Terms & Conditions

Flight of Imagination Ltd

TERMS AND CONDITIONS OF TRADE

1 ACCEPTANCE OF TERMS

1.1 These terms and conditions govern all supply of goods and services ("products") by Flight of Imagination Ltd ("Flight of Imagination - Fine Art Printing Studio", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.flightofimagination.nz ("the website"). They are effective from 31st July 2023 and will replace all earlier Flight of imagination Ltd terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

1.2 To make a purchase from our online shop you must be 18 years of age or over.

1.3 Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise). For Trade enquiries contact sales@flightofimagination.nz

1.4 If you are purchasing on behalf of another entity such as a company, you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

2 AVAILABILTY AND SUPPLY

2.1 All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

3 QUOTATIONS

3.1 Quotations are valid for 30 days from the date provided to the Customer, subject to the qualifications below.

3.2 Any Quotation may be withdrawn by Flight of Imagination at any time by notice to the Customer.

3.3 Quotations are subject to the following qualifications:

3.3.1 Pricing is subject to provision and review of detailed specifications and artwork, availability of supply, and any increases in costs of supply.

3.3.2 Pricing is based on raw material costs and exchange rates at the time of preparation of the Quotation and will vary depending on raw material costs and exchange rates.

3.3.3 Pricing for freight is based on freight costs at the time of preparation of the Quotation. If freight costs increase by 5% or more, then Flight of Imagination may increase the freight payable for the Order.

3.3.4 Where art or design is supplied by the Customer the Quotation is based on copy being completed to Flight of imaginations specification and satisfaction. Any additional work required to obtain copy will be invoiced to, and paid for by, the Customer.

3.4 Quotations will be deemed to interpret the Customer's written and verbal instructions. Customers are accordingly advised to exercise due care and attention when checking Quotations before placing an Order.

3.5 A Quotation does not give rise to a binding contract until the Customer places an Order.

4 ORDERS

4.1 The Customer must place all Orders in writing e.g. electronically accepting email quotation.

4.2 Flight of Imagination may accept or decline an Order.

4.3 The Price specified in the Order is subject to adjustment in accordance with clause 3 Quotations.

4.4 The Customer is bound to pay the Price from the time that an Order is placed.

4.5 No Order may be altered, suspended, or cancelled, except with Flight of Imagination agreement, and then only on such terms as Flight of Imagination may require, in its discretion.

5 PRICING

5.1 All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published.

5.2 We reserve the right to alter prices at any time.

5.3 An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

5.4 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any Quotation or Order.

5.5 The Price shall be increased by the amount of freight, installation or other costs which may be applicable, except to the extent that such costs are expressly included in any Quotation or Order.

6 PAYMENT

6.1 Payment options:

6.2 We accept the following credit cards: Visa and MasterCard via Paypal

6.3 We also accept payment from your PayPal account if you have one

6.4 Credit Card Security -All payments are processed via PayPal and are subject to PayPal's terms and conditions which can be found here: https://www.paypal.com/nz/webapps/mpp/home.

6.5 The Customer must pay for the Order on receipt of an invoice for the Order, unless Flight of Imagination agrees that payment in full is due by 20th of the month following the date of invoice. Any variations to the terms of payment must be agreed in writing with Flight of Imagination.

6.6 Flight of Imagination may alter terms of payment with effect from the date that it notifies the Customer of such change.

6.7 Flight of Imagination may impose a credit limit at any time, which may be altered at the discretion of Flight of Imagination with effect from the date that Flight of Imagination notifies the Customer of such alteration.

6.8 If the Customer does not make payment of any amount by the due date, Flight of Imagination may, without prejudice to any other rights it may have:

6.8.1 charge default interest at a rate of 2% per month calculated daily on the unpaid amount from the due date for payment until payment in full is made.

6.8.2 suspend or cancel any Orders; and/or

6.8.3 recover from the Customer the Price and all costs incurred as the result of the default, including debt collection costs and legal costs for recovery.

7 DELIVERY

7.1 Delivery is to be made at the place specified in the Quotation or Order.

7.2 Any time stated for delivery is an estimate only. Flight of Imagination is not liable for any delay in delivery. Orders cannot be cancelled due to delays in delivery, except with Flight of Imagination agreement.

7.3 If the Customer requests urgent delivery and that delivery incurs additional costs, then such additional costs will be invoiced to, and paid by, the Customer.

7.4 If the Customer refuses to accept delivery of any of the Goods, Flight of Imagination may charge the Customer for any additional costs incurred as a result, including storage and transportation costs.

7.5 We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

7.6 If an order is placed before lunchtime Monday to Friday we will ship the following business day. A tracking number will be provided with each order via email.

8 DELIVERY CHARGES

8.1 Website gallery prices are inclusive of freight within New Zealand. For overseas shipping please contact sales@flightofimagination.nz .

8.2 Delivery charges for other services are on the website and confirmed in Quotations.

9 RETURNS

9.1 We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully.

9.2 If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.

10 DAMAGED OR DEFECTIVE GOODS

10.1 If Goods supplied by Flight of Imagination are damaged or defective, then Flight of Imagination may, at its option, either repair, replace or resupply the Goods, or provide a credit, provided that:

10.1.1 the Customer notifies Flight of Imagination of any damage or defect in writing within 48 hours of delivery of the Goods; and

10.1.2 the Customer provides Flight of Imagination with full documentation giving sufficient details of the alleged damage or defect including, if required by Flight of Imagination returning the Goods to Flight of Imagination

10.2 No claim for a discrepancy in an Order delivered to the Customer shall be accepted unless it is made in writing to Flight of Imagination within 48 hours of delivery.

10.3 If the Customer does not notify Flight of Imagination of damage or defects within 48 hours of delivery of the Goods, the Customer shall be deemed to have accepted the Goods.

11 CUSTOMER PROPERTY

11.1 Flight of Imagination will hold any property of the Customer at the Customer's risk.

11.2 Flight of Imagination will use reasonable endeavours to secure good results from the use of materials or equipment supplied by the Customer.

11.3 Any change or correction necessary to supply properly finished work will be invoiced to, and paid for by, the Customer.

11.4 Where the Customer supplies materials or equipment, adequate supplies must be furnished to cover spoilage.

11.5 Unless otherwise agreed, Flight of Imagination is not required to store property of the Customer after 14 days following date of the relevant invoice and may dispose of any property of the customer that it is still holding.

12 ELECTRONIC MATERIAL

12.1 The Customer must retain a copy of any electronic material (including images or files) it supplies to Flight of Imagination. Flight of Imagination is not responsible for any loss or damage to any such materials.

12.2 Unless otherwise agreed, the Customer will have no right or title to electronic material stored by Flight of Imagination and Flight of Imagination shall not be required to store such material after the date of the relevant invoice or transfer such material to the Customer.

12.3 If Flight of Imagination agrees to duplicate or transfer electronic material to the Customer, the Customer shall be invoiced, and pay for, such service.

13 LIABILITY LIMITATION

13.1 Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply.

13.2 The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

13.3 We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

13.4 To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us.

13.5 None of the persons specified above, is liable or has to pay you for anything else in connection with or resulting from anything, any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise.

13.6 This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

13.7 Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

14 FORCE MAJEURE

14.1 Flight of Imagination shall not be liable for any failure to fulfil its obligations under these Terms if that failure is due to any cause beyond Flight of Imaginations reasonable control, including as a result of an extraordinary event, government restrictions, freight delays, shipping delays, and raw material supply delays.

15 EVENT OF DEFAULT OF PAYMENT

15.1 Where the Customer commits an Event of Default, Flight of imagination may take any, some, or all, of the following actions, in its sole discretion:

15.2 require the Customer to remedy the Event of Default within 7 days after receiving notice from Flight of Imagination specifying the Event of Default and requiring it to be remedied.

15.3 require all amounts owing by the Customer to be immediately due and payable.

15.4 immediately suspend or terminate the Customer's account and any, some, or all, Orders.

15.5 enforce the security interest created under these Terms; or

exercise any rights that it may have under these Terms or at law.

16 APPLICABLE LAW AND JURISDICTION

16.1 Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

16.2 Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

16.3 Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

16.4 You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

17 VARIATIONS

17.1 All Quotations and Orders are based on original specifications. Any additional costs associated with any variation or alteration to these specifications will be invoiced to, and paid for by, the Customer, at Flight of Imagination then current rates.

17.2 Flight of Imagination does not guarantee that production prints exactly match proofs, whether provided in electronic or hard copy, because of variations in proof preparation methods, screen presentation, and substrates. Flight of Imagination will use all reasonable endeavours to provide a commercially acceptable finished product consistent with good industry practise. Flight of Imagination will not be liable in anyway whatsoever, including negligence, for errors or omissions arising from an oversight or misinterpretation of a customer's verbal instructions, or where a proof has been approved by the Customer

18 INTELLECTUAL PROPERTY

18.1 The Customer warrants that the use by Flight of Imagination of any designs, marks, logos, images, print content, or other intellectual property supplied by the Customer, will not infringe any intellectual property rights of any other person and the Customer indemnifies Flight of Imagination against any claim relating to, or arising from, the infringement of any intellectual property right of any other person.

19 DISCRETION

19.1 Flight of Imagination reserves all rights to decline any Order which it determines, in its discretion, is illegal, offensive, contrary to public interest. If Flight of Imagination accepts such an Order, Customer indemnifies Flight of Imagination against any claim relating to, or arising from, the printing of such Order.

20 PRIVACY AND CONFIDENTIALITY

20.1 Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications, you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

20.2 Opting out of receiving the above-mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

20.3 We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

20.4 You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of the Website may not be available to you.

20.5 We may disclose your personal information as required by law.

20.6 Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

20.7 You can request details of your personal information that we hold, and ask us to correct it, at any time.

21 GENERAL CONDITIONS

21.1 If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

21.2 If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

21.3 Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

21.4 We may deliver notices to you by sending them to an email address that you have notified to us. If there is any inconsistency between these Terms and any Order submitted by the Customer or any other arrangement or terms between the parties, these Terms prevail unless otherwise agreed in writing by the parties.

21.5 If Flight of Imagination exercises, or fails to exercise, any right or remedy available to it, this shall not prejudice the rights of Flight of Imagination in exercising that or any other right or remedy

21.6 Waiver of any term of this Terms must be agreed in writing and signed by an authorised officer of Flight of Imagination.

21.7 The Customer shall not, directly or indirectly, assign or otherwise transfer any of its rights or interests in, or any of its liabilities or obligations under, or in connection with these Terms except with the prior written consent of Flight of Imagination, which consent may be withheld in its absolute discretion.

21.8 Flight of Imagination may amend or vary these Terms at any time and such amendments or variations will be effective from the date on which notice of these changes is given to the Customer by Flight of Imagination (including notice on any Quotation, or invoice, or notice by reference to the current terms on Flight of Imagination website).