Terms of service

OVERVIEW
Welcome to Manuia Collective! The terms “we”, “us” and “our” refer to Manuia Collective. Manuia Collective operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Manuia Collective is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service 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 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 state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

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

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

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

 
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

 
All descriptions of products, prices and availability are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities or refuse orders at our discretion. 

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Manuia Collective reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Manuia Collective confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Manuia Collective may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your 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 set out in your order confirmation email. 

All prices are listed in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) unless stated otherwise. Shipping costs are calculated at checkout. You agree to provide valid and up-to-date billing and payment details. If your payment method is declined, we may cancel your order.


SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Your rights under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA) apply and are not limited by these Terms.

SECTION 6 - CONSUMER RIGHTS & REFUNDS

Nothing in these Terms affects your statutory rights under New Zealand law. If a product is faulty, not of acceptable quality, or does not match its description, you are entitled to a remedy under the CGA. For change-of-mind returns or exchanges, please refer to our Refund Policy.

SECTION 7 - INTELLECTUAL PROPERTY
All content, logos, trademarks and materials displayed on the Services are owned by or licensed to Manuia Collective or its partners and are protected under New Zealand and international law.

You may not reproduce, distribute or use our content for commercial purposes without written permission.

SECTION 8 - THIRD-PARTY TOOLS & LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

 
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Manuia Collective 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 Manuia Collective. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Manuia Collective, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Manuia Collective.

SECTION 10 - PRIVACY POLICY
Your personal information is collected, used and stored in accordance with the New Zealand Privacy Act 2020 and our Privacy Policy.


Shopify also processes certain data in accordance with its own Privacy Policy.
By using our Services, you consent to this processing.

SECTION 11 - FEEDBACK
Any feedback or suggestions you provide may be used by Manuia Collective for business purposes without obligation to compensate you.

You warrant that your feedback does not infringe others’ rights or contain unlawful material.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes. You must not:

  • Use the Services to engage in illegal, fraudulent or abusive behaviour;

  • Upload harmful code or attempt to disrupt the website;

  • Misrepresent your identity; or

  • Infringe upon intellectual property or privacy rights of others.

We may suspend or terminate your access for violations of these Terms.


SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

 
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
Except as required under New Zealand law (including the CGA and FTA), the Services and products are provided “as is” without warranties of any kind, whether express or implied.

SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by New Zealand law:
Manuia Collective, its directors, employees, agents and affiliates shall not be liable for any indirect, incidental, consequential or special loss arising from your use of the Services or products purchased, except as required under the CGA.
Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or any rights you have under New Zealand consumer law.

SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Manuia Collective and its affiliates from any loss or damage arising out of your breach of these Terms or violation of applicable law.

SECTION 18 - 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 19 - WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision does not constitute a waiver.
These Terms, together with our policies, constitute the entire agreement between you and Manuia Collective.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

SECTION 22 - CHANGES TO 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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@manuiacollective.com.

 
Our contact information is posted below: 
info@manuiacollective.com
Company Number: 9429052984020