Terms of Service
OVERVIEW
This website is operated by Sierra Auckland. Throughout the site, the terms ‘we’, ‘us’ and ‘our’
refer to Sierra Auckland. Sierra Auckland offers this website, including all information, tools
and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices
all terms, conditions, policies, and notices stated here.
When you visit our website and/or purchase something from us, you participate in our
‘Service‘ and agree to be bound by the following terms and conditions (’Terms of Use‘,
available via hyperlink. These Terms of Use apply to all users of the website, including, but not limited to,
users who are browsers, sellers, customers, merchants, and/or content providers
Please read these Terms of Use carefully before accessing or using our website. By accessing
access or use any part of the website, you agree to be bound by these terms of use. If
you do not agree to all the terms and conditions of this agreement, do not access the
website or use the services. If these terms of use are considered an offer, acceptance is
expressly limited to these terms of use.
Any new features or tools added to the current offering will also be subject to the Terms of Use.
You can view the most recent version of the Terms of Use at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Use.
SECTION 1 - ONLINE STORAGE TERMS AND CONDITIONS
By accepting these Terms of Use, you represent that you are at least the age of majority
in the state or province where you reside and that you have given us permission to allow
your minor children to use this Site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate
the laws of your jurisdiction (including without limitation copyright laws) in your jurisdiction when using the
Service.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time and for any reason.
You acknowledge that your content (other than credit card information) is transmitted
in clear text and (a) may be transmitted over various networks and (b) may require
modifications to meet technical requirements of connecting networks or devices.
Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
the use of the Service, or your access to the Service or any contact on the website through which the
Service is provided without our express written consent.
The headings used in this Agreement are for convenience only and are not intended to limit or
restrict the use of the Service.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.
We are not responsible if the information on this website is not accurate, complete or up to date
up to date. The material on this website is for general information purposes only and should not be
relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Your use of the material on
this website is at your own risk.
This website may contain certain historical information. Historical information is not necessarily
current and is provided for your reference only. We reserve the right to modify the content of this
site at any time, but we have no obligation to update the information on our site. You agree
that it is your responsibility to be aware of any changes to our site.
SECTION 4 - CHANGES TO SERVICES AND PRICES
The prices of our products are subject to change.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at
any time without notice.
We shall not be liable to you or to any third party for any modification, price change,
suspension or discontinuance of the Service.
Conclusion of the contract
The presentation of products in the online shop does not constitute a legally binding offer,
but a non-binding online catalogue. By clicking on the ‘Buy’ button, you submit an offer to
conclude a purchase contract. An order confirmation will be sent immediately
via an automatic email. This confirmation email does not constitute
acceptance of the contract.
Warranty
The statutory warranty rights apply.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may only be available online through the website. These
products or services may only be available in limited quantities and may only be returned or
exchanged in accordance with our return policy.
Every effort has been made to display the colours and images
of our products as seen in-store. We cannot guarantee that the colours displayed on your computer monitor
are accurate.
We reserve the right, but have no obligation, to limit the sale of our products or services to
any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any product or service
offered. All product descriptions or product prices are subject to change at any time
without notice and at our sole discretion. We reserve the right to discontinue any product at
any time. Any offer for a product or service on this website is void where prohibited.
We do not warrant that the quality of any product, service, information or other material
purchased or received will meet your expectations or that any errors in service will be
corrected. All of our products are shipped directly to the consumer from our supplier in China.
Any charges such as customs duties, import duties are the responsibility of the consumer.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order. These restrictions
may be applied to orders placed by or under the same customer account, the same credit card
and/or orders with the same billing and/or shipping address. In the event that we modify or
cancel an order, we may attempt to notify you by contacting the email address and/or billing address
/phone number provided at the time of the order. We reserve the right
to limit or prohibit orders that, in our sole discretion, appear to be placed by retailers,
resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for
all purchases made in our store. You agree to promptly update your account and
other information, including email address, credit card numbers, and expiration dates, so
that we can complete transactions and contact you as needed.
For more details, please see our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or
authority.
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
we accept any liability arising from or in connection with your use of any optional third-party tools.
Any use by you of optional tools offered through the website is at your own risk and
discretion, and you should ensure that you are familiar with and accept the terms on which
the tools are provided by the relevant third-party provider(s).
SECTION 8 - LINKS TO THIRD-PARTY SUPPLIERS
Some content, products, and services available through our Service may contain material
from third parties.
Third-party links on this website 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 of any third-party websites or services, and
do not guarantee or assume any responsibility for any third-party material or websites
or any other materials, products or services of third parties.
We are not liable for any damage or injury related to the purchase or use of
any goods, services, resources, content or other transactions made in connection with any third-party websites.
Please review the policies and practices of third-party providers and
make sure you understand them before you do any transaction. Complaints, requests,
concerns or questions regarding third-party providers' products should be directed to the third-party provider
.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER INFORMATION SUBMITTED BY YOU.
If you submit certain contributions (e.g., contest entries) or send creative ideas,
suggestions, proposals, designs or other materials to us at our request, whether online, by email, by
post or otherwise (collectively, ‘Comments’), you agree that we may edit, copy, publish,
distribute, translate and otherwise use the Comments you submit at any time and in any medium
without restriction. We are not and will not be obligated to (1) keep any Comments confidential
; (2) pay any compensation for any Comments; or (3) respond to any Comments.
We have the right, but not the obligation, to monitor, edit or remove any content that, in
our sole discretion, we deem illegal, offensive, threatening, defamatory, pornographic,
obscene or otherwise objectionable, or that violate the intellectual property of any party or these
Terms of Use.
You agree that your comments will not violate the rights of third parties, including
copyright, trademarks, privacy, personal rights or any other personal or proprietary rights. You
further agree that your comments will not contain defamatory or otherwise illegal,
offensive or obscene material and will not contain computer viruses or other malware that
may in any way interfere with the operation of the Service or any related website. You must not
use a false email address, impersonate someone other than yourself, or otherwise mislead
us or third parties as to the origin of your comments. You are solely responsible for all
your comments and their accuracy. We take no responsibility and will not be liable for any
comments posted by you or any third party.
Any special customs fees and/or import duties are not included in the
price and are the responsibility of the customer.
SECTION 10 - PERSONAL INFORMATION
The provision of personal information through the Store is subject to our Privacy Policy. To view
our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our website or service may contain information that includes typographical errors,
inaccuracies or omissions, which may relate to product descriptions, prices,
promotions, offers, product shipping charges, transit times and availability. We reserve the right
correct any errors, inaccuracies or omissions and to change or update any information or
cancel any orders if any information on the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).
We assume no obligation to update, modify or clarify any information on the
Service or any related website, including, without limitation, pricing information, unless
required to do so by law. No update or renewal date stated on the Service or any related website
shall indicate that any information on the Service or any related website
has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from
using the Site or its Content: (a) for any unlawful purpose; (b) to encourage or participate in
illegal activities of others; (c) to violate any international, federal, provincial or state regulations, rules, laws or ordinances;
(d) to violate our intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, defame, slander, disparage, intimidate or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality
or disability; (f) provide false or misleading information; (g) upload or transmit viruses
or any other type of malicious code that is or may be used in a manner that disrupts the
functionality or operation of the Service or any related website, other websites or the Internet
(h) to collect or track the personal information of others; (i) for spam, phishing, pharming, pretexting,
spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites or the Internet.
We reserve the right to terminate your use of the Service or any related website if
you violate any of the prohibited uses. (j) for obscene or immoral purposes; or (k) to interfere with
or circumvent the security features of the Service or any related website, other websites
or the Internet. We reserve the right to terminate your use of the Service or any related website
if you violate any of the prohibited uses. (j) for obscene or immoral purposes; or (k)
to interfere with or circumvent the security features of the Service or any related website,
other websites or the Internet. We reserve the right to terminate your use of the Service or
any related website for violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
We do not guarantee that the use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be
accurate or reliable.
You agree that we may remove the Service from time to time for any period of time
or terminate the Service at any time without notice.
You expressly agree that your use of the Service or your inability to use the Service is at your own
risk. The Service and all products and services made available to you through the Service
are provided (except as expressly stated by us) ‘as is’ and ‘as available’ for your use,
without any representations, warranties or conditions, express or implied, including any
implied warranties or conditions of merchantability, fitness for a particular purpose,
duration, title and non-infringement.
or any loss or damage of any kind incurred as a result of the use of the Service or any
Content (or products) posted, transmitted or otherwise made available through the Service,
even if advised of the possibility of such damages. Because some states or jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental damages, our
liability in such states or jurisdictions is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION.
You agree to indemnify, defend and hold harmless NomeNegozio and its parent company, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, from any claim or demand,
including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents contained herein, or your violation of any law
or the rights of third parties.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void or
enforceable, such provision shall nonetheless remain in full force and effect to the maximum extent
permitted by law, and the unenforceable part shall be deemed severable from these
Terms of Use, and such determination shall not affect the validity and enforceability of the
remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties arising prior to the termination date shall survive
upon termination of this Agreement for all purposes.
These Terms of Use will remain in effect until terminated by either you or us. You may terminate
these Terms of Use at any time by notifying us that you no longer wish to use our services or
if you no longer use our website.
If, in our sole discretion, you breach or we suspect that you have breached any term or
provision of these Terms of Use, we may also terminate this Agreement at any time without
notice, and you will remain liable for all amounts due up to and including the date of termination;
and/or you may be denied access to our Services (or any part thereof) as a result.
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this Site or in
connection with the Service constitute the entire agreement and understanding between you
and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us
(including, without limitation, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against
the drafter.
SECTION 18 - APPLICABLE LAW.
These Terms of Use and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of Italy.
governed by and construed in accordance with the laws of Italy.
SECTION 19 - CHANGES TO TERMS OF USE.
You can view the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms of Use by posting updates and changes to our website. It is your responsibility to
check our website regularly for changes. Your continued use of or access to our website or
the Service after the posting of any changes to these Terms of Use will be considered
acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to care@sierra-auckland.co.nz