Terms and conditions

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This “Website” at https://rqproduct.com is operated by RQ Product. RQ Product is an online store featuring photography, music, clothing and digital artworks for purchase owned by Ryan Quinlivan.

Throughout the site, the terms “we”, “us” and “our” refer to RQ Product.

Your use of this Website is governed by these Terms and Conditions (“Terms of Service” or “Terms”) of use. By accessing, browsing and/or purchasing from this Website you agree to be bound by these Terms and Conditions.

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 the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. 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 by posting updates and/or changes to 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.

Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. General conditions

All intellectual property on this Website, including without limit, the text, photographs, images, graphics and copyright works is owned by Ryan Quinlivan at RQ Product.

This Website and all information contained therein may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of any works without the prior written consent of RQ Product.

You are granted non-exclusive, non-transferable, limited permission to access and display the Website solely on your computer or mobile device and for your personal, non-commercial viewing. This permission is conditional upon you not modifying the content displayed on this Website.

Except for the limited permission in the preceding paragraph, RQ Product does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights in respect of any material contained on this Website. You may not copy any of the content from this site on another website or in any other media.

2. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

3.  Modification to the service or product

Prices for RQ Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4.  Privacy

The privacy police available on this Website governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these Terms and Conditions.

5.  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 Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color 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 anytime 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, or that any errors in the Service will be corrected.

All prices for the products on this Website are stated and are payable in New Zealand dollars ($NZD) inclusive of GST (if any) unless otherwise provided on any order confirmation. Prices are subject to change without notice (prior to order confirmation).

Payment in full must be made by you when ordering a product or Service from us. No products will be dispatched to you until payment has been made and cleared in our account.

6. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. 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 e-mail 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.

8. Optional tools

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

10. Third-party links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

11. Availability and cancellation

All orders are subject to the availability of products. If for any reason a product is not available, RQ Product will endeavour to notify the non-availability on this Website.

Where products are listed on the RQ Product’s Website with an incorrect price or with incorrect information, we reserve the right to cancel your order (regardless of whether the you have made payment for that order).

Where you have already made payment for an order that is subsequently cancelled by RQ Product, RQ Product with reimburse the amount paid by the you in relation to that order.

RQ Product may cancel the your order any time prior to our order confirmation.

Any variation or cancellation of your order shall have no effect unless accepted in writing by the RQ Product.

9. Delivery

Once RQ Product has confirmed acceptance of your order, we will endeavour to dispatch your order within 12 business days unless a different time frame is specified in relation to a particular product. If we are unable to dispatch the your order within the time frame specified, RQ Product will endeavour to contact you to advise of the expected dispatch date. Any quotations of delivery times by RQ Product are made in good faith but are estimates and we shall not be bound by such quotation. RQ Product will not be liable for any loss, expense, or other damage caused by any delay in delivery.

Goods leaving our premises are carefully and adequately packed. Claims for damage or loss in transit must be made against the carrier. You must immediately inspect the products on arrival and in any event within 48 hours of delivery to verify there is no damage to the products.

RQ Product will not be responsible for any order that is delivered in accordance with your delivery instructions. This includes your parcel being left without a signature or if you signed for the parcel without checking for damage. In these cases, you waive any liability of RQ Product or the courier.

We use a New Zealand Courier service for the delivery of all our goods across New Zealand, Australia and internationally.

10. Limitation of Liability; Disclaimer of Warranty

RQ Product does not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

The liability of RQ Product, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, for any direct loss, injury, claim or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service will at all times be limited to the cost of each product or Service supplied.

In no case shall RQ Product, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any 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), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service.

We have made every effort to display as accurately as possible the colours and images of our products that appear at on this Website. We cannot guarantee that your computer monitor’s display of any colour will be correct.

11. Returns and Refunds Policy

All purchases are non-refundable & non-exchangeable.

We operate a returns policy only for goods that are received damaged or with manufacturing defects. In this situation a like for like replacement will be offered subject to availability of the product. In the event of the item being out of stock, alternative replacement options will be offered to you.

On receipt of damaged goods, photographic supporting evidence is required. The item must be returned unused and in its original packaging.

In the event of receipt of a damaged item, immediately contact RQ Product by email at contact@rqproduct.com and provide the order reference number and relevant details. If the item is clearly damaged on arrival by courier service, do not accept the item and notify us immediately.

In the event of receipt of a damaged or faulty item communicate with us as directed above. We will issue a returns number and address.

Any damaged item must be returned within 30 days of delivery.

A refund is at the sole discretion of RQ Product, any matters must be communicated immediately by email to contact@rqproduct.com and the matter can be discussed. If applicable, a refund will be processed once the item has been returned and inspected. A credit will be automatically applied to your original payment method within 7 working days, depending on your card issuer’s policies.

Courier costs are non-refundable. If you receive a refund for the product returned, the cost of initial postage will be deducted from your refund. If you are returning an item, you should consider using a trackable courier service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

12. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or New Zealand rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. Indemnification

You agree to indemnify, defend and hold harmless RQ Products and affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees; harmless from any claim or demand, including reasonable solicitor fees, 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.

14. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

15.  Jurisdiction and Governing Law

These terms of use and the provision of goods and service by us are governed by and interpreted in accordance with the laws in force in New Zealand. In the event of any dispute arising in relation to these terms and conditions, or their subject matter, you unconditionally submit to the exclusive jurisdiction of the courts of New Zealand over such matters.

We may amend these Terms and Conditions from time to time. Therefore, you should check and read these Terms and Conditions regularly. By continuing to use this website after any such amendment, you are deemed to have agreed to the amended Terms and Conditions.

16. Contact information

Questions about the Terms of Service should be sent to us at contact@rqproduct.com