1. You may make donations to us, and certain products and services may from time to time be made available to you by FabFeb Foundation (“us”) through the FabFeb Website.
2. By making donations, or placing an order for any products or services through the FabFeb Website, you agree that you have read, understand and agree to be bound by these terms and conditions in effect at the time of donation or purchase (Payment Terms).
3. Your donations, purchase orders and your use of the FabFeb Website are also governed by other terms of “Our Agreement” including the FabFeb Website Terms & Conditions (Terms and Conditions). You must also read the Terms and Conditions before making any donation or purchase. Some of the terms used in these Payment Terms are defined in the Terms and Conditions.
4. These Payment Terms are subject to change without prior written notice at any time and such changes shall apply to any purchase orders or donations made after such changes are posted to the FabFeb Website. The Terms and Conditions may also be amended from time to time. Therefore, you should review these Payment Terms and the Terms and Conditions prior to making each purchase order or donation so you will understand the terms applicable to your transaction.
5. If you do not agree to these Payment Terms or Terms and Conditions, do not make any donations or place any purchases orders on the FabFeb Website.
6. To make a donation or place a purchase order on the FabFeb Website, you must:
(a) be over 18 or have the consent of your parent or guardian;
(b) comply with these Payment Terms (and the Terms and Conditions);
(c) have a current email address; and
(d) have a valid credit card or PayPal account which you are authorised to use for making the donation or placing the purchase order by under these Payment Terms and other Terms and Conditions.
7. You agree to accept responsibility for all donations and purchase orders made by you by someone on your behalf.
Payment Method and Terms
8. All donations and payments which you make to FabFeb through the FabFeb Website are made through either:
(a) a separate credit card transaction gateway, the eWAY Payment System (eWAYPayment System) (http://www.eway.com.au); or
(b) a separate transaction gateway, the PayPal Payment System (PayPal Payment System)
These gateways are not operated by us. The eWAY gateway is operated by a third party provider called eWAY (http://www.eway.co.nz). Transactions through this gateway are processed and settled by BNZ. The PayPal gateway is operated by a third party provider called PayPal (http://www.paypal.co.nz). Transactions through this gateway are processed and settled by PayPal.
9. The eWAY Payment System accepts Visa and Mastercard credit cards as forms of payment. The PayPal Payment System accepts various forms of payment.
10. By submitting a donation or purchase through the eWAY Payment System, you authorize BNZ to charge the account you specify for the donation or purchase amount. By submitting a donation of purchase through the PayPal Payment System, you authorize PayPal to charge the account you specify for the donation or purchase amount.
11. All payments are to be billed in NZ$ for donors located in New Zealand, in A$ for donors in Australia, in US$ for donors in the United States, in British Pounds for donors in the UK. All payments received from other countries will be billed in NZ$.
12. You must not pay, or attempt to pay, for products or services or make a donation in relation to FabFeb through any fraudulent means.
13. Please see the Privacy section below regarding how we deal with your credit card number and other personal information.
Consent to communications
14. You consent, and consent on behalf of the recipient of a product or service under a purchase order (the Recipient), that we may send commercial electronic messages to, or otherwise contact, you and/or the Recipient in relation to your donations or purchases through the FabFeb Website. You acknowledge that our main form of communication with you will be by email or through the FabFeb Website.
15. You consent, and consent on behalf of the credit card holder, that BNZ, eWay, and PayPal may send commercial electronic messages to or otherwise contact you and/or the credit card holder or account holder in relation to your donations or purchases through the FabFeb Website. Otherwise you acknowledge that our main form of communication with you will be by email or through the FabFeb Website.
17. If you order products or services, or make a donation, through the FabFeb Website we may require you to confirm details (including contact details) and to provide further information needed by us or BNZ or PayPal to facilitate the processing of any donations or payments that you make. You agree to provide us with current, complete and accurate details when asked to do so for this purpose.
Placing purchase orders
18. Prices of products and services displayed on the FabFeb Website are current at the time of issue, but are subject to change without notice. You should check the price of a product or service at the time of placing an order for it.
19. Any order placed by you through the FabFeb Website for a product or service is an offer by you to purchase the particular product or service for the price notified (including the delivery and other charges and taxes) at the time you place your order.
20. We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product description posted on the FabFeb Website, or an error in your order.
21. We will email you an order confirmation for the sole purpose of confirming the details of your offer. Please note that our order confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
22. Orders will not be accepted and products will not be despatched or service arranged until payment in full has been received and we are satisfied with the integrity of the order and the validity of payment. We will send you a payment and delivery confirmation at that time. We reserve the right to cancel an order after a payment and delivery confirmation at that time if payment could not be completed.
23. Please note that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation, by us.
Stopping orders or donations
24. If you need to cancel a purchase order or donation, please contact us immediately at email@example.com
25. Once we have accepted payment for a purchase order or donation, cancellation of it is within our sole discretion.
26. Orders that cannot be cancelled will be subject to the terms on refunds and returns set out below in these Payment Terms.
27. To the extent permitted by applicable law, there is no refund on any donation made however we reserve the right to have a donation refunded at our discretion if requested by you. This clause applies even if the participant in relation to which the donation was made does not complete FabFeb, makes any misrepresentations, is fraudulent or for any other reason.
Delivery of receipts and paper products
28. You must provide us with a current email address and where applicable a Recipient.
29. All receipts and most intangible or paper-based products and services will generally be delivered through email only. Any other products will be delivered in accordance with our Delivery Policy.
30. You consent to us sending receipts and, where applicable, products to the email address you provide to us.
Risk and title in products
31. As between you and us, we will retain title to the products you order through the FabFeb Website until the latter of your making payment in full for those products and delivery of the products to you, but all risk in the products will pass to you upon their delivery to you.
Refund and returns for products or services
32. We do not accept returns of products or refunds for services which are not wanted or because you have changed your mind. Please choose your products and services carefully.
33. You or a Recipient may return or seek a refund for a product that has been purchased from the FabFeb Website if:
(a) it is damaged or faulty upon receipt of delivery to you;
(b) there is a fault in the product which is evident within 14 days (other than faults due to intentional or malicious damage or clear misuse of the product); or
(c) the product is not of merchantable quality.
34. You or a Recipient may seek a refund on a service that has been purchased from the FabFeb Website if:
(a) it is not in accordance with the description for the service;
(b) it was not available as advertised; or
(c) we reasonably agree that a refund is suitable in the circumstances.
35. If you or a Recipient are eligible for a return of a product:
(a) except where required by law, you or the Recipient must return product within 14 days of receipt of the product together with a completed form or email providing details and certifying that the product was damaged, faulty or unmerchantable at the time of, or within 14 days of, receipt (“the returns form“).
(b) upon return of the product together with the completed returns form, we will refund the original product price to the credit card holder pursuant to which the purchase was made including any delivery fees paid at the time of purchase and any reasonable amount paid by you to return the product (“the Return Price“). Alternatively, if you request a replacement in the returns form, we may in our discretion provide you with a replacement. If we do this, we will despatch the replacement item to you or, where applicable, a Recipient (subject to availability) at our cost. Any replacements will be provided only after we receive the product.
(c) please ensure an appropriate proof of return is kept whether the products are returned via a Post Office or any delivery service. If the returned product goes missing in transit to us, it will be deemed that the products have not been returned. It is your responsibility to ensure the products are adequately packaged to ensure that they are not damaged during return transit.
36. Nothing in these Payment Terms affects any rights a consumer (as that term is defined in the Consumer Guarantees Act 1993 (the Act)) may have under the Act provided that:
(a) to the extent you are acquiring or holding yourself out as acquiring the products or services for the purposes of a business, the Act will not apply; and
(b) we do not undertake that facilities for repair and parts for the products will be available.
37. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your donation or purchase.
38. We do not guarantee that you will be eligible for any tax benefit by making a donation or purchasing a product from us except to the extent that such a tax benefit is permitted by law.
39. If GST is imposed on any supply of a product or services through the FabFeb Website, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise. Unless expressly provided to the contrary, any amount payable for your purchase is stated before the addition of any GST chargeable on that supply. In this clause “GST” means tax charged under either the Goods and Services Tax Act 1985 (New Zealand).
You must read these disclaimers on safety and security and availability
42. As noted above, FabFeb uses a separate credit card transaction gateway provided by eWay (http://www.eway.co.nz) to process your credit card transactions directly with BNZ. The security protection employed by eWay is available here: http://www.eway.co.nz/About/terms.aspx. FabFeb uses a separate transaction gateway provided by PayPal (http://www.paypal.com.au) to process your transactions directly with PayPal. The security protection employed by PayPal is available here: https://www.paypal.com/nz/webapps/mpp/paypal-safety-and-security.
43. You agree to the disclaimers set out the Terms and Conditions in relation to the security, safety and availability of the FabFeb Website.
We limit our liability
44. To the extent permitted by applicable law, our liability in connection with your donations and purchase orders (and subsequent delivery of products and services) is excluded or limited in accordance with this section (“we limit our liability”). The “we limit our liability” section of the Terms and Conditions also applies.
45. To the extent by permitted by law, we do not make and disclaim all representations, “express guarantees” (as that term is defined in the Act) and warranties of any kind, express or implied, with respect to:
(a) any products or services for which orders are placed through the FabFeb Website; or
(b) any participant in respect of which a donation is made.
46. To the extent permitted by applicable law, we make no representations as to, and are not responsible for, the accuracy of the information presented in relation to products or services (except as to price) or participants or your reliance on such information.
47. Products and services ordered through the FabFeb Website are provided or sold “as-is” and to the extent permitted by law we disclaim any and all representations and warranties, whether express or implied. To the extent permitted by applicable law, we exclude all other warranties and conditions that may otherwise be implied into these Payment Terms. Our liability for breach of such term which cannot be excluded will, to the extent permitted by law, be limited, at our option, to the supply of the relevant product or services again or the payment of the cost of having the goods or services supplied again in accordance with these Payment Terms.
48. To the extent permitted by law, FabFeb is not responsible for the actions or content of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. This includes that we provide no warranties and have no liability in connection with, to the extent permitted by applicable law:
(a) any payment by you through the eWAY Payment System or through the PayPal Payment System;
(b) any fraud, misrepresentation or other form of deception by a participant in relation to a donation;
(c) any third party products or services ordered or sought to be ordered by you through the FabFeb Website;
(d) the unavailability of any product or service ordered or sought to be ordered by you through the FabFeb Website; and
(e) the use or misuse of products or services ordered by you through the FabFeb Website.
49. To the extent permitted by applicable law, we are not responsible for and have no liability in relation to:
(a) loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment; or
(b) personal injury;
(d) loss of data, loss of profits, loss of revenue, loss of opportunity, incidental or consequential loss,
whether suffered by you or any other party and however so arising, including claims based in contract (including for repudiation), tort (including negligence), common law, equity, statute or otherwise. To the extent permitted by law, this includes such loss, injury or death related to any product or service purchased by you or used by a Recipient.
50. To the extent permitted by applicable law, we are not responsible for and have no liability in relation to any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
51. You are liable to us for any claims or damages relating to any misuse by you of another person’s credit card information.
52. To the extent permitted by applicable law, if, subject to what is set out in this “We limit our liability to you” section, we are liable to you, you agree that we are only liable up to the greater of NZ$100 or the amount you donated or the price for a purchase.
53. You must take reasonable steps to minimize the extent of the loss you may suffer for which we may be liable. You must notify us in writing of your loss as soon as is reasonably possible.
Other contract terms
54. These Payment Terms are governed by the law in force in New Zealand, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.
55. To the extent of any inconsistency between these Payment Terms and other terms and conditions or other terms of Our Agreement, these Payment Terms have priority.
56. If any portion of these Payment Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
57. If we fail to enforce any of these Payment Terms, it will not be considered a waiver.
59. You will not transfer any of your rights or obligations under these Payment Terms to anyone else without our prior consent.
60. All of our rights and obligations under these Payment Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
61. Where any provision of Our Agreement is expressed to be for the benefit of any person other than you or us, such provision is intended to confer a benefit on such person, enforceable at the suit of that person, in terms of the Contracts (Privity) Act 1982 (NZ).