These terms of sale (“Terms of Sale”) apply to your purchase of products from Inklen websites or from within Inklen software applications. Please read these Terms of Sale carefully before ordering any products.
By purchasing products from Inklen websites or from within Inklen software applications, you accept and agree to these Terms of Sale.
In these Terms of Sale “Inklen”, “we” and “us” mean Inklen Limited or its related companies, and “you” and “your” means you the customer.
1. Order Process
1.1 By placing an order on the Inklen website or within an Inklen software application, you make an offer to us to purchase the products you have selected on these Terms of Sale. If we accept your order, we will notify you of our acceptance by issuing an order confirmation by email.
1.2 We may refuse or reject your order at any time for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed or if the ordered products are not available.
1.3 We reserve the right, in our discretion, to cancel your order or purchase if we believe your order is fraudulent or in the event of pricing and other errors.
2. Product Availability
2.1 The availability of products may vary depending on your location. In addition, there may be limits on where we can deliver products. We reserve the right to restrict the availability of products for certain countries, regions or jurisdictions.
3. Supply of your products
3.1 Subject to these Terms of Sale, we will supply you with the products indicated on your order.
3.2 We must receive full payment for the products ordered, before they are delivered or supplied to you. You shall pay for the products by using one of the payment methods available.
4.1 The price of the products will be as displayed on the Inklen website. Inklen reserves the right to change prices for products displayed on the Inklen website at any time.
4.2 Unless stated otherwise, prices shown on the Inklen website exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Inklen website also exclude delivery costs. Taxes and delivery costs (as applicable) may be added to the amount of your purchase and shown during the order process. You are solely responsible for paying such Taxes and costs.
4.3 Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.
5.1 You may pay for your products by the methods of payment as displayed in the payment section from time to time.
6. Software Licensing
6.1 All software products are licensed to you on the terms and conditions of the applicable license agreements. You will be asked to agree to the terms of the applicable license at the time you install the software. Please be aware, that your purchase is subject to the particular license that accompanies the software and you must agree to the terms and conditions of that license when you install the software.
6.2 All rights, title and interest in respect of the intellectual property rights in the software remain with Inklen at all times.
7. Returns and Refunds
7.1 Unless required by applicable law, we do not provide refunds if you change your mind about a purchase so please choose carefully. We offer free trials for our software products and we encourage you to trial software products before purchasing.
7.2 If the product you purchased from us is faulty we will provide a remedy such as repair, replacement or refund of the purchase price, as required by the Consumer Guarantees Act 1993 or in accordance with other applicable laws. If you believe products purchased from us are faulty please contact our support department at firstname.lastname@example.org and someone will assist you. We will only accept goods returned with prior notification through correspondence with our support department at the above address.
8. Our Liability
8.1 Nothing in these Terms of Sale excludes, restricts or modifies any condition, warranty, right or liability implied into these Terms of Sale where to do so is illegal or would render any provision of these Terms of Sale void.
8.2 Subject to 8.1, we will not be liable under these Terms of Sale for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.3 Subject to 8.1 and 8.2, our maximum aggregate liability under these Terms of Sale whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the products in question.
9. Changes to the Terms of Sale
9.1 We reserve the right to change the Terms of Sale at any time. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the contract between us.
10. Governing Law
10.1 These Terms of Sale are governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.