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Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Black Fox Creative Limited, "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.blackfox.nz ("the website"). They are effective from 29/03/2018 and will replace all earlier Black Fox Creative Limited terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.


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.


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


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).


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.


Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.


Delivery and delivery charges

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


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 we in your online shopping basket.


We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.


Pricing

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.


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

We accept the following credit cards:


Visa, MasterCard and American Express


We also accept payment from your PayPal account if you have one.


Credit Card Security

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


Click here to 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



Liability Limitation

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.


We will always endeavour to have complete and accurate information on our website 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.



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.


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

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.


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.


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).


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.


Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.


Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).


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.


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.


We may disclose your personal information as required by law.


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 for a breach of our website security that is beyond our control.


You can request details of your personal information that we hold, and ask us to correct it, at any time.


General Conditions

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.blackfox.nz


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.


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.


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.


We may deliver notices to you by sending them to an email address that you have notified to us.



Terms of Payment

Black Fox's price for Goods and Services sold to the customer shall be the price set out in the quote.

In addition to the price, the customer shall pay GST and all such taxes, duties, fees, transport costs, postage and packaging costs and other costs which Black Fox determines are payable in respect of the product and services ordered by the customer.

All external resources are on a basis of cash payment on delivery, and accounts are expected to be settled in full prior to the order being accepted and placed.


If the customer commits an act of bankruptcy, compounds or enters into arrangements with all or a number of its creditors or being a company has a receiver appointed or goes into liquidation whether voluntarily or otherwise, then full payment by the customer shall be due immediately upon the happening of any such event.

All invoices overdue by 30 days or more shall be referred to a debt collection agency.

The customer shall pay all of Black Fox's legal costs (including Solicitor/Client costs) pertaining to any enforcement action taken by Black Fox against the Customer for payment of all or any amounts due.


Warranties

The customer represents, warrants and covenants to Black Fox that the customer owns all right, title, and interest in, or otherwise has full right and authority to permit the use of any content provided to Black Fox, any content does not infringe the rights of any third party, and use of the content as well as any trademarks in connection with the product or services does not and will not violate the rights of any third parties, the customer shall comply with the terms and conditions of any licensing agreements which govern the use of any third party materials, and the customer shall comply with all laws and regulations.


Black Fox hereby represents, warrants and covenants to the customer that Black Fox will provide the products and services agreed with the customer in the quote in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.


Intellectual Property

Any materials the customer provides to Black Fox to carry out the product and services quoted are owned by the customer. The customer agrees that Black Fox can modify, reproduce, create derivative works from, and otherwise use such Intellectual Property to provide the products and service in connection with the quote.


Black Fox will have no liability for any claim or infringement based on the use of material supplied by the customer and the customer indemnifies Black Fox from any losses Black Fox incurs from a third party claim in relation to the use of any material supplied by the customer.


Term and Termination of Contract

This agreement will commence upon the acceptance of the quote by the customer and will remain effective until the products or services are supplied to the customer.

This agreement can be terminated (with immediate effect) by either party giving written notice or by mutual agreement between the parties.

Where a contract is terminated all work (including unfinished work in progress), products or services supplied by Black Fox will be paid for by the customer.


Electronic Images and/or Files

It is the customer's responsibility to retain a copy of any image or file supplied. The supplier is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise customer supplied files or images will be charged.


Black Fox's Liability

Where the customer is a company or a person in trade the Consumers Guarantee Act 1994 will not apply. Under no circumstances will Black Fox or any of its officers, employees, agents or partners be liable for any indirect or consequential loss to the customer whatsoever arising from third party claims occasioned by errors in the work or by delay in delivery.


No guarantee is given that the work supplied to the customer is fit for any purpose not made known to Black Fox. Black Fox or any of its officers, employees, agents or partners shall not be responsible for any delay, default, loss or damage due to any industrial disputes, accidents, acts of God, equipment failure or mischievous damage or other cause beyond the Black Fox's control.

Black Fox will take all reasonable care in its undertaking of work for the customer to ensure that it is free from errors. The customer warrants the understanding and acceptance that, as it is not possible to guarantee freedom from errors the final responsibility for accuracy lies with the customer.


The customer agrees that the total liability to Black Fox, its officers, employees, agents, partners to the customer or anyone else using the products or services Black Fox provides to the customer (together) or damages, losses, and causes of action (whether in contract, tort, including negligence, under statute or otherwise) shall not exceed the total cost of providing the products or services provided.


Dispute Resolution

In the event of a dispute arising between Black Fox and the customer, the parties agree to attempt to resolve any dispute by negotiation. If they are unable to resolve the dispute, either party may commence mediation mutually agreed to by the parties.


Miscellaneous

Any failure by Black Fox to insist upon observance by the customer of any term or condition will not be deemed a waiver of any subsequent breach.

If any of the terms or conditions are held to be invalid, void, unenforceable or illegal for any reason, the terms and conditions will otherwise remain in full force and effect apart from such provision, which shall be deleted or modified to overcome that objection.

This agreement will be governed by and construed in accordance with the laws of New Zealand.


DECLARATION

1. On behalf of (or as) the customer, I have read and understand the Terms of Trade stated above and this page and agree to abide by them.


2. Under the terms of the Privacy Act 1993, I authorise any person or company to provide you with such information as you may require in response to your credit enquiries. I also authorise you to furnish to any third party, details of this application and any subsequent dealings that the customer may have with you.


3. If any separate contract for the supply of goods has terms which are inconsistent with terms of this agreement the terms of the separate contract shall predominate over the terms of this agreement.


I declare by purchasing any items or services that I agree to the above terms.


 

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