Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Pointz Limited ("Pointz", "we, "us") to you, the purchaser of goods and services from us, including your use of this website ( www.pointz.co.nz or www.pointz.nz) ("the website") or any order placed directly with Pointz by any other means. They are effective from 1st April 2022 and will replace all earlier Pointz terms of trade and any conditions contained in any document used by you and purporting to have contractual effect (if any).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.

Orders

1. To make a purchase from our online shop you must be 18 years of age or over.

2. 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), unless we consent otherwise in writing.

3. We attempt to display the colours and designs as close as possible on the Website (and in any mock-up that we may provide to you) to the finished product, however you acknowledged that there may be some variation in colours and print finish resulting from the difference created during the printing process or the variability that comes from viewing on a screen.

4. 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.

5. All orders are subject to availability of raw materials, including but not limited to, garments. You acknowledge that the display of designs and tops available on this website is an invitation to treat and by placing an order, you are making an offer to purchase.

Delivery and delivery charges

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

7. In New Zealand, we only deliver to New Zealand street addresses. The cost of delivery as stated on our website is indicative and we will provide you with confirmation of the costs of delivery when an order summary is provided to you.

8. For international orders, we will provide you with a quote for shipping when an order summary is provided to you for acceptance.

9. We will use all reasonable endeavours to ensure that orders are dispatched promptly and in accordance with the processes outlined on our /info/ page, however you acknowledged that there may be delays.

Pricing

10. All prices on this Website are indicative only, based upon printing on a standard t-shirt and are exclusive of any additional charges for variation of design and/or variance of garment, which may increase the pricing.

11. 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.

12. 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

13. We accept payment by direct credit to our bank account or by Paypal.

14. Payment by Paypal will incur an additional $2.50 transaction charge. If you elect to pay by Paypal, we will email you with a link to effect the Paypal payment, which can be effected by credit card payment or through your own Paypal account (if you have one).

15. Details for payment will be provided with the Order Summary we provide to you.Credit Card Security

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

17. 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.

18. You acknowledge that we have no liability whatsoever (consequential or otherwise) arising from any payment system you elect to use to effect payment to us. You agree that you have undertaken due diligence to ensure that the payment system that you elect to use to effect payment to us, is safe and secure.

Shipping and delivery

19. You agree to provide us with a correct shipping address and that if we ship to the address you provide to us, that that will effect due delivery of the products to you.

20. You acknowledge that once the products are delivered to our delivery agent, the delivery process is beyond our control and we are not responsible or liable for any delay in delivery that might occur.

21. You acknowledge and agree that, unless arranged with us (and agreed by us) otherwise, we will use New Zealand Post to effect delivery and delivery will be subject to New Zealand Post's terms and conditions of carriage.

Returns

22. As we print to order, unfortunately we cannot provide a refund for returns for a "change of mind".

23. We appreciate the opportunity of remedying any faulty product and will either: (a) replace the faulty product, or (b) if we consider replacement is not appropriate (having regard to any circumstances relevant to you and whether the failure of the product is of substantial character) will provide a refund.

24. You acknowledge that we may require the return of the product you allege is faulty before providing a remedy under term 23, subject to our meeting the costs of the return.

25. You accept and acknowledge that the nature of the printing process will result in some fading initially on first wash and over time and that this does not constitute a faulty product, unless the fading is material and significant.

26. You acknowledge term 3 herein and that, unless the variance between the product supplied and the product on the Website (or any mock-up that may be provided to you) is substantial and material, you will not be entitled to the remedy in term 23.

Liability Limitation

27. 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.

28. We will always endeavour to have complete and accurate information on our Website (and in any mock-up we might provide to you) 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 (and/or in any mock-up we might provide to you).

29. 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.

30. 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

31. 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.

32. 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.

33. 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).

34. 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.

Intellectual Property and Copyright

35. All designs on this Website have been created by Pointz Limited and copyright belongs to Pointz Limited.

36. Unless you engage us to create a design for you and we expressly agree in writing that the rights in that design will transfer to you, all rights in any design created by us will remain our intellectual property. This term applies even if you provide us with ideas, material or images used in the creation of a design.

37. Where you have provided us with ideas, material or images, you undertake that these are novel, belong to you and/or you have not breached any third parties' intellectual property or proprietary rights and you hereby indemnify us against any claim, loss or damages that may arise from a breach of this term.

38. You agree and undertake to not reproduce in the same or a similar form, any design on this Website or which we may provide to you (by way of mock-up or otherwise) without our express written consent.

39. The brand of Pointz and our logo are trademarked with the New Zealand Intellectual Property Office and you agree that you will not publish our name, brand or logo without our express written consent and you hereby indemnify us against any loss we may incur as a result of a breach of this term.

40. You acknowledge that we may seek an injunction against you for any breach, or where we have reasonable grounds to believe that a potential breach will occur, of terms 35 to 39 (inclusive).

Privacy policy and Confidentiality

41. We will collect any personal information you provide to us for the purposes of arranging the supply of a Product and to do all things reasonably necessary for the supply of Products.

42. 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 websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

43. We may disclose your personal information as required by law.

44. 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 (and shall not be liable) for a breach of our website security that is beyond our control.

45. You can request details of your personal information that we hold, and ask us to correct it, at any time. We will hold such information as is necessary to perform our obligations to you and at law. We will destroy all such information upon expiry of six years from the date of supply of a Product.

46. We will comply at all times with the Privacy Act 2020 (New Zealand legislation). If you have any concerns that we may have breached your confidentiality or privacy, please contact us as soon as possible so that steps may be taken to mitigate any consequences of breach.

General Conditions

47. 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.pointz.co.nz.

48. 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.

49. 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.

50. 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.

51. You acknowledge and agree that we may deliver notices to you by sending them to an email address that you have notified to us.