Terms Of Service
Stoke Street - Terms and Conditions
- This Website is operated by BirdBird Ltd, trading as Stoke Street. Stoke Street is an online retail store.
- Throughout the site, the terms “we”, “us” and “our” refer to Stoke Street. Stoke Street offers this Website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
- By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or made available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
- Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- By using our Website, you consent to our Terms of Service.
SECTION 1 - ONLINE STORE TERMS
- You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
- We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involves: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice (prior to order confirmation).
- We reserve the right at any time to modify or discontinue the Service or a product (or any part or content thereof) without notice at any time (provided any such changes cannot apply to a confirmed order).
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service (prior to order confirmation).
SECTION 5 - PRODUCTS OR SERVICES
- 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 or exchange only according to our Returns Policy.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at on this Website. We cannot guarantee that your computer monitor's display of any colour will be correct.
- Kahuna Creations is a trademark owned by Kahuna Creations Inc. In the USA.
- The Kahuna Creations Land Paddle is a patented product, US Patent No: 8,636,306 B2
- We do not give a warranty or guarantee for our products other than expressly set out in these Terms.
- For faulty or damaged items, please refer to our Returns Policy.
- Stoke Street is not liable for accidents or incidences that may occur whilst using our products. It is the user’s responsibility to ensure all safety precautions are taken to minimise risk and harm; this includes but is not limited to helmets, pads and other protective gear.
- All prices are listed in NZ Dollars inclusive of GST (if any) unless otherwise provided on any order confirmation. Prices are subject to change without notice (prior to order confirmation).
- Products purchased from us will not be dispatched until full payment has been received and cleared.
- Risk and ownership in any product passes to you on delivery to your chosen delivery address.
- You must immediately inspect the products on arrival and in any event within 48 hours of delivery to verify there is no damage to the products.
- We use a New Zealand Courier service for the delivery of all our goods. Delivery timeline: South Island 2-4 business days, North Island 3-5 business days. Delivery is within New Zealand only.
SECTION 6 – PAYMENT, ACCURACY OF BILLING AND ACCOUNT INFORMATION
- Payment in full must be made by you when ordering a product or Service from us. No products will be dispatched to you until payment has been made and cleared in our account.
- We reserve the right to refuse any order you place with us. Your order is not complete and there is no binding commitment to supply any product or Service until you receive an order confirmation from this Website.
- We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made on this Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
- We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
- You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
- Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us.
- We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - PERSONAL INFORMATION
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). For the avoidance of doubt any changes that we make will not apply to a specific purchase of a product or Service where you have a confirmed order.
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or New Zealand rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- The liability of Stoke Street (operated by BirdBird Ltd), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, for any direct loss, injury, claim or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service will at all times be limited to the cost of each product or Service supplied.
- In no case shall Stoke Street (operated by BirdBird Ltd), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service.
SECTION 13 - INDEMNIFICATION
- You agree to indemnify, defend and hold harmless Stoke Street and affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees; harmless from any claim or demand, including reasonable solicitor fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 17 - GOVERNING LAW
SECTION 18 - CONTACT INFORMATION
- Questions about the Terms of Service should be sent to us at firstname.lastname@example.org