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Terms of Service

Overview

The terms "we", "us" and "our" refer to Calmist. Calmist operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services").

Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

Section 1 — Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

Section 2 — Our Products

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations. All descriptions of products are subject to change at any time without notice at our sole discretion.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Calmist reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Calmist confirms acceptance. We must receive and process your payment before your order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

Section 4 — Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Section 5 — Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 — Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Calmist, its affiliates or licensors and are protected by copyright and other intellectual property laws. You must not reproduce, distribute, modify, or transmit any of the material on the Services without our prior written consent.

Section 7 — Third-Party Links

The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages related to your access of any third-party websites.

Section 8 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and agree to our privacy practices.

Section 9 — Feedback

If you submit any ideas, suggestions, feedback, or reviews, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose.

Section 10 — Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

Section 11 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to infringe upon intellectual property rights, to harass or harm any person, to transmit false or misleading information, or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Section 12 — Disclaimer of Warranties

Except as expressly stated by Calmist, the services and all products offered through the services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied. We do not guarantee that your use of the service will be uninterrupted, timely, secure or error-free.

Section 13 — Limitation of Liability

To the fullest extent provided by law, in no case shall Calmist, our partners, directors, officers, employees, affiliates, agents, contractors, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the services or any products procured using the services.

Section 14 — Indemnification

You agree to indemnify, defend and hold harmless Calmist and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

Section 15 — 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 16 — Changes to Terms of Service

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 17 — Contact Information

Questions about the Terms of Service should be sent to us at hello@calmist.nz.

Calmist Limited
hello@calmist.nz
NZBN 9429052285134