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Terms and Conditions

TERMS OF SERVICE

OVERVIEW

This website is operated by B2B Clothing. Throughout the site, the terms “we”, “us” and “our” refer to B2B Clothing. B2B Clothing 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. The term service or services shall include the supply of the products.

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.

SECTION 1 - ONLINE STORE TERMS

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, 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.

You may not use our products for any illegal or unauthorized 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 our products 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 (if applicable)

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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour 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 anytime 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.

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 detail, please review our Returns Policy.

SECTION 7 - 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 right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 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 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 9 - 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 10 - 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 11 - 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 B2B Clothing, 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 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless B2B Clothing 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 13 - 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 14 - 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 15 - 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 16 - 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 17 - 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.

SECTION 19 - COPYRIGHT

All content included on this site such as images, text, button icons, and graphics from this website cannot be reproduced without the written permission of B2B Clothing.

SECTION 20 - CREDIT CARD PROVIDER

DPS / Payment Express is a group of companies consisting of Payment Express Limited, its affiliates and its subsidiaries (collectively, “Payment Express”). Payment Express provides technical solutions to businesses by allowing them to process payments in e-commerce, and via physical payment devices, such as card readers. With respect to any of your personal data collected during or otherwise processed in connection with your use of a Payment Express terminal, or our e-commerce payment solution, Payment Express acts as data processor.

Payment Express Protects Your Personal Information at Least Up to the Standards Set Forth by PCI-DSS

Payment Express is committed to protecting your privacy whenever you buy goods or services from a merchant that uses Payment Express payment solutions (“Merchant”). Merchants will generally use Payment Express’ payment solutions when customer uses a credit or debit payment card over the internet, telephone, fax, unattended or integrated electronic funds transfer at the point of sale (“EFTPOS”) system (collectively “Transactions”). As such, please note that your Merchant acts as the data controller.

Payment Express recognizes its responsibility to keep all personal information confidential at all times. Any information that Payment Express acquires in connection with such Transactions is kept confidential, whether the information is acquired directly from a cardholder or Merchant. Payment Express protects personal information - at a minimum - to the Payment Card Industry Data Security Standards (“PCI-DSS”). To learn more about PCI-DSS, please see our PCI-DSS section below, or visit the PCI Security Standards Council’s website, at: https://www.pcisecuritystandards.org/.

Please note, however, that Payment Express’ responsibility is limited to protection of information that is obtained by Payment Express. Payment Express itself cannot control the use or disclosure by your Merchant of any information that it obtains from you.

How We Collect Information

To enable Payment Express to provide secure payment facilities, we will typically acquire information which may include a cardholder's name, credit card number (with the expiry date) and billing address. That information is collected when a card and its information is provided to a Payment Express payment solution.

How We Use and Disclose Information

Payment Express uses the information it collects to obtain authorization for Transactions from the payment card’s issuing bank (the bank that issued your credit or debit card) and from Payment Express's own or the Merchant's bank (the “acquirer” or “Acquiring Bank”). Some details from the Transaction (such as name, email and delivery address) may be made available to the Merchant or Acquiring Bank through Payline - Payment Express’s web-based transactions management system. Payline allows Merchants to track Transactions and process refunds. Payment card numbers are encrypted and stored by Payment Express securely, and are not provided to the Merchant. Please note that your personal data may be shared with legal authorities if required by law. In addition, and separate from its performance of the services set forth in this Privacy Policy, Payment Express may aggregate and disclose the aggregated data that is not personally identifiable to its partners or third parties. This aggregated, non-identifiable data may be used for statistical analysis or similar purposes.

Security

Payment Express is committed to data security. Payment Express uses a variety of technologies and procedures to help protect personal information from unauthorized access, use or disclosure. For example, Payment Express stores the data in computer servers with limited access that are located in controlled facilities secured by advanced surveillance and security technology. When Payment Express transmits sensitive information (such as a payment card number), Payment Express protects it through the use of encryption, such as the Secure Socket Layer (“SSL”) protocol. Credit card details stored onsite are encrypted using 168bit 3DES encryption. Payment Express is a level 1 certified PCI-DSS compliant provider.

What is PCI-DSS?

PCI-DSS, the Payment Card Industry Data Security Standard, is a set of security requirements relating to the protection of cardholder data. PCI-DSS is governed by the Payment Card Industry (“PCI”) Security Standards Council, an organisation put together by the major card schemes - VISA, MasterCard, American Express, JCB and Discover. PCI-DSS is relevant to any entity that stores or transmits sensitive cardholder data, which consists of information such as the PAN (card number), card security code, track data, and PIN block. Preceding PCI-DSS, the card schemes had their own standards, and the VISA Account Information Security (AIS) standard formed the basis to most of the PCI-DSS requirements. Click here to view our PCI-DSS compliance certificate.

Storage of Information

Payment Express may transfer your information to countries outside of your country of residence, and those countries may have information protection rules that are different from those of your country of residence. Generally, Payment Express stores and processes information in countries where we operate offices, such as New Zealand, Australia, the United States, and the United Kingdom. Payment Express takes measures to ensure that information transfers comply with applicable data protection laws and that your information remains protected to the standards described in this Privacy Policy.

Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk and you accept all liability for such risk, to the extent legally permissible. Once we have received your information, we use strict procedures and security features to try to prevent unauthorised access.

Transfer of Personal Data Outside European Economic Area

The data that we collect from you may be transferred to and stored at a destination outside of the European Economic Area (“EEA”), including, but not limited to, in New Zealand, Australia, and the United States. It may also be processed by staff operating outside the EEA who work for Payment Express. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of payment details, and the provision of support services. By submitting your personal data, you agree to this transfer, storing and processing of your data.

Your Rights With Respect to Your Personal Data

You, as the customer of a Merchant using Payment Express, have certain rights with respect to your personal data.

You have the right to revoke your agreement to the collection, processing, and use of your personal data at any time with effect for the future by contacting our Data Protection Officer at the email address, or physical address, listed in this Privacy Policy. However, please note that doing so may result in Payment Express no longer being able to perform services for your benefit and/or processing payments for your benefit.

You have the right to request access and know what information is held about you. Payment Express will inform you, upon your written request to our Data Protection Officer, about the personal data it has in relation to you, to the extent permitted by applicable law and regulation.

You have the right to erasure, or otherwise to have your personal data deleted or removed upon written request to Payment Express. Please note that Payment Express may erase such data in a reasonable period of time, and that lodging a request to erase your data may effect some of the services Payment Express offers to Merchants.

How to Contact Us

Any questions or concerns relating to the collection and processing of your personal data should be sent via email to the following address: compliance@paymentexpress.com. At this email address you can also request to change your personal data, or have your personal data deleted. Payment Express will answer your request within a reasonable time. You can also send your written requests via mail to the following address: Payment Express, 31-33 Wilkinson Road, Ellerslie, Auckland 1060, New Zealand, for the attention of the Data Protection Officer. If you contact Payment Express via letter, e-mail, phone or by fax, Payment Express is storing your personal data in order to be able to answer your request and may store your correspondence for our records.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@b2bclothing.co.nz.