Terms and Conditions of Sale

By purchasing products from John Shack Limited (“John Shack Ltd”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”).

1. Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.
2. Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that the Consumer Guarantees Act or equivalent consumer protection legislation does not apply.
3. Refunds: John Shack Ltd will comply with its obligations under the Consumer Guarantees Act or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.
4. Addressing: If a product is found to be mis-addressed by John Shack Ltd then John Shack Ltd shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then John Shack Ltd will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.
5. Prices, Payment and Title: John Shack Ltd’s available payment methods will be presented at the time of purchase. John Shack Ltd retains title in the products purchased until John Shack Ltd  receives payment in full.
6. Pricing errors: Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.
7. Security: John Shack Ltd uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. John Shack Ltd will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
8. Special Offers: Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise.
9. Mailing Cash: John Shack Ltd does not recommend that cash be mailed for payment of products. If the Customer does mail cash, John Shack Ltd accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.
10. Cancelling Orders: John Shack Ltd reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where John Shack Ltd believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).
11. GST: For New Zealand delivery addresses, all prices are New Zealand GST inclusive unless otherwise stated. If your order ships to a delivery address outside New Zealand, no New Zealand GST will be charged.
12. Customs & Duties: For any orders shipped outside of New Zealand the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of John Shack Ltd’s control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.
13. Site Access: John Shack Ltd  hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of John Shack Ltd, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
14. Copyright & Trademarks: You agree that the content you access, view or download on this site and the software used to create it, remains the property of John Shack Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
15. Stock Availability: All items sold via the John Shack Ltd website are subject to availability and John Shack Ltd reserves the right not to accept or cancel any order for products that are out of stock.
16. Delivery Estimates: John Shack Ltd makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold John Shack Ltd liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.  Delivery estimates are as follows:

NZ – 3-5 working days

Australia – 5-9 working days

Rest of world – 5- 14 working days

17. Communications: By purchasing from John Shack Ltd you consent to receiving electronic communications from John Shack Ltd. These communications will include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party. For more information please see our Privacy Policy

Disclaimer
John Shack Ltd would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.

The information on this website is provided “as is” and for general information only. John Shack Ltd has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and fishpond does not guarantee that the website will always operate or be error free.

Accordingly, to the maximum extent permitted by law, John Shack Ltd does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.