Terms and conditions of sale
The following Terms and Conditions govern the use of Atmosfar Limited's (Atmosfär) Online Service (the Service) including shopping and participation in promotions run by Atmosfär through its web site http://www.atmosfar.co.nz (the Site) and other channels.
Using this Site to place an order indicates your acceptance of these Terms and Conditions.
We make every effort to ensure all information on this site is accurate and up to date. However, in the event any goods are listed at an incorrect price, or with incorrect information, Atmosfär shall have the right to refuse or cancel any order placed for such goods. Atmosfär shall have the right to refuse or cancel any such order whether or not any such order has been confirmed and your credit card charged. If your credit card has already been charged for such purchase and your order is cancelled, Atmosfär shall refund the amount of the charge.
All prices are in New Zealand dollars (NZ$) and include GST (at 15% New Zealand sales tax for local sales). Subject to the previous clause, all prices are correct at time of publication and the prices published on the Site at the time and date of the purchase will be the final price paid. The time and date of purchase is the time and date we confirm your order by sending goods to you. However we reserve the right to alter prices for any reason.
Risk of Loss
In the case of all items purchased from Atmosfär, the risk of loss and title for such items passes to you upon our delivery to the carrier. Atmosfär is deemed to have fulfilled its obligations to deliver the goods when they are handed to the carrier.
Atmosfär shall arrange for an agent to deliver the goods to the address stated on the order or as agreed by Atmosfär in writing. Atmosfär shall deliver the goods by such carrier and such form of transport Atmosfär considers to be appropriate or as selected by the customer during the sales process.
We currently only ship within New Zealand. For any enquiries about overseas shipping please email us at firstname.lastname@example.org.
Free shipping on orders over $150. Rates for delivery of goods worth less than $150 varies depending on size and weight of the goods. The amount will be displayed at checkout.
Please allow 1 to 14 days for delivery.
Delivery is not available to P.O Boxes.
Atmosfär shall not be in any way responsible for any losses, damages, costs or other consequences (direct or indirect) arising from delay or non-delivery.
If you are acquiring goods from us for on-sale, or otherwise for business purposes, the Consumer Guarantees Act 1993 does not apply. Nothing in these terms and conditions is intended to be inconsistent with consumers' rights under the Consumer Guarantees Act and in the event of any inconsistency the Act overrides the relevant part of these terms and conditions. In any case, where the Consumer Guarantees Act does apply, if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Atmosfär will repair or replace those goods. The Customer acknowledges that Atmosfär does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Atmosfär in writing.
If the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Atmosfär's prior approval in writing, and the Customer must give the person buying the goods such information relating to the goods as Atmosfär requires, and the Customer agrees to indemnify Atmosfär against any loss, liability or cost incurred by Atmosfär under the Consumer Guarantees Act 1993 or otherwise as a result of any breach by the Customer of these obligations.
Return of Goods
If you are unhappy with your order in any way, it may be returned or exchanged provided that it is as new and in saleable condition.
We will exchange or credit full price items that are returned to us within 7 days of being received by you. Please advise us upon receipt of your purchase if you wish to make an exchange. Please note that all extra postage costs incurred in an exchange are payable by you and return of the new item is subject to us receiving the extra postage costs incurred. Once this is received the new item will be posted immediately.
Atmosfär will replace any defective goods at no cost to the purchaser. Please contact Atmosfär at email@example.com for detailed instructions should you require assistance. Returns of defective goods will only be accepted if the goods were faulty when delivered to you. Atmosfär makes great effort to check your purchase thoroughly for any faults before sending them out to you. All items returned as faulty will be inspected on receipt and any items that appear to have been damaged or used by customer will not be accepted as faulty. We will replace a faulty item if a replacement is in stock and available. If you wish to be sent a replacement, please make your request clear when contacting firstname.lastname@example.org about the fault. Returns of faulty goods must be returned to us within 7 days of being received by you. In case we cannot offer you a replacement, you will have the choice of receiving a credit note or a refund to the value of the item at the time of purchase and any shipping costs incurred.
If you have any queries regarding shopping with Atmosfär, please email us at email@example.com.
Use of the Service by You
Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service. You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.
Ownership of Site
This Site is owned and operated by Atmosfär. All of the content included on this Site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of Atmosfär or its suppliers and protected by New Zealand and international copyright laws. You are welcome to access and use this site and to view and print one copy of any material on it for your personal, non-commercial use and without removing any of our trade marks or copyright notices. No other copying is permitted without our consent in writing.
This Service provides general information about Atmosfär and the goods and services it offers. The information contained in the Service has been prepared solely for the purpose of providing information about Atmosfär, its suppliers, subsidiaries and the goods and services they offer. Atmosfär reserves the right to change delete or move any of the material on the Service at any time without notice.
To the fullest extent permitted by law, Atmosfär and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service. This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.
Except as specifically stated in these Terms and Conditions, or elsewhere on this Site, or as otherwise required by applicable law, neither Atmosfär nor its directors, employees, licenses, content providers, or other representatives will be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, or inability to use, or the performance of this Site or the content thereof, whether or not we have been advised of the possibility of such damages.
Governing Law and Venue
This agreement shall be interpreted, construed and governed by the laws of New Zealand. Any and all disputes arising under this agreement or in any way related to this Site shall be dealt with by the Courts of New Zealand and each party agrees to not contest the jurisdiction of these courts.
No action of Atmosfär other than an expressed written waiver or amendment may be construed as a waiver or amendment of any of these Terms and Conditions. Should any clause of these Terms and Conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to make changes to our Site and these Terms and Conditions at any time and such changes will take affect from the time they are published on this site.
These conditions set out the entire agreement between Atmosfär and you relating to your use of this Site and the purchase of the goods.