Terms of service

OVERVIEW

Welcome to Primäcolor.

These Terms of Service apply when you visit our website, use our services, or purchase products from us.

Throughout these Terms, “Primäcolor”, “we”, “us” and “our” refer to Primäcolor. Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to sell our products to you.

By accessing our website or placing an order, you agree to these Terms of Service together with our Privacy Policy, Shipping & Delivery Policy and Returns & Refunds Policy.

Nothing in these Terms limits any rights or remedies you may have under New Zealand law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986.

1. PRODUCTS

We do our best to describe and photograph our products accurately.

Colours and finishes may appear slightly different depending on your screen, lighting and device settings.

Product dimensions, materials and specifications are provided as accurately as possible. Small variations may occur, particularly with handmade or independently manufactured products.

We may change product descriptions, pricing, availability or specifications at any time without notice.

Products may also be discontinued or temporarily unavailable.

2. ORDERS

Placing an order through our website constitutes an offer to purchase the products in your order.

Your order is confirmed once payment has been successfully processed and you receive an order confirmation from us.

We reserve the right to cancel or decline an order where reasonably necessary, including where:

a product is unavailable
there has been an obvious pricing or listing error
we suspect fraudulent or unauthorised activity
we are unable to fulfil the order

If we cancel an order after payment has been taken, we will refund the amount paid.

Please check your order carefully before submitting it.

If you need to change or cancel an order, contact us as soon as possible at hello@primacolor.co.nz. We cannot guarantee changes or cancellations once an order has entered fulfilment.

3. PRICING AND PAYMENT

Unless stated otherwise, prices displayed on our New Zealand store are in New Zealand dollars and include GST where applicable.

Shipping charges are shown separately at checkout.

Prices may change from time to time without notice.

Any promotion or discount is subject to its own terms and may be withdrawn or changed at any time unless otherwise stated.

We reserve the right to correct genuine pricing or listing errors.

Payment must be completed using one of the payment methods available at checkout.

4. SHIPPING AND DELIVERY

Orders are shipped from Auckland, New Zealand.

Shipping costs and estimated delivery information are set out in our Shipping & Delivery Policy.

Delivery times are estimates and may be affected by circumstances outside our control.

We remain responsible for ensuring goods are delivered within the timeframe required under applicable New Zealand consumer law. New Zealand consumer guidance specifically notes that sellers are responsible for ensuring goods arrive and are delivered in good condition.

If your parcel is delayed, damaged or appears to be lost, please contact us at hello@primacolor.co.nz.

5. RETURNS, FAULTS AND REFUNDS

Our returns process is set out in our Returns & Refunds Policy.

We do not generally offer refunds for change of mind unless otherwise stated.

This does not affect your rights under the Consumer Guarantees Act 1993 or any other applicable law.

If a product is faulty, damaged, unsafe, does not match its description or otherwise fails to meet the guarantees required by law, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances.

For returns enquiries, contact:

returns@primacolor.co.nz

6. PRODUCT USE

You are responsible for using products in accordance with any instructions, warnings or care information supplied with the product.

We may not be responsible for damage caused by misuse, improper installation, modification, failure to follow instructions, or normal wear and tear.

Nothing in this section excludes any rights you have under New Zealand consumer law.

7. WEBSITE CONTENT

All content on this website, including text, photographs, graphics, logos, branding, layouts and other material, is owned by or licensed to Primäcolor unless otherwise stated.

You may use this website for personal, non-commercial purposes.

You must not reproduce, republish, distribute, modify or commercially exploit our website content without our prior written permission.

Brand names, product names and trademarks belonging to third-party brands remain the property of their respective owners.

8. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to third-party websites or services.

We are not responsible for the content, availability, security or practices of third-party websites.

Your use of third-party services may be subject to separate terms and privacy policies.

9. SHOPIFY

Our store is hosted by Shopify.

Shopify provides the ecommerce infrastructure used to operate the website, process orders and support related services.

Your purchase contract is with Primäcolor, not Shopify.

Certain information may be processed by Shopify as described in our Privacy Policy and Shopify’s own privacy documentation.

10. PRIVACY

We collect and use personal information in accordance with our Privacy Policy.

This may include information required to process payments, fulfil orders, provide customer support and operate our website.

11. ERRORS AND INACCURACIES

Occasionally, information on our website may contain errors or omissions relating to product descriptions, pricing, availability, shipping or other details.

We may correct these errors or update information at any time.

If an error materially affects an order you have already placed, we will contact you and, where appropriate, offer a correction, alternative or refund.

12. PROHIBITED USE

You must not use our website:

for unlawful purposes
to infringe the rights of another person
to transmit malicious code or interfere with the website
to attempt unauthorised access to our systems
to collect personal information unlawfully
to engage in fraudulent activity
to misuse or copy our intellectual property

We may restrict access to the website where reasonably necessary to protect our business, customers or systems.

13. LIABILITY

To the maximum extent permitted by law, Primäcolor is not liable for indirect or consequential loss arising from your use of the website or products purchased through it.

However, nothing in these Terms excludes or limits any liability that cannot lawfully be excluded, including rights and remedies available under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand legislation.

14. INDEMNITY

You agree to indemnify Primäcolor against losses, costs or claims arising from your unlawful use of our website or your material breach of these Terms, except to the extent that such loss results from our own unlawful conduct or negligence.

15. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The version published on this website at the time you place an order will generally apply to that order.

Any updated Terms will take effect when published unless otherwise stated.

16. GOVERNING LAW

These Terms are governed by the laws of New Zealand.

Any dispute relating to these Terms, our website or a purchase from Primäcolor will be subject to the jurisdiction of the New Zealand courts, except where applicable consumer law provides otherwise.