Product Terms of Sale
Hello. We are Jake + Co Trading Limited (called we, us or our below). Here are our Product Terms of Sale (called Terms below) that apply to any product (called a Product below) you (called you or your below) buy from our website. You accept these Terms by placing an order.
How to place Product orders
To place an order you need to provide us your details. Please only provide your own, accurate details so we can make sure your Products get to you.
You place an order by selecting your Products and making payment at the checkout. Your order is accepted by us when we receive your payment.
Purchase limits
We may limit the total number of a Product you can purchase in one transaction.
We may sometimes be unable to fulfil your order, or need to cancel your order, for example if a Product is out of stock or your payment is unsuccessful. If payment has been processed, we will refund you using the same payment method. We are not responsible for any failure to fulfil an order or any order cancellations, except as required by law.
Product delivery
We will dispatch a Product after we receive payment. We may dispatch your order in one delivery or in instalments.
We use a third-party courier service to deliver our Products.
We will provide you an expected delivery time frame when you place your order. Please contact us if you have not received your Product(s) within this timeframe so we can help track it down. Please note all delivery times we give are estimates only.
You must accept a Product even if it is delivered outside the delivery window we have estimated. If you refuse delivery, we may charge extra for redelivery or storage.
If a Product is lost or damaged in transit, we will offer you a replacement or refund.
Products are only available for delivery in New Zealand & Australia. Products can only be delivered to street addresses (not PO Box addresses).
If there is an error with your delivery details, please contact us so we can try to change the details. If it is too late to change the details, there may be a delay to the delivery of your Product and we may charge a re-delivery fee.
After delivery
Delivery is complete when a Product has been delivered to the address you provided or your delivery person picks it up (if you arrange delivery separately).
After delivery, you are responsible for the Product (and you will need to obtain any insurance you need).
Product returns and exchanges
You may return a Product if it is faulty, for example, if it does not meet our guarantees, or it is not what you ordered. Please let us know of any Product faults as soon as possible by emailing info@jakeandco.co.nz and describing the fault. Please include the order number and photos of the fault (if possible). We may also ask you to send the Product back to us and, if the Product is confirmed as faulty or incorrect, we will refund you any postage fees.
If the fault is not substantial and can be remedied, we will choose to provide you with a replacement, repair or refund. If the fault is substantial and cannot be remedied, you are entitled to choose a refund or replacement. Any refunds will be provided to the original payment method.
We offer credit and exchanges for Products if they are returned within 7 days business days of purchase, unused and in original packaging (if relevant).
The following Product(s) are not able to be returned for a change of mind: Teething Rings & Dummies/Pacifiers, Dummy Chains
Pricing
All prices displayed on the website are in NZ dollars and are inclusive of New Zealand Goods and Services Tax (GST) where applicable.
Prices are subject to change. If we become aware of an error with a displayed price, we will fix it as soon as possible. All prices are as shown on the website unless we have made an obvious mistake with a price. If there is an obvious mistake (such as we have charged much less than what the price should have been), we may cancel an order you have placed.
Please ensure you select the correct delivery fee. For example if you have a rural address, please ensure you select rural delivery when you check out.
Promotions
We may sometimes offer a lower price for a Product for a set period of time. The following terms apply to promotions:
A promotion will usually finish at the end of the promotion period or when stock is sold out (whatever happens first). However, we may choose to end a promotion early. We may sometimes run a short promotion without an expiry date (eg. to clear stock).
All promotion dates and times are New Zealand standard time.
If a promotion has a minimum purchase requirement, GST and delivery fees will not count towards the minimum purchase amount.
To use a discount code, you must meet the requirements of the promotion (as set out in the promotion). A discount code cannot be transferred to another customer, is only valid for the stated period (unless cancelled earlier by us) and cannot be resold or exchanged for cash. You can only use one discount code per order.
Additional terms and conditions may also apply to promotions and giveaways, we will post these on our website.
Payment
You must pay for your Products including all delivery charges before we will send them to you.
You can pay using AfterPay, Apple Pay, by internet banking transfer, Debit card, Google pay, Mastercard and Visa.
You may be directed to the payment provider’s website to complete payment. Their terms and conditions will also apply to your transaction.
Your responsibility for Product use
You must only use a Product for its intended purpose and you must comply with any instructions on a Product or its packaging. If you use a Product for any other purpose, you take responsibility for the result.
If a Product is subject to a recall or ban, you must follow any reasonable instructions we provide (which may include returning or destroying a Product) and usually we will provide you a refund.
Our Product Guarantees
We guarantee all Products will:
be of an acceptable quality
last for a reasonable amount of time, and
be fit for any purpose described on the packaging (or that we have otherwise told you), and correspond with any description, sample or demonstration provided.
What we can’t guarantee
We always aim to show Products and measurements accurately on the website but sizes, colours, textures, packaging and measurements may differ from what is displayed.
Other than as set out in these Terms, or required by law, we do not provide any warranties or guarantees for our Products. You are responsible for choosing the correct product for your purposes.
Your rights under Consumer Law
If you are in New Zealand and a consumer of our Products (for your personal use), you have certain rights under the New Zealand Consumer Guarantees Act 1993 (CGA), the Fair Trading Act 1986 and other New Zealand consumer law (Consumer Law). If we have not met our obligations to you under Consumer Law, you may be entitled to remedies. Nothing in these Terms excludes, restricts or modifies your rights under Consumer Law. You and we agree the CGA does not apply to any Products you purchase for commercial or business purposes.
We will not pay you any more than we are required to under Consumer Law for any costs or other loss you experience related to any Products you purchase from our website.
When you must cover us for our loss
You must pay us the full amount of any costs or loss we experience because of your use of our Products, or your breach of these Terms. This includes where another person makes a legal claim against us for something you do.
Changes to the Terms
We may change these Terms at any time by posting the new Terms on the website. The new Terms will apply to any Products purchased after the new Terms are uploaded. You should check the latest version of the Terms before you purchase any Products.
Our other terms
Our Website Terms (available below) also apply to your use of the website. Our privacy policy (available at www.jakeandco.co.nz/privacy-policy) sets out our commitments regarding personal information we collect from you.
The law that applies to these Terms
New Zealand law applies to these Terms. Any dispute relating to these Terms that we cannot resolve with you must be resolved in the New Zealand courts. Although the website may be accessed from countries outside New Zealand, we cannot guarantee the Products comply with the laws in any country other than New Zealand.
Website Terms of Use
Here are our Website Terms of Use for www.jakeandco.co.nz (called Website below) that apply to you (called you or your below) while you use the Website. You accept these Terms by using the Website.
Your right to use the Website and content
You may view and print (for personal use only) the content on the Website to get information about the products we provide. We can remove this right and it is not exclusive to you.
If you would like to link to our Website from your website, please contact us for prior permission (which we may withdraw later).
Personal use only
The Website is for your personal use only and you must not use it for any commercial purposes. You must not:
copy, store or distribute the Website’s content
use the Website to redirect users to other websites or encourage users to visit other websites, or
share your password or login information for the Website with anyone else.
Don’t harm the Website
You must not:
alter the Website or use the Website in a way that could interfere with the performance of the Website or any other user’s use of the Website
disable or interfere with any security-related features of the Website
use any programs, scripts, bots or other automated technology to scrape or access the Website or hijack user accounts or log-in sessions
introduce viruses, malicious code or similar material that could harm or interfere with the Website or other users of the Website, or
harm the Website in any other way.
Don’t harm others
You must not use the Website:
for any offensive, unlawful, discriminatory, threatening, fraudulent or harmful purposes or for any activity that violates the rights of others
for any phishing, trolling or similar activities
to defraud, scam, hack, swindle or deceive other users of the Website
to collect contact information of other users or to send any unsolicited communication to other users, or
to impersonate any other person or organisation.
Our rights
We are allowed to:
change the Website, including its content or functionality
cancel or remove the Website
monitor your use of the Website (subject to our privacy obligations), or
if you fail to comply with these Terms or breach any laws, block your use of the Website, remove any content uploaded by you, or take legal action against you.
Intellectual Property rights
All intellectual property rights in the Website and its content, including in the text, graphics, logos, design, structure, expression, look and feel and arrangement of content and any software used by the Website (called IP), are owned by us or our suppliers or licensors. Your use of the Website does not grant any ownership rights in our IP to you or anyone else.
You may only use our IP to view or use the Website and not for any other purposes.
You must not modify or incorporate our IP into any other work, publication or website.
We can withdraw this right to use our IP, it is not exclusive to you, and you cannot transfer it to anyone else.
Information on the Website
We aim to list current and accurate product information on the Website at all times. However, it is possible errors may occur. We do not guarantee any content on the Website is accurate, complete, or fit for your purposes.
Any statements by other people or content included by other people on the Website are the views of that person and may not represent our views.
Any reviews on the Website are provided by users of our products based on their experiences. You may not experience the same results.
Your rights under Consumer Law
If you are in New Zealand, you have certain rights under the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other New Zealand consumer law (Consumer Law). If we do not meet our obligations to you under Consumer Law, you may be entitled to remedies. Nothing in these Terms excludes, restricts or modifies your rights under Consumer Law.
We will not pay you any more than we are required to under Consumer Law for any costs or other loss you experience related to your use of (or inability to use) the Website. This includes your reliance on, or any errors in, information on the Website, any malicious technologies that, through your use of the Website, infect your device or systems, and any data loss or corruption.
The things we can’t guarantee
The internet is not secure and therefore we can’t guarantee security of your data during transmission to or from the Website.
We can’t guarantee the Website is totally secure or virus-free, even though we have reasonable security measures in place to protect any personal information you provide us. The Website is provided “as is”.
We do not guarantee or commit to any standards regarding the Website quality, performance or fitness for purpose, or that your use of the Website will be faultless, timely or continuous.
We do not give guarantees or assurances about other people’s products on the Website.
The Website may contain links to other websites operated by other people that we do not control. We do not endorse or approve those websites and we have no liability for the content or security of those websites. Please be aware the privacy policies for those websites may be different from ours.
When you must cover us
You must pay us the full amount of any costs or loss we experience because of your access to, or use of, the Website or your failure to comply with these Terms or any applicable law. This includes if you damage the Website or if another person makes a claim against us for something you do.
Changes to the Terms
We may change these Terms at any time by posting the new Terms on the Website. By continuing to use the Website after the new Terms are posted, you agree to the new Terms.
Our other terms
Our Product Terms of Sale (available above) apply where you purchase any products from the Website. Our Privacy Policy (available at www.jakeandco.co.nz/privacy-policy) sets out our commitments regarding personal information we collect from you.
The law that applies to these Terms
New Zealand law applies to these Terms. Any dispute relating to these Terms or the Website that we cannot resolve with you must be resolved in the New Zealand courts. Although the Website may be accessed from countries other than New Zealand, we cannot guarantee that the Website or the products shown on the Website comply with the laws in any country outside New Zealand.