terms & conditions

Overview

This website is owned and operated by OHOS NZ Ltd t/as Open Heart Open Soul. Throughout the site, the terms “we”, “us” and “our” refer to OHOS NZ Ltd t/as Open Heart Open Soul. OHOS NZ Ltd t/as Open Heart Open Soul offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If at any time we do not enforce any of these terms and conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

Users outside New Zealand: 
Our website is operated by us from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

Online Store & Website Use

Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

When you place an order on our website, you are making an offer to buy the goods and/or services. When you place an order, you will be required to provide details to enable us to fulfil and deliver the order to you.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Product Information

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Measurements provided on our website are approximate only.

These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We reserve the right to limit quantities or limit the number of products purchased by our customers in any one transaction.

Pricing

All prices displayed are in New Zealand dollars and are inclusive of goods and services tax (GST). If you are an overseas customer the amount you are charged on your credit card for products may vary depending on the currency conversion at the date of purchase or the date of the charge to your credit card.

Any import fees, duties, tariffs or other charges which may be payable in regard to international orders are the responsibility of the customer.

Delivery costs are applicable and are as specified at the checkout when purchasing your item.

Prices for our products are subject to change without notice and reserve the right to change any aspect of our product information at any time without notice.

Delivery

It is the customer’s responsibility to ensure the delivery address and receiver’s name for the order is accurate and complete (including any business name if delivering to a business or commercial address) as we may be unable to change these details once the order has been placed. We will not take responsibility for any orders that go missing due to incorrect delivery information provided by the customer.

We will endeavour to deliver goods within the delivery timeframe as outlined in our shipping information but to the maximum extent provided by the law we cannot be held liable for late delivery once the goods are dispatched.

A physical address is required for all orders as we cannot deliver to a PO Box in some circumstances.

Delivery to rural addresses and certain international orders may take longer in some areas.

You must notify us within 10 days of the dispatch date if you have not received your order.

Returns
Any return of goods is subject to our Returns Policy.

Order Cancellation

Once your order is confirmed we are unable to change or cancel any aspects of your order therefore please check your order details carefully before completing payment and finalising your order.

Consumer Guarantees Act

For New Zealand customers, nothing in these terms and conditions will limit or affect your rights as a consumer under the Consumer Guarantees act 1993 to the extent that such limitation or other contracting out is prohibited by that Act.

We will honour our obligations under the Consumer Guarantees Act 1993.

Intellectual Property

The design and content contained within our website is intellectual property which is either owned or licenced by Barbra Maggs t/as Open Heart Open Soul. The website is intended solely for your personal non-commercial use. Any use of our website and its content for purposes other than personal non-commercial use is prohibited without our prior written permission.

You may not systematically extract and/or utilise parts of the content of our website and in particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (either once or many times) without our prior written permission. You may not create and/or publish your own database that features content on this website (e.g. our prices and product listings) without our prior written permission.

You may use the content of this website only for the purpose of shopping on this website or placing an order on this site and for no other purpose.

Errors and Omissions

We endeavour to ensure all information on our website is accurate, however errors and omissions may occur. We cannot and do not represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date.

Prices and colours of products may change and all products are subject to availability and variations to products may occur from time to time.

In the event of an error or that a product is listed at an incorrect price or with incorrect information, we reserve the right without liability to refuse or cancel any orders. We do not accept liability for any loss or damage which may directly or indirectly result from any advice, information or omission whether negligent or otherwise, contained on this website.

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Disclaimer

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

General

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

As per our Privacy Policy no one under the age of 13 is permitted to provide information via our website. Minors under the age of 18 years are not permitted to make purchases without parental consent.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Contact information

Questions about the Terms of Service or any of our policies should be sent to us at ohosnz@outlook.com.