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TERMS OF SERVICE

Won't Name Names ("we", "us") is the creation of KAP Comms Ltd. This website (our “Site”) and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on the Site (collectively, the “Terms Of Service” or “TOS”). By using the Services, for example placing orders on the Site, you are agreeing to all of the Terms Of Service. Please read the TOS carefully before placing any orders on www.wontnamenames.com.

This agreement does not acknowledge any type of relationship between you and Won't Name Names (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of Won't Name Names.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under the age of 16 you must let your parent or guardian know about Won't Name Names's Privacy Policy before you register to use this Site or any of this Site's related services. We reserve the right to only accept orders from those over the age of 18 however.

Won't Name Names reserves the right to make changes to the Site, related policies and agreements, the Privacy Policy and this TOS at any given time. You are advised to check the Site from time to time to check the updates and/or changes to the said policies and agreements, the Privacy Policy and the TOS. 

If you have any comments about Won't Name Names or this TOS, you can email us via our Contact Us page. 
 
REGISTRATION
You will need to register an account to use some of the Services available to you on this Site. In registering an account, you agree to provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on how we use your personal information.

In using the Site, you agree to accept responsibility for all activities conducted through your account. You are responsible for keeping your account and password secure at all times. If you feel or suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.

PROHIBITIONS AND FAILURE TO COMPLY
We may take actions against your account for activities including, but not limited to:
• Submitting material (including, but not limited to text, images, music or video) of which you do not have the full right to grant the license specified in the “Submitted Content” section above.
• Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any manner.
• Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material.
• Advertising or sending unsolicited messages of any sort.
• Impersonating others or providing any kinds of false information.
• Starting or forwarding chain letters of any kind.

Won't Name Names reserves the right to terminate any account at its sole discretion. We may send you an email to notify you of the termination of your account if such an event were to occur.

ELIGIBILITY TO PURCHASE
In order to place orders with us, you must meet our conditions of eligibility:
• Be aged 18 years of age or over.
• Be in possession of a valid credit/debit card issued by a licensed bank acceptable to Won't Name Names for payment.
• Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).

The Site is available only to individuals and others who meet the Won't Name Names terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Won't Name Names, whose applications are acceptable to Won't Name Names and who have authorised Won't Name Names to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase on the Site.

You also authorise us to use personal data provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. 

All orders are subject to stock availability and confirmation of the order price. Items in your shopping cart are not reserved and may be purchased by other customers while still in your cart.

The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
 
INTELLECTUAL PROPERTY
All software and “Content” (which is defined as, or includes text, audio or music, video, graphics, photographs, and images) are the intellectual property of Won't Name Names and are protected by intellectual property and copyright laws and international treaty provisions.

The Site is for your personal and non-commercial use only. Any commercial and/or non-personal use of the Content is only permitted when expressly authorised by Won't Name Names and/or its third party licensors. You may not distribute, publish, reproduce, sell or license any Content contained within the Site without prior written consent or authorization of Won't Name Names. Any such unauthorized actions may result in civil consequences or criminal penalties.

Won't Name Names reserves the right to withdraw or amend any item of the Services without notice. We will not be held liable if for any reason the Site is unavailable at any time and for any period.
 
PRODUCT DESCRIPTIONS
Won't Name Names will attempt to ensure that the Content and the product descriptions on the Site areas accurate and complete as possible. We however do not warrant that “Content” and product descriptions are completely accurate, current or error-free. Please refer to our Returns & Exchanges page if you believe that a product offered by Won't Name Names is not as described.

PRICING
Prices shown on the Site are in US dollars (US$), unless stated otherwise. Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious errors. Whilst we use our best attempts to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to correct any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you in a timely manner, we will treat the order as cancelled.

If your credit/debit card is not denominated in US Dollars (USD), the final price charged in your currency will then be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Taxes and duties applicable to your order depend on the shipping country of your order. Orders from countries will incur relevant import tax and duty and will not be included in the final purchase price. Please note that the import tax and duty charges would be passed to the relevant local Customs authorities and are therefore non-refundable in the event of a return or exchange.

Customers will be responsible for the payment of all import tax and duties levied by the country to which the products are shipped and payment of the said tax and duties is necessary for the release of the products ordered from the Customs on arrival. Our courier, will contact customers about the details of any import duty to pay. We advise you to contact your local customs authority to determine the cost of import tax and duties of your order prior to your placing orders with us. We are not responsible for any customs delays that may occur during the shipping process.

PAYMENT
We support payment by Visa, MasterCard, and most of the major bank cards accepted through the Paypal account.
By placing an order using one of the above Credit/Debit card payment methods, you confirm that the Credit/Debit card(s) used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to Won't Name Names, we will not be liable for any delay or non-delivery.

The payments will be debited immediately when the order is placed. For all other payments, payment will only be debited and cleared from your account once your order has been accepted and dispatched.

Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure.
 
ACCEPTANCE OF YOUR ORDER
Once you have entered your personal and payment details and placed your order, we will send you an email acknowledging the receipt of your order. This email serves only as a confirmation of receipt of your order and does not constitute an acceptance of your order.

Your order will be accepted and the contract between you and Won't Name Names will be completed when we send you an email confirming the goods have been dispatched to you. Only the goods listed in the final confirmation email sent at the time of dispatch are included in the contract formed. 

Won't Name Names reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one or more of the following:
• The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards, or due to the shipping restrictions applicable to part or all of the ordered items.
• We identify a product description or pricing error.
• We are unable to obtain authorisation for payment from you bank.
• You do not meet the eligibility criteria to purchase as set out in this TOS.
 
Our Customer Service team will contact you as soon as possible if there are any problems identified with your order.
 
SHIPPING
Orders under US$100, shipping is US$15. 
Orders over US$100, shipping is free.
The above shipping fees are added at Checkout.  
We ship from Aotearoa New Zealand, and shipping times are based on your closeness to this country.

IMPORTANT INFORMATION
Please make sure that the shipping address is correct as we are unable to redirect orders once they are picked up by delivery company. Before we can dispatch your purchases, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum.

Our delivery time starts from the moment an order is accepted and includes a 72 hour period (from Monday to Friday, not including Saturday, Sunday or public holidays) where your items will be processed and dispatched by our facility.

We work closely with our shipping partners to minimize the potential impact of customs delays for our international customers.

SIGN FOR YOUR PACKAGE
When receiving your package, you should open your package in front of the delivery person to see if there are any damages that occurred during the shipping. If there are any damages that occurred during shipping, please make sure to alert the delivery person right there and then. He can advise you on the best course of action. You should also contact us as soon as possible. 

See our Returns & Exchanges page for how to contact us.

If there are no damages, you need to sign for your package. After you sign for your package, that means you accept the items with no damages. Please check your items carefully before signing for the package. We are not responsible for any damaged items after the package has been signed for.

CHANGE OF ADDRESS:
Please make sure that the shipping address you enter on the Checkout page of our website is correct. If you are using a third party payment provider e.g. Paypal, ensure the address you have provided them is accurate. We are unable to adjust your address once the order has been placed by you. And the goods will be dispatched to the incorrect address you provided.  

CUSTOMS DUTIES & TAXES:
Shipments may incur customs fees depending on the destination country. The fee may vary depending on your order value, country limits, and other factors based on the product itself. You are responsible for paying these fees. 

That said, most countries have at least a $200 duty-free allowance on goods entering, so ordering just a few tees at a time will not incur any additional customs duties.  

Unfortunately, we are unable to display VAT info on our shipping labels or packing slips. 

CLAIMS FOR DEFECTIVE ITEMS
While our quality assurance dept exists to insure you receive perfectly finished merchandise, occasionally mistakes do happen. We gladly accept claims for items you can show were not delivered in perfect condition. 

Any claims for misprinted/damaged/defective items must be submitted within 7 calendar days of you receiving your order.

Upon confirming the fault is ours (or our courier's), we will immediately ship you replacement product(s) to the same address as the original order, at no extra charge to you, along with our sincere apologies. At that time, if necessary, we will collect the defective/damaged product from you. (Collection isn't always necessary.) 

Please note that we are unable to issue refunds, under any circumstance. We are also unable to reimburse you for any customs duties or taxes you may have incurred. In cases of severe error, we will also extend you store credit, in addition to the free shipping of the replacement product(s). 

If you live within the continental US, we recommend you send your defective items to this company who will recycle them in a 100% eco-friendly manner, not just condemn them to a landfill site to rot for 1,000 years. 

CLAIMS FOR DAMAGED ITEMS
When receiving your package, you should open your package in front of the delivery person to see if there are any damages that occurred during the shipping. If there are any damages that occurred during shipping, please make sure to alert the delivery person right there and then. He can advise you on the best course of action. You should also contact us as soon as possible (see below for how to). 

If there are no damages, you need to sign for your package. After you sign for your package, that means you accept the items with no damages. Please check your items carefully before signing for the package. We are not responsible for any damaged items after the package has been signed for.

CLAIMS FOR UNDELIVERED ITEMS
For packages lost in transit, all claims must be submitted no later than 3 weeks after the estimated delivery date.

HOW TO RETURN YOUR ORDER
Please see our  Returns & Exchanges page for details. 

YOUR RIGHTS
Nothing in the TOS is intended to affect your rights under the Law in your country of purchase. 

LIABILITY
Views expressed in any media by the designers, companies or third parties, whose products are sold at our stores or on the Site or with whom we are associated, are their own. Won't Name Names takes no responsibility for any such views as they do not necessarily reflect our own.

Won't Name Names does not guarantee that the use of the Site and related Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date anti-virus software installed.

Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, Won't Name Names will always do its best to maintain its Services but will not be responsible for failing to meet any obligations in this TOS.
 
INDEMNITY AND WAIVER
At our request, you agree to compensate us fully and hold us, Won't Name Names (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes, but is not limited to, the use of the Site by any other persons using your account caused by your action or inaction.

If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.
 
THIRD PARTY LINKS
The Site may include links to other websites or resources that are not operated or prepared by Won't Name Names. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused, or alleged to be caused by, or in connection with your use of them.

Won't Name Names is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of and on the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each site.
 
COMPLAINTS
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer care team for any order related complaints or comments via our Contact Us page.  

Won't Name Names respects the intellectual property of others. If you have reason to believe your work or another person’s may have been used in the Site without your permission, please contact us following this complaints handling procedure.