Terms Of Service
TERMS OF SERVICE
Terms of Web Site Use and Disclaimer
In these terms of service, the terms, “we”, “us”, and “our” refer to Cacoon (a division of Riverlea Group Ltd)
All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2016, Cacoon. ALL RIGHTS RESERVED. Any use of materials on this site, including reproduction for purposes, modification, distribution, or republication, without prior written permission of the company, is strictly prohibited.
All trademarks, service marks and trade names of Cacoon used in the site are trademarks or registered trademarks of Cacoon.
Limitation on Liability
In no event shall the company be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if the company has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
We want you to have a safe and secure shopping experience online. All payments via our sites are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy.
You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer.
You may offer to purchase products described on this website from us, at the price specified on the website for those products.
You may not cancel an order once it has been submitted.
Prices are inclusive of New Zealand goods and services tax, in all other respects, the price is exclusive of taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of goods.
Cancellation of Orders
You acknowledge that, despite our reasonable endeavours, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.
We may also cancel an order if we believe that it is being made in contravention of these terms and conditions.
We may cancel an order even if it has been confirmed and the buyer’s credit card has been charged. We reserve this right up until the time of delivery of the Product to that buyer. If a cancellation of this nature occurs after the buyer’s credit card has been charged for the purchase, we will immediately issue a credit to the buyer’s credit card account the amount in question.
Any delivery terms on this website are indicative only. While we will use reasonable endeavours to arrange delivery using the method indicated within the timeframe indicated, we will not be liable for any failure to meet any such delivery time.
Risk and title
Until you have made full payment for all products ordered from us, we retain title in those products.
Risk in those products will pass to you upon receipt of the products by the delivery service provider.
You must ensure that your access to this website is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website. We do not accept liability for any losses arising directly or indirectly from corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the website, or any transmissions by others in contravention of your obligations as set out in these terms and conditions.
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that the company is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by the law, the company disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, nonfringement, freedom from computer virus, and implied, warranties arising from course of dealing or course of performance. In addition, the company does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.
We do not represent or guarantee that this website, or any other website that is accessible using a hyperlink from this website, will be free from errors or viruses. We do not represent or guarantee that access to this website will be uninterrupted.
You acknowledge that this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
To the extent permitted by law, any condition, warranty or guarantee that would otherwise apply by law is hereby excluded. Where legislation implies or prescribes any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition, warranty or guarantee will apply and, to the extent permitted by law, our liability will be limited for a breach of that condition or warranty to one or more of the following:
a) if the breach relates to goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and
b) if the breach relates to services:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information and will not be provided to a third party.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in New Zealand. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Cacoon may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Cacoon.