Terms

OVERVIEW

The headings used in these terms and conditions (“Terms of Service” or “Terms”) are included for convenience only and will not limit or otherwise affect these Terms.

This website is operated by Leisure Workshop. Throughout the site, the terms “we”, “us” and “our” refer to Leisure Workshop. Leisure Workshop offers this website (“site”), including all information, services and products supplied to you by Leisure Workshop (whether available from this site or commissioned by you or us) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing anything from us, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all products supplied to you, or installed for you, by Leisure Workshop, as well as all users of the site..

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

Any new features, products or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website or purchase of any goods or products following the posting of any changes constitutes your deemed acceptance of those changes.

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

SECTION 1 - ONLINE STORE TERMS

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

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

SECTION 2 - GENERAL CONDITIONS

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.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We make 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.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you from us will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

For more detail, please review our Returns Policy.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

In using our website, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability to you whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - 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.

SECTION 9 - PERSONAL INFORMATION

Your submission of any personal information through our website is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 10 – SHIPPING, TITLE AND RISK

Please refer to our Shipping Terms.

Title and property in any good or products provided to you by us shall remain with us, and you shall hold such as bailee and fiduciary agent, until such time as full payment is made to us of all amounts due and owing by you in respect of the goods.

SECTION 11 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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

You agree that

the Service and any and all products delivered or installed by us to you through the Service are (except as expressly stated by us) are provided 'as is' and 'as available' for your use, and 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.

To the extent any such warranties or conditions are implied by law, no such warranties shall apply, and we are not liable for, any of the following:

any defects in the products resulting from a failure to comply with our care and maintenance guidelines (if applicable);
weathering and colour changes as a result of exposure to the elements;
slight surface and colour variations (these are not regarded as defects as variability of colour and visible grain are common features in certain products);
any defects which are caused, or contributed to, by third party installation, third party works post-installation, third party design or engineering of any building or by products supplied by any third party;
any damage to any property caused by your use of any of our products (including fire or smoke related damage);
any defects caused by factors outside our reasonable control such as any movement of a building or exposure to conditions that normally have an adverse impact on our product materials, such as seismic activity, unsuitable chemicals explosion, radiation, collision or other accident, acts of God, vandalism, adverse weather conditions (including flooding); or
any products which have been removed from their original place of installation.

To the extent permitted by law, in no case shall Leisure Workshop, our directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable to you for any injury, loss, damage, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your ownership or use of any of the Services or any products supplied by us to you, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any loss or damage of any kind incurred by you as a result of your use of any our products (including the installation of our products in your home, business, commercial or shared premises), even if advised of their possibility.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Leisure Workshop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitor fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time upon notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly we may deny you access to our Services (or any part thereof).

The obligations and liabilities of both parties incurred prior to the termination date shall survive the termination of this agreement.

SECTION 15 - ENTIRE AGREEMENT AND VARIATIONS

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver by us of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use and enjoyment of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Any variation or amendment of these Terms must be in writing and signed by both us and you.

SECTION 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. Each party irrevocably submits to the exclusive jurisdiction of the courts of New Zealand and courts hearing appeals from them.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@leisure-workshop.com.