Terms of service

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OVERVIEW

This website is operated by Blob Beanbags. Throughout the site, the terms “we”, “us” and “our” refer to Blob Beanbags. Blob Beanbags offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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.

1. Delivery information
All orders will be sent by registered mail, which are insured for up to $NZ250 (approx US$125). Blob Beanbags are not responsible for any delivery delays beyond our control. If the package arrives damaged please notify us immediately so we can start the necessary claims process.
International NZ Postal enquiries can take up to 2-3 months to resolve. Please ensure with postal addresses that full disclosure and description of delivery details are given. Failure to do so could result in an undeliverable item in which the addressee may incur liability. If an attempt has been made to deliver your order and the delivery company fails to hear back from the recipient within 30 days the recepient may be liable for any return postage fees incurred by Blob Beanbags. All orders are sent via registered post and insured. We are not liable for any delivery delays, damage or theft beyond our control; however we do endeavour to assist and remedy any queries within our means.

2. Payment
No goods will be delivered unless we receive payment with your order, (unless prior arrangements have been made). We accept Visa Card, Master Card & American Express card. All orders are processed in New Zealand dollars.
(a) The overseas currency equivalent is indicative only;
(b) The final amount billed to your card is subject to currency fluctuations; and
(c) The actual amount billed will be based on the relevant exchange rate used by Blob beanbags at the time of the transaction is recorded against your credit card.
In other words international credit card payments may differ slightly to expected amount due to fluctuating exchange rate.

3. Customs Duties/ Taxes
Duties, taxes and Customs clearance costs at the country of destination, if any, are your responsibility.

4. Cancellations
There is a 10% cancellation fee. This covers the merchant service fees and the extra admin required.

5. Gift vouchers
Gift vouchers can not be refunded or exchanged for another voucher. If you purchase is less than the value of your voucher the difference will not be refunded, nor will a voucher of a lesser value be issued.

6. Confidential Database
We like to keep our customers informed as to our new products, promotions and special offers. Please notify us if you don't want to be included on Blob Beanbag's confidential database. Your details will not be passed on to any third parties.

7.Product and Price changes
Products and prices may change over time if any of these changes are relevant to your purchase you will be duly notified and will have the option of changing or canceling your order.

8.Warnings
Please ensure you read the warnings and care label on receipt of product. Blob beanbags can not accept responsibility for damages if the warning and care labels were not read. Polystyrene beans are flammable and can be easily inhaled which can cause choking. Children should not be left unsupervised with a beanbag. To avoid any accidents keep beanbags well away from fire, heaters, cigarettes or anything that might cause the beanbag to burn. Beanbags can be punctured, please ensure sharp objects do not come into contact with the fabric. All our beanbags come with a insert at the closing of the zip where the tag can be inserted away from children. However we do recommend that once you have filled your beanbag you also remove the zip tag with some wire cutters. The beanbag can be easily reopened with a piece of wire (i.e. an unfolded wire paper clip). We also make removable liners which adds an extra safety barrier. When placing young babies on beanbags do not leave them unattended, as they may move and be smothered.

9. Legal claim
As you are making a purchase from New Zealand, the goods are sold under New Zealand law. As a New Zealand business, we are fully committed to honouring NZ's Consumer Guarantees Act, Privacy Act and Fair Trading Act, but we cannot accept liability for compliance with law in any country other than New Zealand. Any actions against us must take place in New Zealand law courts.

10. Disclaimer of warranties
You agree that use of the service is at user's sole risk. The product/beanbag is provided on an "as is" and an "as available" basis. Blob beanbags expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Blob beanbags make no warranty that the product will meet user's requirements, nor do Blob beanbags make any warranty as to the results that may be obtained from the use of the product. No advice or information, whether oral or written, obtained by you from Blob beanbags shall create any warranty not expressly stated herein. some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Liability
You agree that Blob beanbags shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from the use, misuse or inability to use the product or for cost of procurement of substitute goods or resulting from any goods purchased or obtained or transactions entered into through or from the product or resulting from unauthorised access to or alteration of your transmissions or data or arising from any other matter relating to the product including but not limited to damages for loss of profits, even if Blob beanbags has been advised of the possibility of such damages. You further agree that Blob beanbags shall not be liable for any damages including but not limited to direct, indirect, incidental, special consequential or exemplary damages. You agree that Blob beanbags shall not be responsible or liable to you or to anyone else for the statements or conduct of any third party. Some jurisdictions do not allow the limitation or exclusion of liability for incidental damages so some of the above limitations may not apply to you. Blob beanbags' liability to you or any other parties in any circumstances is limited to the value of the beanbag purchased. Some jurisdictions may not allow this limitation of liability, so these limits on liability may not apply to you.

11. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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