TERMS & CONDITIONS

This agreement is a contract between the customer ("you") and Folklor (Everfells Limited). The terms and conditions under which you may purchase products from www.byfolklor.com are set out below.

Please read the following terms and conditions carefully before placing your order with Folklor. By completing the order process and using www.byfolklor.com you acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this agreement.

1) The agreement The entire agreement between you and Folklor (Everfells Limited) for the purchase of goods by you from Folklor is: (a) these conditions; and (b) the terms of the order. The agreement exists between you and Folklor, once Folklor receives and accepts an order. No obligation to sell or supply the goods will arise until the order is received and accepted. Each order may be accepted by Folklor at its absolute discretion. Each order is a separate agreement.

2) Purchase orders and delivery of goods You will place an order with Folklor by selecting goods, entering your personal and payment details and pressing the "complete order" button. Anyone at the delivery address who receives the goods shall be presumed by Folklor to be authorised to receive the goods on your behalf. (a) to the adult person who placed the order, or if there is no-one at the delivery address at time of delivery you will need to make alternate arrangements regarding a suitable time with the carrier. You may be required to pay an additional fee. Deliveries will occur up to 7 days a week and exact times cannot be given. Delivery charges cover packaging, delivery and insurance.

3) Risk and title Risk and title in the goods passes to you upon delivery of the goods to the delivery address. If you are not satisfied with the goods you have purchased, you may contact Folklor at support@everfells.co.nz within 14 days of receiving your goods to request a return.

Folklor will not be responsible for return shipping costs nor duty reimbursement in the case of international purchases (other than faulty items). Items you exchange will be shipped at your cost. If we do not have the required product in stock you will be granted a refund. If you change your mind, the product you exchange it for will incur postage costs. If you are outside of New Zealand you will need to pay for duties and taxes on the replacement item if they are charged by your authorities (other than faulty items).

4) Price of goods and payment All prices shown are in US dollars, or your local currency where indicated. You agree to pay the delivery and handling charges, unless free delivery is indicated. You are liable for all import duties, customs and local sales taxes levied by the country and/or state you are shipping to; payment of these is necessary to release your order from customs on arrival. You shall pay for the goods at the time you order.

5) Packaging and labeling of goods All goods dispatched by Folklor will be sent out in the most suitable packaging for the item/items purchased, to ensure protection of the item.

6) License you are licensed to use the Folklor website on your computer for your use in purchasing goods from Folklor. You acknowledge that you are not permitted to make any other use of the Folklor website.

7) Intellectual property rights You acknowledge that Folklor (Everfells Limited) or its related corporations own or are licensed to use all intellectual property rights in Folklor including, but not limited to, any images, photographs or text that appears on the website. You agree that you will make no representation to the contrary, and that you must not use or copy Folklor in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights. You acknowledge that any trademarks or logos which appear on the Folklor website are owned by or licensed to Folklor, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

8) Liability To the extent permitted by law, you agree that any liability of Folklor (Everfells Limited) arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you through use of Folklor will be limited to: (a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and (b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again. You agree that the entire risk arising out of installation, downloading, use or performance of Folklor remains with you. To the extent permitted by law, you release and discharge Folklor and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this agreement) arising out of or in connection with Folklor or this agreement, including, without limitation, loss or damage caused by the negligence of Folklor (Everfells Limited) or its related corporations.

9) Security if you are issued with a password by Folklor you agree to take responsibility for the safekeeping of your password. You are liable if an unauthorised person uses your password. You agree to release and forever indemnify Folklor in relation to any liability howsoever arising out of the unauthorised use of your password.

10) Notification of changes Folklor may add to, delete, or otherwise change any of the terms of this agreement. Your use of the Folklor service will constitute your deemed acceptance of such changes.