Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by Bask Gallery, ("we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.baskgallery.co.nz ("the website"). They are effective from 30th August 2021 and will replace all earlier Bask NZ terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supplyAll orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery and delivery chargesPrices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
PricingAll prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment optionsWe accept payment by direct transfer (NZ customers only), credit card, and Laybuy (NZ only). Credit card payments are processed by Stripe.
Credit Card SecurityAll payments are processed via Stripe secure payments system to ensure high levels of payment security and are subject to Stripes terms and conditions.
Shipping and deliveryWe use NZ Post with track and trace and currently only ship within New Zealand. If you are outside of New Zealand and would like to place an order please contact us first.
Please allow 2-6 working days for delivery on stocked items. For unstocked items, we will advise you to the approximate delivery date at which time you may accept or cancel your order.
ReturnsThere will be no returns or exchanges on sale items. If you are unhappy with your order in any way, it can be returned or exchanged provided that it is as new and in saleable condition.
We will exchange or credit full price items that are returned to us within 14 days of being received by you. We are able to refund full price items that are returned to us within 7 days. Please advise us upon receipt of your purchase if you wish to make an exchange - this is best done via email to email@example.com.
Please note that all extra postage costs incurred in an exchange are payable by you and return of the new item is subject to us receiving the extra postage costs incurred. Once this is received the new item will be posted immediately.
All sale items are a final sale and are strictly non-returnable.
Returns of faulty items will only be accepted if the goods were faulty when delivered to you; Bask Gallery online store makes great effort to check your purchase thoroughly for any faults before sending them out to you. All items returned as faulty will be inspected on receipt and any items that appear to have been damaged or used by the customer will not be accepted as faulty. We will replace a faulty item if a replacement is in stock and available. If you wish to be sent a replacement, please make your request is clear when contacting firstname.lastname@example.org about the fault. Returns of faulty goods must be returned to us within 7 days of being received by you. In case we cannot offer you a replacement, you will have the choice of receiving a credit note or a refund to the value of the item at the time of purchase and any shipping costs incurred.
Returns & exchanges received outside the above time frames will not be accepted. For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us.
We will only accept returns where the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. We will not accept returns for any non-faulty items that have been used or incurred wear and tear.
Shipping charges from the original order are non-refundable.
We highly recommend sending returns back with a track and trace number so they won't get lost in the mail.
Liability LimitationWhere you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdictionUnless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.baskgallery.co.nz.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.