Terms & Conditions

The use of this website is subject to the Terms of Use as detailed below in conjunction with our Privacy Policy (together the Terms and Conditions) which together constitute the full agreement between you and art by RIWA Limited (us, our, we). By using this website you acknowledge that you have read, accepted and agree to be bound by the Terms and Conditions.

If you intend to transact through this website (i.e purchase goods and/or services) then you warrant that you are at least 18 years of age, that you have the power to enter into this agreement and you acknowledge that this agreement creates binding and valid legal obligations upon you.

If you do not agree with, or do not wish to accept, the Terms and Conditions relating to this website, or you are under the age of 18, then you must not use this website. If you do not accept our Terms and Conditions you may not be able to access certain sections of this website.

1.   PURCHASING AND PRICES

1.1   You can purchase goods and training through this website, on the terms and at the prices set out on this website.

 

1.2   We reserve the right to amend or correct prices at any time, for any reason.

1.3   Payment is required at the time of purchase. Payment is processed through our third party payment service provider. We do not receive or retain your payment information.

1.4   We may decline an order at any time, for any reason, even after payment is made. If we decline an order, we will refund you any amount paid to us.

2.   RETURNS, DAMAGED OR DEFECTIVE GOODS

2.1   If you receive goods that are damaged or defective, you may return them to us for replacement, repair or a refund, which we will provide in accordance with our legal obligations.

2.2   If you are not happy with the goods you receive, but they are not damaged or defective, you may contact us. We may provide a refund, at our sole discretion, if the goods are returned to us. We are not obliged to accept returns for a change of mind or if you make a wrong decision.

2.3   If you purchase training through the website, we will comply with our legal obligations in relation to refunds. No refund is available where the training was provided a described on the relevant product page. We will provide all training to the best of our ability, but we do not guarantee that it will be appropriate for you or relevant to your level of skill.

3.   TRAINING

3.1   If you purchase training through the website, please make sure that you carefully read the information on the product page relating to the training. Additional terms relating to the training are set out on the product page, including:

(a) what sessions are included;

(b) any pre-requisites to completing the training;

(c) how long the sessions will be available to you for; and

(d) what materials and tools you require to complete the session.

We are not responsible for any matter that is covered in those product terms, and you must make sure that you read them carefully before purchasing the training product.

3.2   For some training, we specify that the resulting products may only be used for your own personal purposes or for gifting or donating, in order to protect our intellectual property rights. In that case, no on-sale of the products is permitted, and you are not allowed to make the products for that purpose. For all other training, you are permitted to make and sell or gift the products that you learn to make in the training.

3.3   There are no formal qualifications associated with any of the training offered through this website, although you will receive a certificate from us on completion of the training.

4.   COPYRIGHT AND TRADEMARKS

4.1   All intellectual property rights (including copyright and trade mark rights) in the contents of this website and all works relating to the goods and services that we provide, including all training materials, are at all times the sole property of us or our suppliers or linked third parties.

4.2   You may not copy, distribute, reproduce, display or publish any, or any part of any, content of this website or any work relating to any goods or services, or any trade mark that appears on this website, for any purpose whatsoever without our prior written approval. You agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with this clause.

4.3   You agree that, unless we have agreed otherwise in writing, you are purchasing any goods for your own use and will not resell any goods without our prior written consent. You agree that you will only use the training materials for your own training purposes, and not for any other purpose.

5.   ADVERTISERS AND LINKED SITES

5.1   The display on our website of any advertiser or the provision of a link to third party website does not constitute our endorsement of either the advertiser or third party provider or any of their website content or business practices. As we do not have any control of the content of any third party websites, access to such websites is at your sole risk and we recommend that you thoroughly review the terms and conditions of use and the privacy policies of any third party website before you access such website.

5.2   We will not be liable to you or any other person in relation to any dealings, promotions or activities between yourself and advertisers or third party providers.

6.   DETAILS

6.1   You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time. You are wholly responsible for any error that occurs because you have not given us correct, up to date or complete contact or other details.

6.2   You agree not to:

(a) impersonate another person;

(b) use a false name or a name you are not authorised to use; or

(c) create a false identity or provide a false address or email address.

7.   SPECIFICATIONS AND INFORMATION

7.1   Specifications and information provided on this website are given in good faith based on our knowledge, experience and information provided to us by manufacturers and/or suppliers or derived from sources believed to be accurate at the time the information is received by us. We do not warrant that any specifications or information provided on this website will be accurate, complete or up-to-date, and, to the extent permitted by law, we will not be liable if any specifications or information are inaccurate, incomplete or out-of-date.

7.2   You acknowledge and accept that colours of items displayed on the website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images or the device that you use to view those images.

7.3   You acknowledge and agree that you are responsible for ensuring that any goods that we supply are appropriate for your intended use, including that they are used in accordance with all applicable laws, regulations and recommendations. Without limitation, you are wholly responsible for ensuring that any goods relating to infant sleep purchased from us, or made by you following any training, comply and are used in compliance with all safe sleeping regulations and recommendations. To the extent permitted by law, we will not be liable for any loss caused by any good being inappropriate for its intended use, or not used correctly.

8.   ON-LINE ORDERING

8.1   Display on this website does not guarantee the availability of any particular goods or services. All orders placed through this website shall be subject to confirmation of acceptance by us. Orders for training will show indicative timing, but we reserve the right to change the timing if reasonably required, by notice in writing to you.

8.2   Subject to the availability of stock, the estimated turnaround time for delivery of the goods within New Zealand is five business days from the time of ordering, international orders is ten business days, unless otherwise advised. However, we do not represent or warrant that any goods will be delivered within any particular timeframe.

9.   CHANGES TO TERMS AND CONDITIONS

9.1   We reserve the right to change any of the Terms and Conditions at any time. The amended Terms and Conditions will be effective once they are uploaded onto this website.

9.2   By continuing to use this website, including by ordering any goods and services, you shall be deemed to have accepted the amended Terms and Conditions. If you do not wish to accept the amended Terms and Conditions, you must stop using the website.

10.   CONTINUOUS SERVICE

10.1   Due to the inherent nature of websites we cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may be unavailable from time to time for scheduled or unscheduled maintenance or scheduled upgrades, or for any other reason. This mean that, where you are accessing training materials through the website, we do not guarantee that they will be available at any particular time.

10.2   We are not liable to you or any other person in relation to website downtime whether scheduled or otherwise.

11.   ERRORS AND COMPLAINTS

11.1   You must contact us immediately if there is an error or omission in any of the information within the website.

11.2   We will use all reasonable endeavours to correct any such error, but will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or omission in the information listed within the website, including within any training materials.

12.   SECURITY

12.1   We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.

12.2   You are responsible for keeping your login information, including your email address and password, secret and secure. You agree not to permit any other person to use your name or access your account and not to disclose (directly or indirectly) any information that may allow another person to gain access to your account.

13.   TERMINATION OF USE

13.1   These terms and your access to our website may be terminated by us (at our sole discretion) at any time without notice or any requirement to give you a reason why.

13.2   In the event of termination under this clause we shall have no liability to you or any other person whatsoever (including for any consequential or direct loss you may suffer).

14.   JURISDICTION

14.1   This website (excluding any linked third party sites) is controlled by us from our business premises in New Zealand. It can be accessed from countries around the world to the extent permitted by the website. These Terms and Conditions and any dealings, actions or claims arising out of, or in relation to, the website, any goods and services or these Terms and Conditions, will be governed by the laws of New Zealand irrespective of any conflict with any laws and statutes applicable to your country of domicile.

14.2   You hereby submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute under or in connection with the Terms and Conditions or relating to the website or any goods and services and agree that any legal proceedings will be conducted in English.

15.   COMPLIANCE WITH POLICIES

15.1   By using the website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms and Conditions.

16.   INDEMNITY

16.1   You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the website, your use of any training materials, any products that you produce following any training provided by us, any information provided by you and/or any breach of these Terms and Conditions.

17.   LIABILITY AND WAIVER

17.1   To the extent permitted by law, we make no representation or warranties about the website or the goods or services offered through this website, including any warranty that the goods and services are appropriate, available or suitable for any particular use.

17.2   To the extent permitted by law, in no event will we be liable to you for any indirect or consequential losses under or in connection with these Terms and Conditions, the website or any goods or services provided through the website.

17.3   If we are found to have any liability under or in connection with these Terms and Conditions, the website or any goods or services provided through the website, our liability will be limited to an obligation to, at our option, either repair or replace the goods or services ordered by you or provide you with a refund for those goods and services. Subject to that obligation, in no event will our liability arising out of all claims under these Terms and Conditions or relating to the website or any goods or services provided through the website in any circumstances exceed NZ$100. Nothing in this clause limits our liability to the extent not permitted by applicable law.

17.4   Our failure or delay to exercise any right or remedy we may have under these Terms and Conditions will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

17.5   We will not be liable for any breach of, or failure to perform, any of its obligations under the Terms and Conditions where such breach or failure is caused by anything beyond our reasonable control, including (without limitation) war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, governmental regulation or direction.

Last updated 14 May 2020

art by RIWA Ltd

Riwa Wawatai
Levin, New Zealand

Phone: +64 22 487 7492

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