and ship your order in 1 – 3 days, plus 1-3 days for Courier delivery.
However, during peak times, orders can take 10-14 days to complete.
Engraving details need to be clear and correctly spelt. We will not be responsible for incorrect spelling that you have supplied to us. Remember to specify deadline dates on your order.
ABERCROMBIE ENGRAVING will not be held responsible for orders that are declined. We ensure security of all credit card transactions performed on the site with use of encryption technology. We will validate your order and credit or debit card details you submit to us before your order can be accepted. Once that has been done, we will acknowledge that your order has been received by sending an e-mail to the address provided in your registration form.
13 DELIVERY SHIPPING & PACKAGING
We only deliver to registered addresses in New Zealand and do not ship overseas. New Zealand orders are sent via NZ POST and/or ARAMAX COURIERS
All deliveries within New Zealand are delivered by Courier direct to your door. If no one is home, a card will be left requesting that you contact the courier office to arrange a suitable delivery time. You can enter special delivery instructions when entering your address details.
Delivery times and prices for all products. (Subject to change)
Accuracy of shipping times cannot be guaranteed on all orders. We endeavour to get your order processed within a ONE to THREE DAYS of receiving your order, PLUS allow for courier delivery times
Nationwide NZ Post (small parcel)
Courier Envelope| 1- 3 working days | $8.00
RURAL DELIVERY ALLOW 3-5 DAYS
Auckland (box) 1 - 3 working days | $8.00
North Island $15.00, south Island $20.00
Please note no guarantees are made on delivery and times listed are approximate with delivery and online services only available Mon- Fri.
Any specified delivery dates are estimates only and we shall not be liable for failure to deliver on the estimated date.
ABERCROMBIE ENGRAVING does not accept responsibility for delays in delivery due to unforeseen circumstances (eg, strikes and natural disasters) or delays which result from ABERCROMBIE ENGRAVING not receiving deliveries from third parties on time or as a consequence of an incorrectly filled in delivery address.
14 REFUNDS AND REFUNDS
While we hope that you’re always delighted with your order, we understand that there are occasions you may want to return items.
Returns and Refund Policy
We cannot accept returned products that have been incorrectly engraved using the details you have provided.
We cannot refund correctly engraved items.
Abercrombie Engraving is more than happy to exchange or refund goods purchased online for up to 7 days after receipt, provided goods are
NOT ENGRAVED and returned to our online store in their original, unused condition with the original packaging and tags.
All undamaged correctly returned products will be refunded to the original purchases credit card within 7 days.
We will reimburse postage for damaged, defective or incorrectly sent items only.
We reserve the right to refuse a returned product that is damaged by the recipient due to lack of care.
If we have made an error with the engraving details, a replacement item will be sent. Customers must notify Abercrombie Engraving within 5 days of receiving their product if any details are incorrect when compared to the original order and proofs were confirmed.
Abercrombie Engraving will not refund items on special or on sale, and “no change of mind refund” is available.
How to Make a Return
Contact Abercrombie Engraving or email email@example.com to discuss your refund or exchange.
Returns and Exchanges sent to:
Abercrombie Engraving 4 Hamlet Place Pukekohe 2120 Auckland New Zealand.
Please make sure you give us a daytime telephone number or your email address so we can contact you.
Once we have received the returned products we will notify you by phone or email of your exchange or refund entitlement.
Goods are returned to Abercrombie Engraving at your own expense unless the item is faulty. Please ensure all items are packaged securely and are returned to us by Courier with a tracking number. Please note that Abercrombie Engraving is not responsible for the damage or loss of items being returned.
Your refund will be credited back to the original purchases credit card or nominated bank account and will exclude delivery costs, unless the item is faulty. Please be aware it may take several days for the refund to show in your account.
You can exchange any goods within 7 days of purchase.
If you wish to exchange an item please contact us as soon as possible. If you have decided to exchange for an item with a different dollar value we will credit or debit your card to match the difference.
We cannot exchange products that have been correctly engraved
You must notify us immediately, by phone 09 238 4343 or email firstname.lastname@example.org of your intention to cancel your purchase.
Failure to notify us within 1 working day will render your purchase confirmed.
Abercrombie Engraving(we, us, our) complies with the New Zealand Privacy Act 1993 (the Act) when dealing with personal information. Personal information is information about an identifiable individual (a natural person).
This policy sets out how we will collect, use, disclose and protect your personal information.
This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.
CHANGES TO THIS POLICY
We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.
WHO DO WE COLLECT YOUR PERSONAL INFORMATION FROM
We collect personal information about you from:
you, when you provide that personal information to us, including via the website and any related service, through any registration or subscription process, through any contact with us (e.g. telephone call or email), or when you buy or use our services and products
Where possible, we will collect personal information from you directly
HOW WE USE YOUR PERSONAL INFORMATION
We will use your personal information:
- to verify your identity
- to provide services and products to you
- to improve the services and products that we provide to you
- to bill you and to collect money that you owe us, including authorising and processing credit card transactions
- to respond to communications from you
- to protect and/or enforce our legal rights and interests, including defending any claim
- for any other purpose authorised by you or the Act.
DISCLOSING YOUR PERSONAL INFORMATION
We do not disclose personal information to third parties for them to use for their own purposes.
PROTECTING YOUR PERSONAL INFORMATION
We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.
In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.
If you want to exercise either of the above rights, email us at [insert email address]. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).
We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.
While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
[If you post your personal information on the website’s [message board/ chat room], you acknowledge and agree that the information you post is publicly available.]