Welcome to Styler.co.nz, the hub of art, fashion and design. The terms and conditions that are set out in this document are to generate an understanding of the responsibilities of sellers and users of Styler.co.nz to ensure all parties are protected.

1. Disclosure

1.1 Transactions and all other contact between you and other members of the Styler website are conducted entirely at your own risk. You agree that Styler takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Styler gives no undertakings, representations, or warranties in relation to items sold or listed on the website.

1.2 Styler has the final say on all matters in relation to the use of its online trading services.

1.3 These terms and conditions are governed by the laws of New Zealand.

2. General Obligations

2.1 Upon registration all parties agree to use Styler in good faith and act pursuant to the terms and conditions set out below. If you do not accept these terms and conditions you must refrain from the use of Styler’s services.

2.2 The terms and conditions set out below may be amended at any time by Styler. The obligation rests on the parties using the site to be familiar with the terms and conditions they are trading under. Amendments to the terms and conditions will be effective immediately upon their posting on the site.

2.3 Styler provides a platform to introduce members who want to buy and sell items. These members to the Styler website are emerging designers. You will be purchasing the products produced by these emerging designers.

2.4 All financial transactions as a result of the use of the Styler website are not made through the website. The transaction is separate. Styler is tool for buyers and sellers to meet. It is not a vehicle for commercial transactions.

3. Styler’s Obligations

3.1 Styler does not take part in any transactions between members, as an agent or otherwise, other than by providing a website as a forum for members. Styler is not an auctioneer, under the Auctioneers Act 1928 or otherwise.

3.2 Styler will take all reasonable endeavours to ensure that the website and its services are available for the use of its members. However, Styler does not warrant that the services provided will be uninterrupted, timely, secure, or error free; or that information (including feedback) provided on the website is error free or reliable. In the event that the website or its services are unavailable, Styler takes no responsibility for any loss that is incurred as a result. Styler also assumes no responsibility for the corruption of any data or information held by Styler.

3.3 Styler will not undertake to resolve any disputes between buyer and seller occurring from the use of the services provided by the site. Styler is not a party to sale and purchase agreements and, therefore, cannot become involved in any dispute arising from the transaction between buyer and seller.

4. Sellers Obligations

4.1 Sellers using Styler must only place works on the site that are their own intellectual property and do not breach copyright law. Sellers undertake to ensure that property placed on the site does not infringe New Zealand Criminal or Civil law. Offensive material (including material of pornographic or defamatory nature) may not be posted on the site.

4.2 All listings must be in New Zealand dollars and include GST in the price. All tax obligations are on the seller and/or buyer (as the parties determine).

4.3 You must not use Styler to promote items for sale or services outside of the Styler website services.

4.4 Members are prohibited from linking a listing to any page outside the website unless the page directly promotes the sale of items in the listing.

4.5 You are not to charge unreasonable costs for shipping and packaging costs. You must promptly forward the listed items to the successful buyer on completion of the transaction.

5. Buyers Obligations

5.1 The buyer is obliged to be a registered member of Styler and be able to form a legally binding contract.

5.2 The buyer accepts to use the services provided by Styler at their own risk.

5.3 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

5.4 Buyers using the site undertake the responsibility to determine that listings on Styler are accurate. This includes the obligation to determine the ownership of any item and the item’s quality, and the truth or legality of the item, responsibility owed to you and/or any person. This exclusion of liability includes the actions of any third party in connection with this website, and any services provided, or in conjunction with, this website. This exclusion includes all liability arising from tort (including negligence), contract, equity, and breach of statutory duty or otherwise. Further, Styler’s liability and responsibility is excluded in respect of any and all loss or damage whether direct or indirect, including without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

5.6 You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions. This includes your failure to complete a transaction, your use of Trade Me's message boards, your sale or attempted sale of an item prohibited under clause 4.2(c), or arising out of any content or item you submit, post, transmit, or make available through the services.

5.7 You must not attempt to damage, interfere or harm the website or services, or any network, or system underlying or connected to Styler including by using robot, spider, scaper or other automated means to access the website or information featured on it for any purpose.

6. Privacy and Intellectual Property Obligations

6.1 Styler and its licensors or suppliers (if applicable), owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website. You must not, without prior permission, in any form or by any means:

• a. Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• b. Commercialise, copy, or on sell any information, or items obtained from any part of this website.

7. Entire Agreement

7.1 These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.