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TERMS AND CONDITIONS |
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Boo! Welcome to Thornapple Bootique! |
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| 1.1 |
Acceptance of terms and conditions: The terms and conditions
are the terms on which Thornapple Bootique ltd. offers you access to the
services and the web site. By registering as a member of Thornapple
Bootique you accept these terms and conditions. If you do not accept
these terms and conditions, you must refrain from using the services.
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| 1.2 |
Amendment of terms and conditions: These terms and conditions
may be amended in whole or in part by Thornapple Bootique Ltd at any
time. Amendments will be effective immediately upon posting of the
amended terms and conditions on this web site. You are responsible for
ensuring you are familiar with the latest terms and conditions. Your
continued use of the services represents your agreement to be bound by
the terms and conditions as amended.
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| 1.3 |
Terminology: In these terms and conditions, the following
expressions have the meanings set out: 'item', 'items' means goods that
may be bought through the check out process; 'member' means a registered
member of Thornapple Bootique; 'services' means any one or more offered
by Thornapple Bootique Ltd from time to time, including products, online
sales, reviews, message boards and any other service that Thornapple
Bootique Ltd may offer; 'we', 'us' and 'our' are a reference to
Thornapple Bootique; 'you' and 'your' are a reference to you; 'web site'
means any web page with in www.thornapple.co.nz & www.darkasylum.org web
site through which the services are offered.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY |
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| 2.1 |
Disclaimer: You expressly understand and agree that:
This site is provided by Thornapple Bootique Ltd on an "as is" and "as
available" basis. Thornapple Bootique makes no representations or
warranties of any kind, express or implied, as to the operation of this
site or the information, content, materials, or products included on
this site. You expressly agree that your use of this site is at your
sole risk.
To the full extent permissible by applicable law, Thornapple Bootique
Ltd disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular and non-infringement.
Thornapple Bootique does not warrant that i) the services provided will
be uninterrupted, timely, secure, or error free, or ii) that any
information (including reviews) provided on the web site is error-free
or reliable, or iii) that this site, its servers, or e-mail sent from
thornapple.co.nz and or Thornapple are free of viruses or other harmful
components.
No advice or information that is obtained by you from Thornapple
Bootique or anyone else shall create any warranty by Thornapple Bootique
that is not expressly stated in the terms and conditions.
That item's when ordered may be out of stock at that time. Any item we
do not have in stock will be ordered in for you with our next order to
the manufacturer.
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| 2.2 |
Liability: You agree that, to the maximum extent permitted by law,
that Thornapple Bootique Ltd will not be liable without limitation for
any damages of any kind arising from the use of this site, including,
but not limited to direct, indirect, incidental, punitive, and
consequential damages.
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| 2.3 |
Indemnity: You agree to release, indemnify and keep indemnified us
from and against all actions, claims, costs (including legal costs and
expenses) losses, proceedings, damages, liabilities, or demands suffered
or incurred by us to any person arising out of or in connection with
your failure to comply with these terms and conditions, your failure to
complete a transaction.
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| 2.4 |
Breach: Without limiting any other rights and remedies available to
Thornapple Bootique, issue a warning to you, suspend or terminate your
membership, or refuse to provide our services to you if you breach these
terms and conditions or where Thornapple Bootique considers it
appropriate.
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MEMBERSHIP |
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| 3.1 |
Becoming a Member: Becoming a member is free. You may only register
as a member if you can form a legally binding contract that is
enforceable against you. For example, you must be 18 years old. By
registering as a member, you warrant that you can form a legally binding
contract.
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| 3.2 |
Accurate Information: You warrant that you have provided complete,
accurate and current personal information when registering as a member.
You must maintain and update your personal information held by
Thornapple Bootique to ensure it is kept current at all times. You must
not register as a member under multiple identities or personas (whether
false or not). Thornapple Bootique may phone or mail you to verify these
details.
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| 3.3 |
Termination of membership: Thornapple Bootique reserves the right to
decline to register or to terminate your membership without entering
into further discussions with you. Without limiting the foregoing,
Thornapple Bootique may terminate your membership if a serious complaint
or multiple complaints are received about you, you breach these terms
and conditions, you impersonate another member, or we, at our sole
discretion, deem your behaviour to be unacceptable. Members who have
registered under multiple aliases will have all of their aliases
disabled and may have there ip address blocked.
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| 3.4 |
Security of your login information: If you use this site, you are
responsible for maintaining the confidentiality of your account and
password and you agree to accept responsibility for all activities that
occur under your account or password. You agree not to permit any other
person to use your user name or membership; and not to disclose, or
provide to any other person, your password, email address, or any
information that may allow them to gain access to your membership.
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GENERAL RULES |
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| 4.1 |
General
You must not attempt to damage, interfere or harm the web site or
services, or any network, or system underlying or connected to them,
including by using a robot, spider, scraper or other automated means to
access the web site or information feature on it for any purpose.
You must not use the services or the web site to promote items for sale
outside the services.
Thornapple Bootique memberships are not transferable and therefore can
not be sold or traded.
Communications, submissions, suggestions, ideas, comments, questions, or
other information, are welcome so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "Spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin
of a credit card or other content
All items purchased from Thornapple.co.nz are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to you upon our delivery to the carrier. If a claim must be
lodged with a courier company then no action will be taken until the
claim process has been settled.
Thornapple Bootique Ltd reserves the right to cancel any order with out
prior warning if they feel any possible breach of the terms has occurred
or are no longer able to fulfil the order.
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| 4.2 |
Your obligations as a buyer
Your orders are not retractable once confirm the check out process. You
must only confirm an order if you intend to buy the relevant item at the
price entered.
If you are notified that your order has been placed, you must complete
the transaction in the manner specified. By making an order, you warrant
and represent that you have the legal right to enter into and complete
the transaction.
You must make full and prompt payment for an item bought by you.
You agree to your username and the amount of your order being shown on
the Thornapple Bootique website.
If you confirm an order and you do not pay for the item, you will
receive a warning from Thornapple. After two such warnings, Thornapple
Bootique may suspend or terminate your membership.
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PRODUCT DESCRIPTIONS, RETURNS & AVAILABILITY |
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| 5.1 |
Descriptions: Thornapple.co.nz and its affiliates attempt to be as
accurate as possible but do not warrant that product descriptions or
other content of this site is completely accurate, reliable, current, or
error-free.
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| 5.2 |
Returns: If a product offered by Thornapple.co.nz itself is
not as described, your sole remedy is to return it in unused, unopened
condition.
For Shoes / Boots
I. NO REFUNDS. Exchange or Store Credit ONLY. If your shoes / boots do
not fit -or- you do not like them, you may exchange them for a different
size or other merchandise. They must be returned in new condition, this
includes packaging i.e. No marks, creases, scratches, rips ect. Worn
shoes will be returned to you. *Please Note: We do not refund the cost
of Shipping & Handling or credit card processing fees. You are
responsible for the cost of returning the shoes / boots to us, in
addition to the cost to have the new pair (or other merchandise) shipped
to you. All exchanges must be authorized in advance. Follow the steps
below, under "All Other Items" to request a Return Authorization Number.
All Other Items (unless otherwise noted)
II. If you wish to Return/Exchange an item, you must notify us by e-mail
(admin@thornapple.co.nz) within 2-3 days of receiving your order.
Failure to notify us within the 2-3 days period will result in refusal
of your return. Once you notify us, you will be issued a Return
Authorization # which must be written on the outside of the package you
send back to us. Your package Must be postmarked no later than 5 days
after the date you receive your Return Authorization #. Any packages
received without the appropriate Return Authorization # written on the
outside, or postmarked after 5 days, will be Returned to Sender. We do
not refund the cost of Shipping & Handling or credit card processing
fees. Items returned MUST be in NEW, UNWORN Condition with tags still
attached and in original packaging. We will NOT accept returns of items
with obvious signs of use. This includes the scent of perfume or
cigarette smoke. WE ARE VERY FIRM ABOUT THIS. If you return items in
used condition, you will be responsible for the cost to have them
shipped back to you. ** All sales of Hosiery (whether opened or not),
Halloween Costumes, Wigs, Intimate wear, Contact Lenses, Prosthetics,
Teeth, Corset's and Cosmetics are final. Along with anything deemed to
have a Health & Safety risk.** There will be a 20% Restocking Fee on all
Refunds & all fee's associated with a refund will be deducted from the
transaction..
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| 5.3 |
Availability: We do carry a large selection of the products
here a Thornapple Bootique, but we do not have every product on
premises, certain items may need to be ordered in for you. Items move in
and out of stock constantly so please if you have any concerns or need
an item by a certain date, do contact us to see if we have it in stock.
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PRICING & PAYMENT |
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| 6.1 |
Pricing and Payment.
Thornapple Bootique reserves the right to change the pricing charged for
any of our services at any time. In the event that we introduce a new
service or product, the pricing for that service/product are effective
at the launch of the service, unless otherwise stated.
All prices are New Zealand dollars.
Thornapple Bootique reserves the right to investigate regarding the
refunds and membership with Internet Service Providers, and any other
relevant party.
You must pay the Full balance owing immediately upon demand by
Thornapple Bootique.
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GENERAL PROVISIONS |
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| 7.1 |
System Integrity: Thornapple Bootique will use its reasonable
endeavours to ensure the availability of the web site and services,
subject to any downtime required for maintenance. However, Thornapple
Bootique takes no responsibility for any system unavailability, or for
any loss that is incurred as a result of web site or services being
unavailable. Further, Thornapple Bootique assumes no responsibility for
the corruption of any data or information held by Thornapple Bootique.
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| 7.2 |
Resolution of disputes: Any dispute relating in any way to
your visit to thornapple.co.nz or to products you purchase through
thornapple.co.nz shall be submitted to confidential arbitration in
Oamaru, NZ. Except that, to the extent you have in any manner violated
or threatened to violate thornapple.co.nz intellectual property rights,
thornapple.co.nz and or Thornapple Bootique and may seek injunctive or
other appropriate relief in any court at Oamaru, New Zealand, and you
consent to exclusive jurisdiction and venue in such court. Arbitration
under this agreement shall be conducted under the rules then prevailing
in the Disputes Tribunal. The arbitrator’s award shall be binding and
may be entered as a judgment in Oamaru Court, New Zealand. To the
fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings
or otherwise.
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| 7.3 |
Governing Law: By visiting thornapple.co.nz, you agree that
the laws of New Zealand, without regard to principles of conflict of
laws, will govern these Conditions of Use and any dispute of any sort
that might arise between you and thornapple.co.nz, Thornapple Bootique
or its affiliates.
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| 7.4 |
Intellectual Property Rights: All content and images on
thornapple.co.nz are copyrighted. Unauthorized use of images and/or
content is strictly prohibited without prior written consent. Thornapple
Bootique prides itself on using professional photographers and graphic
artists for all our layouts. Any stock photography is additionally
copyrighted by the manufacture. We aggressively go after companies and
persons that steal our images for their own use.
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| 7.5 |
Entire agreement: These terms and conditions supersede all
previous conditions, understandings, commitments, agreements and
representations whatsoever whether oral or written, and constitutes the
entire agreement, between the parties, relating to the subject matter of
these terms and conditions.
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| 7.6 |
Privacy: Thornapple Bootique collects personal information
about you through your use of the services and the web site, including:
your registration details; and information relating to your use of the
web site and the content you access. You agree that Thornapple Bootique
may use this personal information to assist us to provide the services
to you, for internal research purposes, to verify your identity, for
promoting and marketing other Thornapple Bootique products and services
to you, and for any other use that you authorise.
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We will not sell or allow third parties to access your personal
information without your consent, however you agree that Thornapple
Bootique may disclose your personal information, including your name and
contact details, to the relevant authorities, parties and/or the
applicable intellectual property right holders (or their
representatives) if we consider that you are in breach of this clause at
any time.
Please review our
privacy
policy.
SITE ADDRESS
www.thornapple.co.nz |
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Not all Items are
always in stock.
Please check Item
Availability
before ordering.
