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Terms of Sale

1.	These terms apply whenever products are supplied by The Name Shop. When we refer to "products", it includes all goods and any services that The Name Shop provides to you. When we refer to "you" we include all other persons who purchase the products or browse The Name Shop website under your login details whether or not they are registered to use the website. The Name Shop may vary these terms from time to time.
Acceptance of Terms
2.	When you access this website, you acknowledge that you have read and agreed to the terms described below. If you do not agree to the terms discussed here, you should exit the website and refrain from placing any order.
Orders, Price and Payment
3. 4. 5. 6. 7. 8. 9.	You must order products in accordance with the instructions on this website. All orders for products will be filled at prices quoted on this website at the time you make your order. Prices may increase or decrease from time to time. All prices are inclusive of Goods and Services Tax and any other sales tax. All payments for the products are payable in New Zealand currency unless stated otherwise. The Name Shop prices do not include any import fees, duties, tariffs or other charges associated with importing the products to any country other than New Zealand. You will pay for the products by authorising The Name Shop to charge any one of your Visa, Mastercard, JCB or American Express credit cards. You may cancel an order without charge at any time up to the despatch of goods to your address. Any charge to your credit card will be reversed.
Product Availability
10.	Products may be added or removed from the website from time to time. From time to time products described on the website may not be available. While The Name Shop does not accept liability for any losses arising, every effort will be made to keep the information up to date and accurate.
Delivery
11. 12. 13. 14.	When you specify that products are to be delivered by courier you must provide a physical address. Couriered products will not be delivered to a post office box numbers. When we refer to “delivery point” we mean: a. where products are delivered within New Zealand an outside area of the premises, such as a front door, or any particular outside area specified by you. If the premises are a multi-level building, the delivery point shall be located on the ground floor of such building; and b. where products are delivered outside New Zealand the point where the products come into the control of the international courier nominated by you. Delivery will be made at the delivery point. Delivery within New Zealand will not be made unless a person accepting delivery signs the courier’s receipt. If the courier brings the products inside the premises at the address specified by you, beyond the delivery point, at your request, or the request of another person accepting delivery of the products on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, The Name Shop shall not be liable for any direct or indirect damage or loss (including in negligence) suffered by you or any third party in doing so. In addition, you indemnify The Name Shop for any direct or indirect damage or loss (including in negligence) that The Name Shop incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the delivery point. The Name Shop shall be entitled to assume that any person accepting delivery of the products is authorised to do so on your behalf.
Risk
15. 16.	The risk in the products passes to you on delivery at the delivery point. The Name Shop is not liable to you for any delay or failure to supply products.
Costs
17.	You must pay The Name Shop's costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of The Name Shop’s rights, remedies and powers under these Terms of Sale.
Limitation of Liability
18. 19. 20. 21.	The Name Shop's liability for any defect in the products is limited to the purchase price of those products. If products are returned by you, The Name Shop may, in its discretion, repair or replace the products, or refund the purchase price to you, provided that: a. the products must be returned to The Name Shop within seven (7) days of the date when the products were delivered to you or a person nominated by you, unless otherwise agreed in writing by The Name Shop; and b. you must supply the date and number of any invoice relating to the products; and c. The Name Shop must have a reasonable opportunity to inspect the products. The Name Shop shall not be responsible for any damage caused either to the products or as a result of the malfunction of such products if: a. the products are in any way adapted to a use for which they are not specifically intended; or b. the products are added to or repaired using components not recommended or approved by the manufacturer of such products. The Name Shop shall have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage arising from any supply of products. Nothing in these terms limits any rights you may have under the Consumer Guarantees Act 1993.
Supply for Business Purposes
22.	Where a supply is for business purposes, you agree that the provisions of the Consumer Guarantees Act 1993 do not apply.
Privacy of Information
23. 24.	You authorise The Name Shop: a. To collect, retain and use information about you from any person for the purpose of assessing your creditworthiness when you have given us your permission to do so (you give us your permission when you accept these terms); b. to disclose information about you: i. to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to your obligations to The Name Shop; ii. to such persons as may be necessary or desirable to enable The Name Shop to exercise any power, enforcement or attempted enforcement of The Name Shop's rights, remedies and powers under these terms and conditions of sale; c. to use the information collected about you to notify you of new products and to provide you with a more personalised shopping experience. Electronic payments through this site are highly secure. Your credit card details are encrypted, so they cannot be read even in the unlikely event of the purchase details being intercepted. Credit card details are not divulged to the store owner, and are only seen by the payment processing network. They are automatically deleted at the end of each transaction. To protect your privacy this website operates a Thawte™ Secure Sockets Layer Security System. If you prefer, you can divulge your credit card details over the phone or by fax.
Routine Security Checks
25.	The Name Shop reserves the right to contact you regarding an order to confirm the validity of delivery details supplied. The Name Shop reserves the right to cancel and refund any order that appears to be fraudulent.
Force Majeure
26.	If the performance by The Name Shop of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of The Name Shop)) The Name Shop shall be excused from such performance to the extent of such prevention.
Governing Law
27.	This Agreement is governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.
Use of Cookies
28.	This website may use "cookies". Cookies are small files that the website places on your hard drive for identification purposes. These files are used for website registration and customisation the next time you visit the website. Your web browser may allow you to be notified when they are receiving a cookie, giving you the choice to accept or not. If you do not accept cookies some pages on the website may not function fully and you may not be able to access certain information on the website.
Disclaimer
29.	Although we provide this information in this website in good faith and believe it to be correct as of the date it was submitted, we make no warranties or representations about the accuracy or completeness of this website, its contents or the content of any website “hyper linked” to or from this website. We can update or correct the terms and conditions and information contained in this website at any time.

The Name Shop

Terms of Sale