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TERMS OF SERVICE

Acceptance of terms

These terms of service apply to the  supply of goods and services by Blackberry & Thyme, to you, the purchaser of goods and services from us, including your use of the website at www.blackberryandthyme.co.nz.

Blackberry & Thyme reserve the right to change these terms of trade at any time. Notice may or may not be given by posting the revised terms and conditions on our website.  

Purchases from our online store may only be made by persons who are acquiring goods or services for their own use including legitimate gifting. You must not acquire goods from us via the website for resupply in trade or otherwise. If you intend to purchase on behalf of another entity such as a company you must have the authorisation and agreance from Blackberry & Thyme. 
 

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Availability and supply

All orders are subject to the availability of those products or services. If for any reason a product is unavailable, we will endeavour to remove or notify the non-availability on our online store. We are not liable for inaccurate or out of date information on our site. We will always endeavour to have complete and accurate information on our website. 

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Delivery and delivery charges

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

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

We will use all reasonable resources to ensure your order will be dispatched within 3-5 working days after we have received your order. 
 

Pricing

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

Payment options

We accept payment from most major credit cards via 'Stripe'.
We also accept payment from your PayPal account if you have one. 
 

Credit Card Security

All PayPal payments that are processed via PayPal's high level of payment security system are subject to PayPal's terms and conditions. 

Click here 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
 

Shipping and delivery

All items will be wrapped and shipped to our best possible ability and in a suitable way for protection of the product during the transit process.

Returns
We are unable to accept returns due to change of mind, please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
We operate under the  Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/online-shopping/.

As 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 extends to anyone else we may use to perform our duties or provide services under any agreement you have with us. These persons are liable to pay you directly for anything else in resulting from or connection with, anything any of us does or does not do and/or delays in doing, whether or not it is authorised by any agreement you have with us. All legal rights you may have under the Consumer Guarantees Act 1993 will be adhered to.

If any liability to you be required, this 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.

 

Blackberry & Thyme, owners, staff or employees are not liable, present or future, for direct or indirect damage, expense or loss arising from connection to your use of our intellectual property, or site. This includes data.

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Applicable law and jurisdiction

This agreement contains all the terms of the relationship between you and Blackberry & Thyme, and applies 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 unless agreed otherwise.

These terms of service, use of our web site, the supply of our products/services by us to you, 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 acts for, or who you permit to act for you, supplies incorrect information for the purchase of a product or service and we incur costs in any matter concerning that 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/services in accordance with the applicable laws of New Zealand and the country or countries where you are based. 

 

Site Conduct

Unlawful, inappropriate behaviour and/or actions which may bring our site/products/services into disrepute is prohibited.

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Tampering, harassing, transmitting viruses, sending unsolicited messages, threatening this site/business, or assisting/facilitating another party to do so is prohibited by law. 

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Privacy policy and Confidentiality

Any personal details you send to us will be kept private unless instructed by law or you to disclose. 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. We may send emails to you from time to time.

You may or may not need to permit "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 may not be available to you. 

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 are able to request details of your personal information that we may or may not hold, and ask us to correct or change it, at any time. 
 

General Conditions and Intellectual Property

We reserve the right to change these terms and conditions from time to time.

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

 

Your use of our site and purchase of products/services does not grant you intellectual property rights to either.
 

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