Terms of Use

Effective Date: | Last Updated:

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Gharvynnphikkhar ("Company," "we," "us," or "our"), a company registered in New Zealand, governing your access to and use of our website and services.

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our website.

2. Consumer Guarantees Act

If you are a "consumer" as defined under the Consumer Guarantees Act 1993 (CGA), nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the CGA. Where our goods or services are supplied for business purposes, the guarantees under the CGA do not apply.

3. Fair Trading Act Compliance

We comply with the Fair Trading Act 1986 and commit to:

• Providing accurate descriptions of our products and services
• Not engaging in misleading or deceptive conduct
• Honouring representations made about our products
• Providing clear pricing information including GST

4. Eligibility

By using our website, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding agreements
• You are not prohibited from using our services under New Zealand law
• Your use of our website will not violate any applicable law or regulation

5. User Accounts

If you create an account on our website, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms.

6. Acceptable Use

You agree to use our website only for lawful purposes. You are prohibited from:

• Violating any applicable New Zealand or international law or regulation
• Engaging in any fraudulent, deceptive, or misleading conduct
• Infringing upon the intellectual property rights of others
• Transmitting viruses, malware, or other malicious code
• Attempting to gain unauthorised access to our systems or networks
• Interfering with or disrupting the integrity or performance of our website
• Collecting or harvesting personal information of other users
• Using automated systems (bots, scrapers) without our express permission
• Posting defamatory, obscene, or offensive content

7. Intellectual Property Rights

All content on our website, including text, graphics, logos, images, photographs, videos, and design elements, is the property of Gharvynnphikkhar or our licensors and is protected by New Zealand and international intellectual property laws, including the Copyright Act 1994 and Trade Marks Act 2002.

You are granted a limited, non-exclusive, non-transferable licence to access and use our website for personal, non-commercial purposes. You may not:

• Copy, reproduce, distribute, or create derivative works from our content
• Modify, alter, or remove any proprietary notices or labels
• Use our trademarks, logos, or branding without written authorisation
• Frame or mirror any portion of our website
• Use our content for commercial purposes without our express consent

8. Product Information and Pricing

We strive to provide accurate product descriptions and pricing. However:

• Product images are for illustrative purposes; actual products may vary slightly
• Colours displayed on your screen may differ from actual product colours
• Dimensions and specifications are approximate and subject to manufacturing tolerances
• All prices are displayed in New Zealand Dollars (NZD) and include GST unless otherwise stated
• Prices are subject to change without prior notice
• We reserve the right to correct pricing errors

9. Orders and Transactions

When you place an order through our website:

• You are making an offer to purchase products subject to these Terms
• All orders are subject to acceptance and availability
• We reserve the right to refuse or cancel any order for any reason
• Payment must be received in full before order processing
• You agree to provide accurate billing and shipping information

Acceptance occurs when we send order confirmation or when goods are dispatched, whichever occurs first.

10. Delivery

We deliver throughout New Zealand. Delivery terms:

• Delivery timeframes are estimates only and not guaranteed
• Risk of loss passes to you upon delivery
• You must ensure someone is available to receive delivery
• Additional charges may apply for remote areas or difficult access

11. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Your use of third-party websites is at your own risk.

12. Disclaimer of Warranties

Subject to your rights under the Consumer Guarantees Act 1993:

• Our website is provided "as is" and "as available"
• We do not warrant that our website will be uninterrupted, secure, or error-free
• We make no representations about the accuracy or completeness of website content

13. Limitation of Liability

To the maximum extent permitted by New Zealand law, and subject to your rights under the Consumer Guarantees Act 1993:

• Our liability is limited to the purchase price of the relevant goods or services
• We are not liable for indirect, incidental, special, or consequential damages
• We are not liable for loss of profits, revenue, data, or business opportunities

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under New Zealand law.

14. Indemnification

You agree to indemnify and hold harmless Gharvynnphikkhar, its directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of third parties

15. Privacy

Your use of our website is also governed by our Privacy Policy, which complies with the Privacy Act 2020. By using our website, you consent to the collection and use of your information as described in our Privacy Policy.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or your use of our website shall be subject to the exclusive jurisdiction of the courts of New Zealand.

17. Dispute Resolution

If a dispute arises:

• Contact us first to attempt to resolve the matter informally
• If unresolved, disputes may be referred to mediation
• For claims up to $30,000, you may use the Disputes Tribunal
• For larger claims, the District Court or High Court has jurisdiction

18. Severability

If any provision of these Terms is found to be invalid or unenforceable under New Zealand law, the remaining provisions shall continue in full force and effect.

19. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it at a later time.

20. Entire Agreement

These Terms, together with our Privacy Policy, Cookies Policy, and Return Policy, constitute the entire agreement between you and Gharvynnphikkhar regarding your use of our website.

21. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. We will indicate the date of the last update at the top of this page. Your continued use of our website after any modifications constitutes acceptance of the updated Terms.

22. Contact Information

For questions or concerns about these Terms of Use, please contact us:

Gharvynnphikkhar
8/10 Volkner Place
Rosedale, Auckland 0632
New Zealand
Email: legal@gharvynnphikkhar.world
Phone: +64 21 565 162