Terms of service

Welcome to VIP Shop NZ. In these Terms of Service (these “Terms”), “we”, “us” and “our” refer to MCC Albany Limited (New Zealand company number 3883323, NZBN 9429000014656), which operates the VIP Shop NZ online store and website, including all related content, features, tools, products and services (the “Services”). VIP Shop NZ is powered by Shopify.

These Terms, together with any policies referenced in them, describe your rights and responsibilities when you use the Services. Please read them carefully — they include important information about warranties and our liability. By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use the Services.

The Services are intended for business and trade customers. Prices are shown exclusive of GST; New Zealand GST is added at checkout.

1. Access and account

By agreeing to these Terms you confirm that you are at least 18 years of age. To use the Services you may be asked to provide information such as your email address and billing, payment and delivery details. You confirm that all information you provide is correct, current and complete, and that you are authorised to provide it. You are responsible for keeping your account credentials secure and for all activity under your account. You may not transfer, sell, assign or licence your account to any other person.

2. Our products

We make every effort to represent our products and services accurately. However, colours and product appearance may differ from how they appear on your screen depending on your device and its settings. We do not warrant that the appearance or quality of any product will meet your expectations or match how it is shown online. All product descriptions may change at any time without notice at our discretion, and we may discontinue any product or limit the quantities we offer to any person or region on a case-by-case basis.

3. Orders

When you place an order you are making an offer to purchase. We may accept or decline any order at our discretion, and your order is not accepted until we confirm acceptance. We must receive and process your payment before an order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate changes or cancellations once an order is accepted. If we decline, change or cancel an order, we will try to notify you using the email, address or phone number provided with the order. Your purchases are subject to return or exchange only in accordance with our Refund Policy.

4. Prices and billing

Prices, discounts and promotions may change without notice. The price charged will be the price in effect when your order is placed, as set out in your order confirmation email. Unless stated otherwise, posted prices are exclusive of GST, delivery, handling and any duties or charges; GST and freight are added at checkout. Promotions may be governed by separate terms, which prevail over these Terms to the extent of any conflict. You agree to provide current, complete and accurate purchase and payment information and to keep it up to date. You confirm that the payment details you provide are true and that you are authorised to use the payment method, and you agree to pay all charges incurred at the posted prices, including freight and applicable GST.

5. Shipping and delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers or events outside our reasonable control. Risk of loss passes to you once we transfer the products to the carrier. Delivery is subject to our Shipping Policy.

6. Intellectual property

The Services — including all trade marks, brands, text, images, graphics, video and audio, and their selection and arrangement — are owned by us, our affiliates or our licensors and are protected by New Zealand and foreign copyright, trade mark and other intellectual property laws. These Terms permit you to use the Services for your own internal business purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent, except as expressly permitted. Our names, logos and slogans are our trade marks and may not be used without our prior written permission. Shopify’s name and logo are trade marks of Shopify. All other trade marks are the property of their respective owners. All rights not expressly granted are reserved.

7. Optional tools

You may be given access to third-party tools as part of the Services, which we neither monitor nor control. These tools are provided “as is” and “as available” without any warranty or endorsement, and we have no liability arising from your use of them. Your use of any optional tool is entirely at your own risk, and you should be familiar with and approve of the third party’s terms. New features we release will also form part of the Services and are subject to these Terms.

8. Third-party links

The Services may contain materials and links to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy and are not liable for any harm arising from your access to them or your dealings with those third parties. Please review the relevant third party’s policies before you transact, and direct any complaints about third-party products or services to that third party.

9. Relationship with Shopify

VIP Shop NZ is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with us. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.

10. Privacy

All personal information we collect through the Services is handled in accordance with our Privacy Policy and the New Zealand Privacy Act 2020, and some information may also be subject to Shopify’s privacy policy. Because the Services are hosted by Shopify, Shopify collects and processes information about your use of the Services in order to provide and improve them, and your information may be transmitted to and stored in countries other than New Zealand. By using the Services, you acknowledge that you have read our Privacy Policy.

11. Feedback

If you submit any ideas, suggestions, reviews, proposals or other content (“Feedback”), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use, to operate, improve and promote the Services. You confirm that you own or have all necessary rights to your Feedback, that it does not infringe any third party’s rights or any law, and that it contains no malicious code. You must not use a false identity or mislead us as to the origin of any Feedback. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it, and we may (but need not) remove Feedback we consider unlawful or objectionable. You are solely responsible for your Feedback.

12. Errors, inaccuracies and omissions

Occasionally information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, freight charges, delivery times or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

13. Prohibited uses

You may use the Services for lawful purposes only. You must not use the Services: for any unlawful or malicious purpose; to breach any applicable law or regulation; to infringe our or others’ intellectual property rights; to harass, abuse, defame or harm any person; to transmit false or misleading information; to send unsolicited advertising or spam; to impersonate any person or entity; or in any way that restricts anyone’s use of the Services or may expose us, Shopify or other users to liability. You also agree not to: upload viruses or malicious code; reproduce, resell or exploit any part of the Services; collect others’ personal information; or interfere with, bypass or circumvent the security or access-control measures we employ. We may suspend, disable or terminate your account at any time, without notice, if we determine you have breached these Terms.

14. Agents

This section (“Agent Terms”) applies if you use, enable or cause the deployment of an Agent to access, use or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can execute without direct supervision. No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with the requirements below at all times, and no Agent may access the Services if we have asked it to refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses the Services. Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name by including “Agent/[agent name]” in the request’s user-agent string; (ii) not conceal or obfuscate that access is from an Agent, including by mimicking human interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from humans; (iii) respond truthfully to any prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit or control how Agents access the Services.

15. Termination

We may terminate this agreement or your access to the Services at our discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual property, Feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnity, Severability, Waiver and entire agreement, Assignment, Governing law, Privacy, and any other provision that by its nature should survive.

16. Disclaimer of warranties

Information presented through the Services is provided for general information only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk. Except as expressly stated by us, and subject to the section “Your consumer law rights” below, the Services and all products offered through them are provided “as is” and “as available” without any representation, warranty or condition of any kind, whether express or implied, including any implied warranties of merchantability, quality, fitness for a particular purpose, durability, title or non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

17. Your consumer law rights

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot lawfully be excluded. Where you acquire goods or services from us for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by section 43 of that Act, and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, in each case because it is fair and reasonable for the parties to be bound by this agreement. To the extent that any statutory guarantee applies and cannot be excluded, our liability for a breach of it is limited, at our option, to repairing or replacing the goods, supplying equivalent goods, or paying the cost of doing so.

18. Limitation of liability

To the fullest extent permitted by law, and subject to the section “Your consumer law rights”, in no case will we, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss or claim, or for any indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured through them, even if we have been advised of the possibility of such damages. To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the Services or any product is limited to the amount you paid for the product or order giving rise to the claim.

19. Indemnity

You agree to indemnify, defend and hold harmless us, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal costs, payable to any third party arising out of: (1) your breach of these Terms or the documents they incorporate by reference; (2) your breach of any law or the rights of a third party; or (3) your access to and use of the Services. We will notify you of any claim for which we seek indemnity, and a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, but will not settle a claim requiring a non-monetary obligation from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims.

20. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed. Such a determination will not affect the validity and enforceability of the remaining provisions.

21. Waiver and entire agreement

Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms and any policies or operating rules we post constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications or proposals, whether oral or written. Any ambiguity in these Terms will not be construed against the drafting party.

22. Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

23. Governing law and jurisdiction

These Terms and any separate agreements under which we provide you the Services are governed by and construed in accordance with the laws of New Zealand. You and we submit to the exclusive jurisdiction of the courts of New Zealand.

24. Changes to these Terms

You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting the updated Terms to our website, and it is your responsibility to check periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

25. Contact

Questions about these Terms may be sent to us using the details below.

MCC Albany Limited (trading as VIP Shop NZ)
3 Armstrong Road, Albany, Auckland 0632, New Zealand
Email: vipshopnz@mcclabel.com
Phone: +64 9 414 1700
New Zealand company number: 3883323
NZBN: 9429000014656