TERMS & CONDITIONS

TERMS & CONDITIONS

Visiting or browsing this site constitutes acceptance of the terms of use, without qualification or limitation. Do not use this site if you do not agree to the terms of use.

We reserve the right to modify, add or remove portions of these terms and conditions or the privacy policy at any time. Any changes shall become effective immediately upon posting on the relevant pages of www.himaraj.com.

It is the responsibility of site visitors to periodically check for changes to these terms of use or privacy policy. Continued use of this site following the posting of terms of use or privacy policy changes is construed as acceptance of those changes.

If you have any queries regarding these Terms, please contact us at [email protected]

GENERAL

This Website is owned and operated by Himaraj.

Himaraj does not accept any deviating terms and conditions of the customer unless we agree to these explicitly and in writing. The terms and conditions listed below are directed only at customers who are users, which means people who conclude legal transactions for a purpose which is attributed to personal and non-commercial use only.

By using this Website, you warrant that:

  • you are legally capable of entering into binding contracts
  • you are at least 18 years of age
  • the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity

PURCHASES

Customers must provide Himaraj with complete and accurate details when making purchases. Himaraj is not liable if we are given an incorrect delivery address at the time of purchase or where you fail to collect the products from the delivery address which you specified. Any additional expenses in correcting the order are the responsibility of the customer.

PAYMENT

Himaraj accepts only the methods of payment stated on the web portal during the order process. The customer independently chooses the preferred way of paying among the offered payment methods.

All prices quoted are in New Zealand dollars (NZD) and include GST. Costs related to international orders are calculated using an integrated currency converter. Himaraj is not responsible for varying currency conversion rates charged by customers’ banks.

Customers will receive an invoice confirming the order once Himaraj receives payment. Some orders may be subject to fraud checks, this means you may be required to provide additional identification to verify your transaction.

LIABILITY

The customers’s claims to damages or compensation of frustrated expenditures against Himaraj are directed – without regard to the legal nature of the asserted claim – according to these terms.

Our liability – regardless of the legal basis of customer’s claims – shall be excluded unless the damage arose due to intent or gross negligence on our part, by our employees, legal representatives, or vicarious agents. Provided our liability is excluded or limited, the same goes for the personal liability of our employees, legal representatives, or vicarious agents.

We accept liability in accordance with the statutory law for of damage resulting from injury to life, limb or health, due to intentional gross negligence or negligence of duties arising from the contractual relationship on our part, by our legal representatives, employees or vicarious agents.

In particular, we disclaim all liabilities in connection with the following:

  • incompatibility of the website with any of your equipment, software or telecommunications links
  • technical problems including errors or interruptions of the website
  • unsuitability, unreliability or inaccuracy of the website
  • failure of the website to meet your requirements.

DATA STORAGE AND DATA PROTECTION

The customer acknowledges and consents to Himaraj storing the customer’s personal data necessary to processing an order. The customer explicitly consents to collecting, processing and using their personal data. Of course, stored personal data will be treated confidentially.

The customer has the right to revoke their consent with future effect. In such a case, we are obliged to erase or block personal data in accordance with the applying data protection regulations. In case of a cancelled registration processes, the erasure of personal data occurs after cancellation of the registration process.

TYPOGRAPHICAL ERRORS

Himaraj is not responsible for any typographical errors including representation of products as well as prices. Himaraj may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Himaraj assumes no responsibility regarding the accuracy of the information that is provided by its websites, and use of such information is at the recipient’s own risk.

CONTENT

Himaraj has used its best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (‘Content’) are correct and up-to-date at the time of publication. Himaraj does not represent or warrant the accuracy or completeness of the Content and does not remain liable for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.

To the extent permitted by law, Himaraj and its directors, employees, agents and contractors exclude all liability for any consequential, indirect or incidental loss or for any loss of profits, income, business or goodwill, that occurs as a result of your use or access of this Website, and/or from you using or relying on the Content, whether or not it’s caused by any negligent act or oversight on our part or by Himaraj’s related corporations.

SECURITY

Himaraj does not guarantee the security of using this site or any systems used to access this site. Further information about security in relation to your personal information can be found in our Privacy Policy.

THIRD PARTY SITES

The Website may contain hyperlinks to sites operated by third parties. Himaraj does not control these linked sites, and we are therefore not responsible for the content of those sites. Links are provided solely for your own convenience and Himraj’s decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk.

DISCOUNT CODES

All discount codes and price discounts are in issued in NZD. Discount codes cannot be used in conjunction with any other offer (excluding clearance sale prices).

ORDER PROCESSING

Orders are processed on business days (Monday through Friday) excluding public holidays in Auckland, New Zealand.

FRAUD

Himaraj takes every measure against credit card fraud. If we suspect that a customer’s order may be fraudulent, we will contact the customer to confirm certain details. If the customer refuses to respond with the required information within 7 working days, we reserve the right to cancel the order.

CANCELLATION

Himaraj reserves the right to cancel any order if we are unable to provide the requested products. Customers will be immediately contacted in these cases.

Himaraj is not liable to compensate for any loss, expense or inconvenience customers may face as a result of cancellation.

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 – CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected]

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 – WOOCOMMERCE

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

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment
We utilise PayPal gateway

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

SECTION 5 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 – COOKIES

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Woocommerce to store information about your session (referrer, landing page, etc).
_Woocommerce_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_Woocommerce_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

SECTION 8 – AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

SECTION 10 – GOOGLE ANALYTICS

This website uses Google Analytics, a web analysis service of Google Inc. (hereinafter referred to as ‘Google’). Google Analytics uses so-called ‘cookies’, text files which are stored on your computer and which make possible an analysis of website use by you.

The information generated by the cookie with regard to your use of this website, including your IP address, is transferred to a server of Google in the U.S. and stored there. Google uses this information to evaluate your use of this website, to assemble reports on website activities for other website operators and to provide other services pertaining to website and Internet use. Google can also transfer this information to third parties insofar as it is legally required or insofar as third parties use this data in ways commissioned by Google.

Google will under no circumstances place your IP address in conjunction with other data of Google Inc. You can prevent the installation of cookies by adjusting your browser software. However, we call your attention to the fact that in such a case, not all functions of this website will be operative.

Through using this website, you declare yourself in agreement with the editing of data which you have provided by Google in the ways described above and for the purposes described above.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected]