Terms & conditions

Trading terms and conditions of Jo Frances Photography
These terms and conditions regulate the business relationship between you and us.  By using Our Website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.

We are:

Jo Frances Photography

Our address is:

Level One/233 Jackson St, Petone, Lower Hutt 5012

You are:

a visitor to Our Website / our customer

The terms and conditions:

Definitions

In this agreement:

“Carrier” means any person or business contracted by us to carry Goods from us to you.

“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Content” means any content in any form published on Our Website by us or any third party with our consent.

“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website” means the entire computing hardware and software installation that is or supports our website.

“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly;

Interpretation

In this agreement unless the context otherwise requires:

A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;

In this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.

The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;

A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.  

Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

We do not guarantee that Goods advertised on our website are available.

We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.

If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

Price and Payment

It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.

Prices include New Zealand goods and services tax (“GST”).

Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollars will be borne by you.

Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.

If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

Security of your credit card

We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

Your account with us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.  We need this information to provide you with the Goods.

If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

Intellectual Property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in:  text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Miscellaneous matters

No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.

So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

When we communicate with you we do so by email.  You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made.  Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.

It shall be deemed to have been delivered:

If delivered by hand: on the day of delivery;

If sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

This agreement does not give any right to any third party .

Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.

In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.