This website is operated by Konei.nz. Throughout the site, the terms “we”, “us” and “our” refer to Konei.nz. Konei.nz 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.
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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 or at least the age of majority in your country residence and you have given consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - 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.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products sold on Konei 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.
SECTION 5 - PRODUCTS OR 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 any time 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.
While Konei is proud of the quality of its sellers and takes care to ensure that its sellers are honest and responsible, Konei is not liable in any circumstances whatsoever, including for Konei's negligence:
- to any purchaser for the quality, fitness for purpose, compliance with description or lawfulness of the product supplied by the seller
- if the seller does not provide the product
- if the buyer does not pay for the product
- to ensure the safety of any product
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site 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 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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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, federal, provincial or state regulations, 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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do 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.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Konei.nz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, 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, 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, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Konei.nz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ 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.
SECTION 15 - 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.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
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 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
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.
SPECIAL TERMS FOR KONEI SELLERS
SECTION 1 - DIRECT FROM THE MAKER
The Konei website is a marketplace for goods made in New Zealand. Konei welcomes New Zealand brands to sell any items the seller has personally been involved in making or designing. Konei may remove listed items or close sellers' accounts if the goods offered are not, in Konei's sole and unfettered discrimination, items associated in this way with the seller. Konei will always attempt to discuss this with the seller first. There is room for considerable discussion as to whether articles are sufficiently associated with the seller. Generally, but without affecting Konei's absolute discretion, an admissible article will have one or all of the following qualities:
- it is a unique design, designed by the seller
- it has been substantially made by the seller
- it has factory-made components, but these are assembled by the seller in a creative way, or in a way requiring unique or special skill though originally factory made, it has been. it has been upcycled, reconditioned or repurposed by the seller in a substantial way
Sellers must provide a valid New Zealand address and phone number.
SECTION 3 - LAWFUL
Sellers must ensure that the product they are offering for sale conforms with all New Zealand laws. Without limiting the generality of this provision, sellers must ensure the following in relation to products offered for sale on the website:
- that all food products comply with the Food Act and any regulations in force
- that products do not breach Copyright or Trade Mark legislation, or the intellectual property rights of any third party
- that all products comply with safety regulations in force in New Zealand Particular care needs to be taken for products sold as suitable for infants under three years old, as there are laws relating to (for example) choking hazards and flammability. However, it is the seller’s responsibility to ensure all products comply with ALL New Zealand laws
- the GST inclusive (if GST registered) sale price is listed in NZ dollars in the listing for each product
If Konei has concerns about the legality of any items offered for sale, it reserves the right to remove the listings immediately and will not relist the items unless it is satisfied, in its own opinion entirely, that the items comply with New Zealand law. Konei will attempt to communicate with the seller in regard to removing any items from that seller’s listing.
SECTION 4 - LISTING REQUIREMENTS
When listing products on Konei, sellers must:
- clearly state the sale price in NZ dollars and including GST (if GST registered)
- describe the product faithfully without any misleading details or omissions
- list the product in an appropriate category or categories
- remove the listing when the product is not available
- own the copyright for any photographs uploaded to the website
- grant the right for Konei to use any details listed, and any material submitted in a listing for promotion of the website.
In addition, sellers must post the product to buyers promptly upon payment. If a seller defaults on delivering an order and the buyer is not refunded their payment in full, Konei will invoice the seller for the amount in question, plus an administration fee per undelivered purchase. If recovery action is required to recover any such balance, the seller will pay all debt recovery costs.
Duplicate listings of the same item are considered spam and excessive identical listings will be removed. Multiples of an item can be listed using the quantity field. Listings can also be added to up to additional categories.
Items listed in inappropriate categories will be moved to a suitable category or removed at Konei's discretion. Listing fees are not refundable if an item is removed from an unsuitable category.
SECTION 6 - COMMISSION PAYABLE AND LISTING FEES
Sign up to KONEI.NZ is FREE and you get the first 90 days for free up until August 31st, 2020. After your 90 day trial - the cost to list your products is 15% of any and all sales made on Konei. You only get one free 90-day trial. If you decide to terminate your account at any time during the 90 days and re-register at a later date, full rates of 15% of any and all sales apply. Sellers to Consider shipping, commission, and credit card fees when pricing your products.
All listing fees and commission payable to Konei are deducted from the seller’s Konei account. The sums paid into your Konei account are not repayable upon demand.
Sellers may not make arrangements through the Konei website, or with Konei buyers, to conclude a sale outside the Konei system for sales. If Konei becomes aware that this has occurred, it will take action against the seller, which may include claiming any lost commission and terminating the seller’s account.
SECTION 7 - CURRENT INFORMATION
Please make sure you supply correct current information to Konei, including your personal details and correct payment details. It is your responsibility to update these details any time they change. Konei will not be responsible for any losses caused to you due to your failure to provide correct and updated personal information and payment details.
To ensure that active shops are monitored, you are required to log in to Konei on a regular basis while you have listings that are visible to the public.
SECTION 8 - CLOSING ACCOUNTS
Konei reserves the right to cancel any seller's account at any time, without specifying a reason, by sending a message to the seller to the email address specified at registration.
A seller may terminate their account at any time by giving one week’s notice to Konei at the email address firstname.lastname@example.org
Upon termination or suspension of a seller’s account, all commission still payable and any other sum owing remains payable to Konei and must be paid immediately.
SECTION 9 - KONEI COMMUNICATION
One of the lovely things about the Konei website is the community of sellers who support and encourage each other. As a Konei seller you agree that you will not post any material or comments that could be taken as offensive by another seller, and will not post any material which could be defamatory of any party on the website
SECTION 10 - PRIVACY
Konei only collects your personal data for the purposes of administering the website. Your personal details are not made available to any third parties for purposes other than the administration of the Konei website.
Where Konei uses third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfill those services. We use third-party software such as customer relationship management and marketing automation software that holds your information, sometimes overseas. We require any third party to undertake strict precautions to protect your information against unauthorised use or disclosure.
You are entitled to access your personal information and request changes where the information is incomplete or incorrect. Konei will respond to any privacy request within a reasonable time.
Questions about the Terms of Service should be sent to if you have concerns about any aspect of seller’s listings, you are entitled to make a complaint to Konei by sending an email to email@example.com. Konei will carefully consider all complaints made.