contents

overview

We get it, privacy stuff is a pain in the brolly. It's not something you should have to worry about, as such we're really trying to make it all clear and easy for you

The services we use are very secure, and as such your personal data is too. However, you're probably here because you've heard about "cookies" and advertising practices elsewhere on the interweebs. Like the vast majority of online businesses we use cookies, and other tracking methods to advertise to visitors of this site, you included. We don't sell this data, or use it for nefarious purposes.

We do however use it to advertise to you in places like Facebook, Instagram, Google, and YouTube; if you're not happy with that, click on the cookies link below and follow the instructions to disable cookies. We apologise if these ads have annoyed you :(

cookies

introduction

Madeblunt Limited, trading as Blunt, (we, us, our) uses cookies to monitor your use of our websites (www.bluntumbrellas.co.nz and www.bluntumbrellas.com/nz), perform analytics and deliver marketing that is relevant to you. Your continued use of our websites and related services will signify your acceptance of this cookies policy and your agreement for us to use the cookies described in this policy.

This policy explains how we use cookies, how third parties may set cookies or similar technologies across the website to enable third party features or functionality and your choices in relation to cookies, including how to opt-out of cookies.

This policy should be read in conjunction with our privacy policy. If this cookies policy does not provide the information you were looking for, or if you have further question about the use of cookies on our website, please email dataprotection@bluntumbrellas.com

changes to this policy

We may modify this policy without notifying you, so we encourage you to check this policy from time to time. We may change this policy by uploading a revised policy onto our website. Unless stated otherwise, the change will apply from the date that we upload the revised policy.

This policy was last updated on 25/05/2018

what are cookies

Cookies are text files containing small amounts of information which are downloaded to your browsing device, e.g. a computer or smartphone, when you visit a website. Cookies can be recognised by the website that downloaded them, or other websites that use the same cookies. This helps websites know if the browsing device has visited them before.

Cookies do lots of functions, like helping us understand how the website is being used, letting users navigate between pages effectively, remembering your preferences, and generally improving your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.

In this policy, we also use the term cookie to refer to similar technologies such as web beacons. A web beacon (also known as a pixel tag or clear gif) is a small string of code that presents a clear graphic image and is used in conjunction with a cookie. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages or in emails. A web beacon allows us to capture certain additional types of information about a visitor's actions on a web site, such as a visitor's cookie number, the time, date, duration and number of page views, a description of the page where the beacon is placed and details about any items that were purchased. Web beacons help us analyse our customers' online behaviour and measure the effectiveness of our website and our advertising. We work with service providers that help us track, collect and analyse this information.

what types of cookies do we use

The types of cookies used by most websites can generally be put into five categories: strictly necessary, performance, functionality, tailored content and targeting. You can see what cookies we use here.

Strictly necessary cookies

These cookies are essential for the full functionality of our website. They enable you to navigate around our website and use their features, such as accessing secure areas. Without these cookies, you may not be able to access all the functions of our website.

Performance Cookies

These cookies collect information about how you use our website or our services, e.g. which pages are the most visited and if you receive any error messages from any pages. These cookies do not gather information that identifies you. All information these cookies collect is anonymous and only used to improve how our website works and our provision of services to you.

Functionality cookies

These cookies allow our website to remember the choices you make, e.g. your user name, language or region. They may also be used to provide services you have requested, e.g. commenting on a post. The information these cookies collect may be anonymous and they cannot track your browsing activity on other websites.

Tailored content cookies

These cookies help our website provide enhance features and display content in a way that is relevant to you. They help determinate what information is shown on our website based on how you have used our website and our services previously. These cookies also track your browsing activity on other websites.

Targeting cookies

These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you seen an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information may be shared with other organisations such as advertisers. This means that after you have been to our website, you may see some advertisements about our products elsewhere on the internet.

You may opt-out of targeted advertising at http://www.youronlinechoices.eu/. You can learn more about interest-based advertising and opt out of interest-based advertising from participating online advertising companies at the following links:

Network Advertising Initiative (NAI) – http://optout.networkadvertising.org/

Digital Advertising Alliance (DAA) – http://optout.aboutads.info/

Digital Advertising Alliance EU (EDAA) – http://www.youronlinechoices.com/

DAA AppChoices page – http://www.aboutads.info/appchoices

Please note that opting out of interest-based advertising does not mean you will no longer be served advertising. You will continue to receive generic ads.

how long will cookies stay on my browsing device?

The length of time a cookie will stay on your browsing device depends on whether it is a persistent or session cookie. Session cookies will only stay on your browsing device until you stop browsing.

Persistent cookies will stay on your browsing device until they expire or are deleted.

first and third party cookies

First party cookies are cookies that belong to Madeblunt Limited, while third party cookies are cookies that another party places on your browsing device through our website.

how to control and delete cookies through your browser

The browser you are using to view the website can enable, disable or delete cookies. To do this, please follow the instructions provided for your browser.

Please note that if you set your browser to disable cookies, you may not be able to access certain parts of the website. Other parts of the website may also not work properly. You can find out more information about how to change your browser cookie settings at http://www.aboutcookies.org.uk/

third party website cookies

Other websites, including those of our global distributors, may use different cookies from those we use. You acknowledge and agree that we are not responsible for any third party websites or applications and you access third party websites and applications at your own risk. Please understand other websites and applications are independent from us so you must inform yourself of their separate cookie policies. Our distributors’ websites include any subsite of www.bluntumbrellas.com (other than the /nz subsite) and any bluntumbrellas website with a top level domain other than .nz.

cookies we use at the date of this policy

Type of cookie Who serves these cookie How to turn these off and further information
Strictly necessary cookies

Madeblunt

Because these cookies are strictly necessary to deliver the website to you, you cannot refuse them. You can block or delete them by changing your browser settings however, as described under the above heading “how to control and delete cookies through your browser?”
Performace cookies

Shopify

Google Analytics

Inspectlet

To refuse these cookies, please follow the instructions under the above heading “how to control and delete cookies through your browser?”

(inspectlet privacy policy) https://bit.ly/2GMs1EG

Functionality Cookies

Shopify

Okendo

To refuse these cookies, please follow the instructions under the above heading “how to control and delete cookies through your browser?”
Tailored content cookies

Google Analytics

To refuse these cookies, please follow the instructions under the above heading “how to control and delete cookies through your browser?”

Further information:

Information about Google’s cookies is available from: https://policies.google.com/technologies/types. Google’s applicable privacy policy for Google Analytics cookies is available at: https://policies.google.com/technologies/partner-sites.

Targeting Cookies

Facebook Pixel

DoubleClick (Google)

SnapChat Pixel

Rubicon Pixel

To refuse these cookies, please follow the instructions under the above heading “how to control and delete cookies through your browser?”

To turn off personalised google ads;

https://support.google.com/ads/answer/2662922?hl=en

And how to turn off/opt of most ad services (the vast majority of which Blunt™ does not use);

http://optout.networkadvertising.org/?c=1#!/

privacy

introduction

Madeblunt Limited, trading as Blunt, (we, us, our) is a New Zealand company and complies with the New Zealand Privacy Act 1993 (NZ Privacy Act) and other applicable privacy and data protection laws when dealing with personal information. Personal information is information about an identifiable individual (a natural person).

This policy sets out how we will collect, use, disclose and protect your personal information when you access and use our websites (www.bluntumbrellas.co.nz and www.bluntumbrellas.com/nz), purchase products from us or have other dealings with us. This privacy policy should be read in conjunction with our cookies policy.

If you are based in the European Union and use our websites or have other dealings with us, the additional GDPR terms set out below (GDPR Terms) apply to you.

This policy does not limit or exclude any of your rights under the NZ Privacy Act and other applicable laws. If you wish to seek further information on the NZ Privacy Act, see www.privacy.org.nz.

This privacy policy does not cover personal information collected and held by our distributors in countries outside New Zealand. Our distributors are independent businesses and, subject to the applicable privacy and data protection laws in the jurisdictions in which they operate. We suggest that you review the privacy policy of the relevant distributor before you provide personal information to that distributor through its website or otherwise. Our distributors’ websites include any subsite of www.bluntumbrellas.com (other than the /nz subsite) and any bluntumbrellas website with a top level domain other than .nz.

changes to this policy

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.

This policy was last updated on 30/05/2018

what personal information do we collect and how we do we collect it?

When you visit our websites, purchase products from us or have other dealings with us we collect the following information:

  • Personal information that you provide directly to us, including:
    • when you place an order for products available on the website, your name, email address, delivery address, your phone number
    • if you sign up for an account on the website, your name and email address
    • if you sign up for our newsletter or other notifications, your email address /or first name
    • any information contained in your correspondence with us, for example, when you send us an email, phone us or submit an enquiry through the website, including your name, email, country of residence and phone number
    • if you provide feedback, including submitting any feedback to the website or in response to an email, any information contained in your in your feedback
    • information about your transactions with us
    • any other information provided by you in the course of your dealings with us.
  • ‘Clickstream’ information that is recorded when you click anywhere in a webpage, such as your IP address, geographical location, operating system and browser type.
  • Third parties where you have authorised this, including when you click to purchase products on our website via Facebook, or the information is publicly available.
  • Information collected through our use of cookies or similar technologies. Please refer to our cookies policy for further information, including information on how you can disable these technologies.

You may be asked to provide billing information in relation to this website when purchasing our products, including your billing address and credit card information. We primarily use ShopifyPayments gateway to process credit card transactions. We do not have access to your credit card information. You can view the ShopifyPayments privacy policy at: https://www.shopify.co.nz/legal/terms-payments-us

how we use your personal information

  • We will use your personal information provided directly by you:
    • to verify your identity
    • to provide our websites and products to you
    • to market our products to you, including by contacting you electronically (e.g. by text or email for this purpose). You can stop receiving our promotional emails by following the unsubscribe instructions included in those emails
    • to improve our websites and products that we provide to you
    • to bill you and to collect money that you owe us, including authorising and processing credit card transactions
    • to respond to communications from you.
  • We use information generated by your access or use of our websites
    • to monitor the performance of the website to ensure that it performs in the best manner possible
    • for security and system integrity purposes]
    • to tailor content or advertisements to you. For further information, please refer to our cookies policy.
    • post-purchase customer care
  • We combine information we collect (aggregate) or remove personally identifiable information (anonymise) to conduct research and statistical analysis. This privacy policy does not apply to our use of such aggregated or anonymous information.
  • We may also use your personal information:
    • to protect and/or enforce our legal rights and interests, including defending any claim
    • for any other purpose authorised by you, the Act or other applicable law
    • to respond to lawful requests by public authorities, including to meet law enforcement requirements
    • to transfer your information in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.

disclosing your personal information

  • We may disclose your personal information to:
    • another company within our group
    • our global distributors
    • any business that supports our websites and sales of our products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or our products or that we use to process payments or fulfil orders. The third parties that supports our websites or sales of our products include:
      • MailChimp – a cloud based communications provider that we use to store email addresses and to send emails
      • Shopify – an e-commerce platform we use to provide the shopping functions on our websites
      • Google Analytics – a web analytics service provider that we use to track and report website traffic (on an aggregated and anonymous basis)
      • Okendo – a customer insights product we use to capture feedback relating to our products.
      • Facebook – Customer engagement and retargeting potential customers with tailored ads and/or content.
    • our professional advisers e.g accountants, lawyers, auditors
    • any other person authorised by you
    • a person who can require us to supply your personal information (e.g. a regulatory authority)
    • any other person authorised by the NZ Privacy Act or other applicable law (e.g. a law enforcement agency)
    • any other company in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.
  • We may also disclose research and statistical analysis on an anonymised basis derived from your personal information to third parties.
  • We share information about your use of our websites with our trusted social media, analytics and advertising partners through the use of cookies, web beacons and similar storage technologies. Please refer to our cookies policy for further information.

protecting your personal information

A business that supports our websites or the sale of our products to you may be located outside New Zealand. This may mean your personal information is held and processed outside New Zealand. Please see the GDPR Terms for further information about personal data transfers from the European Economic Area.

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse. We implement appropriate technical and organisational measures to ensure a level of security appropriate to risks inherent in processing personal information.

You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used in relation to our websites. Please do not disclose your password to third parties. Please notify us immediately if there is any unauthorised use of your account or any other breach of security.

accessing and correcting your personal information

Subject to certain grounds for refusal set out in the NZ Privacy Act or other applicable law, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at privacy@bluntumbrellas.com Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

internet use

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you follow a link on our websites to another site, the owner of that website will have its own privacy policy relating to your personal information. This includes the websites or subsites of each of our global distributors. We suggest you review that website’s privacy policy before you provide personal information.

Blunt privacy policy - GDPR terms

If you are based in the European Union (EU) and access and use our websites, purchase products from us, or have other dealings with us, these additional terms (GDPR Terms) form part of our privacy policy.

The General Data Protection Regulation (GDPR) regulates the collection, processing and transfer of EU individuals’ personal data (as defined in the GDPR). The personal information described in our privacy policy is personal data under the GDPR. We are committed to complying with the GDPR when dealing with personal data of our website visitors based in the EU.

For the purposes of the GDPR, we are the data controller (as defined in the GDPR) when processing personal data collected by us through our websites, when you purchase products from us or when you have other dealings with us.

These GDPR Terms was drafted with brevity and clarity in mind. It does not provide exhaustive detail of all aspects of our collection and use of personal data. However, we are happy to provide any additional information or explanation needed. Any requests for further information should be sent to privacy@bluntumbrellas.com

processesing personal data

The personal data we may process consists of the personal information described in our privacy policy. This personal data may be processed for the purposes outlined in our privacy policy.

The legal basis for our processing of personal data depends on the type of personal data and the specific context in which we collect it. However, we normally process personal data only where (a) we have your consent to do so, (b) we need to process personal data to perform a contract with you (e.g. to provide our products to you), or (c) the processing is necessary for the purposes of our legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).

Despite the above, we may process any of your personal data where such processing is necessary for compliance with applicable laws.

You do not have to provide us with some personal data that is automatically collected when you use our websites e.g. cookies. However, you will be required to provide us with your name, email address, phone number or postal address when you purchase products from us. The consequence of not providing this personal data is that we will not be able to fulfil your orders for products. You will be required to provide us with your name and email address if you want to set up an account on our websites or receive our newsletter.

your rights

Your rights in relation to your personal data under the GDPR include:

  • right of access - if you ask us, we will confirm whether we are processing your personal data and provide you with a copy of that personal data
  • right to rectification - if the personal data we hold about you is inaccurate or incomplete, you have the right to have it rectified or completed. We will take every reasonable step to ensure personal data which is inaccurate is rectified. If we have shared your personal data with any third parties, we will tell them about the rectification where possible
  • right to erasure - we delete your personal data when it is no longer needed for the purposes for which you provided it. You may request that we delete your personal data and we will do so if deletion does not contravene any applicable laws. If we have shared your personal data with any third parties, we will take reasonable steps to inform those third parties to delete such personal data
  • right to withdraw consent - if the basis of our processing of your personal data is consent, you can withdraw that consent at any time
  • right to restrict processing - you may request that we stop processing your personal data at any time and we will do so to the extent required by the GDPR
  • right to object to processing - you may obtain your personal data from us that you have consented to give us or that is necessary to perform a contract with you. We will provide this personal data in a commonly used, machine-readable and interoperable format to enable data portability to another data controller. Where technically feasible, and at your request, we will transmit your personal data directly to another data controller
  • right to data portability - you may obtain your personal data from us that you have consented to give us or that is necessary to perform a contract with you. We will provide this personal data in a commonly used, machine-readable and interoperable format to enable data portability to another data controller. Where technically feasible, and at your request, we will transmit your personal data directly to another data controller
  • rights related to autonomous decision making, including profiling - you have a right to not be subject to a decision based solely on automated processing including processing, which produces legal effects concerning you or similarly significantly affects you, except where such automated decision making is necessary for entering into, or the performance of, a contract with you, is authorised by applicable laws or is based on your explicit consent
  • the right to complain to a supervisory authority - you can report any concerns you have about our privacy practices to the relevant data protection supervisory authority

Where personal data is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing.

If you would like to exercise any of your above rights, please contact us at privacy@bluntumbrellas.com If you are not satisfied by the way we deal with your query, you may refer your query to your local data protection supervisory authority e.g. in the United Kingdom, this is the Information Commissioner’s Office.

children

We do not intend to collect personal data from children aged under 16. If you have reason to believe that a child under the age of 16 has provided personal data to us through our websites and through other dealings with us, please contact our data protection officer.

international transfer of data

The personal data we collect through our websites or when you purchase products from us or have other dealings with us may be transferred to, and stored in, a country operating outside the European Economic Area (EEA). Under the GDPR, the transfer of personal data to a country outside the EEA may take place where the European Commission has decided that the country ensures an adequate level of protection.

In the absence of an adequacy decision, we may transfer personal data provided appropriate safeguards are in place.

Some of the personal data we collect is processed in New Zealand (where our operations are located). New Zealand is recognised by the European Commission as a country that ensures an adequate level of data protection and we rely on this decision in transferring personal data from the EEA to New Zealand.

Transfers to our global distributors

As noted in our privacy policy, if you access and use our websites, purchase products from us or have other dealings with us, we may transfer personal data outside the EEA to our third party global distributors. Such transfers may be subject to an adequacy decision under Article 45, depending on the location of the distributor. If the distributor is not located in a country subject to an adequacy decision, transfers of personal data will be subject to adequate safeguards under Article 46 of the GDPR, namely, we have entered into Standard Contractual Clauses as published by the European Commission with our distributors. The Standard Contractual Clauses provide specific guarantees around transfers of personal data and we rely on the Standard Contractual Clauses in transferring personal data to our distributors located in countries without an adequacy decision.

Transfers to other third party processors

The personal data we collect is also processed by the third party processors set out below.

For personal data processed in the United Sates, the European Commission has determined that the United States ensures an adequate level of protection for personal data transferred from the EU to organisations in the United States under the EU-U.S. Privacy Shield. We have verified that our United States-based data processors have self-certified under the EU-US Privacy Shield framework.

For data held outside the EEA or the United States, we have entered into Standard Contractual Clauses as published by the European Commission with our third party processors.

List of third party processors as at 24 May 2018:

Third party processor Purpose Location of processor Policy pages
Google, Inc. Analytics USD https://policies.google.com/privacy?hl=en&gl=nz
MailChimp Email service provider USD https://mailchimp.com/legal/privacy/
Shopify E-commerce platform USD https://www.shopify.com/legal/privacy
Okendo Customer management USD https://www.okendo.io/privacy-policy/
Facebook Marketing / tailored adverting USD https://www.facebook.com/policy.php

data retention policy

Personal data that we collect and process will not be kept longer than necessary for the purposes for which it is collected, or for the duration required for compliance with applicable law, whichever is longer.

contacting us

You can contact us as set out in our privacy policy.

The contact details of our European representative is privacy@bluntumbrellas.com

terms of service

1. applications of terms

  • These Terms apply to your use of the Website and to any order for, or purchase of, Products you make via the Website. By accessing and using the Website, or ordering or purchasing Products via the Website:
    • you agree to these Terms; and
    • where your access and use are on behalf of, or you order or purchase Products on behalf of, another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
  • If you do not agree to these Terms, you are not authorised to access and use the Website, or to order, purchase (or attempt to order or purchase) Products from us via the Website, and you must immediately stop doing so.
  • These Terms do not apply to any purchase of any of our products you make via a third party.

2. changes

  • We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website or ordering or purchasing Products from us via the Website, you agree to be bound by the changed Terms.
  • We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
  • These Terms were last updated on 24/05/2018

3. definitions

  • in these Terms:
  • Account ID means your email address and password combination that allows you to access certain parts of the Website
  • GST means goods and services tax, value added tax, sales tax or equivalent tax payable under any applicable law
  • including and similar words do not imply any limit
  • Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
  • personal information means information about an identifiable, living person
  • Product means any product advertised or purchased through the Website
  • Terms means these terms and conditions titled Website Terms of Use and Terms of Sale
  • Third Party Charges means any fees charged by third parties in relation to your transaction, including any taxes, duties or other liabilities imposed by any governmental agency (including any customs duty), credit card transaction fees and foreign currency conversion fees
  • Underlying System means any network, system, software, data or material that underlies or is connected to the Website
  • We, us or our means Madeblunt Limited, New Zealand company, company number 1750232
  • Website means www.bluntumbrellas.co.nz and www.bluntumbrellas.com/nz
  • You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting

4. your genereal obligations

  • You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete.
  • If you are given an Account ID, you must keep your Account ID secure and:
    • not permit any other person to use your Account ID, including not disclosing or providing it to any other person; and
    • immediately notify us if you become aware of any unauthorised use or disclosure of your Account ID, by sending an email to privacy@bluntumbrellas.com
  • You must:
    • not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
    • unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
  • You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to info@bluntumbrellas.com
  • To the maximum extent permitted under applicable law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

5. orders

  • When you place an order for Products via the Website:
    • you confirm that:
      • you are legally entitled to purchase those Products;
      • you are bound by these Terms in relation to that order, subject to our acceptance of that order;
  • you are making an offer to buy the Products, and we are not bound by that order until we have accepted it;
  • our acceptance of your order occurs when we issue you an email confirming receipt of your order; and
  • d you may not cancel or alter any order that we have accepted, in whole or in part, without our prior written consent.
  • We reserve the right to accept or reject your order in whole or in part, or to cancel any order that we have accepted in whole or in part at any time prior to shipment of the Products, for any reason including, without limitation, the unavailability of any Products, an error in the price or the description of Products on the Website, an error in your order, or us not receiving payment in full. Where we cancel an order in whole or in part after we have accepted it, we will notify you of the cancellation by email and will refund your payment in accordance with clause 7.3a but will have no other obligations to you in respect of the order (or the cancelled part of the order, as applicable).

6. delivery

  • Any time stated for delivery is an estimate only. We are not liable to you or any other person for any failure to meet a stated time for delivery and any such failure does not affect your obligation to pay for the Products.
  • If you request us to deliver the Products to another person, or if a person other than you takes possession of the Products at your requested delivery address, that person takes possession of the Products as your agent and you remain fully liable to us under these Terms despite delivery to that other person.
  • Risk in the Products passes to you when we deliver the Products to your designated delivery address in accordance with these Terms (whether or not you take delivery). If the Products are lost or damaged in transit, please contact us at info@bluntumbrellas.com We will use this delivery information to make a claim against our shipping company. We will offer you the choice of a replacement or a refund, once we have received confirmation from our shipping company that delivery was not successful.
  • Subject to our receipt in full of your payment for the Products, title in the Products passes to you on delivery.

7. prices and payment

  • On placing an order for Products via the Website, you must pay:
    • the price, shipping and handling charges for those Products stated on the Website;
    • GST on any taxable supplies; and
    • any applicable Third Party Charges.
  • We accept payment via ShopifyPayments (Powerd by Stripe), and afterpay NZ
  • We will refund to you an amount that you have paid to us, other than any Third Party Charges, only:
    • where we have received payment from you in relation to an order (or part of an order) that we do not accept or that we cancel;
    • when the product returns in its original state, and packaging (tube etc.) is undamaged, and original tags are attached.
    • as required by law.
    We will remit any amounts payable by us to you by crediting the credit card from which your payment was made.
  • We may recover from you all Loss incurred by us as a result of your failure:
    • to take delivery when the Products are made available to you, including any storage costs; or
    • to pay any amount payable by you under these Terms, including any costs of debt recovery.

8. intellectual property

  • We (and our licensors) own all proprietary and intellectual property rights in the Products, the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) and the Underlying Systems.
  • You must not copy, reproduce, adapt, translate, reverse-engineer or make derivative works from the whole or any part of:
    • the Products or their underlying designs or technology; or
    • the Website or the Underlying Systems.

9. warranties

  • Our warranty for the Product (Product Warranty) is five years from the date of purchase, for items that fail with reasonable use. If you run your umbrella over, set it on fire, simply lose it, or other non-manufacturing issues, you will not meet our reasonable warranty terms.
  • Where any Product you have purchased does not meet the Product Warranty or any condition, warranty or gaurantee implied at law and for which we cannot exclude liability we will, at our cost, repair or replace the defective Product, or refund or offer you a reduction in the price of the Product, as set out in the Product Warranty and in accordance with our rights and repsonsibilities at law.
  • If you are acquiring the Products for the purpose of a business, you agree that the Consumer Guarantees Act 1993 or other applicable consumer protection laws do not apply to the supply of the Products.
  • Where you reasonably believe that your Product does not meet the Product Warranty, or you have received an incorrect Product, please contact us at info@bluntumbrellas.com and we will arrange with you the process for:
    • returning the Products to us; and/or
    • determining if the Product Warranty applies; and/or
    • providing you with any remedy to which you may be entitled.
  • Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees under the Consumer Guarantees Act 1993, or any other implied warranties or guarantees that cannot be limited, excluded or modified by law.

10. disclaimers

  • To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
    • any Product being unavailable;
    • the Website being unavailable (in whole or in part) or performing slowly;
    • any error in, or omission from, any information made available through the Website;
    • any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
    • any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

11. liability

  • Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
  • To the maximum extent permitted by law:
    • you access and use the Website at your own risk; and
    • we are not liable or responsible to you or any other person for any Loss in connection with the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
  • To the maximum extent permitted by law:
    • our total liability to you in connection with claims relating to the Products must not exceed the purchase price paid by you for the Products;
    • our total liability to you for all other claims under or in connection with these Terms, or (to the extent clause 11.2 does not apply to limit or exclude any liability) in connection with the Website or your access and use of (or inability to access or use) the Website, must not exceed NZD100 and
    • we are not liable to you for any:
      • loss of profit, revenue, savings, business and/or goodwill; or
      • consequential, indirect, incidental or special damage or loss of any kind.

12. privacy policy

  • You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to deliver Products to you or to provide you with updates about our Products or our Website.
  • When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 and our Privacy Policy.
  • We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. For further information, please refer to our Cookies Policy.

suspension and termination

  • Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
  • If you wish to have your website account deleted, please contact us at dataprotection@bluntumbrellas.com
  • On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

13. general

  • If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
  • These Terms, and any dispute relating to these Terms or the Products or Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Products or Website.
  • A reference to you or us includes a reference to that party's executors, administrators, successors and permitted assigns.
  • For us to waive a right under these Terms, the waiver must be in writing.
  • Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 8, 9, 10, 11 and 14.1, continue in force.
  • If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
  • These Terms set out everything agreed by the parties relating to your use of the Website and the supply of the Products and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Products or the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

Don't hesitate to get in touch if you have any queries. We like talking to people.

dataprotection@bluntumbrellas.com

This page was last updated on: 31/05/2018

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