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Terms of Service

The following Terms of Service govern the use of the MexiKiwi Trading Co. website. The terms "We", "Our", "Us" refer to MexiKiwi Trading Co., a division of Otari Group Ltd.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least 18 years of age.

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

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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

Changes to Website, Products, and Terms of Service

We reserve the right to make changes to our website, product prices and descriptions, and to these Terms of Service at any time. Any changes made will be effective immediately upon publication on this site. We also reserve the right to cancel any order made via this website, at which time the customer will be immediately notified and monies paid will be refunded using the original method of payment.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Pricing

Pricing is in New Zealand Dollars (NZD) and is inclusive of GST.

Prices for our products are subject to change without notice.

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

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

Shipping

We offer $5 flat-rate shipping to addresses in Christchurch and Canterbury, New Zealand. We offer $10 flat-rate shipping to addresses in the rest of the South Island of New Zealand, and $25 flat-rate shipping to addresses in the rest of New Zealand. We do not offer shipping outside of New Zealand at this time. Full details of our shipping policy can be found on the Shipping & Returns page.

Returns

We appreciate your business and we hope you love your purchase. If you’re not completely satisfied, you can return the item for a refund or an exchange within 30 calendar days of delivery.

If you paid via PayPal, you will receive your refund via PayPal.

To receive a refund or an exchange, the following conditions must be met:

  • The item must be unused and in its original, undamaged condition.
  • The item must be returned in the same box it was shipped in, with all padding and packaging intact. Breakages on the return journey are the responsibility of the customer.
  • Please include a note with your name, address, and proof of purchase, as well as a description of the reason for return. Please also indicate whether you would prefer a refund or an exchange.

You are responsible for the return shipping costs, unless you are returning an item which arrived in damaged condition, or was incorrectly picked by us, in which case we will refund your shipping costs.

We pack all of our items with extreme care. When your parcel arrives, please carefully inspect it for damages. If damages are found on any shipment from us, large or small, this need to be reported to us as soon as possible by phone or email so that we can resolve the issue. We may ask for photographs of damaged items.

Product Details

We make every attempt to represent our products accurately on this website. Please note that colours may reproduce differently on different computer monitors. Please also note that all products sold on this website are hand-painted and hand-crafted, and as such are inherently imperfect and vary in size, colour, finish and dimension. The exact appearance of the item delivered to you will vary from the item shown on the product page of the website.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Guarantees

These Terms of Service are intended to be consistent with the Consumer Guarantees Act 1993. If there is any inconsistency, then the Act shall prevail.

Liability

In no case shall MexiKiwi Trading Co., a division of Otari Group Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable 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, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law. Our liability for any loss, damage or injury to you shall not in any case exceed the contract price of the goods supplied.

Indemnification

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

Intellectual Property

All content of this site, including but not limited to images, text, logos, graphic design, and code, are the property of MexiKiwi Trading Co., unless explicitly stated otherwise. Use of this site by you is restricted to personal and non-commercial use only.

Jurisdiction and Governing Law

Any agreement arising between us shall be interpreted and governed by the laws of New Zealand. Any dispute which may arise under this agreement shall be dealt with exclusively by the courts of New Zealand.

Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 term or provision of these Terms of Service, we also 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 Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Contact Information

Questions about the Terms of Service should be sent to us at juliette.clark@otari.biz