Terms and conditions
These terms and conditions (the “terms and conditions”) govern the use of Midnightmoon.co.nz (the “site”). The site is owned and operated by Midnight Moon New Zealand. This site is an ecommerce website.
By using this site, you indicate that you have read and understand these terms and conditions and agree to abide by them at all times.
THESE TERMS AND CONDITONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ CAREFULLY.
Intellectual Property
All content published and made available on our site is the property of Midnight Moon New Zealand and the site's creators. This includes, but is not limited to image; text, logos, documents, downloadable files and anything that contributes to the composition or our site
Age Restrictions
The minimum age to use our site is 18 years old. By using this site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Accounts
When you create an account on our site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sales of Goods
These Terms and Conditions govern the sale of goodw available on our site.
The following goods are available on our site:
Alcohol Products
These Terms and Conditions apply to all the goods that are displayed on our site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all the goods we provide. You agree to purchase goods from our site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our site.
Credit card
When you provide us with your payment information, you authorise our use of access to payment instruments you have chosen to use. By providing us with payment information you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our site, the goods will be delivered through one of the following method:
Standard Post 1-4 days
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds
Refund for goods:
Refund requests must be made within 2 days of receipt of your goods.
We accept refund requests for goods sold on our site for any of the following reasons:
Goods do not match the description.
Returns
Returns can be made by mail. To return a product by mail, follow the following procedure:
Pack your goods so they are protected and pay the postage.
Consumer Protection Law
Where the Consumer Guarantees act 1993, the Contract and Commercial Laws Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these terms and conditions will not limit your legal right and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of liability
Midnight Moon New Zealand and our director, officers, agents, employees, subsidiaries, and affiliates will not be liable for aby actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the site.
Indemnity
Except where prohibited by law, by using this site you indemnify and hold harmless Midnight Moon New Zealand and our directors, offices, agents, employees, subsidiaries, and affiliates from any action, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our site or violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of New Zealand
Disputes resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Midnight Moon New Zealand are unable to resolve any dispute through informal discussions, then you and Midnight Moon New Zealand agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be neutral party acceptable to both you and Midnight Moon New Zealand. The costs of any mediation will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Midnight Moon New Zealand agree that you both retain the right to bring an action in small claims courts and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post notice on our Site.
Contact details
Please contact us if you have any questions or concerns. Our contact details are as follows:
midnightmoonnewzealand@gmail.com.
You can also contact us through the feedback from available on our Site.
Effective Date: 8th October 2022
