TERMS & CONDITIONS
Welcome to Wishbone Design Studio’s website.
In these terms and conditions (Terms), “Wishbone” “we”, “our” or “us” means Wishbone Design Studio Limited and any reference to “you” or “your” refers to you.
By viewing and using this site, you agree to these terms of use, including our privacy policy.
Wishbone may revise these Terms of use at any time. Any such revisions take effect when this page is published.
TERMS OF SALE
You agree to be bound by our Terms of Sale when you order a product from the Site.
CHECKOUT AND YOUR ORDER
1. When you complete the checkout process on the Site, you are submitting an order for products and this constitutes an offer to purchase the products.Wishbone may not accept your offer for any reason.
2. Your offer is accepted by Wishbone when you receive an email from us confirming that your order is successful and has been accepted.
3. Once we have confirmed that your order has been accepted, it cannot be amended or cancelled.
YOUR ACCOUNT WITH US
4. To complete your order you may need to create an account with us.
5. When you create an account you must provide us with true and correct information, and you must update us of any changes to information relating to your account.
6. You must keep your password confidential and secure and you agree to accept responsibility for all activities that occur under your account. Wishbone will not be responsible for any loss or damage that arises out of your failure to maintain the confidentiality of your account and password.
7. If you are under 18, you must have your parents review these terms and policies and they must place any order for you.
ACCURACY OF PRODUCT DESCRIPTIONS
8. We do our best to display accurate information on the Site, however the information on our Site may not always be up to date, accurate or complete, including eg product descriptions, photographs or pricing information. Measurements on the Site are approximate only.
9. If a product that you have purchased is not as described or pictured, you may return that product to us in “as new” condition and we will provide a refund for the product to you.
PRODUCT AVAILABILITY
10. Products displayed on the Site may not always be available for purchase on the Site or in stores listed in the Site’s store locator.
11. Wishbone may change or discontinue products at any time without any prior notice to you.
12. If you have placed an order for a product that is no longer available (or becomes unavailable), Wishbone will work with you to either provide a refund, credit, or substitute a similar product and apply any price differences to your order.
PRICES
13. All prices on the Site are in New Zealand dollars and are inclusive of goods and services tax (“GST”).
14. You may also be charged a shipping fee in accordance with Wishbone’s Shipping Policy set out on this Site.
15. We may change the prices on the Site at any time, however if you submit an order for a product, the purchase price will be the price shown on the Site at the time you submitted your order.
TERMS OF PAYMENT
16. We accept payment on the Site via PayPal, VISA, MasterCard and Afterpay.
17. When you pay by credit card, the payment will be processed by third party Shopify Payments on behalf of Wishbone.
SHIPPING TERMS AND POLICIES
18. See our Shipping & Returns Policies for important information.
19. The shipping costs for your order are listed on the Site during the checkout process.
20. For questions about shipping please contact Wishbone at the email address set out in the Shipping Policy.
21. Risk and title in the products that you have purchased will pass to you when our shipping agent who is responsible for delivering the products considers they have delivered the products to you.
RETURNS
22. You may return any product you have purchased directly from Wishbone as long as it is unused, unassembled, and in the original packaging. A product may be returned for a refund or exchange for any reason 30 days from the date the product ships.
23. For more information visit the Returns info on the Site’s FAQ page.
WARRANTY
24. Subject to any of our obligations at law, Wishbone will replace your Wishbone component within 12 months of purchase if it has faulty materials or manufacturing. Please contact us as soon as possible if you discover a defect or faulty component, and send clear photos and/or video demonstrating the problem. You must also send the batch number of your product if it has one, but we do not require the product or component to be returned. We will can assess its condition and send you a replacement.
25. Please contact info@wishbonedesign.com or call +64 4 3891959 for instructions on how to request replacement components under this warranty.
SITE TERMS OF USE
When you access, browse, use or view the Site, you accept these Terms of Use.
INFORMATION ON THE SITE
You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non- commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.
You will not (and will not attempt to):
a. Gain unauthorized access to Wishbone’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Wishbone’s
networks and computer systems;
b. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
c. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
d. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
e. Reproduce, adapt, copy, duplicate, incorporate sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Wishbone in a way that is likely to cause confusion about the owner or authorized user of such marks, names or logos.
ACCESS TO OTHER WEBSITES
1. This Site may contain links to third party websites that are not under the control of Wishbone. Wishbone does not endorse, and is not responsible in any way for any information, content or material that is available on such third party website.
LIMITATION OF LIABILITY
2. You use the Site at your own risk, and to the extent permitted by law Wishbone will not be responsible or liable:
a. other than claims that may arise out of the Consumer Guarantees Act 1993 (if applicable) for any loss or costs incurred or suffered by you or any other person arising out of or in connection with your access to or use of the Site or any linked websites; and
b. for any loss or damage caused by spyware, viruses, worms, trojan horses or other items of a destructive nature that may be transmitted to your computer by use of the Site, its servers, or e-mail sent from Icebreaker.
3. You agree that the Site:
(a) will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
(b) Wishbone may, at any time and for any reason, make the Site, or any part of the Site unavailable to you or any other person.
4. To the extent permissible by law, Wishbone makes no warranties of any kind, express or implied, as to the operation or security of the Site.
GENERAL
OUR RESPONSIBLITIES
1. If you are a “consumer” for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, nothing in these Terms is intended to limit any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
2. If you “in trade” and are acquiring goods or services from us for a business purpose, you agree that the guarantees provided in the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted by law.
SEVERABILITY
3. If any provision contained in these Terms is held to be invalid or
unenforceable by any judicial or other competent authority, all other
provisions of these Terms will remain in full force and effect and will not in
any way be impaired
NOTICES AND ELECTRONIC COMMUNICATIONS
4. We may provide you with notices, including notices relating to these Terms by way of electronic communications, including by email or other electric
communication through the Site.
FORCE MAJEURE
5. We have no liability to you for any lack of performance, unavailability or
failure of the Site, to supply you any product, or failure to comply with these
Terms where the same arises from any cause reasonably beyond the control of Wishbone.
LIABILITY TO YOU
7. Subject to our obligations under law, our total liability to you will be limited
to the amount actually paid by you for the purchase of products from the Site. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
GOVERNING LAW
8. By visiting the Site, you agree that the laws of New Zealand will govern these Terms, and if there is any dispute relating to these Terms that might arise between you and Wishbone the New Zealand courts will have non-exclusive jurisdiction over such dispute.
CONTACT INFORMATION
Email us for more information or questions about the site at info@wishbonedesign.com
Wishbone Design Studio Limited
275 Mansfield Street
Newtown
Wellington 6021
New Zealand
