Terms and Conditions


1. APPLICATION OF TERMS
1. These Terms apply to your use of this Website. By accessing and using this Website:
a. you agree to these Terms; and
b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
2. If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

2. CHANGES 
2.1.We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3. These Terms were last updated on 19 October 2016.

3. DEFINITIONS
In these Terms: including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal information means information about an identifiable, living person
Privacy Policy means our privacy policy set out at www.happylocal.com, as may be updated from time to time
Terms means these terms and conditions titled Website Terms of Use 1 Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means O Yeah Nah Limited
Website means www.oyeahnah.co.nz and www.oyeahnah.com
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4. YOUR OBLIGATIONS
4.1. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2. If you are given a User ID, you must keep your User ID secure and: a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and b. immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to hello@oyeahnah.co.nz
4.3. You must:
a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to hello@oyeahnah.co.nz
4.5. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID. 2 5.

5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. MODIFICATION STO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

8. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

9. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12. DISCLAIMERS
12.1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a. the Website being unavailable (in whole or in part) or performing slowly;
b. any error in, or omission from, any information made available through the Website;
c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d. any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products, services or operators.
12.2. We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

13. INTELLECTUAL PROPERTY We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

14. LIABILITY
14.1. To the maximum extent permitted by law:

a. you access and use the Website at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
14.2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100. 3
14.3. To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.

15. PRIVACY POLICY
15.1. In accessing, collecting, holding, processing or distributing any personal information, we will comply with the Privacy Policy and the New Zealand Privacy Act 1993.
15.2. You authorise us to access, collect, hold, process and distribute personal information about you as set out in the Privacy Policy.

16. SUSPENSION AND TERMINATION
1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
2. On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

17. GENERAL
17.1. If we need to contact you, we may do so by social media, email or by posting a general notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
17.2. These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
17.3. For us to waive a right under these Terms, the waiver must be in writing.
17.4. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
17.5. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
17.6. These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

RETURNS POLICY
1. Unfortunately O Yeah Nah does not exchange item(s) due to change of mind. Please choose your item(s) carefully.
1.1 In the unlikelihood that an item(s) is sent incorrectly, we do offer an exchange or refund. If you’d like to discuss an incorrect or faulty item(s), please email our online team at hello@oyeahnah.co.nz within 3 working days of receiving your order and up to two weeks maximum. We may ask you to send us a photo of the fault if visible. For faulty item(s), the fault will be assessed by the Yeah Nah Team and then either repaired, replaced or refunded.
1.2 Buyer must read care instructions provided on the website and for each product. Prints are made from PLA, an environmentally friendly plastic. DO NOT use real candles. LEDs or string lights are a great alternative, we take no responsibility for any damage if products are exposed to heat. In order to get a longer life out of your product, keep indoors and moisture-free. We do not take responsibility if your item is damaged from moisture, being outdoors or exposed to full sunlight, and no refund will be granted in this circumstance.
1.4 In the unlikely occurrence that the delivered item(s) is faulty or incorrect, and contact has been made within three days of receiving the item, we will refund you the costs of returning the item(s) to Yeah Nah and cover all shipping costs for the replacement or repaired item(s). If we ask you to return an item(s), please repackage your item(s) as securely as possible. You are responsible for the item(s) until it reaches us. O Yeah Nah does not accept responsibility for packages we do not ship ourselves. We recommend the buyer return the goods by track or trace post as O Yeah Nah does not accept responsibility for any items lost in transit. We will contact you once we have received the item(s).
1.5 O Yeah Nah reserves the right to refuse a refund if the goods are deemed, not faulty, or are returned later than 14 days after the buyer has received it.

 

PRIVACY POLICY

1. INTRODUCTION
1.1 Our company O Yeah Nah Limited, trading as Yeah Nah, a company duly registered and incorporated in accordance with the laws of New Zealand complies with the New Zealand Privacy Act 1993 (the Act) when dealing with personal information. Personal information is information about an identifiable individual (a natural person).
1.2 This policy sets out how we will collect, use, disclose and protect your personal information.
1.3 This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.
1.4 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.

2. CHANGES TO THE POLICY
2.1 We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.
1. WHO DO WE COLLECTION YOUR PERSONAL INFORMATION FROM
1.1 We collect personal information about you from:
a. you, when you provide that personal information to us, including via the website and any related service, through any registration or subscription process, through any contact with us (e.g. telephone call, email, or social media), or when you complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
b. third parties where you have authorised this or the information is publicly available.
c. you when you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
1.2 We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

3. HOW WE USE YOUR PERSONAL INFORMATION
3.1 We will use your personal information:
a. to verify your identity
b. to provide services and products to you
c. to market our services and products to you, including contacting you electronically (e.g. by phone or email for this purpose)
d. to improve the services and products that we provide to you
e. to bill you and to collect money that you owe us, including authorising and processing credit card transactions
f. to respond to communications from you, including a complaint
g. to conduct research and statistical analysis (on an anonymised basis)
h. to protect and/or enforce our legal rights and interests, including defending any claim
i. for any other purpose authorised by you or the Act.
j. for email marketing. With your permission, we may send you emails about our store, new products and other updates.

4. DISCLOSING YOUR PERSONAL INFORMATION
4.1 We may disclose your personal information to:
a. any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products
b. other third parties (for anonymised statistical information)
c. any other person authorised by the Act or another law (e.g. a law enforcement agency)
d. any other person authorised by you.
e. A business that supports our services and products may be located outside New Zealand (e.g., web hosting). This may mean your personal information is held and processed outside New Zealand.
f. in relation to the proposed purchase or acquisition of our business or assets; or
g. If you violate our website terms of use.
4.2 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

5. PROTECTING YOUR PERSONAL INFORMATION
5.1 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

6. WOOCOMMERCE
6.1 Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through WooCommerce’s data storage, databases and the general WooCommerce application. They store your data on a secure server behind a firewall.
6.2 Our direct payment gateway is Eway, and If you choose to complete your purchase using Eway, then WooCommerce stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. Yeah Nah does not store any credit card information.
6.3 All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
6.4 PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
6.5 For more insight, you may also want to read WooCommerce’s Terms of Conditions or EWay’s Privacy Policy

7. AGE OF CONSENT
7.1 By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

8. ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
8.1 Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.
8.2 In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.
8.3 If you want to exercise either of the above rights, email us at hello@oyeahnah.co.nz.
Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).
8.4 We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.

9. WITHDRAWING CONSENT
9.1 If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, by contacting Roy & Rochelle at hello@oyeahnah.co.nz or mailing us on 1/3 Oates Road, Glen Eden, Auckland, or calling Roy on 021911969, within 9am-5pm, Monday-Friday.

10. INTERNET USE
10.1 While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
10.2 If you post your personal information on the website’s blog you acknowledge and agree that the information you post is publicly available.
10.3 If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.
10.4 We use cookies (an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) to monitor your use of the website. You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of the website.