Terms of Service

Overview

This website is operated by Hark & Zander Limited, trading as Hark & Zander. Throughout the site, the terms “we”, “us” and “our” refer to Hark & Zander Limited.

Hark & Zander offers this website, including all information, tools, products and services available from this site to you, the user, subject to your acceptance of these Terms of Service and any other policies or notices stated on this website.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced here or available by hyperlink.

These Terms apply to all users of the site, including browsers, customers, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms.

Any new features or tools added to the store will also be subject to these Terms. We may update or replace any part of these Terms by posting changes to this page. Your continued use of the website following any changes constitutes acceptance of the updated Terms.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.

Section 1 – Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority and have given consent for any of your minor dependants to use this site.

You may not use our products or Service for any illegal or unauthorised purpose or violate any applicable laws in your use of the Service.

You must not transmit viruses, malicious code or anything that may interfere with the operation or security of the website.

A breach of these Terms may result in termination of your access to the Service.

Section 2 – General Conditions

We reserve the right to refuse service or cancel an order where reasonably necessary, including in cases of suspected fraud, misuse, unauthorised resale or breach of these Terms.

You understand that content you provide, other than credit card information, may be transferred across various networks and adapted to technical requirements. Credit card information is encrypted during transfer over networks.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

Headings in these Terms are included for convenience only and do not affect their interpretation.

Section 3 – Accuracy, Completeness and Timeliness of Information

We make reasonable efforts to ensure information on our website is accurate and current. However, information on this site is provided for general information and may occasionally contain errors, omissions or outdated information.

Historical information may be provided for reference and may no longer be current.

We reserve the right to modify the contents of this site at any time.

Section 4 – Modifications to the Service and Prices

Prices for our products may change without notice.

We reserve the right to modify or discontinue the Service, or any part of it, subject to any rights you have under applicable law.

We will not be liable for changes to prices, products or services except where liability cannot lawfully be excluded.

Section 5 – Products and Services

Certain products or services may be available exclusively online and may be available in limited quantities.

Returns, refunds and exchanges are subject to our Returns Policy and your rights under applicable consumer law.

We make every reasonable effort to display product colours and images accurately. However, colours may appear differently depending on your device or screen.

Product descriptions, availability and pricing may change from time to time. We reserve the right to discontinue a product or limit quantities available for purchase.

Shipping and Delivery

Hark & Zander currently ships to addresses within New Zealand and Australia only.

Shipping costs, estimated delivery timeframes and any applicable shipping offers or thresholds are displayed on our website and/or at checkout.

Delivery timeframes are estimates and may be affected by circumstances outside our reasonable control.

Section 6 – Orders, Billing and Account Information

We reserve the right to refuse, limit or cancel an order where reasonably necessary, including orders that appear fraudulent, unusually large, intended for unauthorised resale or otherwise inconsistent with these Terms.

If we change or cancel an order after it has been placed, we will attempt to contact you using the email address, billing address or telephone number supplied with the order.

You agree to provide current, complete and accurate purchase and account information and to update your information when necessary so that we can process your purchases and contact you if required.

Please refer to our Returns Policy for further information about returns and refunds.

Section 7 – Optional and Third-Party Tools

We may provide access to third-party tools or services that we do not control.

Your use of third-party tools may be subject to the provider's own terms and policies. You should review those terms before using the relevant service.

We may introduce new services, tools or website features from time to time. These will also be subject to these Terms where applicable.

Section 8 – Third-Party Links

Our website may contain links to third-party websites.

We are not responsible for the content, accuracy, availability, policies or practices of third-party websites that are not controlled by Hark & Zander.

Before purchasing products or services or providing personal information through a third-party website, you should review that provider's policies and terms.

Questions or complaints regarding third-party products or services should be directed to the relevant third party.

Section 9 – Reviews, Comments, Feedback and Other Submissions

If you submit reviews, comments, feedback, photographs, ideas or other material to us, you confirm that you have the right to provide that content.

You agree that we may use, reproduce, edit, publish and display content you submit to us, subject to applicable privacy law and any specific terms applying to the submission.

We may monitor, edit or remove content that we reasonably consider unlawful, offensive, defamatory, misleading, inappropriate or in violation of another person's intellectual property or other rights.

You must not submit content that infringes the rights of another person, contains unlawful or malicious material, or falsely represents your identity or relationship with another person.

You remain responsible for the accuracy and legality of content you submit.

Section 10 – Personal Information

Your submission and our handling of personal information through our website and store are governed by our Privacy Policy and applicable privacy law.

Section 11 – Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability.

We reserve the right to correct errors or omissions and update information at any time.

If an error affects an order you have already placed, we will deal with the matter in accordance with applicable consumer law.

Section 12 – Prohibited Uses

You must not use our website or its content:

• for any unlawful purpose;

• to encourage or participate in unlawful activity;

• to violate applicable laws or regulations;

• to infringe our intellectual property rights or those of another person;

• to harass, abuse, threaten, defame or unlawfully discriminate against another person;

• to submit false or misleading information;

• to transmit viruses, malware or other malicious code;

• to collect or track another person's personal information unlawfully;

• to spam, phish, scrape or otherwise misuse the website; or

• to interfere with or circumvent the security or operation of the website.

We reserve the right to terminate or restrict access to the Service for a breach of these Terms.

Section 13 – Consumer Rights, Warranties and Limitation of Liability

Nothing in these Terms is intended to exclude, restrict or modify any right, guarantee or remedy available to you under the New Zealand Consumer Guarantees Act 1993, Fair Trading Act 1986, Australian Consumer Law, or any other applicable law where that right, guarantee or remedy cannot lawfully be excluded or limited.

To the extent permitted by law, we do not guarantee that access to our website will always be uninterrupted, timely, secure or error-free.

We may temporarily suspend or alter parts of the website for maintenance, security, technical or operational reasons.

To the maximum extent permitted by law, Hark & Zander Limited and its directors, employees, contractors and service providers will not be liable for indirect or consequential loss arising from use of the website or Service.

Nothing in this section limits any liability or consumer right that cannot lawfully be excluded or limited.

Section 14 – Indemnification

To the extent permitted by law, you agree to indemnify Hark & Zander Limited and its directors, employees, contractors and service providers against claims or losses arising from your unlawful use of the Service, your breach of these Terms, or your infringement of another person's rights.

Section 15 – Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be limited or removed only to the extent necessary.

The remaining provisions will continue in full force and effect.

Section 16 – Termination

These Terms remain effective while you use our website or Service.

You may stop using the Service at any time.

We may restrict or terminate your access to the Service where we reasonably believe you have breached these Terms.

Any rights, obligations or liabilities that arose before termination will continue where appropriate.

Section 17 – Entire Agreement

These Terms, together with any policies or other terms expressly incorporated into them, constitute the agreement between you and Hark & Zander in relation to your use of the website and Service.

Failure by us to exercise or enforce a right under these Terms does not constitute a waiver of that right.

Section 18 – Governing Law

These Terms and any separate agreements through which we provide our Services are governed by and construed in accordance with the laws of New Zealand.

Nothing in this section excludes any mandatory consumer rights that may apply to you in the jurisdiction in which you reside.

Section 19 – Changes to These Terms

We may update these Terms from time to time by publishing the revised version on this page.

The current version of the Terms will be available on our website.

Where appropriate, your continued use of the website following publication of updated Terms constitutes acceptance of those changes.

Section 20 – Copyright and Intellectual Property

Unless otherwise stated, the information and content available on this website, including the Hark & Zander name and logo, product names, product images and descriptions, photographs, website design, text, graphics, artwork and trademarks, are owned by or licensed to Hark & Zander Limited and are protected by applicable intellectual property laws.

Content from this website may not be copied, reproduced, sold, distributed or used for commercial purposes without the prior written consent of Hark & Zander Limited, except where permitted by law.

Section 21 – Promotions and Offers

Unless otherwise stated, promotions and offers advertised on our website apply only to purchases made directly through the Hark & Zander website.

Promotions and offers cannot be used in conjunction with another offer unless expressly stated.

Promotions are subject to availability and may have eligibility requirements, minimum spends, product requirements, geographical restrictions or specified promotional periods. Any applicable conditions will be stated with the relevant promotion.

We reserve the right to amend, withdraw or end a promotion where reasonably necessary, subject to applicable law.

Free gifts have no cash value and cannot be exchanged for cash or returned for a refund, except where required by law or where the product is faulty.

Section 22 – No Unauthorised Resale

Products, samples, promotional items or other goods purchased or received directly from Hark & Zander may not be purchased for commercial resale without our prior written approval.

We reserve the right to cancel or limit an order where we reasonably believe products are being purchased for unauthorised resale.

This section does not apply to Hark & Zander's authorised retailers, distributors or other approved trade partners operating under an agreement with us.

Section 23 – Contact Information

Questions about these Terms of Service can be sent to:

Hark & Zander Limited
New Zealand
hello@harkandzander.com

Last updated: September 2026