Terms & Conditions

1. Acceptance of Terms
Welcome to Wavespec LTD (“we” or “us”). By accessing our website www.vanvibestore.com and/or placing an order, you (“Customer” or “you”) agree to be bound by the following Terms and Conditions (“Terms”). These Terms apply to all visitors and customers of our online store. If you do not agree to these Terms, please do not use our site or services. We may update these Terms from time to time; the current version will always be posted on our website. Continued use of the site constitutes acceptance of the revised Terms.

2. Products and Website Use

  • Product Descriptions: We strive to ensure that all product descriptions, images, and pricing on our website are accurate and up-to-date. However, slight variations in color or design may occur due to photography or screen settings. If you receive a product that does not substantially match its description, you are entitled to a remedy as described in our Returns Policy below.
  • Pricing & Currency: All prices on our site are in [NZ Dollars (NZD)] and include GST (if applicable) unless stated otherwise. International orders: you may see an estimated price in your local currency, but final checkout is in NZD (your bank or card provider will handle currency conversion and may charge fees). We reserve the right to change prices at any time, but this will not affect any order you have already placed.
  • Website License: We grant you a limited, revocable license to access and make personal use of our website. You agree not to download (other than page caching) or modify any portion of the site without our express written consent. This license does not allow resale or commercial use of our content, nor the use of any data mining or scraping tools. Unauthorized use terminates this license.

3. Account Registration

  • You may create a user account for faster checkout and order tracking. When registering, you must provide accurate, complete information and keep your account password confidential. You are responsible for all activities under your account.
  • You must be at least 18 years old or the age of majority in your jurisdiction to make a purchase. If under 18, you must have permission from a parent or guardian. By placing an order, you confirm that you meet this requirement.
  • We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion if we believe a user is violating these Terms or engaging in fraudulent or harmful behavior.

4. Orders and Payment

  • Order Process: When you place an order, you will receive an email confirmation acknowledging receipt of your order. This does not signify our acceptance of your order; it is an offer from you to buy the product(s). Our acceptance occurs only when we dispatch the product and send a shipping confirmation. We reserve the right to cancel or refuse any order prior to acceptance, for example due to stock errors or suspected fraud. If we cancel an order after you have been charged, we will issue a full refund immediately.
  • Payment: We accept [major credit cards (Visa, MasterCard, Amex), PayPal, and other payment methods like Afterpay] as listed at checkout. Payment must be received in full before an order is dispatched. All transactions are securely processed via our payment providers; we do not store your payment card details. In the event of a payment dispute or chargeback, please contact us – we may temporarily suspend fulfilling the order until resolved.
  • Pricing Errors: While we endeavor to avoid errors, if a product is listed at an incorrect price due to a typo or technical issue, we reserve the right to cancel any order placed at that price (before dispatch). We will inform you and refund any amount paid. Alternatively, we may give you the option to confirm the order at the correct price.
  • Taxes & Duties: For NZ customers, 15% GST is included in the price. For international customers, our product prices do not include any import duties, taxes, or customs charges that your country may impose. You are responsible for such charges. Please see our Shipping Policy below for more details on international customs.
  • Promotions & Coupons: We may offer promo codes or discounts occasionally. These are subject to any specific terms set out in the promotion (such as validity period, eligible items, one-time use, etc.). Only one promo code can be used per order unless stated. Promotions cannot be applied retroactively to past orders or combined with other offers. We reserve the right to modify or cancel promotions at any time.

5. Shipping and Delivery

  • Shipping Locations: We currently ship from New Zealand to [list of countries or “worldwide” except any excluded regions]. If your country is not available at checkout, unfortunately we cannot fulfill orders there at this time.
  • Dispatch Time: We aim to dispatch in-stock items within [X] business days of order confirmation (typically [1-2] business days). During peak periods or sales, dispatch might take slightly longer. Custom or pre-order items will have stated production/dispatch times on the product page.
  • Delivery Timeframes: Delivery estimates are provided in our Shipping Policy (see below) and at checkout. These are estimates only – while we strive to meet them, we are not liable for delays caused by postal/courier services or customs clearance. However, if your parcel is significantly delayed, please contact us and we will assist in tracking or resolving the issue.
  • Ownership and Risk: Title to the products passes to you once we have received full payment and delivered the goods to the carrier. Risk in the products (loss or damage) passes to you upon delivery to the address you provided. For international shipments, risk passes upon delivery or as per the carrier’s terms (which may be when it arrives in your country or at your address if signed). We strongly recommend ensuring someone is available to receive the package at the delivery address.
  • Failed Delivery: If a package is returned to us due to an incorrect address provided by you, or if unclaimed at customs/post office, we will contact you. Reshipment can be arranged at your expense (for postage). If we cannot reach you, we may refund the product price (minus original shipping costs) once the package arrives back, if and as applicable.
  • Inspection: Please inspect the products upon delivery. If you notice any damage in transit or missing items, notify the carrier (if obvious on delivery) and contact us within 7 days so we can assist. We may require photos of the damage for insurance claims.

6. Returns, Refunds, and Exchanges
We want you to love your purchase. Our detailed Returns & Refunds Policy is set out in Section II below and is incorporated into these Terms. In summary:

  • If you receive a faulty or incorrect product, we will meet our obligations under the Consumer Guarantees Act and either replace, repair, or refund the item (at your choice, if the fault is significant). We will also cover any return shipping cost for faulty/incorrect goods.
  • If you simply change your mind or the item isn’t quite right, we offer [14-day] returns for exchange or store credit/refund (choose one) on unused, undamaged products, provided you contact us within [14] days of delivery. You’ll need to return the item to us in original condition with tags. Refunds for change-of-mind will exclude original shipping fee, and you are responsible for return postage.
  • Some items are excluded from change-of-mind returns for hygiene or other reasons (e.g., earrings, underwear, final clearance sale items) – these will be clearly noted on the product page or at purchase. This does not affect your rights if the item is faulty.
  • To initiate a return, follow the procedure in our Returns Policy (Section II) – typically emailing [support@yourbusiness.com] with your order number and reason. We will respond with instructions.
  • Refunds (when approved) will be processed back to the original payment method within 10 business days of us receiving the returned goods.

7. Intellectual Property

  • All content on our website, including text, graphics, logos, button icons, images, audio clips, and software, is our property or used with permission, and is protected by copyright, trade mark, and other intellectual property laws. The compilation of all content is our exclusive property.
  • Your use: You may view, print, and download content from the site for personal, non-commercial use only. Any other use (like copying product images for your own sale, or republishing content) is not allowed without our explicit consent. If you want to share our content (e.g., share a blog post), please do so by linking to our site and giving credit.
  • Our trademarks: Vanvibes and our logos, slogans, or product names are our trademarks/service marks. You may not use them in any way that might cause confusion as to ownership or endorsement without our prior written permission.
  • Third-party IP: We respect intellectual property rights of others. If you believe our site or products infringe your IP rights, please notify us with details and we will investigate promptly (email: info@vanvibestore.com). We may remove content at our discretion to resolve any such issues.

8. Limitation of Liability

  • Quality and Guarantees: We stand by the quality of our products and will always honor our legal obligations (see Returns/CGAs above). However, to the fullest extent permitted by law, we do not make additional guarantees or warranties beyond those required by law. For example, we do not guarantee that products will meet your personal preferences or expectations beyond the description given, or that the website will be available 100% of the time.
  • Website availability: Our site is provided on an “as is” and “as available” basis. We may occasionally suspend or withdraw or restrict the availability of all or any part of our site for business or maintenance reasons. We will try to give you notice of any significant downtime.
  • General Liability Cap: To the extent legally allowed, in no event shall our total liability to you for any and all claims arising from your use of our services or products exceed the amount actually paid by you to us for the product or service in question.
  • Indirect Damages: We will not be liable for any indirect, consequential, incidental, special, or punitive damages, or any loss of profit, revenue, or data, arising out of or in connection with your use of our website or purchase of products. For example, we are not liable if a delivery being late causes you missed opportunities, or if an allergic reaction occurs because of a material (we list materials but you’re responsible for reading them).
  • Exceptions: Nothing in these Terms excludes or limits liability that cannot be excluded by law. In New Zealand, that means we do not exclude liability for personal injury or death caused by our negligence, or for fraud, or for any guarantees under the Consumer Guarantees Act that cannot be excluded. If you are a consumer, your statutory rights are not affected. For EU/UK consumers, we do not limit liability for breach of statutory consumer protections to the extent not permissible.

9. Indemnification
You agree to indemnify and hold Wavespec LTD, its directors, employees, and agents harmless from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of these Terms or your violation of any law or rights of a third party. In plain language, if you do something that causes us harm or legal trouble, and it was due to your wrongful conduct, you agree to cover our costs/damages.

10. Governing Law and Dispute Resolution

  • Governing Law: These Terms and any separate agreements whereby we provide you services or products shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. However, if you are a consumer overseas, you may also be entitled to the protection of the mandatory consumer laws in your country of residence.
  • Jurisdiction: You agree that any dispute arising under these Terms or concerning any transaction will be subject to the non-exclusive jurisdiction of the courts of New Zealand. “Non-exclusive jurisdiction” means we can resolve disputes in NZ courts, but if you as a consumer have rights to sue in your home country, these Terms do not prevent you from doing so.
  • Dispute Process: We truly hope to resolve any issues amicably. If you have a concern or dispute, please contact us first at info@vanvibestore.com, and we’ll try to sort it out in good faith. We may suggest mediation or other alternative dispute resolution before formal proceedings, if appropriate.

11. Consumer Rights Notice (CGA & Overseas): Nothing in these Terms is intended to limit or replace any rights you have under the New Zealand Consumer Guarantees Act 1993 (if you are a NZ consumer) or equivalent consumer laws in your country of residence. For NZ business customers, if you are purchasing products for use in trade (e.g., as a retailer or for commercial use) then you agree the provisions of the Consumer Guarantees Act do not apply, as allowed by that Act (in other words, you confirm you are not a “consumer” for that transaction). If you are an Australian consumer, note our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Similar protections apply in the EU/UK – for instance, nothing here restricts your right to a 14-day cooling-off period for online purchases if applicable (see Returns Policy).

12. Miscellaneous

  • Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. (For example, if a court said our liability cap is invalid, the rest of the Terms still apply.)
  • No Waiver: If we do not enforce a provision of these Terms, that is not a waiver of our right to do so later. For instance, if you miss a step in the returns process and we still process your return as a courtesy, we don’t waive our rules for future situations.
  • Headings: Section headings in this agreement are for convenience only and do not have legal effect.
  • Entire Agreement: These Terms, along with any policies or operating rules expressly referred to (like the Privacy Policy, Returns Policy, Shipping Policy), constitute the entire agreement between you and us regarding your use of our service and purchase of products, superseding any prior or contemporaneous communications.

Thank you for reading our Terms. If you have any questions or need clarification, feel free to reach out to us at info@vanvibestore.com. Happy shopping!

Last updated: 01/07/2025

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