Terms of Use

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1. Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Vorgyronaphan concerning your access to and use of our website. By accessing or using our website, you agree that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.

If you do not agree with any part of these terms, you must not access or use our website. We reserve the right to change or modify these terms at any time, and your continued use of the website following any changes indicates your acceptance of the new terms.

2. Eligibility

By using our website, you represent and warrant that:

  • You are at least 18 years of age or have reached the age of majority in your jurisdiction
  • You have the legal capacity to enter into binding contracts
  • You are not prohibited from accessing or using the website under applicable laws
  • All information you provide is accurate, current, and complete
  • You will maintain the accuracy of such information

3. Use of Website

3.1 License to Use

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes. This license does not include any right to:

  • Resell or make commercial use of the website or its contents
  • Collect or use product listings, descriptions, or prices
  • Make derivative use of the website or its contents
  • Download or copy account information for the benefit of another party
  • Use data mining, robots, or similar data gathering tools

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws, regulations, or third-party rights
  • Impersonating any person or entity or falsely stating your affiliation
  • Interfering with or disrupting the website or servers
  • Attempting to gain unauthorized access to any portion of the website
  • Using automated systems to access the website without permission
  • Transmitting viruses, malware, or other harmful code
  • Collecting or harvesting information about other users
  • Using the website for fraudulent or unlawful purposes
  • Engaging in any activity that could damage our reputation

4. Product Information and Orders

4.1 Product Descriptions

We strive to provide accurate product descriptions, images, and pricing information. However, we do not warrant that product descriptions, images, pricing, or other content on the website is accurate, complete, reliable, current, or error-free. All products are handmade and may vary slightly from images shown.

4.2 Pricing and Availability

All prices are displayed in New Zealand Dollars (NZD) and are subject to change without notice. We reserve the right to modify prices at any time. Product availability is not guaranteed and is subject to change. We reserve the right to limit quantities and discontinue products at our discretion.

4.3 Order Acceptance

Your order constitutes an offer to purchase products from us. We reserve the right to accept or decline your order for any reason, including product availability, errors in pricing or product information, or suspected fraudulent activity. If we decline your order after payment has been processed, we will issue a full refund.

5. Intellectual Property Rights

5.1 Our Content

All content on this website, including text, graphics, logos, images, photographs, designs, and software, is the property of Vorgyronaphan or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, or display any content without our prior written permission.

5.2 Trademarks

Vorgyronaphan and all related names, logos, product and service names, designs, and slogans are trademarks of Vorgyronaphan. You may not use these marks without our prior written permission. Other names, logos, and brands mentioned on the website are the property of their respective owners.

5.3 User Content

If you submit any content to our website, including reviews, comments, or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent that you own or have the necessary rights to the content you submit.

6. Privacy and Data Protection

Your use of our website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our website, you consent to our collection and use of your information as described in the Privacy Policy.

7. Disclaimers and Warranties

7.1 Website Provided "As Is"

Our website and all content, products, and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 No Guarantee of Accuracy

We do not warrant that:

  • The website will be uninterrupted, secure, or error-free
  • The results obtained from using the website will be accurate or reliable
  • The quality of products, services, or information will meet your expectations
  • Any errors in the website will be corrected

7.3 Handmade Product Variations

Due to the handmade nature of our products, slight variations in color, size, texture, and appearance are normal and should be expected. These variations are not considered defects and do not constitute grounds for return or refund unless otherwise stated in our Return Policy.

8. Limitation of Liability

To the fullest extent permitted by law, Vorgyronaphan, its directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the website
  • Any conduct or content of third parties on the website
  • Any content obtained from the website
  • Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for all claims arising from or related to the website shall not exceed the amount you paid to us in the twelve months preceding the claim, or one hundred New Zealand Dollars (NZD $100), whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Vorgyronaphan and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the website
  • Your violation of these Terms of Use
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

10. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Vorgyronaphan. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party websites or services.

11. Termination

We reserve the right to terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms of Use. Upon termination, your right to use the website will immediately cease. All provisions of these Terms of Use that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising from or relating to these Terms of Use or your use of the website shall be resolved through binding arbitration in accordance with New Zealand arbitration rules, except that either party may seek injunctive relief in court to prevent infringement of intellectual property rights.

12.3 Jurisdiction

You agree to submit to the personal jurisdiction of the courts located in Auckland, New Zealand for any actions not subject to arbitration.

13. Modifications to Terms

We reserve the right to modify or replace these Terms of Use at any time at our sole discretion. Material changes will be notified by posting the updated terms on our website with a new "Last Updated" date. Your continued use of the website after any changes constitutes acceptance of the new terms. It is your responsibility to review these terms periodically.

14. Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

15. Waiver

No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Vorgyronaphan regarding your use of the website and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms of Use, please contact us:

Vorgyronaphan
470 Richmond Road, Grey Lynn
Auckland 1021, New Zealand
Phone: +64 9 376 7011
Email: hello@vorgyronaphan.world

18. Acknowledgment

By using our website, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by them. If you do not agree to these terms, you must immediately cease using our website.