Terms & Conditions
Welcome to Flashcards, the online shopping site for great deals on great brands.
Flashcards is proudly NZ owned and operated, and is an online forum designed for approved suppliers to promote their products directly to consumers. Reference to "Flashcards", "we" "us" or "our" in these terms and conditions is deemed reference to www.flashcards.co.nz.
As soon as we have received your order it is passed through to our shipping department. So if there are any changes in the shipping details such as address change, purchaser must email our team within 30 min of the order at firstname.lastname@example.org.
For overseas delivery please email us to confirm avialability.
These terms and condition apply to the use of Flashcards website and services by prospective purchasers of products advertised on the website. They are intended to ensure that Flashcards remains a safe, fair and efficient online sales forum.
Expressions used in these terms and conditions are defined at the end of these terms and conditions.
1. TERMS AND CONDITIONS BETWEEN YOU AND FLASHCARDS
Acceptance of Terms and Conditions: By searching on the Website and purchasing products over the Website you accept, and agree to be bound by, these terms and conditions.
Amendment of Terms and Conditions: Flashcards may amend these terms and conditions at any time by posting amended or replacement terms and conditions on the Website. Amendments will take effect immediately on posting on the Website and it is your responsibility to ensure that you are familiar with the content of the latest version of the terms and conditions at all times. By continuing to use the Website you agree to be bound by any amendments to the terms and conditions made since your last use.
2. EXPLANATION OF FLASHCARDS WEBSITE AND SERVICES
Flashcards shopping site provides a structured marketing and sales forum, for approved Suppliers to advertise and sell their Products online and for potential buyers to view and purchase Products advertised for sale. Flashcards and/or any associated companies or persons is/are not the owners of the Products advertised and take no responsibility for any claims arising from consumer protection legislation or rights in any jurisdiction.
3. USING FLASHCARDS WEBSITE
Age and Residency: To use the Website to purchase Products you must be:
(a) 18 years or over; and
(b) a New Zealand resident and located in New Zealand.
Provision of Information: When you use the Website to purchase any Products you will be required to provide certain information. You agree and warrant that:
(a) You will not use any false identities or personas and must provide us with your full legal name and current details;
(b) All information provided by you will be true and correct in all respects at the time it is given;
(c) You are responsible for ensuring that all information which is necessary to process any uncompleted sale transaction is kept up to date at all times, and will provide details of any changes to Flashcards and the Supplier of the relevant Products.
Continued use of Website: Your use of the Website is subject to ongoing vetting and authorisation by Flashcards, and we reserve the right to suspend your use of the Website or ban you from using the Website at any time for any reason. Without limiting the circumstances in which we may take such action, we may do so if you commit any breach of these terms and conditions, if you are bankrupt or insolvent, if you commit any crime in the course of using the Website or if we receive any complaints about your use of the Website.
Security: You will have sole responsibility for keeping your login information (including your user name, email address and password) confidential and secure and you agree:
(a) not to permit any other person to use your user name; and
(b) not to disclose, or provide to any other person, your user name, email address or password.
4. GENERAL RULES FOR USE OF WEBSITE
Use: You must use the Website for the purpose of searching for potential Product purchases and to execute purchases of Products in accordance with the Website processes and instructions only.
Good faith: You must act in good faith toward Flashcards in using the Website.
Communications: You must:
(a) communicate with Flashcards and Suppliers for bona fide purposes only (for example, in relation to searching for, or enquiring about, Products or enquiring about use of the Website);
(b) not engage in any offensive communications over the Website;
(c) not use the Website for communicating with Suppliers with a view to engaging in purchase activities with Suppliers otherwise than through the Website.
Personal/Business: The Website may be used for personal or business use.
Comply with Instructions and Processes: You must comply with any directions given to you by Flashcards regarding your use of the Website and otherwise comply with the processes and procedures contained in the Website.
No damage/interference: You must not attempt to damage, interfere with or harm the Website or any network or system underlying or connected to it, including by using a robot, spider, software or other automated means of access to the Website or information featured on it, for any purpose.
5. FLASHCARDS WEBSITE POLICIES
We may from time to time develop (and alter) policies relating to the use of the Website which are separate from these terms and conditions and which have general application to all users of the Website, and you must comply with all such policies as and when they are posted on the Website.
6. PRODUCT PRICING AND STOCK
All prices listed are inclusive of Goods and Services Tax unless otherwise stated, or is a trade account. The contents of this website are presented on the basis that errors and ommissions are excepted and that Flashcards reserves the right to change any price or product specification that may result from any occurance and that prices may change without notice. Flashcards endeavours to carry sufficient stock at all times, although stock is subject to availability - if we do not have an item you have ordered in stock - we will advise you of this and you can choose from:
1.) An alternative product.
2.) We will advise a delivery date, if acceptable we will process your order when the item is available.
3.) Not process your order, and refund any money paid or that have been processed.
7. SALE TRANSACTIONS VIA WEBSITE
Like many other online resellers we may require the name of the telephone account holder or the verification of your address to verify the correct mailing address when purchasing products using our secure online credit card payment facility. Unfortunately, there are people who place fraudulent orders via the internet. In the case of stolen credit card numbers it can take several months for the fraud to come to light - by which time the fraudster and the goods are long gone. Consequently, we take precautions to ensure we do not supply such people in the first place. In certain circumstances this will involve asking you to provide some evidence that you live where you say you do. If you do not wish to divulge any personal information then you still have the option of paying by bank transfer or by direct credit.
This helps protect us and you from credit card fraud occurring through the Flashcards web site. We can accept payment by Visa/MasterCard only through our secure online shopping facility. Flashcards will never ask for your credit card details to be submitted by unencrypted methods like email, instant messaging or chat. If the transaction fails for any reason we will contact you. We will ask you for the card-validation code or value (three-digit or four-digit number printed on the front or back of the payment card) used to verify card-not-present transactions or may ask you to use a different card or payment method. Flashcards NEVER stores your credit card information or the card verification code or value or PIN verification value data elements. As an extra precaution your PAN is masked (the first six and last four digits are all that gets displayed) when displayed in the Flashcards order system giving you added trust when using our secure online credit card payment facility.
Specific Buyer Obligations for Sale Transactions: The following specific requirements apply regarding sale transactions:
(a) Orders for Products may not be retracted once placed. By placing an order, you warrant and represent that you have the legal right to enter into the sale transaction;
(b) You must complete the purchase of a Product on notification of acceptance of your order (including making payment in full);
(c) If you default in completing any sale transaction (including failing to make payment of any part of the purchase price for any Products) you will have legal liability to the Supplier and we may suspend or ban your use of the Website.
Seller Terms and Conditions: Flashcards requests that Suppliers provide a website link to their written terms and conditions of sale (if any) which apply to the sale of their Products. The sale of any Products to you by a Supplier who provides such a link will be subject to those terms and conditions of sale.
(a) Flashcards operates a credit card payment mechanism to enable you to make payment for all purchases of Products. Your credit card details will be captured at the time you place an order for an advertised Product so that if your order is accepted by a Supplier, payment will be processed automatically at that time.
(b) You may also pay by through bank transfer. We will provide bank details when requested.
(c) Payment for all sale transactions must be made by either credit card or bank transfer as above. No other payment method may be used.
8. QUERIES ABOUT PRODUCTS, AND PRODUCT SUPPORT
Question Facility: Flashcards will facilitate the communication via email for Product enquiries. Flashcards will follow through on queries to ensure that they are answered.
Complaints: Complaints or claims concerning Products purchased over the Website or a customer service conduct in relation to a sale transaction completed over the Website must be addressed to Flashcards.
9. BUYER AND SALE INFORMATION/WEBSITE STATS
Privacy: Flashcards collects and retains personal information about you as a result of your using the Website and participating in sale transactions. The personal information is used for the following purposes:
(a) To operate and administer the Website and give effect to all transactions and matters arising from your use of the website;
(b) To provide to Suppliers, to enable those Suppliers to respond to queries from you about Products, to form and complete sale transactions with you, to collect any further information the Suppliers may require from you and to otherwise enable Suppliers to administer their relationship with you following any direct contact with you;
(c) To analyse the use of the Website and provide reports on Website usage to Suppliers and other parties;
(d) To improve the Website;
(e) To communicate with you for any purpose relating to your use of the Website and in connection with these terms and conditions;
(f) To communicate to you details of any other Products which Flashcards believes may be of interest to you.
(g) To enforce its rights under these terms and conditions.
Privacy Act: Personal information collected from or about you for the above purposes will be retained by Flashcards in its database at its business premises. You have the right to access any personal information and to correct or delete any personal information from the database. You can do this by sending an email request to email@example.com.
Ownership of Information and Data: Subject to the preceding paragraph, all information and data collected by us in the course of operating the Website (including all information relating to users of the Website, transactions on the Website and Website statistics) will be owned by us to the extent such information is capable of being owned and is not owned by another party at the time of collection or generation by us.
Authorisation: You authorise us to provide personal information collected from you to Suppliers for the purposes referred to in this clause.
10. INTELLECTUAL PROPERTY
All intellectual property rights in the Website (including copyright in all text, graphics, logos, software and icons) are owned by or licensed to us, and you agree that you may not copy, adapt, store, distribute or reproduce any part of the site without our prior written approval.
11. LIABILITY ISSUES/RELATIONSHIP WITH FLASHCARDS
Use of Website at your own risk: Without limitation, Flashcards gives no undertakings, representations or warranties in relation to Products listed or sold listed on the Website including as to:
(a) the accuracy or truth of Product listing information;
(b) the ownership of or title to any Products;
(c) the content, safety, description, quality and legality of Products;
(d) the fitness for purpose of any Products;
Site Accessibility and System Integrity:
(a) We will use all reasonable efforts to ensure the general availability of the Website and to prevent the corruption or loss of data of held by us and the transmission of viruses. However, we take no responsibility for and have no liability for any unavailability of the Website, corruption or loss of data or transmission of viruses or losses relating to these events. In particular, we take no responsibility or liability for any events which are outside our reasonable control including communications and hardware failures relating to the Website.
(b) The Website is controlled and operated from within New Zealand and we make no representation or warranty that the Website or its content are appropriate, available or lawful for use in other countries. If you access the Website from outside New Zealand, you are responsible for ensuring your own compliance with local laws.
Liability: Without limiting any other provision of these terms and conditions (but subject to the final paragraph of this clause 11) you agree that any and all liability and responsibility of Flashcards to you (whether such liability arises in contract, tort, equity or otherwise) as a result of or arising from your use of the Website or our services or for any other matter relating in any way to the Website or its content, is excluded to the maximum extent permitted by law. Flashcards liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect including, without limitation, loss or profits, loss of data, loss of business and consequential and indirect loss.
Indemnity: You hereby indemnify us from and against all losses, damage, costs and expenses suffered or incurred by us arising from your use of the Website including from any misleading, deceptive or inaccurate information provided by you to us.
Consumer Guarantees Act:
(a) If you are using the Website for business purposes, you agree, for the purposes of the Consumer Guarantees Act 1993 (Act), that you are doing so and that Act will not apply to you.
(b) Subject to these terms and conditions the provisions of the Consumers Guarantee Act applies as between you and the Supplier of Products you have purchased. Please note that products purchased from overseas suppliers are not subject to NZ consumer protection legislation but may be subject to any consumer protection legislation in the suppliers country of residence. It is your responsibility to enforce any rights you may have under such legislation.
Entire Agreement: These terms and conditions contain all of the terms, representations and warranties made between us covering the subject matter of these terms and conditions.
Amendments: Except as otherwise expressly provided in these terms and conditions, no amendment of these terms and conditions will be effective unless it is in writing and signed by both of us.
Waiver: No waiver by of us of any breach of these terms and conditions will be considered as a waiver of any subsequent breach of the same or any other provision, and no waiver will be binding on us unless it is given in writing.
Assignment: We may assign the benefit of these terms and conditions to any party without obtaining your consent.
Governing Law: These terms and conditions will be construed and take effect pursuant to the laws of New Zealand, and we each submit to the exclusive jurisdiction of the New Zealand courts.
13. DEFINITIONS USED IN THESE TERMS AND CONDITIONS
“Products” means any products and services listed and advertised for sale on the Website by Suppliers.
“Supplier” means the company we bought the items from.
“Flashcards” means the online sales and marketing platform operated by www.flashcards.co.nz.
“you”, “your” means any person who uses the Website to search for and/or purchase Products.
“Website” means Flashcards website at www.flashcards.co.nz, and, where the context permits or requires, includes all services provided by Flashcards via the website or in connection with the website.
If you have any questions please do not hesitate to contact our customer service team via e-mail firstname.lastname@example.org.