The Legal Stuff
The use of this website, www.cottonstory.co.nz and its services will constitute a legally binding agreement between you and the site’s owner. It is your responsibility to carefully read the Terms and Conditions before using this website. If you do not agree with any part of the Terms and Conditions, you must not access or use this website or any of the information held within the website.
Acceptance of terms
We reserve the right to modify, change or update this Agreement anytime and for any reason without notice.
Cotton Story also has the right at any time to change the website, its content, the information held within, the products and the prices of the products that feature on the website without notice.
Changes in terms and conditions
“Seller” refers to Cotton Story Co.
“Buyer” refers to anyone buying the services and/or products offered on this website.
“Goods” refer to any service and/or products offered on this website.
Definitions
All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the order.
The Seller reserves the right to reject any order prior to acceptance or payment, including where the order cannot be fulfilled due to technical, legal, or production constraints.
No order is deemed accepted by the Seller until the order is confirmed through payment and accepted by the Seller.
The Seller at all times will endeavour to display and describe all information on this website as accurately as possible, but will not be held responsible for any unintentional inaccuracies in information, product specification and price that is displayed on this website unless responsibility is accepted by the Seller.
Orders and specifications
All prices displayed on the website are inclusive of GST.
Payment for purchase of Goods on this website must be made through the payment options chosen by the Seller, at the time of order placement. Payment in full will be taken at this time.
Payment of any kind for Goods available on this website will be made in New Zealand currency.
The Buyer undertakes that all contact and payment details provided to the Seller for the purpose of purchase will be correct and that the Seller reserves the right to obtain validation of the Seller’s credit card or debit card details before accepting the order.
Price, payment and currency
The Seller reserves the right to choose a suitable method of delivery to the address supplied by the Buyer.
The Seller will endeavour to process the order and have available the Goods purchased by the Buyer within the time period stated for each item. Any number of days quoted for delivery of the Goods are indications only and the Seller will not be held responsible for any loss or expenses that are borne by the buyer due to delay in delivery.
The Buyer will have to sign the required proof of delivery when asked by the courier provider on receipt of the Goods purchased from the Seller. The signature will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated.
The Seller reserves the right to make deliveries by instalments. When Goods purchased are delivered in instalments, each separate delivery constitutes a separate contract. If the Buyer has a claim in respect of any one or more of the instalments due to delivery failure, the instalments cannot be treated as a whole.
The Seller is under no obligation to compensate the price of delivery or the Goods purchased if the Buyer wrongfully fails to take delivery of the Goods.
Once received, the Goods purchased cannot be returned to the Seller except under the conditions stated in Condition 8 below.
Delivery
Cancellation Rights
The Buyer may cancel an order only under the following circumstances:
(a) If the Seller has failed to deliver the Goods within 28 days of the order confirmation date, excluding any delays caused by the Buyer.
(b) If the Goods are faulty or damaged, and the issue is reported at the earliest opportunity. All claims for faulty or damaged Goods must be made within 7 days of delivery, to ensure we can work with our courier provider on any potential claims.
Non-Delivery
If the Buyer has not received the Goods, they must notify the Seller within 7 days of the expected delivery date. This timeframe aligns with our courier provider’s claims policy, and failure to report within this window may affect our ability to resolve the issue.
Upon receiving timely notice, the Seller reserves the right to attempt redelivery in the first instance. If redelivery is not possible within a reasonable timeframe, the Seller will refund all amounts paid by the Buyer in relation to the undelivered Goods, including any applicable delivery charges.
Customised or Personalised Goods
Except in cases where the Goods are faulty or do not meet the guarantees under the Consumer Guarantees Act 1993, the Buyer has no right to cancel orders for Goods that are made to order, personalised, or produced according to the Buyer’s specifications.
The vast majority of our products are made-to-order and customised. For this reason, refunds are not available for change-of-mind, incorrect file supply, or customer errors once production has begun.
However, this does not affect your rights under the Consumer Guarantees Act 1993 if the Goods are faulty or not supplied as agreed.
Faulty or Damaged Goods
If Goods are found to be faulty or damaged, the Buyer must notify the Seller within 7 days of receipt and return the items unused and in their original packaging. Upon receipt and assessment, the Seller will offer a remedy in accordance with the Consumer Guarantees Act 1993. This may include a replacement, refund, or store credit, depending on the nature of the fault.
Refund Method
Refunds, where applicable, will be processed via the original method of payment unless otherwise agreed. The Seller is not required to offer cash refunds where not legally obligated but will comply with the CGA for eligible claims.
Incorrect Artwork and Prepress Charges
Where the Buyer fails to supply correct, print-ready artwork, the Seller reserves the right to charge a reasonable fee to cover time and resources spent on prepress work, file correction, or correspondence. If an order is cancelled due to the Buyer’s inability to provide suitable artwork, any refund or credit issued will be at the Seller’s discretion and may be reduced to reflect the prepress work already undertaken.
Administrative and Cancellation Fees
Where an order is cancelled by the Buyer for reasons not caused by the Seller, including change of mind or inability to supply usable artwork, the Seller reserves the right to deduct a reasonable fee from any refund. This may include time spent on communication, quoting, file handling, job setup, and the administration of the refund itself.
A minimum cancellation fee of 10% of the total order value may apply. This amount may be higher depending on how far the order has progressed through our workflow and will be determined fairly based on time and costs incurred up to the point of cancellation.
Notice of Cancellation
All cancellations must be submitted in writing via email to greta@cottonstory.co.nz
Consumer Rights
Nothing in these Terms and Conditions is intended to limit or exclude the Buyer’s rights under the Consumer Guarantees Act 1993. Where the Buyer is purchasing Goods for personal, domestic, or household use, statutory guarantees apply.
Returns, refunds and cancellations
The Seller will not be liable in any way for loss, damage, costs or expenses arising directly or indirectly from any failure or delay in performing any obligation under this contract.
The Seller will not be liable in any way from direct or indirect damages for any use of cottonstory.co.nz website.
Nothing in this clause is intended to limit your rights under the Consumer Guarantees Act 1993, where applicable.
Limitation of liability
Through the use of the website, the Buyer acknowledges that the Seller is a service provider. The Seller assumes that the Buyer has the rights to the artwork or photography which is provided to the Seller and in no circumstances will the Seller be responsible for any copyright infringements borne by the Buyer.
The buyer maintains ownership and copyright of any artwork created.
Rights to artwork
The Seller reserves the right at any time with or without the Buyer’s prior consent to discard from this website all personal information, data and artwork and all other materials of the Buyer and to prevent the Buyer from gaining access to any such data on this website.
The Seller has the right to reject any materials which is considered to be obscene, in bad taste or inappropriate.
Removal/rejection of material
The Seller collects personally identifiable information from the Buyer for the use of this website.
The collected data is used to check credit card details, to pay the Buyer’s account and to communicate with the Buyer.
The Seller is committed to protecting the Buyer’s personal information and in no circumstances will the Buyer’s information be passed on to third parties without consent except for legal reasons.
The Buyer reserves the right to edit or cancel his/her account without notice.
