Terms and conditions

General

This website is operated by Speckel. Throughout the site, the terms “we”, “us” and “our” refer to Speckel.

By accessing this site and/or purchasing products from us, you agree that you have read, understood and accept to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or content contributors.

If you do not agree to all these terms and conditions, then you should not access the website or use our services.

Failure to enforce any terms or exercise our rights under these terms and conditions at any time, does not mean that we have waived those rights.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

Online store

Our website and online store is hosted by Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Orders via our online store may only be submitted by persons acquiring our products for personal use and not for resupply.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the site, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site or products within our online store.

When using our online store you agree that all information you supply via our site at the time of purchase, is true and correct. 

We reserve the right to refuse any order at our sole discretion, for any reason at any time.

Product pricing

Prices quoted on our website are in New Zealand Dollars (NZD) and inclusive of GST.

Prices for our products are subject to change without notice.

If there is a material understatement of pricing quoted on the site, we will not be liable to supply you the products(s) ordered. We may, prior to dispatch, require you to pay the difference between the amount you paid and the correct amount.

Delivery and charges

Prices quoted online do not include delivery charges. Delivery charges for your order will be notified to you online at the time you place your order.

Purchases made on our website are only able to be delivered to New Zealand addresses and all products will be shipped from Dunedin, New Zealand.

Payment terms

Payment is required in full at the time you submit your order online. We will not be liable to supply you the product(s) ordered until full payment is received.

All payments are processed via Stripe and are subject to Stripe's terms and conditions. Please visit Stripe’s website for more information.

Please contact us if you wish to discuss alternate payment methods.

Product availability

All products are sold subject to their availability. We do not guarantee that products advertised on our site are available. Certain products may only be available in limited quantities.

We are not be responsible for any inability to supply products to you where they are not available or where our stock has been exhausted.

If we do not have all products of your order available we may offer you alternative products, or cancel all or part of your order.

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.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current.

There may be information on our site or that contains typographical errors, inaccuracies or omissions that may relate, but is not limited to product descriptions, availability, pricing, promotions, offers, shipping charges and delivery times.

We have made every effort to display products as accurately as possible, including the colours and images of our products displayed in the online store. We make no guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

We reserve the right to modify the contents of this site, including but not limited to product descriptions and pricing, at any time and without notice, but we have no obligation to update, amend or clarify any information on our site. You agree that it is your responsibility to monitor changes to our site.

Consent to electronic messages

You agree that by entering your email address on our site, we may, to the extent permissible by law, provide you with any electronic notice or communication in relation to your order, or to provide you with customer support at your request.

Privacy

All personal information that you supply to us online will be handled in accordance with our Privacy Policy.

Third party content and links

Our content, products and services available via this site may include material from, or links to, third-parties.

Links to third party websites may direct you to websites that are not operated or controlled by us. We are not responsible for the content or accuracy of third-party sites and we do not warrant and will not have any liability or responsibility for any third-party material or websites.

We encourage you to carefully review the policies and practices of any third-party site you access and make sure you understand them before you engage in any transaction. Any questions, concerns or complaints relating to third-party sites or products should be directed to the third-party.

User feedback and submissions

If you submit to us, with or without a request from us, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, post, or otherwise, 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 to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

Warranty

We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free or that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

You expressly agree that your use of, or inability to use, the site is at your sole risk. The site and all products delivered to you by us are (except as expressly stated by us) provided 'as is', without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of liability

To the full extent permissible by law, Speckel, including its directors, employees, partners, agents, contractors, service providers, suppliers, or affiliates disclaim all liability 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, resulting from your use of, or inability to use the site or any products procured via the site, or for any other claim related in any way to your use of our site or products, 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 our site or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility.

Our maximum liability (if any) shall be limited to the value of any faulty products supplied by us.

These terms do not limit any rights you may have under the Consumer Guarantees Act 1993.

Indemnification

You agree to indemnify, defend and hold harmless Speckel 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any part of these terms is determined to be unlawful, void or unenforceable, the unenforceable portion shall be deemed to be severed from these terms and shall not affect the validity and enforceability of all remaining provisions.

Governing Law

This website is operated from within New Zealand and has been prepared in accordance with New Zealand law. We make no representations that the website complies with the laws of any country outside of New Zealand. If you access the website from outside New Zealand, you are responsible for complying with the laws in the place where you use the website when purchasing products online. 

Termination

These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms 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 of these terms, we 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 site (or any part thereof).

We reserve the right to modify or discontinue the site (or any part or content) at any time and without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.

Changes to these terms

We reserve the right, at our sole discretion, to update, change or replace any part of these terms without notice. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following changes constitutes your acceptance of those changes.

You can review the most current version of the Terms of Service at any time at this page.

Contact information

If you have any questions about these terms and conditions, you should get in touch via our online contact form or by emailing us at speckelnz@gmail.com

Last updated on 25 April 2021