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Terms and Conditions
When the penny drops
1. User agreement
1.1. By visiting and/or using the website and vouchers, you agree to be bound by this user agreement.
1.2. We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
2. Disclaimer
2.1. We will provide services with care but we do not warrant that our services will be provided without fault. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind relating in any way to the content and/or website including, but not limited to, loss or damage you might suffer as a result of:
2.1.1. mistakes or inaccuracies on the website;
2.1.2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
2.1.3. personal injury or property damage of any nature resulting from your access to, and use of, the website;
2.1.4. defamatory, harmful, offensive or unlawful conduct of any user of the website;
2.1.5. any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
2.2.1 in the case of goods:
2.2.1.1. the replacement of the goods or the supply of equivalent goods;
2.2.1.2. the repair of the goods;
2.2.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
2.2.1.4. the payment of the cost of having the goods repaired; and
2.2.2. in the case of services:
2.2.2.1. the resupply of our services, or
2.2.2.2. the payment of the cost of resupply of our services.
3. Legal Capacity
3.1. By making an on-line purchase you accept these terms and conditions and acknowledge that you:
3.1.1. are over eighteen (18) years of age, and/or
3.1.2. are entering into a legal contract with us.
4. Information on this website
4.1. Information about goods and services (product) on the website is based on material provided by suppliers and product manufacturers.
4.2. You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
4.3. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
5. Orders
5.1. Orders placed by you are offers to purchase a voucher for a particular product under the terms and conditions in this agreement together with any supplier-specific terms and conditions at the price specified (including delivery and other charges).
5.2. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
5.3. You agree that once placed, you cannot cancel your order.
6. Price
6.1. The prices of products, delivery and other charges shown are in New Zealand dollars and include GST where applicable.
6.2. Prices are current at time of display but are subject to change.
7. Payment
7.1. All payments must be received in full prior to a voucher being issued. Please read the Payment section of the website for payment options.
7.2. If your payment is not received or declined by your bank or credit card issuer, we cannot hold vouchers against your order.
8. Delivery of Voucher
8.1. Subject to this agreement, we will provide you with a voucher for the product shown on your order confirmation.
8.2. Vouchers are only delivered by email.
8.3. We cannot be held liable nor responsible for any loss suffered as a result of a voucher not being received by you, for example, because the email was blocked by a firewall or filter, or where you told us the wrong email address.
9. Voucher redemption / Supply of product
9.1. The voucher you purchase is redeemable for the specified product from the nominated supplier. The nominated supplier, not, is the seller of the product and is solely responsible for honouring any voucher you purchase.
9.2. voucherstore.co.nz makes no guarantee, warranty or representation regarding the standard of any product to be provided. All vouchers are issued subject to these terms and conditions and any additional terms and conditions of the supplier. You agree and acknowledge that does not control the business operations of the supplier.
9.3. The voucher does not function as a stored-value card and cannot be redeemed incrementally.
9.4. Subject to clause 12, the voucher cannot be exchanged or redeemed for cash.
9.5. The voucher cannot be combined with any other gift certificates, vouchers or promotions unless otherwise specified by the supplier.
9.6. Neither voucherstore.co.nz nor the supplier is responsible for lost or stolen vouchers or fraudulent use of the voucher’s unique reference number.
10. Bookings and cancellations
10.1. All service products are offered by suppliers subject to availability. Some small group or individual "experience" products will require booking in advance. For all products, we recommend making bookings at least 2 weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
10.2. Bookings are made subject to any supplier policies.
10.3. If you cancel your booking you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your voucher if the supplier is unable to fill your space.
10.4. Suppliers reserve the right to cancel and reschedule your booking due to unforseen circumstances. We cannot be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
11. Expiry and extension
11.1. The voucher expires on the date indicated on the voucher.
11.2. Expired vouchers are non refundable in whole or part. Once expired, vouchers are no longer valid and will not be honoured by the supplier.
11.3. Extension of time to use vouchers is not permitted under any circumstances.
12. Refunds
12.1. You understand and agree that vouchers are non-refundable and cannot be exchanged or redeemed for cash, for example, because you have changed your mind, are unable to use the voucher or the voucher has been damaged, lost or stolen.
12.2. We will refund the purchase price or exchange the voucher where we have made a mistake; for example, the voucher we issued is not for the product that was advertised.
13. Complaints or problems
13.1. If you have any complaints or problems with the supplier's service, please bring this to the supplier's attention as soon as possible. We are unable to assist in resolving disputes with suppliers.
14. voucherstore.co.nz liability
14.1. voucherstore.co.nz has no liability (including loss or damage) for any act, omission or default, whether negligent or otherwise of any supplier or third party. Where liability cannot be excluded, such liability is limited to the value of the voucher purchased.
15. Intellectual property
15.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
15.2. You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
16. Transfer and Assignment
16.1. Yo may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
17. Indemnity
17.1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
18. Force majeure
18.1. We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
19. Applicable law
19.1. This agreement will be governed by and interpreted in accordance with the laws of New Zealand. You irrevocably submit to the non exclusive jurisdiction of the courts of the New Zealand.
19..2. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
20. Waiver
20.1 If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
... When the penny drops