Terms of service

Terms of Service
 
1. General Information
 
These Terms of Service (“Terms”) govern your use of the Pretty Phat Creations website located Lower Hutt Wellington www.prettyphatcreations.nz the purchase of any products from us. The Site is operated by Pretty Phat Creations. By accessing or using our Site, or placing an order with us, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Site or place an order.
 
Our contact email address is: prettyphatcreations@gmail.com
 
2. Products and Orders
 
- All products displayed on the Site are subject to availability. We reserve the right to discontinue any product at any time without notice.
- We make every effort to display product colours, descriptions, and details as accurately as possible. However, variations may occur due to different screen displays, and we cannot guarantee that your device’s display will be entirely accurate.
- When you place an order, you will receive an email confirming receipt of your order. This confirmation does not constitute acceptance of your order; acceptance occurs when we dispatch your products. We reserve the right to refuse or cancel orders at our discretion, including if we suspect fraudulent activity or errors in pricing or product information.
 
3. Pricing and Payment
 
- All prices listed on the Site are in New Zealand Dollars (NZD) and include GST where applicable, unless otherwise stated.
- Shipping costs are calculated at checkout based on your delivery location, as outlined in our Shipping Policy.
- Payment is processed securely through our approved payment providers. You agree that all payment details you provide are true, accurate, and that you are authorised to use the payment method. We reserve the right to verify payment details before processing your order.
 
4. Shipping and Delivery
 
- Shipping terms are outlined in our separate Shipping Policy, which forms part of these Terms. Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by courier services, customs, or events beyond our reasonable control.
- Risk of loss or damage to products passes to you upon delivery to the address provided at checkout.
 
5. Returns and Refunds
 
- Our returns process is outlined in our separate Returns Policy, which forms part of these Terms. Your statutory rights under New Zealand consumer law, including the Consumer Guarantees Act 1993, are not affected by these Terms. If products are faulty, misdescribed, or not of acceptable quality, you may have rights to a repair, replacement, or refund as provided by law.
 
6. Intellectual Property
 
- All content on the Site, including text, images, logos, graphics, product designs, and software, is the property of Pretty Phat Creations or its licensors and is protected by copyright, trademark, and other intellectual property laws in New Zealand and internationally.
- You may not reproduce, distribute, modify, or use any content from the Site without our prior written permission. You may view, download, and print content solely for the purpose of placing an order or using the Site as a customer.
 
7. User Conduct
 
- You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site.
- You must not upload or transmit any harmful, offensive, or illegal content, or use the Site to transmit viruses, malware, or other harmful software.
- You are responsible for keeping any account login details confidential and for all activities that occur under your account.
 
8. Limitation of Liability
 
- To the fullest extent permitted by law, Pretty Phat Creations will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or purchase of products, including loss of profit, revenue, or data.
- Our total liability for any claim arising under these Terms is limited to the total purchase price of the products you ordered.
- Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for any other liability that cannot be excluded by law.
 
9. Privacy
 
- Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Site, you consent to the practices described in our Privacy Policy.
 
10. Changes to Terms
 
- We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. It is your responsibility to review these Terms regularly. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
 
11. Governing Law
 
- These Terms are governed by and construed in accordance with the laws of New Zealand. Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand.