The Cookie Project
Website Terms and Conditions
Ver 1.0 (March 2019). Prepared by Andrew Siew and Eric Chuah
By using this Internet Site you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Site immediately.
We value your privacy. We will never give, lease, sell or otherwise disclose your personal information. Period! Any information you give to The Cookie Project will be held with the utmost care.
3. Resale or Disclosure of Information to Third Parties
The Cookie Project reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the website. Your continued use of the Internet Site following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
While The Cookie Project endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Site and has no reason to believe that any information contained on the Internet Site is inaccurate, The Cookie Project does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. The Cookie Project does not undertake to keep the Internet Site updated, The Cookie Project does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Site including without limitation where such loss or damage is a result of or contributed to by the negligence of The Cookie Project.
6. Linked Websites and Third Party Information
The Internet Site may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. The Cookie Project is not responsible for the content or privacy practices associated with linked websites. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.
The Internet Site may contain information which is obtained from third parties and which those third parties or The Cookie Project may post on the Internet Site from time to time. Such information is provided for convenience only and The Cookie Project does not necessarily endorse the products or services referred to in the information.
The Cookie Project requires that you obtain the prior written approval of The Cookie Project before providing any link to the Website. Where such approval is given, you further agree that you will not use any The Cookie Project logo, trademark or other proprietary graphic as part of such link without the express prior approval of The Cookie Project.
You must take your own precautions to ensure that the process which you employ for accessing the Internet Site, and/or downloading any information from the
Internet Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunications equipment or other property. The Cookie Project does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Site or any linked website.
9. Exclusion of Warranty
To the fullest extent permitted by law, in relation to your access and use of the Internet Site any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded. The Cookie Project further notes that the information accessed through the Internet Site is to inform you of The Cookie Project range of products and their offerings.
10. Exclusion of Liability
Under no circumstances will The Cookie Project, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortuous or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Site or in respect of any failure or omission on the part of The Cookie Project to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Site.
11. Limitation of Liability
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and The Cookie Project becomes liable for any loss or damage that would otherwise have been excluded, The Cookie Project maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Site is to be limited to $50 in New Zealand currency.
In the event of any problem with the Internet Site or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
13. Failure to Comply
The Cookie Project accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
If The Cookie Project waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
In the case of a breach of these Terms and Conditions by you or any other person, The Cookie Project is free to decide whether it wishes to take action for such breach, and if so when and how. The Cookie Project will not be prevented by passage of time or any other matter, from exercising its rights.
16. No Assignment
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
All The Cookie Project content on the Internet Site is protected. The Cookie Project is either the owner or licensee of all rights to such content. All such rights are reserved.
18. Member responsibility
By registering as a member you agree to automatically subscribe to The Cookie Project newsletter subscription list.
19. Terms of Purchase
The Cookie Project gives customers convenient, quick, easy and secure shopping. Products displayed on this site can be purchased using secure online Mastercard, Visa, WeChat or Direct Credit transaction facility. Customers can be confident that all of their details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfillment.
All prices are in New Zealand dollars (NZ$) and include GST (sales tax). All prices are correct at time of publication; however we reserve the right to alter prices for any reason. Please note: Promotions available online may differ from, or not be available instore.
Your Order must contain your name, email address, credit card details, billing address, delivery address and any other ordering information specified on the Website.
You may not cancel an Order once it has been submitted.
The Cookie Project may reject your Order at any time and are not required to give reasons for rejecting your Order. If rejected for any reason, neither you or we will be under any further obligation to the other arising out of your Order or our rejection of that Order.
If we reject your Order we undertake to reimburse you for any payments already received by us.
Delivery of the Goods to you will take place in the manner chosen by The Cookie Project unless agreed otherwise with you. The Cookie Project will not be liable for any delay in delivery of Goods ordered. Expected timeframe Auckland Central within 5 business days. Rest of NZ within 7 business days.
In the event that the Goods do not get delivered to you or get returned to sender, The Cookie Project may, at their discretion, refund the monies paid for the Goods less the freight charged.
If a product is faulty or you have received an incorrect item, we will exchange, offer you an online credit, or refund your purchase provided that goods are returned within 10 days of purchase and in original condition.
Please note that proof of purchase will be required. Once your return has been received and processed, we will email you to confirm the refund or exchange process. Any refunds will be made back to the credit card the item was purchased with. Please allow up to 5 business days from the time we receive your return for it to be processed.
The refunded amount will be in NZD and will be refunded at the exchange rate at the time of refund, not the time of purchase.
Payment must be effected in the manner described on the Website. Prices are inclusive of GST unless otherwise stated. Prices are, however, exclusive of other taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of the Goods. Where payment is by credit card, you will be liable for all Orders placed using your credit card.
The Cookie Project may from time to time donate a percentage of the sale price of any Goods to any charity of its choosing. The Goods to which this applies and the charity or charities chosen by The Cookie Project are shown on the Website. Nothing in these Terms of Purchase comprises an endorsement of The Cookie Project products by any recipient of a donation.
The Goods are offered for sale only to persons who can make legally binding contracts. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the Website and the purchase of Goods from the Website. By placing an Order for Goods you represent that you are capable of making a legally binding contract and that the Goods purchased will be used in a lawful manner.
30. New Zealand Law
Details contained on the Internet Site relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction. We do not warrant that the details, descriptions or claims on the Internet Site concerning Goods will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you may not Order any Goods from the Website.
31. Goods description and availability
All descriptions of Goods, specifications, quantities and prices of Goods depicted on the Internet Site are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only. The Cookie Project will make all reasonable efforts to accurately display the attributes of the Goods, including applicable colours; however, the actual colour you see will depend on your computer and we can not guarantee your computer will accurately display such colours. While The Cookie Project will use its best endeavours to ensure your Order is met, The Cookie Project provides no warranty as to the availability of Goods ordered on the Website.
32. Competition/Giveaway Terms & Conditions
The Giveaway shall end on the date specified. Your participation in the Competition or Giveaway is considered your agreement that The Cookie Project may contact you. Only persons whom reside in New Zealand are eligible for entry to the Competition or Giveaway. It is the responsibility of the individual to ensure that the correct contact phone number, email & postal address is used, The Cookie Project will not be held accountable for ensuring that correct information have been submitted.
The Cookie Project employees and their immediate family cannot participate in any Competitions or Giveaways.
The Cookie Project decision is final with respect to all matters relating to awarding of the Competition or Giveaway and shall not be subject to review or appeal by any entrant or by any third party.
Each entrant shall be entitled to submit one entry into the Competition or Giveaway. If it is deemed an entrant to have submitted multiple entries or to have acted in bad faith with respect to the Competition or Giveaway, the entrant shall be excluded from the Competition or Giveaway.
The Cookie Project reserves the right to alter these Terms and Conditions at any time and in its sole discretion. The Cookie Project reserves the right, at any time, to cancel, modify or suspend the Competition or Giveaway.
The Competition or Giveaway prize is neither transferrable nor exchangeable and cannot be exchanged for money or money’s worth. The prize value and the number of prize winners will depend upon on the number of eligible entries received.
Winner(s) will be contacted by The Cookie Project via social media, email or phone where provided and will be asked to provide their first and last names and delivery address. If a potential winner does not respond within 5 working days The Cookie Project may select an alternate potential winner in their place at random from all entries received or a subset of entries received during the entry period, or by engaging entrants in another manner. The Competition or Giveaway prize will be mailed out to the winner or the winner can collect the prize from our kitchen.
If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us:
* Email: [email protected]
* Phone: +64 2 79 73 71 81 (Eric Chuah, Co-Founder)
* Post: The Cookie Project, 5 Galatos St, Auckland 1010. New Zealand.