General Terms & Conditions

Hatch Storybooks Limited Agreement

Hatch Storybooks Limited (referred to as Hatch, we, or us) agrees to supply certain goods (the Goods) and services (the Services) to you, the Customer, in return for payment of the price for those Goods and Services subject to these Terms. Acceptance of delivery or receipt of any Goods will (notwithstanding any statement to the contrary by you or your employees or agents) constitute acceptance of these Terms. If there is more than one of you, your liability is joint and several.

1. Price and Payment

1.1. Subject to Clause 2 below, all prices include GST and standard postage unless otherwise indicated in writing upon check-out.

1.2. Payment must be made in clear funds upon placement of and prior to delivery of your order.

2. Delivery and Risk

2.1. Risk in Goods sold to you will pass to you on Delivery, being the time the Goods are dispatched from our premises to you. Delivery of Goods is at your expense and liability.

2.2. For non-New Zealand orders: delivery is sent "Delivered At Place" or DAP. This means that you are responsible for any duties and taxes that may be payable to customs prior to your taking possession of the Goods.

2.3. Hatch uses standard mail delivery with dispatch by delivery partners, including NZ Post. Hatch accepts no liability for deliveries after they leave New Zealand and cannot be held liable for any local delays or failures due to customs or local delivery issues. Where guaranteed shipping outside of New Zealand is required, please contact Hatch to discuss additional courier fees and insurance of Goods.

2.4. Any date or time stated for dispatch is an estimate only and not a condition of sale.

2.5. It is your responsibility to provide Hatch with a full and correct postal address. Hatch reserves the right to charge for redelivery in the event of incorrect details.

3. Security Interest

3.1. Ownership of all Goods supplied to you by us will not pass on Delivery but will remain with us until we have received full payment in clear funds of all moneys you owe us (whether relating to those or other Goods, the supply of Services, or any other matter). We hold a Security Interest in all Goods supplied to you and the proceeds of any resale of the Goods for payment of those moneys.

4. Intellectual Property

4.1. Our Goods and Services contain copyrighted material, trademarks, proprietary information, and other intellectual property (IP). Such IP is subject to copyrights and other intellectual property rights owned by Hatch and is protected under applicable law.

4.2. You retain ownership of all information, photographs, image files, creative material, and other content (collectively Content) uploaded by you or otherwise made available by you via the Services and/or for the Goods, and any rights granted to Hatch are granted as a license. You are solely responsible for your Content.

4.3. Although you retain ownership of your Content, any material, features, templates, or layouts provided to you by Hatch for your Goods do not belong to you, and the rights to these material, features, templates, or layouts belong to Hatch.

4.4. In order for Hatch to provide the Services and/or Goods to you, you hereby grant to Hatch and its parents, affiliates, subsidiaries, agents, vendors, and assigns a perpetual, irrevocable, worldwide right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes:

(a) providing the Services and/or Goods to you; (b) for Hatch's marketing and promotions; (c) showing you how your Content would appear in a Good or Service offered by Hatch or one of its agents; and (d) improving the Services (e.g., customer support, technical support, and/or vendor fulfillment) and Goods.

4.5. As a condition of obtaining our Goods and/or Services, you represent and warrant to Hatch that you either own your Content or have written permission from the copyright (or other intellectual property right, such as trademark) owner to make such Content available to Hatch for the Goods and/or Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, trademark, trade secret right, or other intellectual property or other proprietary right of any third-party.

4.6. By submitting your Content to Hatch, you consent to the use of your likeness, and you warrant and represent that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your Content. This written release includes the right to use such individual's likeness in the manner contemplated in these Terms. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from that individual's parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, do not submit the Content to Hatch.

5. Prohibited Content

5.1. You may not use the Services or the purchase of Goods to process Prohibited Content, including but not limited to Content or other material that:

(a) Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, violent, offensive, constitutes hate speech, or is otherwise inappropriate;

(b) Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark, or other proprietary notice is removed;

(c) Violates or otherwise encroaches on the rights of others including, but not limited to, intellectual property, privacy, publicity, or privacy rights;

(d) Contains viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content that may compromise the Services or the Goods;

(e) Advocates illegal activity;

(f) Violates any law or regulation;

(g) Harms or advocates harm against anyone, including minors; or,

(h) Provides a link to material associated with any of the above.

6. Exclusion of Warranties

6.1. If you are in trade and are acquiring the Goods or Services for business purposes, the guarantees under the Consumer Guarantees Act 1993 and sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 do not apply.

6.2. Unless you have rights under the Consumer Guarantees Act 1993 or other legislation, including in any other jurisdiction, which cannot be excluded or limited, there are no warranties express or implied. This disclaimer includes implied warranties as to merchantability and fitness for a particular purpose.

7. Limitation of Liability

7.1. We are not liable to you for any loss or damage arising from delay or failure to perform our obligations due to any matter beyond our reasonable control nor any loss or damage caused or contributed to by you.

7.2. To the maximum extent permitted by law, we and our employees and agents shall not be liable to you for any claim for breach of Contract (except as provided in clause 6.3 below) or Statute or breach of duty in Tort (including negligence) or for any claim in Equity or otherwise at law.

7.3. To the maximum extent permitted by law, your sole remedy against us shall be limited to breach of contract and the extent of any such liability shall be limited, at our option, to repair or replacement of the Goods, payment of the cost of repairing or replacing the particular defective Goods or acquiring equivalent Goods or refund of the price you paid for the particular defective Goods. If the breach relates to Services the extent of any such liability shall be limited, at our option, to supplying the Services again, payment of the cost of having the services supplied again, or refund of the price you paid for the particular defective Services. We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect, or consequential, including loss of business profits.

7.4. No action may be brought against us unless notice of such claim is given to us within one week of delivery of the Goods to us by you. We shall be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of the date of delivery of the Goods.

8. Default

8.1. If you do not pay any monies owed to us (the unpaid monies) by the due date, we may charge penalty interest at a rate of 2% per calendar month calculated daily and capitalized monthly on the unpaid monies from the due date until payment in full is made (including after as well as before any Court judgment).

8.2. You indemnify us for and agree to pay, on demand, all costs we incur (including legal costs on a solicitor-client basis and debt collection costs) in the recovery or attempted recovery of unpaid moneys and/or the enforcement of these Terms or the Security Interest contained in these Terms.

9. Use of Information

9.1. You agree that we may collect the information for the purpose of assessing your application for credit (if any such application), including checking your present and continued credit worthiness, if necessary, collecting any outstanding debt from you, arranging for future purchases of other products, setting up our client database, and direct marketing activities (the purposes set out above). You consent to us disclosing the information, as well as any default in payment by you, to any credit or debt collection agency, and to any person/agency we appoint to collect any outstanding debt from you, if necessary, for the purposes set out above.

9.2. If information is provided to any credit or debt collection agency, they will hold that information on their systems and use it to provide their credit reporting service, including updating its credit reporting database and providing that information to other customers they have, and you consent to that use and disclosure. We may request, and any person or organisation (including any credit or debt collection agencies) may provide, information about you to us, both now and in the future, for the purposes set out above, and you consent to us seeking that information in the course of our business and disclosure of that information to us.

9.3. If you are an individual, you have the right under the Privacy Act 2020 to see and correct any personal information held by us or any agency about you.

9.4. You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us. Your failure to provide the personal information sought may result in our refusing to supply Goods or Services to you.

10. General Provisions

10.1. These Terms apply to all transactions we have with you. If there is any inconsistency between these Terms and any order submitted by you or any other arrangement with us, these Terms prevail unless otherwise agreed by us in writing.

10.2. If any provision of these Terms is held by any court to be illegal, void, or unenforceable, that will not impair the enforceability of the remaining provisions.

10.3. These Terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the New Zealand Courts.

10.4. We may review and change these Terms at any time and from time to time. Any such change will take effect from the date on which we notify you of the change. You consent to such future changes being made by updates on our website, and agree that such update shall constitute agreement by you to the amended terms.