Terms & Conditions
Welcome to this website (https://patricianurchandra.com/) operated by Patricia Nurchandra, a New Zealand-based designer. By accessing and using this website and the related products and services, you confirm that you have read and agree to the following terms and conditions (the Terms and Conditions). These Terms and Conditions may be changed at any time.
1. Definitions
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
"Content" means information and/or data in any form published on this Website.
"Post" means place on this Website any Content or material of any sort by any means.
“Product” means anything we offer for sale on this Website.
"Website" means all of the hardware and software installation that enables this Website to function.
2. Interpretation
In this agreement unless the context otherwise requires:
2.1 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2 in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to;
2.5 these terms and conditions apply to all supplies of a Product, Service or Licensed Products by us. They prevail over any terms proposed by you.
2.6 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our Contract
3.1 If you use this Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.2 In entering into this contract you have not relied on any representation or information from any source except the Website.
3.3 You acknowledge that you are satisfied that the Product or Service you have selected is suitable and satisfactory for your requirements;
3.4 The Products and Services you buy on the Website are supplied both by us.
3.5 These terms apply to all your purchases.
3.6 When you click to buy a Product or Service from us, in law you are offering to buy. Your contract with us is made only on the first to happen of:
3.6.1 we send a Product to you; or
3.6.2 we authorise you to download a Product; or
3.6.3 you have sent a completed instruction to us and paid for the Service you have ordered and we have started work for you.
3.7 Every Product or Service you buy which is separately identifiable is the subject of a separate contract. Accordingly, performance or breach of one contract does not affect any other.
3.8 The price of any Product or Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy.
3.9 Services will be delivered by your free download, by e-mail or by both of these, at our choice.
3.10 You agree that you are bound by these terms (or the latest version of them) for all Products and Services ordered through the Website.
3.11 You agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at $200 per hour in dealing with your breach. You also agree that this provision is reasonable.
4. Website charges
The prices payable for the Product and/or Services are clearly set out on the Website, and include tax.
5. Security of your credit card
5.1 We take care to make the Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
5.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated with us.
6. Delivery of the Products or Services
6.1 Products and/or any other Services supplied personally will be delivered within an estimated time frame.
6.2 Products and/or Services supplied instantaneously or almost so, will be delivered by e-mail or by your own down-load from the Web Site.
6.3 We accept no responsibility for problems you may have in making payment through a web page of our payment service provider or in down-loading any Product and/or other Service.
7. Liability for subsequent defects
7.1 Please check the Product and/or Services received from us immediately as soon as you receive it.
7.2 If you find an error in the Product and/or Services, you must tell us by email
to info@patricianurchandra.com.
7.3 The procedure to report an error is as follows:
7.3.1 You must report to us at info@patricianurchandra.com as soon as any error is discovered but not later than 3 days from receipt by you.
7.3.2 include a photo of the error/ damaged item and your order number, and tell us clearly what is the error you complain of to enable us to identify it.
7.4 If we agree that the Product is faulty, then we shall:
7.4.1 immediately send a new replacement to you, or
7.4.2 refund the full cost you have paid.
8. Disclaimers and limitation of liability
8.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
8.2 All implied conditions, warranties and terms are excluded from this agreement.
8.3 We make no representation or warranty that any Product or Service will be:
8.3.1 useful to you;
8.3.2 of satisfactory quality;
8.3.3 fit for a particular purpose;
8.3.4 available or accessible, without interruption, or without error.
8.4 We shall not be liable to you for any loss or expense which is:
8.4.1 indirect or consequential loss; or
8.4.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
8.5 If you become aware of any breach of any term of this agreement by any person, please tell us by email to info@patricianurchandra.com.
8.6 We are not responsible for any action you decide to take as a result of buying a Product or using a Service.
9. Content you Post to the Website
You agree that you will not use or allow anyone else to use the Website to post any Content which is or may:
9.1 be information which could promote or assist any unlawful purpose;
9.2 be malicious or defamatory;
9.3 consist in commercial audio, video or music files;
9.4 be illegal, obscene, offensive, threatening or violent;
9.5 promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
9.6 be likely to harass, intimidate, bully, or alarm any other person;
9.7 solicit passwords or personal information from anyone;
9.8 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person
9.9 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
9.10 link to any of the material specified in this paragraph.
10. Security of Our Website
If you violate the Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
10.1 modify, copy, or cause damage or unintended effect to any portion of the Website, or any software used within it.
10.2 link to our site in any way that would cause the appearance or presentation of the Website to be different from what would be seen by a user who accessed tur Website by typing the URL into a standard browser;
10.3 download any part of the Website, without our express written consent;
10.4 collect or use any product listings, descriptions, or prices;
10.5 collect or use any information obtained from or about the Website or the Content except as intended by this agreement;
10.6 aggregate, copy or duplicate in any manner any of the Content or information available from the Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
10.7 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
10.8 upload or republish any part of our Content on any Internet, intranet or extranet site;
10.9 share with a third party any login credentials to the Website;
use the Website to assist in:
- data mining, extraction or collection;
- performing any automated operation.
11. International Property Rights
All of our designs are original artworks. Patricia Nurchandra is the creator of these artworks. PATRICIA NURCHANDRA DESIGNS is the registered owner of all intellectual property rights to them. Any commercial use of our products or the artwork that appears on them is permitted only with the approval of the copyright holder. For inquiries, please contact info@patricianurchandra.com. Please note that any infringement or abuse of copyrights will not be tolerated.
12. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of the Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
13. Miscellaneous matters
13.1 You undertake to provide to us your correct and current land address, e-mail address, telephone and fax numbers with all information that we may require to enable us to fulfill our obligations under this contract.
13.2 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.3 For the purposes of the Privacy Act 1993 as amended and any comparable law of any other country having jurisdiction and relating to the location of data processing, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data in any country. We also refer you to our Privacy Policy [insert website link].
13.4 If you are in breach of any term of this agreement, we may publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
13.5 Any obligation in this agreement intended to continue to have effect after termination shall so continue.
13.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
13.7 When you visit the Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
13.8 Any communication to be served on either of the parties by the other shall be delivered by e-mail. It shall be deemed to have been delivered by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
13.9 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
13.10 This agreement does not give any right to any third party.
13.11 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
13.12 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
13.13 The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.