In this agreement:
“Carrier” means any person or business contracted by us to carry goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes that are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports our Website.
“Goods” means any of the Goods we offer for sale on our Website
“Content” means any material in any form published on our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on our Website
2. Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to our Website, and
2.2 in any event to you as a buyer or prospective buyer of our Goods.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on our Website on the day you order Goods.
2.5 Unfortunately we cannot guarantee that Goods advertised on our website are available .
2.6 We cannot guarantee that the cover of the book advertised on our site is identical to the one we have in stock. In the event that the book in stock differs visually from the book cover displayed on the website we will endeavor to contact you via email to confirm the purchase. You may then decide to cancel the order and any payments received for the purchase will be refunded.
2.7 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
2.7.1 accept the alternatives we offer.
2.7.2 cancel all or part of your order.
2.8 If in future, you buy Goods from us under any arrangement that does not involve your payment via our Website, these terms still apply.
2.9 If we owe you money on account of your cancellation, we will provide a refund as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
3. Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to our Website.
4. Price and Payment
4.1 We endeavor to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Banking charges by the receiving bank on payments to us will be borne by us.
4.3 All prices are quoted in New Zealand Dollars and we only accept payment in New Zealand Dollars.
4.4 Gift Vouchers and Store Credit cannot be used for payment of items purchased online.
5.1 We use PBT Couriers to courier most orders within New Zealand. They require all orders to be signed for, so if no one is present at you address at the time of delivery, they will leave a notice explaining how you may obtain your goods. When we have sent your order we will email you a confirmation including a tracking number, which you can use at http://www.pbt.com/default.aspx to track your order. We endeavor to send out NZ orders within 3 days. Orders to Rural Delivery addresses and PO Box numbers are posted by NZ Post.
5.2 International Orders outside of New Zealand will be made with NZPost. We will endeavor to send international orders within 3 days. Arrival time of international orders depends on destination and postage options. This is generally within 20 working days.
5.3 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
6. Cancellation of order
6.1 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, less a processing fee.
6.2 Once goods are dispatched you may not cancel your order.
6.3 We will refund your money within 30 days.
6.4 This paragraph does not affect your rights in the event that the Goods are faulty.
7. Foreign taxes, duties and import restrictions
7.1 If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing Goods that you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8. Goods returned
8.1 Our most important task is to ensure your satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not satisfied with the Product, please tell us at the earliest opportunity: 8.1.1 exactly what is the fault.
8.1.2 the date, if relevant, when the fault became apparent.
8.1.3 when and how you discovered the fault.
8.1.4 how the fault affected your use of the Goods.
8.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
8.3 You must tell us by email message to [email protected] or by letter to our postal address at the top of this agreement, you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
8.4 The Goods must be returned to us as soon as any defect is discovered.
8.5 So far as possible, Goods should be returned:
8.5.1 with both goods and all packaging as far as possible in their original condition.
8.5.2 securely wrapped.
8.5.3 including our returns note.
8.5.4 at your risk and cost.
9.1 Our Content suppliers or we may make improvements or changes to our Website, the Content, or to any of the Goods, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Goods for your purpose.
9.3.2 the truth of any Content on Our Website published by someone other than us.
9.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used.
9.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the purchase of Goods.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the
value of the goods or services you have purchased.
9.7 The above two sub paragraphs do not apply to a claim for personal injury.
10. Content and Intellectual Property Rights
10.1 We will defend the intellectual property rights in connection with our Goods and our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.2 We also claim copyright in the designs and compilation of all Content of our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
10.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store
electronically any significant portion of any Content.
11. Your email address
11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
12. System Security
12.1 We will do our best to maintain our Website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our Website.
12.3 You may not use any software tool for the purpose of extracting data from our website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14. Miscellaneous provisions
14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods or service.
14.3 Nothing in this agreement or on our Website shall confer on any third party any benefit or obligation.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time. Nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 This Agreement shall be governed by and construed in accordance with the law of New Zealand. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
1. Basic identification, contact and delivery information, such as your name, address and email.
This information is used:
1.2. To maintain our accounts;
1.3. For billing;
1.4. To enable us to answer your enquiries;
1.5. For verifying your identity for security purposes;
1.6. To provide you with the services which you request.
1.7 To resolve any dispute, claim, error or customer request.
2. Information Collected on Website Use
Your IP address is recognised by our servers and the pages that you visit are recorded.
anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), Browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere).
2.2. Google Analytics - Like many services, Google Analytics uses first-party cookies to track visitor
interactions. These cookies are used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. Browsers do not share first-party cookies across domains. Artybees Books website runs Google Analytics. This service gathers non-personal information about how users interact with our website. We may use this
information to optimize our website for our users. This information will also be available to Google. We are confidant Google stringintly protects user privacy.
3. Financial information, including credit card details
This information is used to obtain payment for goods and services you have ordered from us. This information is never actually received by us. The page where this information is given by you is controlled by our contract merchant service provider, [ANZ eGate], a secure PCI compliant third party. Such information is automatically encrypted, and later decrypted for use. It never touches our system.
4. Data Transmission
Our checkout and cart system is protected by Secure HTTP. This means personal data collected during check out is encrypted while in transit to our servers. However no security scheme is perfect, we cannot ensure the security of the information you transmit to us, therefore you do so at your own risk. We take all reasonable steps to keep your data private and secure once we have received it.
Any and all information collected within the shop premises is likewise kept strictly confidential and is not sold, reused, rented, loaned, or otherwise disclosed, with the following exceptions (see below). Any information you provide us is held with the utmost care and will not be used without your written consent. You may request that we remove your details from our database at any time. Any and all information we are required to collect when purchasing books, (name, photo id, address and contact phone) is likewise kept strictly confidential and is not sold, reused, rented, loaned, or otherwise disclosed unless we believe that the books may have been illegally obtained for the purpose of selling. At this point we will cheerfully fulfill our legal obligations and pass the relevant details onto the person, library or organisation in question, and/or the police.
6. Disclosure to Government
And their agencies. We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorization such as a search warrant or court order.
7. Links to Other Websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
8. Information Requests
At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
This confidentiality policy has been compiled so as to comply with current, New Zealand legislation, so far as we are aware. If you have any question regarding the confidentiality policy, please contact us at:
Arty Bees Books
The Oaks, Manners St
Phone: + 64 4 384 5339