Refund and Returns Policy

Liability

1. The Consumer Guarantees Act 1993 (CGA) other statutes may impose warranties, conditions, or obligations on us which cannot by law (or which can only to a limited extent by law) be excluded.  Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise. 

2. Subject to clause ‎5, if you are a ‘consumer’ (as that term is defined under the CGA), we provide guarantees regarding the quality, description and fitness for purpose of the Services, and the Reterniti Stone or Pebble, we provide to you.  If you have concerns about the Services or the Reterniti Stone or Pebble, then you should notify us of those concerns via the contact information on our Website.

3. In the unlikely event that the Reterniti Stone or Pebble is faulty, we will endeavour to remedy the fault.  If it is not reasonably possible for us to remedy the fault, we may refund the Price paid by you (in our sole discretion).  Any refund of the Price under this clause ‎9.3 will not include any freight/shipping costs and / or any handling/administration fees incurred by us.  

4. We will not be liable to repair a Reterniti Stone or Pebble or provide a refund if the Reterniti Stone or Pebble is damaged, defective due to improper use, storage, placement or alteration by you, negligent action or omission by you, you or the Reseller providing incorrect instructions to us (including misspelling for etching) damage in transit as set out in clause ‎8, or by circumstances caused beyond our reasonable control. It is understood that placement outside or within water will result in gradual breakdown of the Reterniti Stone or Pebble, which is normal and designed to do and as such deterioration will not be regarded as a fault.

5. You must not request Services from us if you are a business and request Services from us with the intention of re-selling a Reterniti Stone or Pebble.  If, despite this, you are a business and request Services from us with the intention of re-selling a Reterniti Stone or Pebble, the CGA will not apply in relation to the supply of Services to you.  

6. If we are liable to you for any reason our liability will be limited to the Price paid by you for the Services.

7. We will not be liable for any loss of profits or any indirect or consequential loss or damage arising out of these Terms or our dealings with you.

Events Beyond Our Control

1. We reserve the right to defer the date of delivery or to cancel your order if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control. 

2. You acknowledge that we will not be liable for remains or Reterniti Stones or Pebbles lost or damaged at our premises due to Acts of God (which include but are not restricted to earthquake, flooding, wind events or lightning), fire, robbery, or burglary.

No Waiver

1. We will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by us.  A failure to exercise or delay in exercising any right by us under these Terms will not operate as a waiver of that right.  Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

Assignment

1. Neither party can assign or transfer any rights under these Terms to any other person without the prior written consent of the other party.

Changes to these Terms

1. We reserve the right to make changes to these Terms, the description of our Services and our Prices, at any time.

2. We will notify you of any changes to these Terms by including the updated Terms, Services and/or Prices on our Website and providing them to our Resellers.  We may also notify you by email of any changes to these Terms.

3. Any new Terms notified by us in accordance with clause ‎13.2 will apply to any subsequent order that you place with us in relation to our Services.

4. If you do not wish to comply with our new Terms, then you will not be able to continue using our Services.

Notices

1. If we are required to give notice to you under these Terms, we may do so by sending that notice to the email address you provided when setting up your access to the Services.  You will be deemed to have received our notice at the time of transmission. 

2. If you are required to give notice to us under these Terms, you may do so by sending that notice to enquiries@reterniti.com.  We will be deemed to have received your notice at the time of transmission. 

Governing Law and Jurisdiction

1. The law of New Zealand applies to these Terms and the transactions contemplated by them.  The New Zealand courts have jurisdiction in respect of these Terms and the transactions contemplated by them.