TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
Updated On: May 31st, 2022
In the absence of a specific contract for your Design or Print project, this contract will apply.
Brand Banc will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our clients. It is, however, important to agree to certain contractual aspects in order to protect both parties. By undertaking a design project with Brand Banc, you are agreeing to the following terms and conditions.
1. RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
2. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is a request to purchase, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. DELIVERY OF ANY FILES TO YOU CONSTITUTES ACCEPTANCE, AND THEREFORE, THE CREATION OF A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND BRAND BANC.
- We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered.
- Acceptance of your order and the information of the contract of sale between
- Brand Banc and you will not take place unless and until you have received your order confirmation e-mail. All partial payments agree to these terms and agree that no products will be sent until after full payment is made.
- If you are purchasing the brand name as shown on our website Brand Banc is not responsible for brand name research i.e if the name is already registered by another business.
All prices shown are exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders.
4. PRICING & PAYMENT TERMS
(a) All prices listed on this site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Paypal and bank transfer payments for all purchases.
We offer NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE including but not limited to ALL website templates, social media and stationery templates,
If Brand Banc does determine, in its sole discretion, that a “return” may be appropriate for any intangible products from brandbanc.co.nz, including website templates, social media etc, you expressly recognise and agree that you’re asking for a refund on a product that you already have and cannot physically return. Therefore, you also EXPRESSLY AGREE and understand that if Brand Banc feels generous enough to allow you a “return”, they may charge a TWENTY (20%) FEE (the “Penalty Fee”) in addition to the price of each item that they can prove you have either opened, downloaded, unzipped or viewed.
If you do wish to return a previously purchased intangible item and wish to incur the Penalty Fee, you must contact Brand Banc, within five (5) calendar days, and the Parties will enter into a separate Agreement.
YOU MAY NOT CANCEL OR VOID THESE PAYMENTS. You agree that you DO NOT OWN the single-use product license or RECEIVE the product until paid in full. In the event that any payment is not made, there will be a 3 day grace period between the payment due date and a $50 fee being assessed and charged. If payments are delinquent beyond 35 days, the balance will be immediately submitted for collections and WILL BE REQUIRED to remove any digital assets that you do not legally own.
Brand Banc stands by its products and strives to provide 100% working sites and code to you. If an “error” is found within a design, after completion and final payment is made, it is up to you to inform Brand Banc within 30 days of project sign-off and it will be fixed at no additional cost. Should an “error” be found after 30 days from project sign-off, any support provided by Brand Banc will be charged at normal support rates.
Brand Banc will not accept liability for any loss or damage however caused which may be suffered or incurred or which may arise directly or indirectly with a provided service.
6. APPLICABLE LAW
The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.
Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
- By entering a competition or promotion each entrant will be deemed to have accepted these terms and conditions and to have agreed to be bound by them.
- Failure to supply all requested details at the time of submitting an entry might result in the entry being invalid.
- No responsibility will be taken for incomplete entries.
- Entry details are specified on the Brand Banc Facebook & Instagram posts.
- By entering the competition winners agree to their names being published by Brand Banc or the promoter and that the promoter may use their names for publicity purposes.
- The prize is not transferable or exchangeable, and cannot be redeemed for cash.
- The prize is subject to standard terms and conditions of the company supplying the prize.
- Brand Banc is not liable for damage to the prize sent by post or courier.
- Full details of the prize will be given in writing upon request.
- Only entries received by the closing date specified in the advertisement will be accepted.
- Winners will be drawn on the account where the competition is housed i.e. the Brand Banc Facebook page, or on the original post where indicated.
- Winners will be notified via email or Facebook private message.
- If the prize winner cannot be contacted within 3 days, at Brand Banc option that winner will forfeit the prize with no right of compensation and the prize will be redrawn.
- Subject to any applicable law which cannot be excluded, Brand Banc and their employees are not responsible for any loss or damage whatsoever that is suffered (including but not limited to indirect or consequential loss) or for personal injury suffered or sustained during the course of accepting or using the prizes.
- Entry is open to New Zealand residents only. Employees and their immediate families of Brand Banc or the promoter are not eligible to enter these promotions.
- The decision of judges in relation to any aspect of the competition is final and no correspondence will be entered into.
- All entries become the property of Brand Banc and may be used for promotional and marketing purposes, or passed onto a third party involved in the promotion for their marketing purposes.
- Under the Privacy Act 1993, all individuals have the right to access and correct their personal information by contacting Brand Banc in writing.
- This competition is in no way endorsed by Facebook or Instagram.