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Terms of Service

  1. Acceptance Of Terms Of Service
    • Your access to and use of this Site, the Service and purchase of any Products is conditional upon your acceptance of these Terms of Service, which includes those additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Return Policy and our Privacy Statement.

    • These Terms of Service apply to all users of the Site, without limitation. If you do not accept all of the Terms of Service, then you must not access the Site, use our Service or buy our Products.

  2. Online Store Terms
    • Any new features, products, or tools which are added to the Store shall be subject to the Terms of Service.

    • Our Store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and provide the Service to you.

    • By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or country of residence.

    • Your breach or violation of any of the Terms of Service may result in an immediate termination of the Service to you.

  3. General Conditions
    • We reserve the right to refuse to provide or to withdraw the Service or Products to you for any reason at any time.

    • You accept that your personal information (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 or Products without express written permission from us.

    • The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

    • Should we commence any action against you for a breach of the Terms of Service, you shall reimburse us for all legal costs, debt collection and other costs (directly or indirectly) incurred by us whether or not Court proceedings are filed.

  4. Accuracy, Completeness And Timeliness Of Information
    • We have taken reasonable care to ensure the accuracy and currency of information on the Site, including Products, prices and the Service. However, your reliance on the material on this Site is at your own risk.

    • We reserve the right to modify the contents of this Site at any time. However, we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to our Site.

  5. 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 thereof) without notice.

    • We shall not be liable for loss to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  6. Products and Services
    • Products may have limited quantities and are subject to return or exchange only according to our Return Policy.

    • We display our Products as accurately as possible in our Store, but we cannot guarantee that the colour or representation of Products will match your computer monitor's display.

    • We reserve the right, but are not obligated, to limit the sales of our Products or the provision of the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis, at our sole discretion.

    • We reserve the right to limit the quantities of any Products or the Service that we offer.

    • All descriptions of Products, including prices, are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any Products at any time.

    • To the extent permitted by law, all representations, conditions and warranties, whether based in statute, common law or otherwise, are excluded. To the extent permitted by law, our liability for any perceived or actual inadequacy in the Products or Service, whether implied by law or otherwise, is limited, and shall not exceed the price paid for the particular Products, purchased by you in any circumstances.

  7. 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 of Products 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.

  8. 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 such third-party tools.

    • Any use by you of tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve 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.

  9. 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.

  10. 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 ('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 under no obligation to keep any comments in confidence, to pay compensation for any comments, or  respond to any comments.

    • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, 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 or impinge upon any right of any third-party, including but not limited to copyright, trademark, privacy, or such other personal or proprietary right. You further agree that your comments will not contain libellous 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 or third party 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.

  11. Personal Information
    • Your submission of personal information via the Service is governed by our Privacy Policy. To view our Privacy Policy.

  12. 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 on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    • We are under no obligation to update, amend or clarify information in the Site 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 or third party website, should be taken to indicate that all information in the  Site or on any related website has been modified or updated.

  13. Prohibited Uses
    • In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, the Service or Products: (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 Site 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 Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or Site or any related website for any breach of this clause.

  14. Disclaimer Of Warranties & Limitation Of Liability
    • We do not guarantee, represent or warrant that your use of our Service or Site will be uninterrupted, timely, secure or error free. 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.

    • To the extent permitted by law, you expressly agree that your use of, or inability to use, the Service is at your sole risk.

    • To the extent permitted by law, in no case shall we be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever, howsoever caused, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or related to your use of the Service or Site or purchase of any Products.

  15. Indemnification
    • To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any claim or demand, including legal costs and expenses, 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 use of the Service or the Site or purchase of any Products, or your violation of any law or the rights of a third-party, including whether caused or arising as a result of any act, omission or negligence of ours.

  16. Termination
    • 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 by ceasing to use our Site. Notwithstanding this, the provisions of clauses 3.3, 3.5, 6.6, 14.3 and 15.1 shall survive the termination of the Terms of Service and remain binding on the relevant party. The termination of the Terms of Service shall be without prejudice to the rights and obligations of the parties immediately before termination.

    • 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 or suspend the provision of the Service or Products to you, at any time without notice, and you will remain liable for all amounts due up to and including the date of termination or suspension.

  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 relation to the Service constitute 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.

    • 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.

  18. Governing Law
    • These Terms of Service, the Service, the Site and the Products shall be governed by and construed in accordance with the laws of New Zealand.

  19. Changes To Terms Of Service
    • You can view the most current version of the Terms of Service at any time on our Site.

    • 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 Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  20. Contact Information
    • Questions about the Terms of Service should be sent to us at

  21. Interpretation
    • “Pika and Pookie Designs” means Carr Creative Limited, trading as Pika and Pookie Designs.

    • “Products” means the products sold by Pika and Pookie Designs on the Site.

    • “Service” means services provided by Pika and Pookie Designs relating to the sale of Products on the Site, and all other incidental and related matters.

    • “Site” means this website of Pika and Pookie Designs.

    • “Store” means our online store on the Site.

    • “Terms of Service” means these terms of service, as amended from time to time by Pika and Pookie Designs.

    • “We”, “us” and “our” means Pika & Pookie Designs.

    • “You” means you, the user of our Service, purchaser of our Products and accessor of our Site.




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