Our Policies & Terms and Conditions
Here you will find our policies and terms and conditions for using this website and the shop.
For Studio S services terms and conditions are included upon client application and tailored specifically to the work required. If you are unsure about anything or have questions, please contact us via the contact page.
Terms and Conditions
This website is owned and operated by Sears Co (Amanda and John Sears). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors a range of services both paid and unpaid, as well as information and inspiration for small business owners and entrepreneurs. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales is available on request of the specific information via email.
Shop Specific - Return and Refund policy:
We do not accept 'change of mind' returns so please make sure you are happy with your purchase completely prior to processing your payment to us. For any damaged physical products, simply take a picture of the damage and flick us an email firstname.lastname@example.org within 14 days of the date you received the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: clearance items, digital files and pre-made logo designs. We will always meet our obligations under the New Zealand Consumer Gurantees Act.
Shipping and Delivery:
The Sears Co Shop provide free deliver within New Zealand and offers alternative pick up and drop off options where applicable in the Nelson Tasman region. If you are an international buyer we will always try to find the best delivery option to get our products to you in the cheapest, safest and fastest way. If you have not received your product after 2 weeks from the purchase date, please contact Amanda on email@example.com to enquire and we can try to track it down or provide another option, this is based on case by case.
Retention of right to change offering:
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos:
The Sears Co website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Sears Co and Amanda and John Sears. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof unless express permission is provided in writing via email. Just to be clear: All content on this site is protected by copyright laws and written permission by Sears Co (Amanda and John Sears) is required for use, reproduction, distributing or copying.
Right to suspend or cancel user account:
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold Sears Co harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability:
To the maximum extent permitted by applicable law, in no event shall Sears Co, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms:
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content:
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. However you may receive follow up calls in such cases as we need to get in touch with you in relation to a purchase or service that requires communication from you to be finalised, etc.
Preference of law and dispute resolution:
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of New Zealand, without respect to its conflict of laws principles. If there are any disputes with the user and Sears Co we would like to try to resolve the issue ammicably via constructive discussion or mediation, however if court action is required, the judge will assign the court fees as they see fit.
Consumer Guarantees Act (NZ) Disclaimer:
The CGA gives you rights if the products you buy or are supplied by a business are faulty and do not meet the guarantees below under the CGA.
All consumer products must:
- be of acceptable quality (durable, safe, fit for purpose, free from defects, acceptable in look or finish)
- be fit for any particular purpose you have told the supplier
match a description, sample or model shown to you
- have good legal title, eg be able to be sold and not have any security interests registered against them
- be a reasonable price if no price is set
arrive on time (within a reasonable time if not agreed) and in good condition
- have spare parts and repair facilities available (manufacturer is responsible). This does not apply if you are told about limited availability before you buy.
> Read more about Consumer Guarantees for products
Consumer guarantees for services
The CGA gives you rights if the services you purchase or are supplied by a business do not meet the guarantees below under the CGA.
All consumer services must be:
- carried out with reasonable care and skill
- fit for any particular purpose that you’ve told the service provider about
- carried out within a reasonable time if you haven’t agreed the time for completing the work
- charged for at a reasonable price if you haven’t agreed a price for the work.
The Wellness Guide Disclaimer:
The Wellness Guide NZ provides general information and discussions about health and related subjects. The information and other content provided, or in any linked materials, are not intended and should not be construed as medical advice, nor is the information a substitute for professional medical expertise or treatment.
If you or any other person has a medical concern, you should consult with your health care provider or seek other professional medical treatment. Never disregard professional medical advice or delay in seeking it because of something that you have read here or in any linked materials. If you think you may have a medical emergency, call your doctor or emergency services immediately. The opinions and views expressed by The Wellness Guide NZ have no relation to those of any academic, hospital, health practice or other institution.
Studio S Disclaimer:
The Studio S services have their own specific contract and services agreement available when a specific service is purchased or Studio S is hired as a contractor/freelancer. To see the Studio S services agreement please email Amanda: firstname.lastname@example.org. The FREE Resources we provide are intended as informational guides only and are not legally binding but rather our opinion of best practice based on research and experience. The digital world changes rapidly and some of our recommendations may now be out of date, so make sure you only use them as a guide, rather than 'law'. All we want to do is help in any way we can.
The Sears Co website has a lot of information, businesses and projects and we endeavour to be as transparent with our businesses as much as possible however we do use some third party apps on our site and cannot be held liable for the data they collect or what they do with it.
Customer support details & contact info
Updated: February 25th 2019