Terms & Conditions

Overview

Please read these Terms of Service carefully before accessing or using our website. By using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This website is operated by Tineli Limited in New Zealand.

General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to 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, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Acceptance

Any instructions received by the Seller from the Buyer for the supply of goods and/or the customer’s acceptance of goods supplied by us shall constitute acceptance of the terms and conditions contained herein.

Modifications to the prices

Prices are subject to change without notice.

Clothing specifications

Garments are deemed to be Tineli standard garments unless alterations are explicitly stated on the design/order/invoice for each garment. Specifications are subject to change from time to time without notice.

Colour matching warning

Colours that you see on your monitor or a paper printout (even one from us) depend on the setup of the monitor or printer and will not necessarily match the colour of the finished garment. For custom clothing, we recommend ordering a sample printout on fabric and/or specifying Pantone colours to ensure the finished colours are just as you expected.

Custom clothing

Design versions

The final design for each custom item must be confirmed in writing. The design confirmed is the optimum layout. Larger sizes will have more space at the edge of panels, smaller sizes will have less.

Intellectual property

Tineli retains ownership of all Intellectual Property on all work done by Tineli. The customer acknowledges that whenever Tineli manufactures product according to samples or information provided by the customer, the customer thereby indemnifies Tineli against all actions, claims and matters, costs and proceedings brought by any entity or person against Tineli for any alleged infringement of that parties’ intellectual property in those samples or information.

Normal variation

Tineli shall use its best endeavours to ensure that the finished product matches as far as practical marketing samples but the customer acknowledges that due to the nature of production runs, no warranty is given by Tineli that the ordered product will exactly match the marketing sample and the customer will accept the product notwithstanding such differences provided the difference is not of a substantial nature.

Changes after confirmation

Changes after an order has been confirmed are not always possible. Changes will be accepted in writing only, and attract a NZ$50 fee.

Delivery delays

Delays can occur for various reasons beyond Tineli's control. Tineli won't be held liable for any loss due to late delivery nor will Tineli accept cancellation of any order because of late delivery.

Defects

The customer shall inspect the goods on delivery and shall within fourteen (14) days of delivery (time being of the essence) notify Tineli of any alleged defect, missing items, damage or failure to comply with the description or quote. If the customer shall fail to comply with these provisions the goods shall be presumed to be free from any defect or damage. For defective goods, which Tineli has agreed in writing that the customer is entitled to reject, Tineli’s liability is limited to either (at Tineli’s discretion) replacing the goods or repairing the goods. Tineli shall have the right to deal with defective goods in whatever manner it deems appropriate to recover its expenses in manufacturing or procuring the goods.

Cancellation

Tineli may cancel any contract to which these terms and conditions apply or cancel delivery of goods at any time before the goods are delivered by giving written notice to the customer. On giving such notice Tineli shall repay to the customer any sums paid in respect of the price. Tineli shall not be liable for any loss or damage whatsoever arising from such cancellation. The customer may not cancel any order for custom goods once production has commenced.

Payment terms

Collection clothing is payable 100% upfront.

For custom clothing, a deposit of 50% is payable to send the order to production. The balance is due before delivery. Late payments are subject to a penalty fee of 2% of the outstanding amount per month for each month they are late. Tineli Ltd reserves the right to recover all costs associated with the collection of any unpaid debts.

Romalpa

Goods remain the property of Tineli until paid for in full.

Personal property securities act 2009 (PPSA)

1. Upon assenting to these terms and conditions in writing the customer acknowledges and agrees that these terms and conditions:

(a) constitute a security agreement for the purposes of the PPSA; and

(b) create a security interest in:

(i) all goods previously supplied by Tineli to the customer (if any);

(ii) all goods that will be supplied in the future by Tineli to the customer.

2. The customer undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to date in all respects) which Tineli may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 2(a)(i) or 2(a)(ii);

(b) indemnify, and upon demand reimburse, Tineli for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any goods charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of Tineli;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the goods in favour of a third party without the prior written consent of Tineli; and

(e) immediately advise Tineli of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.

3. Tineli and the customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

4. The customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

5. The customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

6. Unless otherwise agreed to in writing by Tineli, the customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.

7. The customer shall unconditionally ratify any actions taken by Tineli under clauses 8.3 to 8.5

Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the country as per website’s domain.

 

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