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GENERAL CUSTOMER TERMS & CONDITIONS OF SALE
These customer terms and conditions of sale (“Terms”) are issued by T-Mark Corporation Limited and are effective from 1 July 2024.

 

Definitions

 For the purposes of these Terms and Conditions:

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

“Account” means a unique account created for You to access our Service or parts of our Service.

“Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to T-Mark Corporation Limited.

“Country” refers to New Zealand

“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.

“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

“Products” refer to the products or items offered for sale on the Service.

“Orders” mean a request by You to purchase Products from Us.

“Promotions” refer to contests, sweepstakes or other promotions offered through the Service.

“Service” refers to the Website.

“Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by TermsFeed Terms and Conditions Generator.

“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

“Website” refers to T-Mark Website, accessible from https://www.tmark.co.nz

“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

 

Placing Orders for Products

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

 

Your Information

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

 

Fair Use Policy

All goods and services offered for sale on our Websites, including those on sale, promotion or with any discounts on retail prices, are offered under our Fair Use Policy.

We reserve the right to place quantity limits on goods. Discount limits per customer and maximum savings per customer will be monitored for any suspected abuse of the Fair Use Policy.  Persistent abuse of our Fair Use Policy may result in suspension or termination of your customer accounts with us.

 

Cancelling Orders

We reserve the right to cancel orders that we believe to be placed for commercial purposes or are fraudulent (including where we believe there may have been credit card or a payment related fraud) or otherwise breach our Fair Use Policy. We may also cancel orders where there has been an error in the listing of the good (e.g. an incorrect price, image or description of a good) and/or a stock complication arises.

If we cancel your order, you will be refunded in full to the purchasing account. Prior to any such cancellation, we may contact you and discuss appropriate changes to your order.

You can request to cancel your order (or part of your order) for any reason unless it has already been shipped. If we are able to successfully process your cancellation request before your order is shipped, you will receive a full refund of any payments you have made for that order. Please note that creating a cancellation request does not guarantee that your order will not be shipped.

 

Pricing

Unless specified otherwise, all prices listed in store, on Websites and Platforms, are in New Zealand Dollars and are inclusive of GST. Please note that prices may be altered at any time for any reason. Delivery charges may be listed separately. Online and in store pricing may differ.

Delivery of your order 

Deliveries must be to New Zealand addresses. Delivery lead times and delivery costs for goods may vary.

After placing your order, you may be able to track its progress by the provided link to the relevant carrier’s site (where you can check your order’s progress). 
 
To ensure successful delivery, you must provide a delivery address where someone will be present during business hours. We will not be liable for late delivery where attempted delivery has occurred on or before the relevant delivery timeframe, or where an inappropriate form of delivery is selected for the goods purchased.

If you live at a rural address, you must indicate that at checkout for your item to be delivered. Please note that if you don't select rural delivery but your order is being delivered to a rural address, this may result in a request for you to pay a rural delivery fee before your order is delivered. This additional fee is charged because rural delivery couriers are subcontracted to deliver your parcel from the nearest post office. These couriers then on-charge this fee. 

Returns

Refer to Specific Terms to find out more about the applicable returns policies.

 

Security

We want you to have a safe and secure online shopping experience. All payments via our Websites and Platforms are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy. You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer.

 

Payments

Payment can be made through various payment methods we have available, such as Visa, MasterCard, Union Pay or Online EFTPOS.

Shoppers purchasing by credit card or Online EFTPOS are transferred to the Payment Express website to transact. This is a secure credit card payment service provided by Direct Payment Solutions. Our site neither collects nor stores your credit card details.

 

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: https://www.tmark.co.nz

By sending us an email: eshop@tmark.net.nz