Terms and Conditions

BAM |+| BOO TERMS OF SERVICE

Overview

This website is operated by Bam |+| Boo Clothing. Throughout the site, the terms “we”, “us” and “our” refer to Bam |+| Boo Clothing.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all Terms of Service, then you may not access the website or use any Services.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at any time. Amendments will be effective immediately upon notification on our website. It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of our Services.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. Whilst we have no reason to believe that any information on this site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this site updated.

Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Delivery & Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the site or on any related website, should be taken to indicate that all information in the site or on any related website has been modified or updated.

Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the site will be accurate or reliable.

You agree that from time to time we may remove the site for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the site is at your sole risk. All products and services delivered to you through the site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bam |+| Boo Clothing, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), arising from your use of any of the service or any products procured using the site, or for any other claim related in any way to your use of the service or any product. To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms of Service is hereby excluded.  Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (i) the supplying of the products or services again or (ii) the payment of the cost of having the services supplied again or the cost of the product itself.

Indemnification

You agree to indemnify, defend and hold harmless Bam |+| Boo Clothing and any affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including legal costs, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Copyright

Copyright in this site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means: (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this site or (b) commercialise any information, products or services obtained from any part of this website, without our written permission.

Trademarks

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trademark.

If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us.  You must not use any of our trademarks in or as the whole or part of your own trademark, in connection with activities, products or services which are not ours, in a manner which may be confusing, misleading or deceptive or in a manner that disparages us or our information, products or services (including this site).

Governing Law

These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of New Zealand.

Contact Information

Questions about these Terms of Service should be sent to us at livandnetty@bamandboo.co.nz.

Purchasing

Bam |+| Boo Clothing gives customers convenient, easy and secure shopping. Products displayed on this site can be purchased using online Mastercard and Visa transaction facility through a secure connection and also offer Afterpay which is a secure Australian financial technology company operating in New Zealand and other countries all over the world giving the customer to purchase now and pay later through 4 equal fortnightly payments.

Customers can be confident that all of your details are protected by the latest security mechanisms and are used only for purposes of the transaction.

All prices are in New Zealand dollars (NZ$) and include GST (15%). All prices are correct at time of publication; however we reserve the right to alter prices for any reason.

Order confirmation and invoices are automatically delivered via email and records of previous transactions are available from the website once securely logged in to your account.

Delivery

Bam I+I Boo Clothing offers delivery New Zealand wide and is also able to deliver overseas by arrangement.