Terms and Conditions of Sale

By purchasing products from Her Heart Poetry (“Her Heart”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”).

Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.

Software Warranty: All electronic or digital products sold by Her Heart is subject to the terms and conditions of the license agreements that apply to those products. The Customer acknowledges their obligations to abide by such license agreements. Subject to any applicable law that cannot be excluded, the Customer acknowledges that Her Heart does not warrant any electronic or digital products under these Terms and Conditions. All electronic or digital products are warranted in accordance with the license agreement that governs its use.

Limitation of Liability: The Customer shall indemnify Her Heart against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the customer. Her Heart shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Her Heart, even if Her Heart has been advised of their possibility. In no case shall Her Heart’s maximum liability exceed the cost of the relevant original order.

Refunds and Returns: Most items can be returned within 30 days of the item being shipped, provided it is in new, resalable condition. Items can be returned after the 30 day period in compliance with the relevant consumer legislation if the item is faulty or damaged. Her Heart will comply with its obligations under the Consumer Guarantees Act or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.

Addressing: If a product is found to be mis-addressed by Her Heart then Her Heart shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Her Heart will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.

Prices, Payment and Title: Her Heart’s available payment methods will be presented at the time of purchase. Her Heart retains title in the products purchased until Her Heart receives payment in full.

Pricing errors: Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.

Security: Her Heart uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Her Heart will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).

Special Offers: Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise.

Cancelling Orders: Her Heart reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where Her Heart believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).
GST: For New Zealand delivery addresses, all prices are New Zealand GST inclusive unless otherwise stated. If your order ships to a delivery address outside New Zealand, no New Zealand GST will be charged.

Customs & Duties: For any orders shipped outside of New Zealand the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Her Heart’s control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.

Site Access: Her Heart hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Her Heart, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.

Copyright & Trademarks: You agree that the content you access, view or download on this site and the software used to create it, remains the property of Her Heart Poetry or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to anyone else.

Stock Availability: Is advised at the time of purchase. Although we do our best to ensure stock availability stated on this website is accurate, errors do occur from time to time. Where a stocking error occurs (subject to applicable law that cannot be excluded), we will not be bound by the order, and reserve the right to cancel your purchase.

Delivery Estimates: Her Heart makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Her Heart liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.

Communications: By making a purchase from Her Heart you consent to receiving electronic communications from Her Heart. These communications will include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party.

Notice of Copyright Infringement: Her Heart respects the copyrights of others. If you feel that data used in Her Heart’s products or product catalogue constitutes an infringement of your copyright under applicable copyright legislation, please write to us at connect@herheartpoetry.com.

Please include the following details:

  • Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
  • A statement that the complaining party believes that infringement of the complaining party\’s copyright has occurred and the reasons for such belief;
  • A statement that you are the copyright holder or authorised to act on their behalf; and
  • Contact details including an email address where the complaining party may be contacted.

Linked Sites: This site may contain links to other websites operated by third parties. Her Heart is not liable for those sites or any content or information such sites contain.

Disclaimer
Her Heart would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.

The information on this website is provided “as is” and for general information only. Her Heart has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Her Heart does not guarantee that the website will always operate or be error free.

Accordingly, to the maximum extent permitted by law, Her Heart does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.