The websites www.brainyband.nz & www.brainyband.au are owned by the companies registered in New Zealand, Auckland and Australia, ABN.

Your use of this website, and purchase of any goods through this website, is governed by the following terms and conditions:

• Terms of Supply
• Privacy Policy
• Refund Policy
• Delivery Policy

We have provided this website for your use, subject to all of these terms and conditions.

You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you should not order any Products from our site.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand & Australia and you submit to the non-exclusive jurisdiction of the Courts of New Zealand & Australia.

If at any time we do not enforce any of these terms of supply or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms of supply is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

Our websites are operated and administered from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand or Australia, you do so on your initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

By placing an order through our site, you warrant that:

• you are legally capable of entering into binding contracts;
• you are at least 18 years old

When you place an order with us, you are making an offer to buy goods or services. Please note that this does not mean that your order has been accepted. An order is placed on our website via adding a Product to the shopping cart and proceeding through our checkout process. The checkout process includes giving us delivery and any other relevant details for your order eg. entering payment information and submitting your order. The final step consists of a confirmation page with full details of your order, which you are able to print as a receipt of your order.
The contract between us (Contract) will only be formed when we or our partners dispatch your Product. The Contract will relate only to those Products we dispatch. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products.

Prices are displayed in New Zealand dollars, inclusive of goods and services tax (GST).
We will charge you the retail price shown on the website at the time you submit your order, together with any additional handling and delivery fees.
You may pay online by credit card (NZD) or by Bank Transfer.

Dispatch of orders is subject to stock availability and you will be advised if a product is unavailable. To the maximum extent permitted by law, we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order.

We currently deliver to New Zealand and Australia addresses.

You must make sure that the delivery address and receiver’s name for your order are accurate and complete (including any business name if you ask us to deliver to a work address) because we may be unable to change these details once the order has been placed. We cannot take responsibility for any orders that go missing due to incorrect delivery information provided by you, or because you have not chosen a safe delivery address. Delivery will be deemed to have been made when the Products arrive at the delivery point agreed with you, or, if you are to arrange delivery when the Products are available for collection by you.

Our delivery information is set out in our Delivery Policy.
You must notify us if you have not received an item. It is your responsibility to take care of the goods when they have been delivered.

We have made every effort to display the Products featured as accurately as possible. The equipment you use to view our website may impact the display of our Products. However, the measurements provided on our website are approximate only. We do not guarantee that the colour, texture or detail of the product shown on your screen will accurately reflect the actual product. We reserve the right to change any aspect of our product information (including price) at any time without notice.

Products displayed on our website are subject to availability. We endeavour to provide accurate stock availability information on our website, but stock is not updated in real-time. Therefore, even if a Product is classified as being “in stock” that stock may not be available to purchase online.

In the unlikely event that the goods ordered are no longer available, we reserve the right to refuse or cancel an order.
We reserve the right to refuse or cancel any orders that we believe, solely by our judgment, to have been placed fraudulently.
While we endeavour to ensure that the price and description of goods are accurate, if there is an error in the process of listing a product or service on our website or a technical error in the processing of your order we reserve the right to refuse or cancel the order.
Our right to cancel orders applies to orders that have been accepted.

Any return of goods is subject to our Return Policy.

By registering on our website, you consent to receive marketing, promotional and other material by way of electronic messages from us. You must ensure that all usernames and passwords required to access our website are kept secure and confidential and you must notify us immediately of any unauthorized use of your password or any other breach of security. We may, at our sole discretion, suspend or terminate your account and limit your access to our website if we reasonably believe that to be necessary.

Please review our Privacy Policy for more details.

The design of our websites, company names, logos, and corporate identities represented on our websites are intellectual property which is owned by us and not to be reproduced, copied, removed, altered, used, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without our express permission.

We have made every reasonable effort to ensure the accuracy of the information provided on our website, however, errors and omissions may occur. You must check any information that is important to you. If you do not then to the maximum extent permitted by law we:

• exclude all liability, direct or indirect, in relation to the website and for any losses for any reason whatsoever, including loss or damage which may directly or indirectly result from any inaccuracy, advice, opinion, information, representation or omission, contained on this website, including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website;
• make no representations or warranties of any kind, express or implied as to the operation of this website or the accuracy of information, content, materials or products included on this website;
• do not guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used and you assume all risk of use of all programs and files on this website, and release us entirely of all responsibility for any consequences of its use.

If you buy goods or services from us for personal use, the guarantees set out in the Consumer Guarantees Act 1993 and Consumer rights and guarantees will apply to those goods or services.

If you buy goods or services for business use, then we exclude all warranties, representations or conditions in relation to the goods and/or services provided by us implied by law, trade, custom or otherwise and our liability for any claim, damages, loss or expense related to the supply or use of goods or services is limited to the cost paid by you for those goods or services and we will not be liable, whether in contract, tort (including negligence) or otherwise for any business losses including indirect, consequential or special loss or damage, loss of profits, loss of data, loss of savings and loss of opportunity.

We reserve the right to remove, suspend or make changes to this website at any time and amend these terms and conditions at any time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).