Terms of service

Welcome to Korimako. Throughout these Terms of Service ("Terms"), the terms "we", "us" and "our" refer to Korimako.

Korimako operates this website and online store, including all related information, content, features, tools, products and services (the "Services"). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms, together with any policies referenced within them, describe your rights and responsibilities when using our Services.

Please read these Terms carefully, as they contain important information about your legal rights and responsibilities, including limitations of liability and warranty disclaimers.

By accessing, browsing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use our Services.

Nothing in these Terms is intended to limit or exclude any rights you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other applicable New Zealand law where those rights cannot legally be excluded.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are legally able to enter into a binding agreement or have the consent of a parent or legal guardian where required.

To use certain features of our Services, including placing orders, you may be asked to provide information such as your name, email address, billing address, shipping address and payment details. You agree that all information you provide is accurate, current and complete, and that you have the legal right to provide that information.

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly if you believe your account has been accessed without your permission.

You may not transfer, sell or assign your account to another person without our written consent.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to display our products as accurately as possible. However, colours, textures and appearance may vary depending on your screen, device settings and individual display characteristics. We cannot guarantee that products will appear exactly as shown on your device.

Many Korimako products feature original artwork created using traditional lino-cut printing techniques before being professionally reproduced. Minor variations in texture and appearance are part of the character of the original artwork and do not constitute defects.

All product descriptions, specifications, pricing and availability are subject to change without notice. We reserve the right to discontinue any product or limit the quantities available for purchase at our discretion.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from Korimako. Your order is not accepted until we have confirmed acceptance by email.

We reserve the right to accept, decline, cancel or limit any order where permitted by law, including where products become unavailable, payment cannot be authorised, pricing errors occur, fraudulent or suspicious activity is suspected, or we reasonably believe an order has been placed for commercial resale without our prior approval.

If we are unable to accept or fulfil your order after payment has been received, we will refund the amount paid using your original payment method.

Please review your order carefully before submitting it. Once an order has entered production or has been dispatched, cancellation may not be possible.

All purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for your own personal use and not for commercial resale unless otherwise agreed by us in writing.

SECTION 4 - PRICES AND BILLING

All prices displayed on our website are in New Zealand Dollars (NZD) unless otherwise stated.

Prices, promotions and product availability may change without notice. Shipping charges and any applicable taxes will be calculated at checkout where appropriate.

If an obvious pricing or product information error occurs, we reserve the right to correct the error and cancel or decline affected orders. Where payment has already been received, we will provide a full refund.

You agree to provide current, complete and accurate billing, payment and account information for all purchases made through our Services. You agree to promptly update your information where necessary so we can complete transactions and contact you if required.

By placing an order, you confirm that you are authorised to use the payment method provided and that you authorise us to charge the applicable purchase price, shipping charges and any applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We aim to dispatch orders as quickly as possible; however, delivery timeframes are estimates only and are not guaranteed.

We are not responsible for delays caused by courier services, postal providers, customs processing, weather events, industrial action or other circumstances beyond our reasonable control.

Ownership of products passes to you once full payment has been received. Risk of loss or damage passes to you upon delivery to the shipping address provided with your order.

Please inspect your order upon delivery and contact us as soon as reasonably possible if your order is damaged, defective or incorrect. Your rights under our Refund Policy and applicable New Zealand consumer laws are not affected.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all artwork, illustrations, lino-cut designs, trademarks, logos, branding, text, photographs, graphics, product images, videos, website design, layout and other content, are owned by Korimako or our licensors and are protected by applicable intellectual property laws.

The original artwork featured on Korimako products has been created exclusively for Korimako and may not be copied, reproduced, modified, distributed, published, sold or otherwise used without our prior written permission.

These Terms permit you to use our Services for your personal, non-commercial use only. Except as expressly permitted by law or by these Terms, you must not reproduce, duplicate, copy, sell, republish, distribute, exploit or create derivative works from any part of our Services without our prior written consent.

Nothing contained in these Terms grants you any licence or ownership rights in any intellectual property owned by Korimako, Shopify or any third party. All rights not expressly granted are reserved.

The names "Korimako", our logos, product names, designs and slogans are trademarks or trade dress of Korimako. Shopify's name, logo and related trademarks remain the property of Shopify. All other trademarks appearing on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

From time to time, we may provide access to tools or services offered by third parties.

These tools are provided on an "as is" and "as available" basis. We do not monitor, control or endorse these third-party tools and make no representations or warranties regarding their operation or availability.

Your use of any optional third-party tools is entirely at your own risk. You should ensure you are familiar with the terms and privacy practices of the relevant third-party provider before using those tools.

We may also introduce new features, services or tools in the future. Unless otherwise stated, those features will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to third-party websites, services or content that are not owned or controlled by Korimako.

We are not responsible for examining or evaluating the content, accuracy, policies or practices of any third-party websites or services. If you choose to access any third-party website, you do so entirely at your own risk.

We are not liable for any loss or damage arising from your use of any third-party websites or from the purchase or use of any products or services offered by those third parties. Any concerns regarding third-party products or services should be directed to the relevant provider.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Korimako is powered by Shopify, which provides the ecommerce platform that enables us to offer our Services to you. However, all purchases made through our online store are made directly with Korimako.

By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and Korimako, including any injury, damage or loss arising from products purchased through our store.

To the extent permitted by law, you release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with Korimako.

SECTION 10 - PRIVACY POLICY

Your privacy is important to us.

All personal information collected through our Services is handled in accordance with our Privacy Policy, which forms part of these Terms.

Because our online store is hosted by Shopify, Shopify also collects and processes certain information necessary to provide and improve the Services. Information submitted through our website may be processed by Shopify and its service providers, including providers located outside New Zealand.

By using our Services, you acknowledge that you have read our Privacy Policy and understand how your information is collected, used and disclosed.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, ideas, comments, photographs or other content ("Feedback") to Korimako, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to use, reproduce, modify, publish, distribute and display that Feedback for any lawful purpose, including improving and promoting our Services.

You represent and warrant that you own or otherwise control all rights in any Feedback you submit and that your Feedback does not infringe the rights of any third party.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.

We reserve the right, but have no obligation, to remove or edit Feedback that we reasonably consider to be unlawful, misleading, offensive, defamatory, obscene or otherwise objectionable, or that infringes the rights of another person.

You remain solely responsible for the accuracy and content of any Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders where necessary, including after an order has been submitted.

We are under no obligation to update information on the Services except where required by applicable law.

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use the Services:

for any unlawful purpose;
to violate any applicable law or regulation;
to infringe the intellectual property rights of Korimako or any third party;
to harass, abuse, threaten, defame or discriminate against any person;
to submit false or misleading information;
to transmit spam, malware, viruses or other malicious code;
to interfere with the security or operation of the Services;
to collect or harvest personal information belonging to others without consent;
to scrape, copy, extract or systematically collect content from the Services using automated or manual means;
to use robots, bots, AI agents or automated systems in breach of these Terms or any technical restrictions we implement; or
to engage in any activity that may damage, disable or impair the Services or interfere with another person's use of them.

We reserve the right to suspend or terminate access to the Services if we reasonably believe these Terms have been breached.

SECTION 14 - AGENTS

This section applies if you use, enable or allow any software, automated system, bot or artificial intelligence agent ("Agent") to access or interact with our Services on your behalf.

No Agent may access or interact with our Services unless it clearly identifies itself where technically possible and complies with any reasonable technical measures or restrictions we implement.

We reserve the right to restrict, suspend or prevent access by any Agent that we believe is interfering with the operation, security or integrity of our Services, or that breaches these Terms.

An Agent must not conceal or misrepresent its identity, attempt to bypass security measures, circumvent access restrictions or falsely present itself as a human user.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services at any time if we reasonably believe you have breached these Terms or used the Services unlawfully.

Termination does not affect any rights or obligations that have arisen before the date of termination.

The provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnity, Governing Law and any other provisions which by their nature are intended to survive termination will remain in effect after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information made available through our Services is provided for general information only. While we make reasonable efforts to ensure the accuracy of information on our website, we do not guarantee that all information will always be accurate, complete or current.

Except where required by applicable law, the Services and all products and content made available through the Services are provided on an "as is" and "as available" basis without warranties, representations or conditions of any kind, whether express or implied.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under New Zealand law, including the Consumer Guarantees Act 1993.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Korimako, our owners, employees, contractors, suppliers, licensors, affiliates and service providers will not be liable for any indirect, incidental, special, consequential or punitive loss or damage arising from your use of, or inability to use, the Services or any products purchased through the Services.

Where liability cannot legally be excluded, our liability will be limited to the maximum extent permitted by law.

Nothing in these Terms limits or excludes liability where such limitation or exclusion would be unlawful, including liability arising under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other applicable New Zealand legislation.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless Korimako, Shopify, our affiliates, employees, contractors, service providers and licensors against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal costs) arising from:

your breach of these Terms;
your breach of any applicable law;
your infringement of any intellectual property or other rights of another person; or
your misuse of the Services.

We will notify you as soon as reasonably practicable of any claim covered by this indemnity and will take reasonable steps to minimise any resulting loss.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed from these Terms to the extent necessary, and the remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or notices published on our website, constitute the entire agreement between you and Korimako regarding your use of the Services and supersede any previous agreements or understandings relating to the Services.

If any ambiguity exists in the interpretation of these Terms, it will not be interpreted against the party responsible for drafting them.

SECTION 21 - ASSIGNMENT

You may not assign, transfer or otherwise deal with your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or delegate our rights and obligations under these Terms where reasonably necessary, including as part of a business sale, restructuring or transfer of ownership.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide the Services are governed by the laws of New Zealand.

You agree that the courts of New Zealand will have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Services, subject to any rights you may have under applicable consumer protection legislation.

SECTION 23 - HEADINGS

The headings used in these Terms are provided for convenience only and do not affect the interpretation of any provision.

SECTION 24 - CHANGES TO THESE TERMS

You can review the current version of these Terms at any time on this page.

We may update these Terms from time to time to reflect changes to our Services, legal requirements or business practices.

Where required by law, we will provide notice of any material changes before they take effect.

Your continued use of the Services after updated Terms become effective constitutes your acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Korimako

Email: hello@korimako.co