Terms & Conditions

Information about us

www.hurlestone.com ("the website") is a site operated by Hurlestone (Sole Trader) and is later referred to as "I", "Hurlestone", "Me'. I am a Sole Trader in New Zealand and have my office and trading address at 54 Kensington Avenue, Rangiora, 7400, New Zealand.

If you have any questions, comments, or concerns, please email me at hurlestone@yahoo.com or use the website contact page.

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Hurlestone ("Hurlestone (Sole Trader)", "I, "me") to you, the purchaser of goods and services from me, including your use of the website at www.hurlestone.com ("the website"). They are effective from 5 March 2024 and will replace all earlier Hurlestone terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

I reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on the website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from the online shop may only be made by persons who are acquiring goods or services for their own use or consumption and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Product description and website content

I will always try to be as accurate as possible with product descriptions and website content. However, I am unable to warrant that product descriptions or website content is accurate, complete, reliable, current, or error free.

Product orders

I must receive payment of the whole of the price for the goods (including related handling, postage, packaging, and delivery costs) that you order before your order can be accepted. Once payment has been received by me I will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form.

Product availability and supply

All orders are subject to the availability of those products or services. If for any reason a product is not available I will endeavour to notify the non-availability on my online shop.

All orders are subject to a maximum package weight of 2kg or 4Ib 6 ½ oz. Any order with a package weight greater than 2kg or 4Ib 6 ½ oz will require prior acceptance by me.

Delivery and delivery charges

Prices for goods and services stated on the website are exclusive of any applicable delivery charges.

I only deliver to physical street and business addresses unless by prior arrangement. The cost of delivery is as stated and a total delivery cost will be provided in the order summary included in your online shopping basket. The cost of delivery includes the cost of any single item you purchase, packaging and any charges that may be associated with any additional items. Large orders may incur additional costs.

I will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Once your order has been processed you will receive an email confirming shipping details along with any applicable tracking information.

I can use a variety of shipping and delivery methods to ensure your order gets to you as quickly as possible whilst maintaining a reasonable delivery cost relevant to the cost of the product. Currently there are Air Post and Courier options for most countries.

Fed-Ex
I can offer Fed-Ex delivery by request. This is a more expensive option from New Zealand to your location but in some circumstances it may be the best option for you. If you would like to upgrade to Fed-Ex delivery please email me.

I ship and deliver to the following countries using the following delivery methods and add no extra charges for Rural Delivery:

• Tracked Air Post or Courier – New Zealand. Free pickup - Rangiora only.
• Tracked Air Post or Courier (Please note: not all shipping methods are available for all countries) – Rest of world.
• Courier – India. Please note that Courier is only available to major cities in India as follows: Agartala, Agra, Ahmedabad, Aizawl, Ajmer, Allahabad, Alwaye, Ambala, Amritsar, Aluvay, Auranbad, Bangalore, Bareilly, Belgaon, Bhopal, Bhubaneshwar, Bombay, Calcutta, Callicut, Chandigharh, Coimbatore, Cuttack, Dehradun, Delhi, Dhanbad, Dibrugarh, Faridabad, Gangtok, Goa, Gorakhpur, Gulburga, Gurgaon, Guwahati, Gwallor, Hosur, Howrah, Hublidharwab, Hyderabad, Imphal, Indore, Jaipur, Jammu, Jamshedpur, Johdpur, Jorhat, Jullundar, Kanchipuram, Kanpur, Kochi, Kolan, Kottayam, Lucknow, Ludhiana, Madras, Mangalore, Meerut, Moradabad, Mumbai, Mysore, Nagpur, Nasik, Panaji, Panipat, Patna, Pondicherry, Pune, Raipur, Rajkot, Ranchi, Salem, Shillong, Shimla, Silchar, Siliguri, Srinagar, Surat, Thiruananthapuram, Tirupati, Tirupur, Trichur, Trichy, Udaipur, Udupi, Vadodara, Varanasi, Vijayawada and Visakhapatnam.
• Other countries not listed and other delivery methods are by special arrangement which will require acceptance by me at which time the Shipping and Delivery cost will be determined. Countries I can ship to can change at any time due to availability of freight services or other reasons.

I use New Zealand Post via GoSweetSpot as the delivery provider and also Fed-Ex by request. Expected delivery times, as defined by New Zealand Post, can be read at the web links below:

New Zealand – https://www.nzpost.co.nz/personal/sending-within-n....
Rest of the World – https://www.nzpost.co.nz/personal/sending-internat....

You can expect items will usually arrive at their destination from the shipment date within the time frame specified by New Zealand Post for each service. Because New Zealand Post does not directly control all parts of the delivery chain I cannot guarantee that your item will always reach its destination within the delivery target. Delivery to areas outside major cities, or where your item is dutiable or held in Customs, may take longer.

I am not responsible for any customs, duty or other tax charges or fees that may be applicable when the item enters your country.

If an Air Post parcel is not delivered within the time frame outlined on the New Zealand Post website, please contact me and I will do my very best to find out what happened. Once a parcel reaches another country control of its delivery is handed to an entity out of New Zealand Post's control. I cannot be held responsible for loss or damage of an item once it leaves my premises. If you are concerned about the ability to receive your parcel, please select the courier option and/or have the parcel delivered to your business address.

Duty/Taxes/Collection & Delivery Fees in Your Country

All prices do not include any customs import duty or customs import tax or any additional importation, delivery or collection fees that may apply to the country or location of importation. Any such customs import duty or customs import tax or any additional importation, delivery or collection fees that may be charged is the responsibility of the customer.

I cannot send items as gifts or reduce the value of a purchase to help customers avoid customs charges.

Pricing

All prices are in New Zealand Dollars (NZD) and, if the product is to be delivered within New Zealand, are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. I reserve the right to alter prices at any time.

All prices are subject to variation without notice.

I will always try to be as accurate as possible with pricing. However, I am unable to warrant that product pricing is accurate, complete, reliable, current, or error free.

An invoice will be emailed to you at the email address you supply after you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

I accept the following payment methods:
Visa, MasterCard and American Express via Stripe, and PayPal.

Debit and credit card security - Stripe

Payments are processed via a Stripe secure payments gateway system to ensure high levels of payment security and are subject to Stripe's terms and conditions.

Click the following link for Stripe's terms and conditions:
https://stripe.com/nz/legal

Payment via PayPal

Payments are processed via PayPal's secure payments gateway system to ensure high levels of payment security and are subject to PayPal's terms and conditions.

Click the following link for PayPal's terms and conditions:
https://www.paypal.com/nz/webapps/mpp/ua/useragree...

Shipping and delivery

The cost of shipping includes all applicable insurance, packaging and postage costs for a single item. All shipping costs are in New Zealand Dollars (NZD). Costs for domestic (New Zealand) shipping include GST.

These shipping rates apply to personal orders for a package weight maximum of 300g. If you have special requirements for the delivery of your order or wish to submit a large quantity order please contact me at hurlestone@yahoo.com to discuss options. Other shipping options or those for larger orders are likely to incur further costs.

International orders with a value over $250.00 (NZD) may be subject to additional insurance costs if sent via Air Post methods - if you are placing a high value order it is recommended to select the Courier option.

There is no extra charge for Rural Delivery, however, please allow a few extra days for your parcel to arrive.

I ship to residential and business physical addresses only. However, if you use a PO Box make sure it is able to receive small parcels. Courier packages must be sent to residential or business physical addresses.

As soon as your order is processed and made I will pack and ship it. I try to get your order processed and on its way within 5 to 10 business days. If there is likely to be a significant delay in processing your order I will let you know.

If your order is shipped using a tracked option or courier I will send you the tracking information upon dispatch.

Domestic (New Zealand) shipping options
All domestic shipping is sent using tracked services from Rangiora. A tracking link is sent as soon as your parcel is ready to go.

• $8.00 Courier (no signature) anywhere in New Zealand.
• Free pickup Rangiora only.

Australia

• $18.00 Air Post (tracked) anywhere in Australia.
• $38.00 Courier (no signature) anywhere in Australia.

Please refer to the following link for more details on New Zealand deliveries:

https://www.nzpost.co.nz/personal/sending-within-n....

International shipping options
I ship internationally. If your country is not listed when you go to order please contact me.

Air Post from $33.00 tracked.
Courier from $63.00 no signature.

Please refer to the following link for more details:

https://www.nzpost.co.nz/personal/sending-internat.

Product returns

I stand behind all of our products. If there is a problem with something you bought from me please let me know and I will work to fix it.

I do not have to provide a refund, repair, or replacement if:

1. You have changed your mind about a purchase.
2. You cause the problem either by accident or on purpose.
3. You do not follow the advice about the product's use or care.
4. You go to someone else for repairs before coming to us.

If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act (1993) of New Zealand to provide a remedy.

Whether this is a refund, repair, or replacement depends on how bad the problem is, and whether a fault can be repaired, or if a replacement is available.

Faulty item returns must be sent back to me within 7 days of receipt for New Zealand orders and within 10 days of receipt for International orders.

Return faulty items in a manner of delivery that can be traced to Hurlestone, 54 Kensington Avenue, Rangiora, 7400, New Zealand, and send me an email at hurlestone@yahoo.com advising of the following:

1. Your name.
2. Your address.
3. Your preferred contact telephone/mobile number.
4. Your email.
5. Your desired remedy (refund, repair, or replacement).
6. Your description of the fault.

Purchase handling, postage, packaging, and delivery costs are non-refundable and return shipping and shipping costs are the customer's responsibility. Return delivery of a faulty item remains the responsibility of the customer until it reaches Hurlestone.

In all cases your inalienable rights under the Fair Trading Act (1986) and the Consumer Guarantees Act (1993) of New Zealand apply whether or not there is an unintended conflict within these Terms and Conditions.

Liability limitation

Where you acquire or hold yourself out as acquiring goods or services from me for the purposes of a business, the provisions of the Consumer Guarantees Act (1993) will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act (1908) or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

I will always endeavour to have complete and accurate information on the website but to the greatest extent permissible by law I assume no responsibility for the completeness and current accuracy of the information provided on the website.

To the greatest extent permissible by law, I exclude all liability we may have to you for any claim except where I have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of Hurlestone and anyone else I use to perform duties or provide services under any agreement you have with me. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything I do or do not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with me. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act (1993).

The maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by me and Hurlestone, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless I otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by Hurlestone and irrespective of the location where you reside.

Use of the website, supply of products or services by me to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and I incur cost in any matter concerning that name then I may recover the costs incurred by me from you (including legal costs on a solicitor-client basis).

You agree to use the website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and confidentiality

I may use personal information that is collected about you to provide products and services to you and to administer orders and payments relating to your purchases from Hurlestone.

Hurlestone collects personal information from you, including information about your:

• Name.
• Contact information.
• Billing or purchase information.

Hurlestone collects your personal information in order to:

• Enable you to purchase products from me.
• Deliver the products to your postal address.
• Resolve any issues that may arise.
• Send email newsletters that you subscribe to.

Providing some information is optional. If you choose not to provide it, I may be unable to provide the product ordered or resolve the issue raised.

You will need to permit Hurlestone to place data files ("cookies") on your computer to enable you to use some features of some of the website. Where you choose not to enable cookies from the website, some functionality of the website may not be available to you.

Hurlestone may disclose your personal information as required by law.

Where you have provided information to Hurlestone on a confidential basis, I will hold that information in confidence, except as required by law.

I cannot guarantee that the website is secure, and I cannot be held responsible for a breach of the website security that is beyond Hurlestone's control.

You have the right to ask for a copy of any personal information I hold about you, and to ask for it to be corrected if you think it is wrong. If you would like to ask for a copy of your information, or to have it corrected, please contact me at hurlestone@yahoo.com.

If you have provided information for email newsletters/marketing purposes you can unsubscribe at any time.

GDPR (General Data Protection Regulation)

If you reside in the EU, you may have additional rights beyond our privacy policy.

Under the General Data Protection Regulation (GDPR) and in certain circumstances, you may also have the right to:

1. have your personal information erased;
2. object to and restrict your personal information being processed;
3. not be subject to automated decision making (as defined in the GDPR)
4. data portability; and
5. lodge a complaint with the supervisory authority (as defined in the GDPR).

By continuing to use our website, you provide your consent to the terms of our privacy policy.

RocketSpark

The website is hosted on RocketSpark. They provide Hurlestone with the online e-commerce platform that allows me to sell our products to you.

Your data is stored through RocketSpark's data storage, databases and the general RocketSpark application. RocketSpark store your data on a secure server behind a firewall.

General Conditions

I reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on the website at www.hurlestone.com.

If I fail to enforce any terms or to exercise my rights under these terms and conditions at any time, I have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

I may deliver notices to you by sending them to an email address that you have notified to me.