Terms of service

Overview

Welcome to QIBI. The terms "we", "us" and "our" refer to QIBI. QIBI operates this store and website, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (the "Services"). QIBI is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, or that you have given consent for any minor dependants to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that the information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.

Section 2 - Our Products

We make every effort to provide accurate representations of our products and services. However, product colours, texture, size perception, and appearance may differ depending on your screen, device settings, lighting, and display configuration.

We do not warrant that the appearance or quality of any product or service purchased by you will exactly match how it appears online. Product descriptions, prices, availability, and other details may change at any time without notice. We reserve the right to discontinue any product and may limit the quantities of products we offer to any person, geographic region, or jurisdiction.

Section 3 - Orders

When you place an order, you are making an offer to purchase. QIBI may accept or decline your order at its discretion. Your order is not accepted until QIBI confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. QIBI may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will try to notify you using the email address, billing address, phone number, or other contact information provided at the time the order was made.

Returns and exchanges are handled according to our Refund Policy. You represent and warrant that purchases are for your own personal or household use and not for commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including email address and payment details, so that we can complete transactions and contact you as needed.

You represent and warrant that any payment information you provide is true, correct, and complete, that you are authorised to use the payment method, and that you will pay all charges incurred at the posted prices, including any applicable taxes and shipping or handling charges.

Section 5 - Shipping and Delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect delivery details, or events outside our reasonable control.

Shipping is handled according to our Shipping Policy. Once products are transferred to the carrier, title and risk of loss may pass to you to the fullest extent permitted by applicable law.

Section 6 - Intellectual Property

The Services, including trademarks, brand names, text, images, graphics, product reviews, video, audio, layout, design, selection, and arrangement, are owned by QIBI, its affiliates, or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as allowed by law.

QIBI's names, logos, product names, service names, designs, and slogans are trademarks of QIBI or its licensors. Shopify's names, logos, product names, service names, designs, and slogans are trademarks of Shopify. Other names, logos, product names, and service names are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services. We do not monitor or control these tools. They are provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.

Your use of optional third-party tools is at your own risk and discretion, and you should ensure that you understand and approve of the terms provided by the relevant third-party provider.

Section 8 - Third-Party Links

The Services may contain links to websites or platforms operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy, privacy practices, or security of third-party websites or services.

If you choose to access third-party websites or services, you do so at your own risk. Complaints, claims, concerns, or questions about third-party products or services should be directed to the relevant third party.

Section 9 - Relationship with Shopify

QIBI is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with QIBI. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and QIBI, including any injury, damage, or loss resulting from purchased products and services.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with QIBI, to the fullest extent permitted by applicable law.

Section 10 - Privacy Policy

Personal information we collect through the Services is handled according to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and other service providers that may be located in countries other than where you reside.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have the necessary rights to your Feedback, that you have disclosed any compensation or incentive connected with your Feedback, and that your Feedback complies with these Terms. We are not required to keep Feedback confidential, pay compensation for Feedback, or respond to Feedback.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time, including after you have submitted an order.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You must not use the Services to violate any law or regulation, infringe intellectual property or privacy rights, harass or harm others, transmit false or misleading information, send spam or unsolicited promotional material, impersonate another person or entity, upload malware, scrape or collect personal information of others, interfere with security features, or otherwise restrict or inhibit anyone's use of the Services.

We reserve the right to suspend, disable, or terminate your account if we determine that you have violated these Terms.

Section 14 - Termination

We may terminate this agreement or your access to the Services, or any part of the Services, at our discretion. You remain liable for amounts due up to and including the date of termination.

Sections that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and related provisions.

Section 15 - Disclaimer of Warranties

The information presented through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on it is at your own risk.

Except as expressly stated by QIBI, the Services and all products offered through the Services are provided "as is" and "as available" without representations, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Some jurisdictions limit or do not allow certain disclaimers, so some of the above may not apply to you.

Section 16 - Limitation of Liability

To the fullest extent permitted by law, QIBI, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products procured through the Services.

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless QIBI, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party due to or arising out of your breach of these Terms, your violation of any law or third-party rights, or your access to and use of the Services.

Section 18 - Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms. This will not affect the validity and enforceability of the remaining provisions.

Section 19 - Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Services.

Section 20 - Assignment

You may not delegate, transfer, or assign this agreement or any rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.

Section 21 - Governing Law

These Terms of Service and any separate agreements under which we provide Services to you are governed by the laws of New Zealand. You and QIBI submit to the non-exclusive jurisdiction of the courts of New Zealand.

Section 22 - Headings

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

Section 23 - Changes to Terms of Service

You can review the most current version of these Terms of Service on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website. Where required by law, we will provide notice of material changes. Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.

Section 24 - Contact Information

Questions about these Terms of Service should be sent to us at hello@qibi.co.nz.