Terms of service
OVERVIEW
Welcome to PēpiCo. The terms “we”, “us” and “our” refer to PēpiCo. PēpiCo operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with our products and online shopping experience (the “Services”).
Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access or use our Services.
Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms, you should not use or access our Services.
Nothing in these Terms limits any rights or remedies you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other applicable New Zealand law.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you represent that you are legally able to enter into a contract in your jurisdiction.
When accessing our store or purchasing products, you may be asked to provide information including your email address, billing information, payment details and shipping information.
You agree that the information you provide is accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to describe and display our products accurately, including their appearance, ingredients, size and characteristics.
However, colours and product appearance may vary slightly depending on your device, screen settings, photography and other factors.
Product descriptions, availability and specifications may occasionally be updated or changed.
We reserve the right to discontinue products or limit quantities available for purchase.
Nothing in this section limits your rights under applicable New Zealand consumer law, including your right to receive products that are of acceptable quality, fit for purpose and consistent with their description.
SECTION 3 – ORDERS
When you place an order through our store, you are making an offer to purchase the selected products.
We reserve the right to accept, decline or cancel an order where reasonably necessary, including where a product is unavailable, an obvious pricing or listing error has occurred, payment cannot be processed, or we reasonably suspect fraudulent activity.
Payment must be successfully processed before an order can be fulfilled.
Please review your order, delivery address and contact information carefully before submitting it.
If you need to change or cancel an order, contact us as soon as possible at hello@pepico.co.nz. We cannot guarantee that changes or cancellations can be made once an order has been processed or dispatched.
Returns and refunds are subject to our Return & Refund Policy and your rights under applicable New Zealand consumer law.
SECTION 4 – PRICES AND PAYMENT
All prices displayed on our New Zealand store are in New Zealand dollars unless otherwise stated.
Prices, promotions and discounts may change from time to time.
The price applicable to your purchase will be the price displayed at the time your order is placed, subject to correction of obvious errors.
Shipping charges and any other applicable costs will be displayed during checkout before you complete your purchase.
You agree to provide accurate and complete payment and account information and confirm that you are authorised to use the payment method provided.
SECTION 5 – SHIPPING AND DELIVERY
Our current shipping rates, processing times and estimated delivery timeframes are described in our Shipping Policy.
Delivery timeframes are estimates and may be affected by courier delays, weather events or other circumstances outside our reasonable control.
We will take reasonable steps to ensure your order is appropriately packaged, dispatched to the address you provide and delivered within a reasonable timeframe.
If your order is lost, damaged in transit, or does not arrive within a reasonable time, please contact us at hello@pepico.co.nz so we can investigate.
Nothing in this section limits your rights under the Consumer Guarantees Act 1993 or other applicable New Zealand consumer law.
SECTION 6 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content available through our Services, including the PēpiCo name and branding, logos, text, graphics, photographs, product imagery, videos, designs and other original content, is owned by or licensed to PēpiCo and is protected by applicable intellectual property laws.
You may access our website and content for personal, non-commercial use.
You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use our content without our prior written permission, except where permitted by law.
Shopify's name, trademarks and associated intellectual property remain the property of Shopify or its licensors.
SECTION 7 – OPTIONAL AND THIRD-PARTY TOOLS
Our Services may provide access to tools, features or services operated by third parties.
We do not necessarily control these third-party services and their use may be subject to separate terms and privacy policies.
Where you choose to use a third-party service, you should review the applicable terms and policies.
We may introduce new features, tools or resources to our Services from time to time.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to websites or services operated by third parties.
We are not responsible for the content, accuracy, availability, privacy practices or operation of third-party websites.
If you choose to access or purchase from a third-party website, your interaction with that third party will be subject to its own terms and policies.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our online store is powered by Shopify, which provides the ecommerce technology that enables us to offer our products and Services online.
Purchases made through our store are transactions between you and PēpiCo.
Shopify's own services, privacy practices and other activities are governed by Shopify's applicable terms and policies.
Nothing in this section limits any rights you may have against PēpiCo under applicable New Zealand consumer law.
SECTION 10 – PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Our store is hosted by Shopify, which processes certain personal information in connection with providing its ecommerce services.
Information may also be processed by third-party providers that assist us with functions such as payments, website operation, order fulfilment and communications.
Please refer to our Privacy Policy for further information about how personal information is collected, used and handled.
SECTION 11 – REVIEWS AND FEEDBACK
If you voluntarily submit a product review, feedback, photograph, suggestion or other content to PēpiCo, you confirm that you have the right to provide that content.
You grant us permission to use, reproduce and display feedback you voluntarily provide for reasonable business purposes, including operating and promoting PēpiCo, unless otherwise agreed.
You must not submit content that is unlawful, misleading, defamatory, abusive, obscene, infringes another person's rights, or contains malicious software.
We reserve the right to moderate or remove content where reasonably necessary.
SECTION 12 – ERRORS AND INACCURACIES
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, availability, pricing, promotions, shipping charges or delivery information.
We may correct genuine errors or update inaccurate information when identified.
If an error materially affects an order you have already placed, we will take reasonable steps to contact you and provide an appropriate resolution.
Nothing in this section limits your rights under applicable New Zealand consumer law.
SECTION 13 – PROHIBITED USES
You may use our Services only for lawful purposes.
You must not use our Services to:
- violate applicable laws or regulations;
- infringe the intellectual property or other rights of PēpiCo or another person;
- submit false, fraudulent or deliberately misleading information;
- transmit malicious software or code;
- interfere with the security or proper operation of our website;
- collect or misuse another person's personal information;
- engage in spam, phishing, fraudulent or abusive behaviour; or
- attempt to gain unauthorised access to our systems or Services.
We may restrict access to our Services where reasonably necessary to protect PēpiCo, our customers, our systems or other users.
SECTION 14 – AUTOMATED TOOLS AND AGENTS
Automated tools, bots or agents must not access or interact with our Services in a way that interferes with the operation or security of the Services, circumvents technical protections, misrepresents automated activity as human activity, or violates applicable law.
We may use reasonable technical measures to protect our Services from harmful, abusive or unauthorised automated activity.
SECTION 15 – TERMINATION
You may stop using our Services at any time.
We may suspend or restrict access to our Services where reasonably necessary, including where these Terms have been materially breached, fraudulent or unlawful activity is suspected, or the security or operation of the Services is threatened.
Provisions that by their nature should continue after termination will remain in effect.
SECTION 16 – WARRANTIES AND CONSUMER GUARANTEES
We aim to provide accurate information and reliable access to our website, but we cannot guarantee that the website will always be uninterrupted, error-free or continuously available.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable New Zealand law.
Where those laws apply, your statutory rights remain unaffected by these Terms.
SECTION 17 – LIMITATION OF LIABILITY
To the extent permitted by law, PēpiCo will not be responsible for indirect or consequential losses arising solely from circumstances outside our reasonable control.
However, nothing in these Terms excludes, restricts or limits liability where doing so would be unlawful.
In particular, nothing in these Terms limits or excludes your rights or remedies under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable New Zealand consumer law.
SECTION 18 – YOUR RESPONSIBILITIES
You are responsible for using our website and products in accordance with the information and instructions provided.
You agree not to intentionally misuse our Services, infringe the rights of others, or use the Services in violation of applicable law.
Nothing in this section requires you to indemnify PēpiCo for matters for which PēpiCo is legally responsible under applicable law.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the extent necessary to make it enforceable where possible.
If it cannot be made enforceable, it will be treated as severed from these Terms without affecting the validity of the remaining provisions.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right under these Terms, that does not mean we waive that right.
These Terms, together with the policies referenced on our website, form the agreement governing your use of our Services.
Nothing in these Terms overrides rights or obligations that cannot legally be excluded or modified.
SECTION 21 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms to another person without our prior written consent.
We may transfer our rights or obligations where reasonably necessary in connection with the operation, restructuring or transfer of our business, subject to applicable law.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you Services are governed by and construed in accordance with the laws of New Zealand.
Nothing in these Terms limits or excludes any rights or remedies available to consumers under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable New Zealand law.
SECTION 23 – HEADINGS
Headings are included for convenience and do not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.
The most current version will be available on this page.
Where required by law, we will provide appropriate notice of material changes.
Your continued use of the Services after updated Terms take effect constitutes acceptance of those Terms, to the extent permitted by law.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
PēpiCo
Email: hello@pepico.co.nz
Website: pepico.co.nz