WEBSITE USE TERMS & CONDITIONS

www.festoolshop.co.nz is a Website portal created for those enthusiastic Festool fans. It is owned by Carbatec New Zealand Limited and it's purpose is to give a specialised Festool experience.

Carbatec is the trading name of Carba-Tec New Zealand Limited.

Introduction

These Website Standard Terms And Conditions (these “Terms”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these “Terms”.

Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, Carbatec owns all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

Restrictions

You are expressly restricted from all of the following:

• publishing any Website material in any media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is, or may be, damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
• using this Website to engage in any advertising or marketing;

You may be restricted from accessing certain areas of this website by Carbatec and Carbatec may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

No warranties

This Website is provided “as is,” and Carbatec makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as a consultation or advice to you. 

Cancellation or amendment of an order

If you have made a mistake or wish to amend an order please call Carbatec as soon as possible on 0800 444 329.

Refund Policy

Please see Warranty and Disclaimers section.

Errors & Omissions

While we work to ensure all information on our website and printed materials are accurate and correct, occasionally, an error may occur and goods may either be incorrectly described or incorrectly priced in which case we will not be obliged to supply the goods at the incorrect price or at all.

Should an error be made, we will (at our discretion) cancel your order and refund the price you have paid or seek your consent to continue with the sale at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund all money that you have paid.

This does not affect your Statutory Rights.

Limitation of liability

In no event shall Carbatec, nor any of its officers, directors and employees, be liable to you for anything arising out of, or in any way connected with, your use of this Website, whether such liability is under contract, tort or otherwise, and Carbatec, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. 

Indemnification

You hereby indemnify to the fullest extent Carbatec from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms. 

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. 

Variation of Terms

Carbatec is permitted to revise these Terms at any time, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website. 

Assignment

Carbatec shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. 

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Carbatec and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same. 

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of New Zealand, and you submit to the non-exclusive jurisdiction of courts located in Auckland for the resolution of any disputes. 

Copyright

The contents of this web site are subject to intellectual property rights including copyright. Carba-Tec Pty Ltd is the owner of logos which appear on this web site. Unauthorised use of this intellectual property will infringe the rights of Carba-Tec Pty Ltd.

You may only access and print out any content on this web site for your personal use. All other use, copying or reproduction of this web site or its contents is prohibited. No part of this web site or its contents may be reproduced on any external web sites, whether by reproduction, framing or otherwise, without written consent from Carba-Tec Pty Ltd.