Terms and Conditions
UPDATED 26 FEBRUARY 2021
If you have any questions on these Terms and Conditions, please contact me.
Your use of this Website is governed by these Terms and Conditions. By accessing, browsing or purchasing from this Website you agree to be bound by these Terms and Conditions.
These Terms and Conditions may be amended from time to time, so you should check and read these Terms and Conditions regularly. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended Terms and Conditions.
2 Website Ownership and Intellectual Property
This Website (http://danielmurray.nz/) is owned by Daniel Murray Photography (DMP).
All intellectual property on this Website, including without limit, the text, photographs, images, graphics and copyright works is owned by DMP.
3 Your use of Website
This Website and all information contained therein may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of any works without the prior written consent of DMP, except that you are granted non-exclusive, non-transferable, limited permission to access and display the Website solely on your computer or mobile device and for your personal, non-commercial perusal. This permission is conditional upon you refraining from modifying the content displayed on this Website.
Except for the limited permission in the preceding paragraph, DMP does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights in respect of any material contained on this Website. You may not copy any of the content from this site on another website or in any other media.
4 Information disclaimer
DMP does not guarantee the information on this Website is correct, current, or complete, and this Website may contain technical inaccuracies or typographical errors. DMP assumes no responsibility for updating this Website to keep information current or to ensure the accuracy or completeness of any information contained on this Website. Therefore, you should confirm the accuracy of all information contained on this Website before making any decision related to any services or other matters described in this Website.
5 Limitation of liability
To the extent permitted by law:
• All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Website or the content on or accessed through it; and
• DMP will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website or the content on or accessed through it.
If any provision of these Terms and Conditions are held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
8 Jurisdiction and Governing Law
This Website and content have been prepared in accordance with the requirements of New Zealand law. These Terms and Conditions and any matters or disputes connected with this Website will be governed by New Zealand law and will be dealt with by New Zealand courts.
9.1 Prices and Descriptions of Products
All prices for the products on this Website are stated and are payable in New Zealand dollars ($NZD).
Where a product is shipped overseas, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to the Buyer’s order. The Buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to Buyer’s order.
Modifications and improvements to DMP’s products, prices and data are constantly being made. Although DMP has endeavoured to ensure that the product and pricing information provided on its Website is accurate, complete, and current, DMP does not provide any representations or warranties as to its accuracy, completeness or currency of information, and DMP shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this Website. DMP also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on DMP. If the products do not match the description on DMP’s Website, the Buyer should inform DMP immediately so that DMP may take the appropriate action.
9.2 Images Indicative Only
Product images used on this Website are to provide examples and indicative only. DMP will make every effort to ensure colour accuracy and overall appearance in products, however, the final product may differ in appearance. Please remember that your computer screen may change the colour, brightness, and overall look of the product.
10 Product Orders / Purchases
The Buyer refers to any person or legal entity purchasing from DMP. The bellow Terms and Conditions shall prevail over any terms contained in any order or offer made by the Buyer or any document used by the Buyer (which shall have no effect).
10.2 Consumer Guarantees Act 1993
In the event the transaction the subject of these Terms and Conditions is subject to the Consumer Guarantees Act 1993 (the Act) then: If the Buyer is acquiring products from DMP for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the Buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the Buyer’s rights under the Act, to the intent that no provisions shall any way limit the Buyer’s rights under the Act.
This Website, the information on it, and any information in emails constitute an invitation to treat and not an offer to supply products. When the Buyer orders products from DMP, this constitutes an offer from the Buyer, to buy those products, in accordance with these Terms and Conditions. DMP’s acceptance of the Buyer’s order occurs (and the contract is formed) when the goods are dispatched to the Buyer.
The Buyer may order products from DMP by completing and submitting the checkout process on this Website. The Buyer must provide all required information (including name, email address, and payment details) or DMP may not be able to process the Buyer’s order.
10.4 Discretion to Reject Orders
No order shall be deemed accepted by DMP until DMP has sent the Buyer’s order. DMP reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the Buyer. If DMP rejects the Buyer’s order (or part of the order), any money paid by the Buyer in relation to the rejected part of that order shall be refunded and DMP shall have no further liability to the Buyer in relation to the rejected part of that order.
If the Buyer provides an invalid address or an address that cannot be delivered to, DMP reserves the right to deduct any fees incurred by providing a refund.
10.5 Right to Cancel Orders
DMP reserves the right to cancel an order if payment is not made within 3 business days of the order being placed.
DMP does not accept liability in relation to unpaid orders and/or sold out stock.
Where products are listed on this Website with an incorrect price or with incorrect information, DMP reserves the right to cancel the Buyer’s order (regardless of whether the Buyer has made payment for that order). Where the Buyer has already made payment for an order that is subsequently cancelled by DMP, then DMP will refund the amount paid by the Buyer in relation to that order. DMP may cancel the Buyer’s order any time prior to our order confirmation. Any variation, waiver or cancellation of the Buyer’s order shall have no effect unless accepted in writing by DMP. Where DMP accepts cancellation then DMP may levy a handling charge of up to 20% of the price.
All orders are subject to the availability of products. If for any reason a product is not available, DMP will endeavour to notify the non-availability on this Website. DMP may revise the range of products or the specification of any product at any time and without notice to the Buyer.
Once DMP has confirmed acceptance of the Buyer’s order, DMP will endeavour to dispatch the Buyer’s order within 10 business days unless a different time frame is specified in relation to a particular product. If DMP is unable to dispatch the Buyer’s order within the time frame specified DMP will endeavour to contact the Buyer and advise the Buyer of the expected dispatch date.
Any quotations of delivery times by DMP are made in good faith but are estimates and DMP shall not be bound by such quotation and DMP will not be liable for any loss, expense, or other damage caused by any delay in delivery.
The Buyer may specify delivery instructions for an order (for example, the Buyer may authorise the delivery agent to leave the products in a specified location if the Buyer will not be at the delivery address). DMP will not be responsible for any order that is delivered in accordance with the Buyers delivery instructions. The Buyer may request that their parcel be left without a signature or may choose to sign for the parcel without checking for damage. If the Buyer chooses to do this, they are waiving any liability of DMP or the courier and the Buyer takes full responsibility for the condition in which the parcel is received.
10.8 Damages or Loss in Transit
Goods leaving DMP’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier.
10.9 Liability and Maintenance Guarantee
To the maximum extent permitted by law, DMP disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the Buyer by DMP including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose. To the maximum extent permitted by law, DMP’s liability to the Buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the Buyer by DMP shall be limited to the price paid by the Buyer for that product.
To the maximum extent permitted by law, DMP will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the Buyer’s access to, use of, or reliance upon, any product or any information supplied to the Buyer by DMP. DMP’s liability under this contract and the warranty in this clause is confined to the Buyer named in this contract, it being agreed that DMP has no liability to any purchaser of the goods from the Buyer, in that the Buyer’s rights under the contract are not assignable without the prior written consent of DMP.
10.10 Errors or Omissions
DMP is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to DMP’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the Buyer. DMP will notify the Buyer promptly of any error or omission discovered by DMP, and give the Buyer the option of returning the goods for a full refund.
Ownership of all products sold by DMP is retained by DMP until the Buyer has paid the full price for the products and the applicable delivery charges. This provision is designed to protect DMP in the event of the bankruptcy, receivership or liquidation of the Buyer, a seizure of goods by a creditor of the Buyer or default in payment.
Until full payment is made the Buyer agrees to: (a) Enable the goods to be readily identifiable as the property of DMP, (b) Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by DMP, (c) On a sale or other realisation of the goods the Buyer shall identify and separately account for the proceeds of sale.
Once the Buyer’s order has been delivered to the Buyer (or has otherwise been delivered in accordance with the Buyer’s delivery instructions), the Buyer assumes full responsibility for and risk in the products.
10.13 Force Majeure
DMP shall not be liable to the Buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside DMP’s reasonable control.
The Buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from DMP.
11 Returns and Refunds Policy
Should the Buyer want a refund they have 14 calendar days to return an item from the date they received it. The Buyer is responsible for paying their own shipping costs for returning your item. To be eligible for a return, the item must be unused and in the same condition that it was received. Once DMP receives the item, it will be inspected and the Buyer will be notified that DMP has received the returned item. DMP will immediately notify the Buyer on the status of your refund after inspecting the item. If the return is approved, DMP will initiate a refund to the Buyer.