Terms of Trade
Credit Card Account means your Visa or MasterCard account as notified to us in your order form;
GST means goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999 and NZ GST ACT 1985.
Intellectual Property includes (without limitation) any right to, and any interest in, any patent, design, trade mark, trade name and all goodwill rights associated with such works, copyright, trade secrets and any other proprietary right or form of intellectual property (protectable by registration or not) in respect of any know-how, technology, concept, idea, specification, formula, drawing, photograph, image, document, programme, design, system, process, logo, mark, style or other thing of similar nature, conceived, used, developed or produced by any person;
Person includes a corporation, association, firm, company, partnership or individual;
Product means the products on this website which you may order from us;
Site means the Nocturne Goods website;
Terms means these terms of sale;
We, our, us means Nocturne Goods (NZBN 9429047153011), its agents, representatives, successors and assigns; and
You, your means the person placing the order for Products on this website pursuant to these Terms, including that person’s successors and assigns.
Only order Products in accordance with the instructions on this website; and
pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge your Credit Card Account.
You warrant that you are authorised to use your Credit Card Account by the relevant credit card company.
While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the Site without notice.
We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
For transactions shipped within New Zealand, Australia, and Canada, your credit card will be charged by “NOCTURNENZ”.
3. Price and Payment
All prices displayed on nocturne.co.nz are represented in NZD. Where applicable local taxes are shown and included in the price.
Where you require the Products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the costs set out above.
All prices are correct at time of publication; however, we reserve the right to alter prices for any reason at any time.
Products displayed on nocturne.co.nz will be purchased using a secure online Visa or MasterCard transaction facility, such as PayPal.
4. International Orders
Nocturne Goods does not currently ship online orders outside of New Zealand, Australia, and Canada, however if in future we offer this service, the below terms apply.
You are liable for the payment of any local country import duty, customs or sales taxes levied on the Products purchased.
All international orders will be converted into your local currency at the rate applied by your credit card company.
No GST will be charged on sales of goods dispatched outside of New Zealand.
Credit card transactions are processed in New Zealand. Some banks may charge an overseas transaction fee and or/foreign currency exchange fee for purchase made outside of New Zealand.
5. Promotions and Offers on the Site
All promotions and offers are exclusive to nocturne.co.nz unless otherwise stated. Any promotion or offer may not be used in conjunction with another unless otherwise stated. Promotions and offers are subject to availability and Nocturne Goods reserves the right to revoke promotions and offers at any time and for any reason without notice.
Nocturne Goods reserves the right to run promotions and offers for set periods of time and in specific geographies and not others if it so chooses.
Free gifts cannot be exchanged for cash, resold by the purchaser, or returned for a refund or replacement unless the product is faulty.
Any decision made by Nocturne Goods regarding promotions and offers on the site is full and final.
We will deliver the Products to the premises nominated in your order at your cost (at the rate specified herein), unless provided as a promotion, within a reasonable time of accepting your order. If we have specified a delivery date, we will try and deliver the Products to you by that date. Time will not be of the essence and we will not be liable to you for late delivery. Late delivery does not entitle you to cancel any order or part of any order.
We may deliver the Products to you by instalments and each delivery will be a separate contract independent from the other deliveries.
We will re-deliver, replace or refund the Product (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.
7. Title and Risk
We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.
8. Limitation of our Liability
To the extent permitted by law, all express or implied conditions and warranties in connection with the Site, the Service and the sale of any Products are excluded.
We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances, to the extent permitted by law, we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option to:
the replacement of the Products; or
the supply of equivalent Products; or
making a full refund to you.
Where you resupply the Products in trade:
to a person, you must include a term in your contract with that person that, to the extent permitted by law, all express or implied conditions and warranties in connection with the sale of any Products are excluded; and
you must not make any representation in relation to the performance, quality or application of the Products without our prior written approval.
9. Our Obligations to You
The material and information contained on the Site is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an order. Nothing on the Site is to be construed as a recommendation to use any Product.
You agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, the supply or non-supply of the Products, for any breach of our obligations under these Terms, or for any other reason which relates to these Terms or the Products.
If, despite the other provisions of these Terms, we are found to be liable to you then, without limiting your obligation to indemnify us in accordance with these Terms, our liability for any single event or series of related events is limited to the amount you paid for the Product which gave rise to your claim.
You confirm that these Terms are reasonable having regard to the price payable for the Products and their nature.
10. Return of Products
Subject to your rights at law, we will only accept the return of Products if:
we accept that the Products were damaged or faulty at the time of delivery to you, in which case we will (at our option) replace the Products or credit your Credit Card Account with a full refund; or
we accept that you have received a Product from us that is different to the one you ordered, in which case we will (at our option) replace the incorrect Product with the correct Product or credit your Credit Card Account with a full refund.
You must pay all costs of returning Products to us, however, we will refund those costs if we accept the return of Products under clause 10. All Products returned must be in their original condition and packaging (except for defective or faulty Products) along with any accompanying accessories and an explanation for returning the Products. Please return orders to: Nocturne Goods, 4M/22 Queen Street, Auckland, NZ 1010.
If you have any problems regarding your order, you may contact us at firstname.lastname@example.org and cite your order number.
You acknowledge that we remain the sole owner or licensee of all Intellectual Property rights in the Products, including, for the avoidance of doubt all copyright in the design, layout and formatting of the Products. You must not copy, alter, reproduce or publish any Product or any part of a Product, nor permit any person to do so, except as authorised by these Terms, or otherwise in writing by us.
You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.
You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
a breach of these Terms by you; or
the infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.
If the information is not provided your order may not be processed.
You have rights of access to, and to request correction of, your personal information. To do so contact Nocturne at email@example.com.
Vienna Convention Excluded
The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these Terms of Trade.
Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy. A waiver of any of these Terms must be specified in writing and signed by one of our authorised officers.
The exercise by us of any express right set out in these Terms (express right) is without prejudice to any other rights, powers or remedies available to us in these Terms, at law or in equity, including any rights, powers or remedies which would be available to us if the express rights were not set out in these Terms.
Where any part of these Terms is rendered void, unenforceable or otherwise ineffective by operation of law that will not affect the enforceability or effectiveness of any other part of these Terms.
You must not assign your rights, or subcontract your obligations, under these Terms without our prior written consent.
Application of these Terms
These Terms prevail over any inconsistent Terms in any other communication or agreement, even if at some later date we, or our agents, sign or otherwise purport to accept the Terms of that communication or agreement.
We may amend these Terms from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review these Terms each time you use the Service for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to these Terms will constitute your acceptance of the new terms & conditions applying to the Service.