Terms & Conditions
Native Pens Website General Terms & Conditions
The following terms and conditions apply in relation to your purchase of products ("Products") from the Native Pens website. By browsing and (where applicable) purchasing from the Native Pens e-commerce website you agree to be bound by these terms and conditions and any additional terms and conditions presented during the purchasing process.
1. Application of terms and conditions
1.1 In these terms and conditions, reference to "we" and "us" means Native Pens, and "our" has a corresponding meaning.
1.2 "You" means you our customer under these terms and conditions and "your" has a corresponding meaning.
2.1 While Native Pens has endeavoured to ensure that the information provided on the web site is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on the Native Pens e-commerce website. We reserve the right to make changes to the information provided on the Native Pens e-commerce website at any time and without notice.
2.2 Your placement of an order via the Native Pens e-commerce website is an offer to purchase our Products in accordance with these terms and conditions. We may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until the confirmation has been provided through email.
If any credit transaction is discovered to be fraudulent, Native Pens will proceed with investigation to analyse the occurrence and facilitates to debit your account. This process will depend on the nature of the transaction.
2.3 To make a purchase from the Native Pens e-commerce website on your own behalf:
a. You must be 18 years of age or over, or if you are under 18 years of age, you must have your parent or guardian's consent to make the purchase and enter into the terms and conditions applying to the purchase;
b. You must be either purchasing on your own behalf or authorised to purchase on behalf of another person.
2.4 If you are purchasing on behalf of a company, association, partnership or other such entity ("Entity"):
a. you must be authorised to agree to these terms and conditions on behalf of the Entity;
b. you must be authorised by the Entity to make the purchase;
c. you must be authorised to use the Entity's credit card used to make the purchase; and
d. references in these terms and conditions to "you" include the Entity (as defined above).
2.5 By purchasing from the Native Pens e-commerce website, you warrant that you meet the relevant conditions set out in clauses 2.3 and 2.4 above.
2.6 When making a purchase from the Native Pens e-commerce website, you must provide all required information (including your name, contact details, etc) and complete your payment through PayPal or, for New Zealand Customers, through a bank transfer or we might not be able to process your order.
2.7 At our discretion, you may not be able to proceed with any purchase on the Native Pens e-commerce website which exceeds our current limits on volume or total value.
2.8 All orders are subject to the availability of Products. If for any reason a Product is not available, we will endeavour to notify the non-availability on the Native Pens e-commerce website. Please refer to our Delivery and Shipping information page.
2.9 Where Products are listed on Native Pens e-commerce website with an incorrect price or with incorrect information, or if product is not available we reserve the right to cancel your order for those Products (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order, and your refund will be free of any additional charges.
2.10 Although we endeavour to accurately display the images of Products, we do not guarantee the appearance of any product or products delivered to you will exactly match that of the image that may be displayed on the Native Pens e-commerce website.
3. Price of Products and Payment
3.1 The price payable for Products ordered by you shall be the price displayed on the Native Pens e-commerce website at the time your order is submitted (subject to clause 2.9 above), together with the applicable delivery charges. Unless expressly stated otherwise, all prices displayed on Native Pens e-commerce website are stated and payable in New Zealand dollars. All international purchases will be charged to your credit card through Paypal at the PayPal exchange rate applicable at the time of purchase.
3.2 Products displayed on Native Pens e-commerce website, and their prices, are subject to change without notice.
4. Delivery & Title
4.1 We will endeavour to dispatch your order within 1-2 business days once we have confirmed that we have accepted your order and received all amounts payable for your order. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date. We will endeavor to provide you with email confirmation of dispatch within 3 working days of dispatch.
4.2 Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
4.3 For delivery, service provider's delivery terms and conditions apply.
i. After three unsuccessful attempts to deliver your order we will return the goods and cancel the order.
ii. If the wrong delivery address is provided you bear the shipping charges to get it delivered to the correct destination.
iii. If the cost of returning the goods is not acceptable by the company the company may direct the delivery agent to destroy the goods if customer is not willing to bear the additional charge or fails to claims the goods within 1 month.
4.5 Title to, and responsibility for, each Product you order from the Native Pens e-commerce website passes to you when the Product is delivered to you.
4.6 Where you believe that incorrect Products have been delivered, you must contact us with any such claim within 7 days of delivery and you must provide us with a reasonable opportunity to investigate that claim.
If you discover any defect in your product, you may within 7 days of delivery contact us to arrange return of the item in new condition for a replacement. If a replacement is not available we may at our discretion provide a refund. You will be notified by email of the status of the replacement. Please refer to our delivery and shipping information page for more details.
6. Change or cancel an order
If you wish to change or cancel an order, please contact us through our web site contact page or by e-mail. Orders can be changed or cancelled anytime before they are shipped. Please refer to our delivery and shipping information page for more details.
7. User conduct
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
8.1 We reserve the right to change these terms and conditions from time to time by publishing the changed terms on the Native Pens e-commerce website. When revised terms and conditions are published on the Native Pens e-commerce website, all orders submitted by you after the revised terms and conditions are published shall be subject to the terms and conditions as revised.
8.2 If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
8.3 We shall not be liable to you for any delay or nonperformance of our contractual obligations to the extent that such delay or nonperformance is caused by an event or circumstance which is outside our reasonable control.
8.4 You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, bylaws and rules that apply to the use of any Products you purchase from us.
8.5 We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time.
8.6 These terms and conditions (and any orders to/from the Native Pens e-commerce website) shall be governed by the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction to hear and determine any dispute arising in relation to these terms and conditions (and any orders to/from the Native Pens e-commerce website).