Terms & Conditions

This website is operated by Faradays Luxury Goods Limited. Throughout the site, the terms “we”, “us” and “our” refer to Faradays.  Faradays 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”, “Terms”), including those additional terms and conditions and policies referenced herein and/or 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.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - ONLINE STORE TERMS

AGREEMENT. All purchases or orders by you are subject to and incorporate these Terms of Service and by placing any order or making any purchase with Faradays, you agree to them.  On acceptance by Faradays of an order or purchase, these Terms of Service become the “Agreement ” between you and Faradays for the purchase and sale of those goods or services (“Products”).

DELIVERY TIME. Any time or date for delivery specified by Faradays is an estimate only, and we are not liable for delay. For Products that are not in stock, allow an estimated 25 business days plus shipping/delivery time. Times may be longer in peak season.

RETURNS. Products that you have had altered or washed or cleaned cannot be accepted for return by Faradays. You acknowledge that variations between two products, and variations in conformance with visual representations and colours and materials presented online, via email, or in-person, may arise due to natural and normal variations in materials and dyeing, and the hand-made nature of manufacture. Due to variations in screen resolution and devices, colours and images may vary from the actual product. product will not be accepted for return by Faradays without Faradays’s prior written consent, which is at Faradays’ sole discretion. If consent is given to return a product, then the return must be in accordance with the instructions provided by Faradays, and at our sole cost.

PAYMENT. Payment is due and processed on placement of online, phone and in-store orders and purchases. No part of any amount payable to Faradays may be reduced due to any counterclaim, set-off, adjustment or other right which the you might have against Faradays.  If you fail to pay for any one or more products when due, Faradays will have the right, in addition to other remedies, to cancel your orders.

QUOTES, PRICES, TAXES AND CHARGES. Quotes are an invitation to you to do business with Faradays and are not offers and are valid for one week. All prices and delivery charges on our site are in New Zealand dollars and, if delivered in New Zealand, include New Zealand GST (if any). Prices do not include taxes, duties and other charges, which your customs authority or government may charge you.

RISK OF LOSS. Unless stated otherwise in any Invoice to which these Terms of Service are attached, delivery of the products shall either be (i) “Ex Works” (Faradays’s premises) as defined in Incoterms 2010 and deemed to occur when you, your carrier or agent commences loading the product at Faradays’s premises; except where (ii) Faradays has agreed in writing to deliver the products to premises nominated by you (eg. in your online order) in which event it is “Delivered at Place” as defined in Incoterms 2010 and delivery occurs when Faradays or its agent commences unloading the Product at your nominated premises.  Risk of loss of, damage to, or arising from products transfers to You upon delivery. Ownership of products remains with Faradays and shall only pass to the you on payment of the full purchase price.

NO LICENSE. The sale of any product does not transfer to you any right or license under any patent, trademark, design or other intellectual property right with respect to such product. Faradays retains ownership of all intellectual property rights to the products sold under these Terms of Service.

WARRANTIES. Faradays is not liable for claims caused by the following: 1) negligence of you or any third party; 2) alteration, contamination or misuse of the product; 3) any specification or modification made at your the request; 4) Your failure to follow product care instructions provided by Faradays or in accordance with reasonable standards; and/or 5) your failure to comply with laws. Faradays has no liability for any warranty claims:  1) submitted after expiration of the claim period; or 2) if Faradays is not given reasonable opportunity to examine the products to which the claim relates and you do not return such Products to Faradays upon Faradays’s request or in accordance with these Terms of Service.  Faradays’ sole liability, and your remedy against faradays for any and all claims, whether for breach of contract, warranty, tort (including negligence) or otherwise, is limited, at Faradays’ election, to: (a) delivery of replacement product, (b) modification of the product, or (c) refund or issuance of a credit to you in an amount equal to the product’s purchase price.

LIMITATION OF LIABILITY. In no event shall you make a warranty claim or commence any action more than 72 hours after delivery of the products to which the claim relates.  Your failure to give Faraday's written notice of any claim or action within the applicable time period shall constitute an absolute and unconditional waiver of such claim or action.

disclaimer. except as stated in these terms of service., faradays makes no other warranties, express or implied, no matter whether arising by operation of law or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose and/or against infringement.

 

EXCUSES FOR NON PERFORMANCE.  Faradays shall not be responsible for non-performance or delays in performance due to causes beyond Faradays’ control, including but not limited to acts of God, strikes or other labour disputes, acts of terror, war, shutdowns, voluntary or involuntary compliance with any law, order, regulation, recommendation or request of any governmental authority, inability to obtain fuel, material or parts, delays or unavailability of transportation, breakdowns of machinery or equipment, fires, explosions or accidents. In addition, Faradays shall be excused in the event of its inability to obtain raw materials (on a commercially reasonable basis) necessary for manufacturing the Product. Should any such event occur, Faradays shall have the right to allocate remaining production and/or supply among its customers as it determines, and you hereby release Faradays from liability for any resulting incomplete fulfillment of any order.

MISCELLANEOUS. This Agreement is not assignable by you. The parties disclaim applicability of the U.N. Convention on the International Sale of Goods to the sale of Products under these Terms of Service. Except as otherwise provided, all notices provided for by this Agreement shall be given in writing either by actual delivery or by e-mail or registered or certified mail, return receipt requested, and shall be deemed to be received on the date personally delivered or sent by e-mail, or three (3) days after deposited in the mail postage prepaid.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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 involve (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

We are not responsible if information made available on this site is not accurate, complete or current. 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.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

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 Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

In the event that we make a change to or cancel an order, we may 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 at our store. 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 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

*INSERT LINK HERE TO OUR PRIVACY POLICY - MAKE IT A HYPERLINK

 

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site 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).

 

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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, federal, provincial or state regulations, 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 11 - 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.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Faradays, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, 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, 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, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 13 - 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 14 - 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 site.

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 15 - 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).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

 

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.