Terms of Service

Accepting the Terms and Conditions of Use and Service

Please read these Terms & Conditions and the Privacy Policy for our goods sold online, which is available via the internet (collectively, the ‘Agreement’) carefully before using PAINTED BIRD (referred to hereinafter as the ‘Site’) and/or the other domains, products, services and/or content provided by PAINTED BIRD LTD. Company number: 5902590

NZBN: 9429042222729 (all of those collectively with the Site, the ‘Services’) (Painted Bird Ltd. collectively with its agents, consultants and employees, ‘Painted Bird,’ ‘we,’ or ‘us’). By using or accessing the Services, you (‘Subscriber’ or ‘you’) agree to all the terms and conditions of this Agreement, and if you do not agree to all the terms and conditions of this Agreement you should not and are not permitted to use the Services.

Modifications to the Agreement

Painted Bird may in its sole discretion, modify the Agreement at any time by posting a revised Agreement through the Services. Please read the Terms of Use & Service and check back often. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of the same constitutes your acceptance of the terms and conditions of this Agreement as modified.

Any modifications to the Agreement made after you have placed an order will not affect and are not binding on that order unless we are required to make the change by law.

Limitations of Use

You may not do any of the following while accessing or using the Services:

  • Access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Painted Bird  and/or its service providers.
  • Probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures.
  • Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Painted Bird (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Painted Bird.
  • Scrape the Services, and particularly scrape Content (as defined below) from the Services, without the express prior written consent of Painted Bird; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or
  • Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

Intellectual Property

Definitions: For purposes of this Agreement, the term ‘Content’ means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services.

This website contains material which is owned by or licensed to Painted Bird. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Painted Bird and/or third parties retain ownership of all intellectual property rights in all content.

Unless otherwise indicated, all materials on this website, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1994, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Painted Bird. Any other use of materials on this website, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Painted Bird is strictly prohibited.

Disclaimer

The information contained on the Site is for general information purposes only. The information is provided by Painted Bird and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

For the avoidance of doubt, you agree that the display of goods or services for sale on the Site are an invitation to treat and are not a contractual offer for sale.

Painted Bird may in its sole discretion reject or not accept your offer to purchase any goods or services for sale on the Site in its sole discretion and for any reason.

Painted Bird shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the purchase of Painted Bird products from the Site.

This website may contain links to other websites. Painted Bird are not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by Painted Bird. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.

Every effort is made to ensure the efficient operation of the Site and Services and that the information contained within the Site is accurate at all times. However, Painted Bird takes no responsibility, and will not be liable for the Site becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.

Eligibility to Purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

All orders are subject to availability and confirmation of the order price. Dispatch times may vary depending on availability of items and any delivery time guarantees made are subject to service from our third party freight company and we will not be responsible.

The Site is available only to individuals and others who meet the terms of eligibility as accepted by Painted Bird, who have been issued a valid credit/debit card by a banking institution acceptable to Painted Bird, whose applications are acceptable to Painted Bird and who have authorised Painted Bird to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Painted Bird reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where Painted Bird feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

No individual under the age of 16 (sixteen) may use the Services or provide any information to Painted Bird or otherwise through the Services (including, for example, a name, address, telephone number, or email address) without the prior consent of a parent or guardian. Any individual under the age of 16 must advise their parent or guardian in relation to Painted Bird’s Privacy policy prior to registering to use the Site or any of the Site’s services. We reserve the right to only accept orders from those over 18 (eighteen) years of age however. You otherwise may only use the Services if you can form a binding contract with Painted Bird and are not legally prohibited from using the Services.

Pricing and Availability

We try to ensure that all details, descriptions and prices which appear on the Site are accurate however, errors may occur. If we discover an error in the price of any goods that you have ordered, we will notify you immediately and offer you the option to reconfirm your order at the correct price or to cancel your order. In the case that we cannot get in contact with you, we will cancel the order and refund you in full.

We do not guarantee the availability of an item until the order has been dispatched and we may have to cancel an order if an item is unavailable, in this case you will receive a full refund. If for any other reason we are unable to dispatch your order, we will notify you within 2 business days. Delivery costs are charged in addition to the order total and will be clearly marked at checkout.

The Site may contain errors and inaccuracies and we reserve the right to correct any errors or inaccuracies and to update information at any time without any notice.

Payment

Prices may be displayed in different currencies and are based on current exchange rates however, all transactions will be processed in NZD. The payment methods we accept are Credit Card, Zip, LayBuy and PayPal. No orders will be dispatched until payment has been received in full. We may contact you to verify your personal details before dispatching your order. Due to security reasons, credit notes cannot be redeemed online and can only be redeemed in store at our boutique.

Discount Codes

We may offer promotional discount codes to be used on the site which will adhere to special conditions that will be specified at the time of issue.

Gift Cards

The following Terms and Conditions apply to all gift cards purchased online unless otherwise stated:

  • Gift cards are valid for 1 year from date of issue.
  • Gift cards are non-transferable and cannot be returned or redeemed for cash.
  • If your order total is less than the value of the gift card, the remaining balance will be credited to your card and can be redeemed at your next purchase.
  • If your order total exceeds the value of the gift card, the remaining balance must be paid by credit card, debit card or PayPal.
  • Only one gift card can be redeemed per transaction.
  • Painted Bird is not liable for delivery of a gift card to an incorrect or non-existent address or e-mail address, this is the sole responsibility of the purchaser.
  • Painted Bird is not responsible if a gift card is lost, stolen, destroyed or used without permission.
  • Painted Bird reserves the right to cancel a gift card if it is deemed necessary.
  • Promotion codes cannot be applied to the purchase of gift cards unless otherwise stated.

Laybuy and Part Pay

The Consumer Guarantee Act does not assist with any disputes regarding Buy Now Pay Later.

https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/laybys-and-buy-now-pay-later/

Selling on Behalf

If your item/s are accepted to be sold within our store/s on behalf:

  • The item/s will be priced in store and GST added. 
  • Your item/s may remain in the store for between two and six months and a review may be done at the end of two months.
  • Painted Bird reserves the right to sale or discount items as required without notification.
  • You must collect your items if you wish them returned to you either: after the review date or, within 10 days of agreement completion.
  • No payments will be made on any item sold or donated after the agreement completion date has ceased should they remain in store not collected.
  • If items are sold, your payment will be less GST and 40% of the sale remaining amount. Should you wish your item to be listed on this Site, a flat fee of $10.00 (as at May 2020 and may subject to change) for administrative costs, any shipping costs will also apply and will be drawn from the final sale amount if the item is sold in addition to the payment assignment stated here.
  • Any monies owing from the sale will be transferred to your agreed bank account within one week of sale.
  • No cash payments or trade for goods will be made under any circumstances.
  • Items are taken in good faith and should be in excellent condition, clean or, have been dry cleaned. Should there be any conditional issues (marks/stains, holes, damage, missing buttons, etc) we reserve the right to price accordingly, request collection or donate. All goods are accepted at owner's risk.
  • Please understand that we make every endeavour to safeguard your items from theft or damage, however no responsibility will be held by the store or owner should this occur.
  • Arrangements for collection may be made only during business hours in store (view open days and times). Any items remaining in store after this time, without return email agreement as above, will be re-allocated at our discretion and no monies will be paid.

  • Should you wish to collect your item/s once already added to our online store, you will be required to pay a website administration fee of $15 per item.

Notices and Contact

For the purposes of contacting Painted Bird under this agreement, providing notices under this agreement, or for any questions, Painted Bird may be contacted on +64 9 486 2473 or via email.