Terms of Service
This website is operated by Wally Customs Limited. Throughout the site, the terms “we”, “us” and “our” refer to Wally Customs Limited. By accessing our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”).
These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully. By accessing or using our site, you agree to be bound by them. If you do not agree, you may not access the website or use our services.
We may update these Terms at any time by posting changes on our website. Your continued use of the site constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell products and services to you.
1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
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)
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2 - 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.
ORDER CANCELLATION
We may cancel or decline an order prior to processing or dispatch. If this occurs, refunds will be handled in line with our Shipping & Returns Policy.
3 - ACCURACY OF INFORMATION
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 historical information, which is not current and is provided for reference only. We may modify site content at any time without obligation to update it.
4 - MODIFICATIONS TO THE SERVICE & PRICES
All prices are shown in New Zealand dollars (NZD) and include GST for New Zealand customers, unless otherwise stated.
Prices are subject to change without notice. We reserve the right to modify or discontinue the Service at any time.
We are not liable for any modification, price change, suspension, or discontinuance of the Service.
5 - PRODUCTS OR SERVICES
Some products or services may be available exclusively online, through our website. These may have limited quantities and are subject to return or exchange only in accordance with our Shipping & Returns Policy, which forms part of these Terms.
We make every effort to display products accurately, but cannot guarantee that your screen’s display of colour will be accurate.
We reserve the right to limit sales of products or services to any person, region, or jurisdiction, and to limit quantities. 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.
6 - ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that
use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant third-party provider(s).
8 - THIRD PARTY LINKS
Our Service may include content or links from third-parties. We are not responsible for examining or evaluating such content, and we disclaim liability for third-party materials, websites, or services.
You should review third-party terms and policies before engaging in any transaction.
9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us comments, ideas, or other submissions, you agree that we may use them without restriction. We are under no obligation to maintain them in confidence, pay compensation, or respond.
We may monitor, edit, or remove content we deem unlawful, offensive, or in violation of these Terms.
You agree your submissions will not violate any third-party rights and will not include unlawful, abusive, or harmful content. You may not mislead us by providing false information.
10 - PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy and may also be used in accordance with our Shipping & Returns Policy (e.g. for delivery and returns processing).
11 - ERRORS, INNACCURACIES AND OMISSIONS
Occasionally, site content may contain errors or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct errors and update information at any time, including after you submit an order.
We undertake no obligation to update information except as required by law.
12 - PROHIBITED USED
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- For unlawful purposes,
- To solicit others to break the law,
- To violate any laws or regulations,
- To infringe intellectual property rights,
- To harass, abuse, or discriminate,
- To submit false or misleading information,
- To upload malware or harmful code,
- To collect personal information of others,
- For spam or scraping,
- For obscene or immoral purposes, or
- To interfere with site security.
Violation may result in termination of your Services.
13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
In no case shall Wally Customs or our affiliates be liable for indirect, incidental, or consequential damages, including lost profits or data, arising from use of our Service or products.
CONSUMER RIGHTS
Nothing in these Terms limits your rights under the New Zealand Consumer Guarantees Act 1993 in respect of goods or services ordinarily acquired for personal, domestic, or household use.
14 - INDEMNIFICATION
You agree to indemnify and hold Wally Customs and our affiliates harmless from claims or demands made by third parties due to your breach of these Terms or violation of any law or third-party rights.
15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16 - TERMINATION
These Terms are effective unless terminated by either party. You may terminate by ceasing use of our site.
We may terminate at any time if you fail to comply with these Terms. You remain liable for all amounts due up to termination.
17 - ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and Shipping & Returns Policy, constitute the full agreement between you and us, and supersede any prior agreements.
18 - GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of New Zealand.
19 - CHANGES TO TERMS
You can review the latest version of these Terms at any time on this page. We may update them at our discretion, and your continued use of the site constitutes acceptance of changes.
20 - CONTACT INFORMATION
Questions about these Terms & Conditions should be directed to sales@wallycustoms.co.nz