Terms of service
Overview
This website is operated by ChocolateChippy3D. Throughout the site, the terms "we", "us" and "our" refer to ChocolateChippy3D. ChocolateChippy3D offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms, conditions and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, trade customers and contributors of content.
Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all of these Terms, you may not access the website or use any of our services.
Any new features or tools added to the store are also subject to these Terms. We may update, change or replace any part of these Terms by posting changes on this page, and it is your responsibility to check this page periodically. Your continued use of the website after changes are posted means you accept them.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform we use to sell our products to you.
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where those Acts apply to you.
Section 1 - Online store terms
By agreeing to these Terms, you confirm that you are at least 18 years old, or that you have the consent of a parent or guardian who accepts these Terms on your behalf.
You may not use our products for any illegal or unauthorised purpose, and you must not, in using the Service, break any law that applies to you, including copyright law.
You must not transmit any worms, viruses or code of a destructive nature.
A breach of any of these Terms may result in the immediate termination of your access to the Service.
Section 2 - General conditions
We reserve the right to refuse service to anyone for any lawful reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and may involve transmission over various networks, and changes to suit the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, its use, or access to it, without our express written permission.
The headings in these Terms are for convenience only and do not limit or affect them.
Section 3 - Accuracy, completeness and timeliness of information
We take care to keep the information on this site accurate, including product descriptions, dimensions and tool compatibility. Occasionally errors occur, and we do not accept responsibility for general information on the site that is out of date or incomplete. Where exact dimensions or fit matter for your job, please contact us before ordering.
This site may contain historical information that is not current and is provided for reference only. We may change the contents of this site at any time but are not obliged to update it.
Nothing in this section limits our obligations under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, including that our products match their description.
Section 4 - Modifications to the Service and prices
Prices for our products are in NZD, include GST, and may change without notice. The price shown when you place your order is the price that applies to that order.
We may modify or discontinue the Service, or any part of it, without notice. To the extent permitted by law, we are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products and services
Some products may be available only online through our website, may be in limited quantity, and are subject to return or exchange according to our Refund Policy and your legal rights.
Appearance. We display our products' colours and images as accurately as we can, but we cannot guarantee that your screen shows colours accurately. Our products are 3D printed, so visible layer lines and small variations in colour or finish between print batches are normal.
Compatibility. We list the tool brands and models our accessories are designed to fit. Please check this against your own tool before ordering. If you are unsure, contact us.
Safe use. Unless a product page or written quote says otherwise, our items are tool accessories, organisers, jigs and fittings. They are not structural, lifting, fall-protection or other safety-critical components. 3D-printed plastics can be affected by heat, sunlight, chemicals and overloading, so please use our products within any limits we state and check they are suitable for your job.
Brand names. Makita, Milwaukee, DeWalt, Hikoki, Festool, Packout and other brand names are trademarks of their respective owners. We are not affiliated with, endorsed by or sponsored by them. We use these names only to describe which tools our accessories are designed to fit.
Limits on sales. We may limit sales of our products to any person, region or jurisdiction, and limit the quantities we offer. Product descriptions and prices may change at any time, and we may discontinue any product at any time. Any offer on this site is void where prohibited.
Custom items. All custom-made items by ChocolateChippy3D, including the designs, remain the intellectual property of ChocolateChippy3D unless we agree otherwise in writing before design begins.
Nothing in this section limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
Section 6 - Accuracy of billing and account information
We may refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, payment card, or billing or shipping address. If we change or cancel an order, we may try to contact you using the email, billing address or phone number you gave when ordering. We may limit or refuse orders that, in our judgement, appear to be placed by resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update your details, including your email address and payment card details, so we can complete your transactions and contact you.
For more details, please review our Refund Policy.
Section 7 - Optional tools
We may give you access to third-party tools that we do not monitor or control.
You acknowledge that such tools are provided "as is" and "as available", without endorsement. To the extent permitted by law, we have no liability arising from your use of optional third-party tools. You use them at your own discretion and should make sure you are familiar with and approve of the terms of the relevant provider.
We may also offer new services or features through the website in future, and these will also be subject to these Terms.
Section 8 - Third-party links
Content, products or services available through our Service may include materials from third parties, and links on this site may take you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those materials or websites, and to the extent permitted by law we accept no liability for them.
Please review a third party's policies and practices before you transact with them. Complaints, claims or questions about third-party products should be directed to the third party.
Section 9 - User comments, feedback and other submissions
If, at our request or otherwise, you send us creative ideas, suggestions, proposals, designs or other materials, whether online, by email or otherwise ("comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use them in any medium. We are under no obligation to keep comments confidential, to pay for them, or to respond to them. This does not apply to designs or files you supply for a custom order, which we use only to fulfil your order.
We may, but have no obligation to, monitor, edit or remove content that we decide is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes anyone's intellectual property or these Terms.
You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy or other rights, and will not contain unlawful, abusive or obscene material or any malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of your comments. You are solely responsible for your comments and their accuracy, and we take no responsibility for comments posted by you or any third party.
Section 10 - Personal information
Your submission of personal information through the store is governed by our Privacy Policy and the Privacy Act 2020.
Section 11 - Errors, inaccuracies and omissions
Occasionally our site or Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, availability or transit times. We may correct any such error and may cancel or change an order if information on the site was inaccurate, including after you have placed your order. If we cancel an order because of our error, we will refund you in full.
We are not obliged to update, amend or clarify information on the site, including pricing, except as required by law. No update or refresh date on the site means that all information has been updated.
Section 12 - Prohibited uses
In addition to other prohibitions in these Terms, you may not use the site or its content:
- for any unlawful purpose
- to solicit others to perform or take part in unlawful acts
- to violate any New Zealand or international law, regulation or rule
- to infringe our intellectual property rights or those of others
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
- to submit false or misleading information
- to upload or transmit viruses or other malicious code that may affect the Service, any related website, other websites or the internet
- to collect or track the personal information of others
- to spam, phish, pharm, pretext, spider, crawl or scrape
- for any obscene or immoral purpose
- to interfere with or circumvent the security features of the Service, any related website, other websites or the internet
We may terminate your use of the Service or any related website for violating any of these prohibited uses.
Section 13 - Your legal rights and limits on liability
Your rights. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot be excluded. Where those Acts apply, our products come with the guarantees they set out, including that products are of acceptable quality, match their description and are fit for any particular purpose you told us about.
The website. We do not guarantee that the website will be uninterrupted, timely, secure or error-free. We may remove or cancel the website or Service for any period without notice.
Trade customers. Where you buy goods for the purposes of a business, and to the extent the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 allow, we exclude all implied warranties and conditions, and our total liability for any claim relating to a product is limited to the price you paid for it. We are not liable to business customers for indirect or consequential loss, including lost profits, lost revenue, lost savings or loss of data. We will still repair, replace or refund products that do not match their description or are faulty.
Everyone else. Subject to your legal rights above and to the extent permitted by law, we are not liable for any loss or damage arising from your use of, or inability to use, the website, except where caused by our failure to meet our obligations under New Zealand law.
Section 14 - Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless ChocolateChippy3D and our officers, directors, agents, contractors, licensors, service providers, suppliers and employees from any claim or demand by a third party, including reasonable legal costs, arising from your breach of these Terms or the documents they incorporate by reference, or your violation of any law or of a third party's rights.
Section 15 - Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law, and the unenforceable part will be treated as severed from these Terms. This does not affect the validity or enforceability of any other provision.
Section 16 - Termination
Obligations and liabilities that arose before the termination date survive termination of this agreement for all purposes.
These Terms remain effective until terminated by you or us. You may terminate them at any time by telling us you no longer wish to use our Services, or by ceasing to use our site.
If we reasonably believe you have failed to comply with any part of these Terms, we may terminate this agreement or deny you access to our Services at any time, and you remain liable for all amounts due up to the date of termination.
Section 17 - Entire agreement
Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision.
These Terms, and any policies or operating rules we post on this site, are the entire agreement between you and us about your use of the Service. They replace any earlier agreements, communications and proposals, oral or written, including earlier versions of these Terms. They do not replace rights you have under law that cannot be excluded.
Any ambiguity in these Terms will not be interpreted against the party who drafted them.
Section 18 - Governing law
These Terms, and any separate agreements under which we provide you services, are governed by the laws of New Zealand. The New Zealand courts have jurisdiction over any dispute, without limiting your right to bring a claim in the Disputes Tribunal.
Section 19 - Changes to Terms of Service
You can review the most current version of these Terms at any time on this page.
We may update, change or replace any part of these Terms by posting changes on our website. Changes apply to orders placed after they are posted. It is your responsibility to check our website periodically, and your continued use of the website or Service after changes are posted means you accept them.
Section 20 - Contact information
Questions about these Terms of Service should be sent to chocolatechippy3d@gmail.com.
ChocolateChippy3D chocolatechippy3d@gmail.com