TERMS & CONDITIONS
This agreement is between you (the customer or site user) and D & R Holdings Ltd trading as Mischief Shoes, situated at Unit 3/218 Willis Street, Wellington. Outlined below are the terms and conditions for the use of www.mischiefshoes.co.nz and the purchase of any products.
Please read over the information carefully, by using the site you acknowledge and understand the terms and conditions outlined, you also agree to be bound to this agreement.
Our terms and conditions will outline the following:
- Agreement of orders placed
- Delivery of orders
- Risk and title
- Price of goods
- Credit Card Information & Payment
- Use of our site
- Reviews and Comments
- Intellectual property rights
- Limitation of liability
- Changes to terms and conditions or content of site
AGREEMENT OF ORDERS PLACED
This agreement is between you (the ‘customer’ or site user) and Mischief Shoes. Once an order is received by us we have no obligation to sell, supply or complete the order to you until it has been accepted by our management team. Each individual order is considered a separate agreement; each order will be accepted by Mischief Shoes at our absolute discretion.
DELIVERY OF ORDERS PLACED
Delivery of orders will be made to the address specified by the ‘customer’, anybody who is accepting the goods at the delivery address nominated by the ‘customer’ will be presumed to be authorized to receive the goods on your behalf. Deliveries will be during regular business hours; Mischief Shoes will not be liable for any alternative arrangements made with your carrier or any additional charges or fees that may occur. Our delivery charges cover only packaging, insurance and delivery to the nominated address for the first attempt, we suggest you nominate a delivery address where someone is available to receive the package during normal business hours to avoid delays/additional charges.
RISK & TITLE
Once the goods have been delivered to the address nominated by the ‘customer’ the risk and title is then passed on to you the ‘customer’ who placed the order. If you are not satisfied with your goods please refer to our returns/exchange policies. Mischief Shoes will not be held responsible for any items we do not ship ourselves, and strongly recommend a tracking number if returning goods. Mischief Shoes will not be held accountable for return postage charges or any duty reimbursement – other than in the case of the item being deemed faulty by the supplier. For all ‘change of mind’ returns, postage is the ‘customers’ responsibility. For any exchanges outside of New Zealand you will need to pay the duties and taxes on the replacement item.
PRICE OF GOODS & PAYMENT
The price you are required to pay for the goods is the price specified on the site. You are required to pay any additional shipping charges and taxes that may be required by the country you are receiving goods to outside of what is outlined in our shipping charges. Payment of these taxes or charges may be required to release your goods from Customs. We suggest you check with your local customs office prior to purchase if you are unsure. We reserve the right to refuse purchase of products at any time. We will always endeavour to be as accurate as possible, however, we are unable to warrant (subject to the law) that product descriptions, prices or any other content will be error free at all times, and reserve the right to make changes after a purchase has been made and notify you of this change as soon as possible.
CREDIT CARD INFORMATION & PAYMENT
Credit card information collected for the purpose of payment of products purchased at www.mischiefshoes.co.nz will be stored securely using a PCI DSS compliant solution. Credit card information will be masked on your account and will not be visible to Mischief Shoes Customer Service operators. Provision of credit card information as payment for the product/s constitutes an agreement of your purchase of the selected product/s.
You must not pay or attempt to pay for product/s using fraudulent credit card information.
Mischief Shoes will send out all goods ordered in the most suitable package we believe for the items purchased.
Items purchased from www.mischiefshoes.co.nz may be returned for an exchange or refund within 30 days from the date of dispatch if they are returned undamaged in their original packaging. A completed Returns Form should be included when returning the item(s), failure to do so may cause a delay in processing your refund.
Mischief Shoes will not be held responsible for any items lost in transit and recommend you use an insured and traceable method of postage.
USE OF SITE
You may not use the Mischief Shoes site for any other purpose than that of purchasing goods from and/or using it to be informed of products and services.
If you access this site from outside New Zealand you do so on your own responsibility and are responsible for ensuring compliance with all the laws in the place where you are located.
While visiting www.mischiefshoes.co.nz, you may leave www.mischiefshoes.co.nz and access certain non-Mischief Shoes websites. Mischief Shoes neither reviews nor controls the content and accuracy of these websites, and therefore will not be responsible for their content and accuracy. Your access to non-Mischief Shoes websites is at your sole risk. All material including any link to other sites and content found at linked sites is provided “as is” and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose.
REVIEWS AND COMMENTS
You may post reviews and make comments on the content on our Website. The content however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." Mischief Shoes reserves the right to remove such content at any time, and without notice to you.
If you post content, and unless we indicate otherwise, you grant Mischief Shoes a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on its Website and on any other marketing material Mischief Shoes may create.
INTELLECTUAL PROPERTY RIGHTS
Any trademarks, logos, pictures, images or text featured on the site are not to be copied or used for any purpose other than on www.mischiefshoes.co.nz without prior consent. If you believe an image or text featured on the site belongs to you and we are using it without authority please email us at [email protected] and we will happily remove it or credit you following proof of ownership. You must not use or copy Mischief Shoes intellectual property in any manner that is not consistent with the rights of the owner or any licence.
Please refer to our privacy and security policy. You are issued with a login and password when you sign up to the store/site. This is considered your responsibility and Mischief Shoes does not take any responsibility if an unauthorized person uses your password.
Mischief Shoes cannot and does not guarantee or warrant that files available for downloading from this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. Mischief Shoes does not make any express or implied warranties, representations or endorsements whatsoever(including without limitation warranties of title, non-infringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will Mischief Shoes be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this Website.
LIMITATION OF LIABILITY
You agree by accessing www.mischiefshoes.co.nz that under no circumstances or any theories of liability under international, civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will Mischief Shoes be liable for damages of any kind occurring from the use of this website or any information, goods or services obtained from this website including direct, indirect, consequential, incidental, or punitive damages (even if Mischief Shoes has been advised of the possibility of such damages), to the fullest extent permitted by law.
NOTIFICATION OF CHANGES
Mischief may add to, delete, or otherwise change any of the terms of this agreement. Your continued use of the Mischief Shoes service will constitute your deemed acceptance of such changes.
Any contract will be governed by the laws of New Zealand. Any dispute arising out of your use of the Website, or the products purchased on it, will be subject to the exclusive jurisdiction of the New Zealand courts.