Terms of service

OVERVIEW

Welcome to FABRIKEN STUDIO (“FABRIKEN”, “we”, “us”, “our”). We operate this website and online store, including all related information, content, features, tools, products and services (collectively, the “Services”). Our store is powered by Shopify.

These Terms of Service (“Terms”) explain your rights and responsibilities when you use our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must stop using the Services.

ACCESS AND ACCOUNT

You represent that you are at least the age of majority in New Zealand (18 years), or that you have permission from a legal guardian.
You may be asked to provide accurate, current and complete information, including contact, billing and shipping details.
You are responsible for maintaining the security of your account credentials and for any activity under your account.

OUR PRODUCTS

We make every effort to describe and portray our products accurately. However, colours and appearance may vary depending on your device settings.

Product descriptions, pricing and availability may change at any time without notice. We may limit quantities or discontinue products at our discretion.

Nothing in this section limits your rights under the Consumer Guarantees Act 1993 (CGA).

ORDERS

When you place an order, you are making an offer to purchase. We may accept or decline orders at our discretion. Your order is accepted only once payment is processed and we confirm acceptance.

Please check your order carefully before submitting. We may be unable to cancel or amend orders once they are being processed.

Returns are governed by our Refund Policy.

You confirm that purchases are for personal use and not for resale.

PRICES AND BILLING

All prices are listed in NZD.
FABRIKEN is not GST-registered, so prices do not include GST.

Prices may change without notice. The final price is the one shown at checkout at the time of purchase.

You agree to provide accurate and complete payment information and authorise us to charge the applicable amount, including shipping fees.

For international orders, customs or import duties (if any) are the responsibility of the customer.

SHIPPING AND DELIVERY

Estimated delivery timeframes are provided at checkout but are not guaranteed.

Once your order is handed to the courier, risk of loss passes to you.
However, this does not limit your rights under the Consumer Guarantees Act regarding deliveries that are not supplied with reasonable care and skill.

We are not responsible for delays caused by couriers, customs or events outside our control.

INTELLECTUAL PROPERTY

All content on our website, including text, images, graphics, logos and designs is owned by FABRIKEN or our licensors.

You may use the Services for personal, non commercial purposes only. You may not reproduce, distribute or create derivative works without our written permission.

All trademarks, including FABRIKEN STUDIO, remain our property.

OPTIONAL THIRD-PARTY TOOLS

You may be given access to third-party tools or services. We do not control, endorse or provide warranties for these tools. Your use of them is at your own risk and subject to their own terms.

THIRD-PARTY LINKS

The Services may include links to third party websites. These are provided for convenience only. We are not responsible for their content, accuracy or practices.

Your interactions with third-party websites are solely between you and that third party.

RELATIONSHIP WITH SHOPIFY

Our store is hosted by Shopify. Purchases are made directly with FABRIKEN, not Shopify.
Shopify is not responsible for your order or any issues arising from your transactions with us.

PRIVACY POLICY

Your personal information is handled according to our Privacy Policy and in accordance with the Privacy Act 2020.

Because our store is hosted by Shopify, your information may be transferred to and processed in other countries. By using the Services, you consent to this processing.

FEEDBACK

By submitting reviews, suggestions or other feedback, you grant us a licence to use, reproduce, or publish that content.
You confirm you have the rights to share the feedback and that it does not violate any third party rights.

We may remove feedback that is unlawful, misleading, offensive or violates these Terms.

ERRORS AND OMISSIONS

Occasionally, information on our website may contain typographical errors or inaccuracies. We may correct or update information at any time, and may cancel orders where information was incorrect (including after you have submitted your order), in accordance with NZ consumer law.

PROHIBITED USES

You may not use the Services for unlawful, abusive, harmful or fraudulent purposes. You must not interfere with the security or operation of the Services, harvest personal information, or attempt to breach our systems.

We may suspend or terminate your access if you violate these Terms.

TERMINATION

We may suspend or terminate your access to the Services at any time.
Any rights or obligations that should reasonably survive termination will continue to apply.

WARRANTIES

Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

Except as provided under New Zealand law, the Services and products are provided “as is” and we do not give guarantees beyond those required by law.

LIMITATION OF LIABILITY

To the maximum extent permitted by New Zealand law:

We are not liable for indirect, incidental or consequential losses.
Our total liability to you will not exceed the amount paid for the product or service giving rise to the claim.

This limitation does not apply to your rights under the Consumer Guarantees Act or where liability cannot legally be excluded.

INDEMNIFICATION

You agree to indemnify FABRIKEN for losses arising from your breach of these Terms or unlawful use of the Services, except where FABRIKEN has contributed to the loss through negligence or breach of NZ law.

SEVERABILITY

If any part of these Terms is found to be invalid, the remainder will continue to apply.

WAIVER & ENTIRE AGREEMENT

A failure to enforce any provision does not constitute a waiver.
These Terms, together with our policies, form the entire agreement between you and FABRIKEN.

ASSIGNMENT

You may not transfer your rights or obligations without our written consent.
We may assign these Terms without notice.

GOVERNING LAW

These Terms are governed by the laws of New Zealand.
Any disputes will be resolved in the New Zealand courts.

HEADINGS

Headings are for convenience only and do not affect interpretation.

CHANGES TO THESE TERMS

We may update these Terms from time to time. Continued use after changes means you accept the updated Terms.

CONTACT INFORMATION

FABRIKEN STUDIO
hello@dishistudios.com
56 Brabant Drive, Ruby Bay, Nelson 7005, New Zealand
027 231 9895
NZBN: 9429053203397