Terms of Service

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Black Friday sale discount is applied upon checkout. Cannot be combined with any other discounts. Sale ends 03/12/24

 

MOSHPIT MERCH – WEBSITE TERMS OF USE

 

 Moshpit Merch is a New Zealand owned and operated small business. When you shop with Moshpit Merch, you're guaranteed 100% genuine band merchandise. We deliver only authentic goods, no imitations. Our high-quality licensed merchandise not only ensures your satisfaction but also directly supports the bands you love. 
Moshpitmerch.co.nz — This website is operated by Moshpit Merch (we, our or us. Our store is hosted on Shopify Inc.

 

How you consent to these terms of use:
If you access and/or use our Site, you are taken to have agreed to these terms of use (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately.

 

When we make changes to these terms of use:
 We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any Content is inaccurate or out-of date.

 

Privacy:
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on our Site) sets out how we will collect and handle your personal information.

 

Conduct we don’t accept:
When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate, or which might bring us or our Site into disrepute.
This includes:
  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  • using our Site to defame, harass, threaten, menace or offend any person;
  • interfering with any user of our Site;
  • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  • using our Site to send unsolicited electronic messages; or
  • facilitating or assisting a third party to do any of the above acts.
We’ve designed our Site for you to use it personally, and not on a commercial basis. You may not download, modify, transmit, or otherwise use any material from this website for public or commercial purposes. You must not use our Site, or any of our content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

 

Pricing
Moshpit Merch prices are in New Zealand dollars (NZ$). All pricing is correct at the time of publication; however, we reserve the right to alter prices, for any reason. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Products and Services:
Because the actual colors of our products you see depend on the monitor you are using, Moshpit Merch cannot guarantee that your monitor's display of any color will be entirely accurate. However, our online store has made every effort to portray the colors of our products as accurately as possible.
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 only according to our Return Policy. 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 are subject to change at any time without notice, at our discretion. 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.

 

Intellectual Property Rights:
Unless otherwise indicated, Moshpit Merch owns all of the content displayed on our website and any copyright, patents or trademark rights and domain names (Our Intellectual Property). Web content refers to the textual, aural, or visual content published on the website. Any creative element, for example, text, applications, images, data, audio and video files, and so on. Your use of our Site and your use of and access to any content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:
  • copy or use, in whole or in part, any of Our Intellectual Property;
  • reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  • breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Third party sites
Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

 

What happens if we discontinue our Site
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:
  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  • access will be uninterrupted, error-free or free from viruses;
  • access will be uninterrupted, error-free or free from viruses; or our Site will be secure. You read, use and act on our Site and our Content at your own risk.
Our liability is limited
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of Our Intellectual Property and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of date.

 

Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

 

Terminating these terms
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

 

If a part of these Terms isn’t right
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

Which laws govern these terms of use

If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the New Zealand Consumer Guarantees Act 1993. When a guarantee under the Consumer Guarantees Act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the New Zealand Consumer Guarantees Act 1993. Your use of our Site and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand. Our Site may be accessed throughout New Zealand and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Support@moshpitmerch.co.nz

 

Website Terms of Use from LegalVision New Zealand.