TERMS AND CONDITIONS

1. ABOUT OUR TERMS

1.1             These Terms explain how you may use the Pearific website (the Site).

1.2             The Site is managed by Farshid Sarmast Design Studio Limited, a company incorporated in New Zealand with registered company number 9239066. Our registered address is 43 Earp Crescent, Chartwell, Hamilton, New Zealand. You should read these Terms carefully before using the Site.

1.3         You agree to be bound by these Conditions and the documents referred to in them when you access or use this website, or otherwise indicate your agreement.

1.4         You must immediately terminate your use of the site if you disagree with or don not accept any of these terms.

2. YOUR PRIVACY AND PERSONAL INFORMATION

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

3. USING THE SITE

3.1         You may only use this site for personal purposes.

3.2         You acknowledge and agree that you are solely in charge of:

3.2.1     any charges and expenses you may incur in connection with your use of the Site; and

3.2.2     maintaining the confidentiality of your password and other account information.

3.3         The Site is intended for Only users from Australia and New Zealand. You are in charge of adhering to local laws where they apply if you decide to use the Site from a place outside of Australia and New Zealand.

3.4         Our goal is to ensure maximum accessibility to the Site. Please email us at support@pearific.com if you experience any problems using the site.

3.5         By using the Site, you acknowledge and agree to be bound by our Online terms and conditions and Appropriate Use terms (see clause 4 below).

3.6         If you violate any of these conditions, the conditions or policies they relate to, or any relevant legislation, we reserve the right to terminate or suspend your access to the Site.

4. APPROPRIATE USE

4.1         You acknowledge and agree that, in exchange for using the Site, you will not use:

4.1.1     for any purpose that is forbidden by these Terms or illegal under any applicable legislation;

4.1.2     to engage in any fraudulent activity;

4.1.3     to disseminate malware, viruses, or other software that is similarly dangerous;

4.1.4     in order to distribute spam or encourage unsolicited advertising;

4.1.5     to forge communications that appear to be from us or another service or organization in an effort to obtain login credentials, identity data, or other information (a practice known as “phishing”);

4.1.6     in any way that interferes with the operation of our website, business, or the website or business of any other entity;

4.1.7     in any way that endangers minors;

4.1.8     in any way that encourages illegal activity;

4.1.9     in any way that suggests we support any other company, product, or service unless we have given our express written consent to do so;

4.1.10   in any way that enables unauthorised access to or use of computers, data, systems, accounts, or networks; or

4.1.11   in an effort to get around password or user authentication methods.

5. FRAMING AND LINKING

5.1         If you do not have our previous written approval, you may establish a connection to our site from another website as long as it does not

5.1.1     encloses the content of our website in a frame or other browser-like environment;

5.1.2     suggests that we support your goods or services, or any goods or services offered by, or accessible through, the website from which you link to our site;

5.1.3     displays any trademarks or logos used on our site without our consent or the permission of the owners of such trademarks or logos; or

5.1.4     is posted on a website that violates these terms.

5.2         Links to the Site may be removed at any time, and you agree to remove links at our request without delay. We reserve the right to demand that you do so.

6. USER GENERATED CONTENT

6.1         On our site, there are sections where we might display user-generated content (“UGC”), like comments and photos. We might also display these in our emails and on social media. With regard to such UGC, we are just hosting providers; as such, we are not required to monitor or moderate any text, images, video, audio, or other multimedia content, information, or material, and as such, we assume no responsibility or liability on the content itself.

6.2         We might edit or remove any UGC from our site at any time and for any reason.

6.3         By uploading any UGC to the site, you guarantee that you have the right to do so, and the UGC is:

6.3.1     your own unique work that has been duly submitted;

6.3.2     factually correct or your own sincere beliefs;

6.3.3     obtained with appropriate permission from any third party;

6.3.4     not defamatory or likely to give rise to a defamation allegation;

6.3.5     not offensive, obscene, sexually explicit, discriminatory, or misleading; and

6.3.6     unlikely to offend, embarrass, or annoy others.

6.4         With regard to the User Generated Content (UGC) that you submit, you give us a perpetual, exclusive, worldwide, sublicensable, and free license to use such UGC for any purpose and in any manner, including but not limited to storing, copying, reproducing, publishing, posting, transmitting, distributing, displaying, modifying, translating, incorporating into other materials, and commercially exploiting it in any way. As such, we kindly ask that you refrain from sending us any information, materials, or content that you do not wish to be covered by the aforementioned terms.

7. RIGHTS TO INTELLECTUAL PROPERTY

7.1         We, our licensors, or both (as applicable) are the owners of the Site and any intellectual property rights included therein, including but not limited to any material. Copyright, trademarks, domain names, design rights, database rights, patents, and any other forms of intellectual property rights, whether or not they are registered (anywhere in the world), are examples of intellectual property rights. All of our and their intellectual property rights are reserved by us and our licensors in relation to these Terms. For example, this implies that we and they continue to be the proprietors of them and are free to use them whatever we and they see fit.

7.2         The term “Pearific,” the “.Pearific products.” logo, the names of our product lines, and other marks that are utilized as trademarks are some of the things that make up our trademarks. The use of our site and its contents do not provide you any permission to use our trademarks, which may be registered or in use in several countries.
7.3         The ownership of any other trademarks is retained by their respective owners.

7.4         Everything contained on our website (including, but not limited to, Pearific trademarks, logos, graphics, text, pictures, designs, icons, images, illustrations, data, and software) belongs to Farshid Sarmast Design Studio Limited, its affiliates, and licensors. As such, it is shielded by copyright laws, both domestically and internationally, as well as other intellectual property laws. We own or have a license for any copyright or other intellectual property on this site. Reproducing all or any portion of the materials of our site, save as permitted by this agreement, is strictly forbidden.
7.5         You are granted the following LIMITED permission to reproduce the information on our site:

7.5.1     You may print or download pages from this website, but only for personal use. You are not allowed to alter them in any way.
7.5.2     You may copy, extract, or forward pages from our site to a third party for their personal use only, PROVIDED that you: (a) do not alter the extract or pages prior to copying; (b) acknowledge that the extract is from our site; (c) include the URL address of our site on the extract; and (d) notify the third party that their use and further copies of the extract are subject to the terms of this license.

7.6         The following actions are prohibited under the restricted license that you have been granted:
7.6.1     You may not, without our prior written approval, integrate any element of our site into any other publication or production, including an electronic work.
7.6.2     You are not permitted to frame our website on any other website that you are in charge of.

8. INFORMATION ACCURACY AND SITE AVAILABILITY
8.1         We make every effort to ensure that the Site is correct, current, and bug-free, but we cannot guarantee it. Additionally, we cannot guarantee that the Site will be appropriate or useful for any purpose. You bear all liability for any reliance you may have on the information on the Site.
8.2         At any time, we reserve the right to halt or discontinue the Site’s operations.
8.3         The content on this website is only for your general information and is intended to tell you about us, our news, features, services, and other websites that you might find interesting. It should not be used for any reason and does not constitute technical, financial, legal, or any other kind of advice.

8.4         Although we make every effort to ensure that the Site is available for your use, we cannot guarantee that it will always be available or that you will be able to use it without interruption.

9. HYPERLINKS TO OUTSIDE CONTENT
9.1         We only offer links to other websites and resources that are supplied by other parties for your convenience. We disclaim all liability for the information found on those websites and other resources, as well as for any harm or loss you might sustain as a result of using them. No reference to any company, organization, or individual on these pages or on other websites to which these pages are linked should be construed as our endorsement or assurance of the reputation and qualifications of such companies, organizations, or individuals.
9.2         You should not hold us liable for anything that happens to you when you visit any other website. You will leave our site when you click on an external or third-party link.

10. LIABILITY LIMITATION

10.1       Nothing in this Agreement will reduce or eliminate our liability for fraudulent misrepresentation, or for dying or suffering serious injury as a result of our own or our representatives’ carelessness.

10.2       Notwithstanding the foregoing, we shall not be responsible for any lost profits, revenue, contracts, business, or anticipated savings, loss of goodwill or reputation, or any special, indirect, or consequential damages (including negligence) resulting from or related to this agreement.

10.3       In addition, we disclaim all liability (including negligence) for the deeds or inactions of other telecommunications service providers, as well as for errors or malfunctions in their networks and hardware.

11. INDEMNITY

You undertake to defend and hold harmless us, our affiliates, agents, and each of their officers, directors, and employees against any demand or claim made by a third party resulting from your violation of any law or third party’s rights, your breach of this agreement, or both. This includes paying legal fees.

12. SECURITY

12.1       Secure Socket Layer (SSL) secure payment mechanisms and certain card issuer safeguards ensure that all Pearific online transactions take place in a secure environment, protecting our consumers against fraud.  Our software is current and fully compliant.

12.2       To guarantee the privacy and security of your online transactions, we encrypt the credit card information you provide. We only take orders from web browsers that support Secure Socket Layer (SSL) transmission; as a result, you cannot unintentionally place an order via an unsafe connection. Most browser versions higher than three are compatible with this protection.
13. THINGS OUTSIDE OUR POWER
If an incident or condition beyond our reasonable control occurs—for example, a strike, lockout, or other industrial dispute; a breakdown in systems or network access; a flood, fire, explosion, or accident—we will not be liable to you for any breach of these Terms.

14. THIRD PARTY RIGHTS
These Terms are only enforceable by parties to these Terms; other parties are not entitled to do so.
15. CHANGE
The start date of these terms is June 22, 2024. Any modifications to these Terms must be approved in writing by us or done in compliance with this clause in order for them to be valid or effective. 15. We reserve the right to occasionally change these Terms. Our revised Terms will be posted on the Site, and by using and accessing the Site after we’ve made changes, you accept our terms, regardless of how they may have changed. It is your obligation to periodically review these Terms in order to confirm any such modifications.

16. LAW OF NEW ZEALAND IS APPLICABLE TO THIS CONTRACT.

The law of New Zealand shall govern and be construed in accordance with any dispute or claim arising out of or related to a contract between us, or its subject matter or formation (including non-contractual disputes or claims). The courts of New Zealand shall have exclusive jurisdiction to settle any such dispute or claim. 

Conditions and terms of sale

1. OUR IDENTITY

We are the Farshid Sarmast Design Studio Limited, a New Zealand-registered business with company number 9239066. 43 Earp Crescent, Chartwell, Hamilton, New Zealand is our registered address.

2. TERMS AND SUMMARY

You agree to these terms and conditions when you buy any product(s) (Products) from the Pearific website, together with any other papers that are referenced. These terms and conditions outline the following:

• your legal rights and obligations;
• our legal rights and obligations; and
• certain important legally necessary information.

Before making any purchases on the website, please read these terms and conditions and make sure there are no clauses that you cannot agree to.

Please email support@pearific.com to get in touch with us if there is anything in these terms and conditions that you do not understand and would like to discuss.

These Terms & Conditions are subject to change at any time without prior notice to you. Orders placed at the time of the change or at any later period will be subject to the modifications. It is your duty to periodically review these Terms & Conditions to see whether any modifications have been made.

3. PROTECTION OF DATA AND PRIVACY

We value your personal information and privacy. Your rights regarding your personal information, how and why we collect, store, use, and share it, and how to contact us and supervisory authorities with questions or complaints about our use of your personal information are all outlined in our Privacy policy, which governs how we handle your personal data.

4. PURCHASING GOODS FROM US
4.1         When you submit an order for such Products via the Website, a legally enforceable contract for the sale of Products is formed between you and us. This clause describes how this happens.
4.2         You are not permitted to place an order or make a purchase of any product(s) from us if you are under the age of 18.
4.3         After you make an order for products and we send you an email confirming that your order has been accepted, you and us shall enter into a legally enforceable contract for the purchase of products (Confirmation Email).To be clear, an acknowledgement in writing that your order has been placed and/or received does not qualify as a confirmation email.

4.4         The Order and the total amount due are specified in the Confirmation Email.  In the event that an issue occurs or you do not receive a confirmation email, please email support@pearific.com as soon as possible.

4.5         We reserve the right to reject your order for any reason, including but not restricted to the following:

4.5.1     The Products are not available;

4.5.2     Your payment cannot be authorized;

4.5.3     You are not permitted to purchase the Products from us;

4.5.4     You are not authorized to purchase the Products from us;

4.5.5     You ordered an excessive number of units of Products;

4.5.6     Your order failed our fraud screening procedure;

4.5.6     Your payment method or card issuer declined your order; or

4.5.7     There was an error in the Product’s price or description.

4.6         All orders are contingent upon stock availability.

5. DESCRIPTIONS OF THE PRODUCTS

5.1         Every attempt has been made to provide an accurate representation of Product colours on our website. We are unable to guarantee that the colour you see on your screen or device will correctly reflect the true colour of the product, though, because of things like variations in screen and device settings.

5.2         All illustrations, photographs, specifications, advertising, and descriptive material that appear on our website, as well as any descriptions, photographs, or illustrations in our catalogues or brochures, are released and published with the express intent of providing a general understanding of the Products that are the subject of them. They won’t be included in the agreement between us, and there won’t be any explicit or implicit guarantees or warranties made in this respect in the agreement.

5.3         The Products supplied may not be an exact colour match if you purchase the same Products under separate orders because we cannot guarantee that they will come from the same batch of textiles or materials.

5.4         All pictures, descriptions, drawings, specifications, and advertisements are for our exclusive use and the use of our business partners; they cannot be used or duplicated without our permission.

5.5         We cannot guarantee that the Products you receive will be exactly as the product, website, or catalogue photograph because we do not have complete control over the materials.

5.6         All measurements are given to the best of our ability; however, they are approximate.

6. COSTS AND ACCEPTANCE

6.1         Where relevant, the prices listed on our website are quoted in local currency.

6.2         All prices are indicated including relevant local value added tax and local duties; delivery and packaging costs are not included and will be billed at the rates listed during the checkout process. Orders that are requested to be shipped overseas may incur additional costs and customs depending on the destination and shipping method.

6.3         Occasionally, we shall apply discounts to the regular pricing of certain Products and/or their shipping charges. In order to accomplish this, we might add promotional codes to the product listings on the website. In such case, the deductions will be clearly marked on the website and applied instantly when you check out.

6.4         By using an encrypted secure payment system, we will take all reasonable steps to guarantee the security of the information you provide us when paying for the Products. However, we will not be legally liable to you for any losses you may incur if a third party obtains unauthorized access to any information you provide us, unless there is a breach of applicable laws, negligence, or any other reason why we fail to comply with this contract, our Privacy policy, or our duties under applicable laws.

6.5 In the event that you place an order with us via the website, your credit or debit card will only be charged at that point.

7. REDUCTABLE ITEMS

7.1         Occasionally, we might provide promotional discount codes that can be applied to all or a specific set of transactions made through our website. You will also get any applicable terms and restrictions pertaining to the usage of any promotional discount codes at the time of coupon issuance. You accept and agree to abide by these terms and conditions by using any discount code that may be given to you.

7.2         We retain the right, at any time and without prior notice, to remove a discount code and to exclude specific products from promotions.

7.3         Any promotional gift that we provide to you in conjunction with your purchase of Products is not refundable or returnable.

7.4         Get 10% off your first order and stay up to date on product announcements by subscribing to our newsletter. There is no financial substitute for the promotional code, and it cannot be transferred. The promotional code cannot be used in conjunction with any other offer or campaign, or on items that are already reduced. Only citizens of the nations to which we ship are eligible for this offer.

8. LIMITATION OF OUR RESPONSIBILITY TO YOU

8.1         With the exception of any obligations that the law forbids us from excluding (such death or personal injury) or obligations arising under relevant legislation pertaining to the protection of your personal information, we are not legally liable for:

8.1.1.    Losses that: (a) were not anticipated by you and us at the time the contract was established; (b) that were not the result of any violation on our behalf;

8.1.2.    Business losses; and

8.1.3.    Losses to people who are not consumers.

9. DISPUTES

9.1         We’ll do our best to swiftly and effectively settle any disagreements with you.

9.2         If you and we are unable to address a disagreement through our internal complaint handling process, we shall inform you that we are unable to do so and suggest that you obtain independent legal counsel on the matter.

10. ADDITIONAL IMPORTANT WORDS

10.1       Regulations concerning safety. Every product complies with applicable consumer protection and safety laws.

10.2       Assembly. Complete assembly guidelines are included in the product box for any assembly-needed products.

10.3       We reserve the right to assign this agreement to another party. Your rights and our responsibilities under these terms and conditions shall remain unaffected by any transfer we make of our rights and obligations under them to another organization.

10.4       This contract does not grant any other person any rights. This agreement is exclusive to you and us. Nobody else will be able to enforce any of its terms.

10.5       Should a court rule that any portion of this agreement is unlawful, the remaining portions will remain in effect. The terms in each of these paragraphs function independently. In the event that any court or appropriate authority rules that any of them are unconstitutional, the remaining articles will be fully enforceable.

10.6       We may enforce this contract later, even if we postpone its enforcement. It will not mean that you are exempt from fulfilling your obligations under these terms and conditions, nor will it stop us from taking legal action against you in the future, if we do not insist right away on you fulfilling any of your obligations or if we take a while to take action against you for breaching this agreement.

10.7       This contract is governed by New Zealand law. The law of New Zealand shall govern and be construed in accordance with any dispute or claim arising out of or related to a contract between us, or its subject matter or formation (including non-contractual disputes or claims). The courts of New Zealand shall have non-exclusive jurisdiction to settle any such dispute or claim.