This site, products and services are provided by Hypnopencil Ltd. The following terms and conditions are an agreement between (“you”) the customer and Hypnopencil Ltd. 

Please read these terms and conditions under which you may purchase products from www.hypnopencil.com carefully before placing your order.

If you need clarification of anything please contact info@hypnopencil.com

By using the Hypnopencil site you acknowledge that you have read the terms and conditions and agree to be bound by this agreement and accept our Privacy Policy.

 

1. The agreement
The agreement exists between you and Hypnopencil after Hypnopencil receives and accepts an order. No obligation to supply or sell the goods will arise until the order is received and accepted. Each order may be accepted by Hypnopencil’s discretion. Each order is a separate agreement

 

2. Useage/Licence
You are licenced to use the Hypnopencil website on your computer, tablet or phone for the browsing or purchase of goods from Hypnopencil. You acknowledge you are not permitted to make any other use of the Hypnopencil website.
You agree to provide accurate, truthful and complete inforamtion when creating your account and to update your personal details and delivery address.
We reserve the right to temporarily suspend or permanently terminate a users account without notice and liability for any reason, including if a user violates any provision of our terms.

 

3. Orders and Delivery
To place an order wth Hynopencil you will select goods, enter your personal information and payment details and submit the order.
Anyone receiving the goods at the destination is presumed by Hypnopencil to be the authorized person, or authorized on your behalf. If there is no-one at the delivery address to receive the delivery you will need to contact the carrier to make alternative arrangements. You may be required to pay additional costs. Deliveries can be expected between 7.30am and  6pm in NZ but exact times cannot be given.
Delivery charges cover packaging, delivery and insurance.

 

4. Price and Payment
The price you will pay for the goods is the price specified on the website at the time of sale. You will also agree to pay the handling and delivery fee inclusing GST (NZ only) which Hypnopencil is required to collect from you.
If you live overseas all import duties, customs and local taxes levied by the country you are shipping to will be your responsibility and you will be held liable. Payment of these may be necessary to release your order from Customs on arrival.
Hypnopencil reserves the right to ammend all pricing at any time without notice, but the price payable for goods will be the price applicable on the date the goods are confirmed as ordered.
Payment will be paid by you for all goods and delivery at the time of ordering. Payment is accepted through Paypal only.

 

5. Risk and Title
When the goods are delivered to the delivery address the risk and title in the goods passes on to you. If you are not satisfied with the goods you have purchased you may contact Hypnopencil by emailing sales@hypnopencil.com or calling +64 9 8108961 within 3 days of receiving the goods. We will advise accordingly of the returns process available.
Goods in saleable/new condition with all original tags attached may be exchanged for another size or for a store credit when accompanied by the original receipt and an email or letter which has been sited and accepted by Hypnopencil. After 14 days all sales are final unless your garment is deemed faulty by us in which case you have 30 days to return the goods.
All returns must be by a courier or service that provides a tracking or registed number and insurance. Hypnopencil will not be responsible for any return costs nor duty reimbursements for international purchases (excluding faulty items).
If you chose to exchange your item for a different size which is not in stock we will grant you a store credit or refund as negotiated by Hypnopencil and the customer.
If you wish to exchange your item for a different style we suggest you return it for a store credit and purchase a new garment separately.
If you live outside of New Zealand you will be responsible for all duties and taxes on the replacement item (excluding faulty items).

 

6. Packaging and Labeling
All goods sent by Hypnopencil will be packaged in the most suitable form for those goods in order to care and protect them.
Care labels and/or special care instructions will appear on all garments and should be followed strictly.
Returns will not be accepted by Hypnopencil if care instructions for the garment have not been adhered to.

 

7. Intellectual Property Rights
You acknowledge that Hypnopencil or its related companies own or are licensed to use all intellectual property rights in Hypnopencil (including but not limited to, any images, photographs or text which appears on the website). You agree that you will make no representation to the contrary, and that you must not use or copy Hypnopencil in any way which is not consistent with the rights of the owner or licensee of such intellectual property rights.
You acknowledge that any trademarks or logos which appear on the Hypnopencil website are owned by or licensed to Hypnopencil, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos

 

8. Feedback you Provide
We value your comments and are always interested to learn how you feel we can improve. You understand and agree that we may use your submitted comments, ideas or feedback without any restriction or compensation to you and that any feedback you choose to submit is not confidential information.

 

9. Email and Newsletter Opt-in
When registering on the site you will be asked if you want to sign up for our newsletter receive and opt in to receive special offers by Hypnopencil in email or post form. You may chose to opt in or out for both of these servicecs. You may unsubcribe at any time by clicking the ‘unsubscribe’ link at the bottom of any email message sent or contacting info@hypnopencil.com.

 

10. Competitions, Promotions, Prizes and Giveaways
Prizes, discounts, and vouchers offered in connection with promotions, competitions and giveaways run by us cannot be used in conjunction with any other offer, cannot be sold, transferred, exchanged nor be taken for cash. No responsibility is accepted for any variation in the value of the prize.
If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorised intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.
If for whatever reason the original prize is unavailable, we, in our sole discretion, reserve the right to substitute the prize with an offer of equal value.
Entrants consent to us using the entrant's name, likeness, image and/or voice in the event they are a winner in any media for an unlimited period without any remuneration for the purpose of promoting this competition, or Hypnopencil  generally.
The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
Winners will have 7 days to claim their prize, at which time the prizes will be redrawn.
Entry into a promotion is deemed acceptance of and agreement with these Terms. Our decision is final and no correspondence will be entered into.

 

11. Privacy
On registration you will be asked to confirm customer data privacy as a mandatory requirement.
The personal data you provide is used by Hypnopencil to answer to your queries, process your orders or allow you to access specific information. You have a right to modify and delete all the personal information which we hold concerning yourself in the "my account" page.
Please refer to our privacy policy for full privacy terms.

 

12. Security
While we work hard to protect the security of your account details and provide a secure environment, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You agree that you will immediately notify us of any unauthorised use of your account or password, or if you feel your account has been compromised in any way.
If you receive a password by Hypnopencil you agree to take responsibility for the safekeeping of your password. You are liable if an unauthorised person uses your password. You agree to release and forever indemnify Hypnopencil in relation to any liability howsoever arising out of the unauthorised use of your password.

 

13. Liability
To the extent permitted by law, you agree that any liability of Hypnopencil arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you through use of the Hypnopencil website will be limited to:
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
You agree that the entire risk arising out of installation, downloading, use or performance of Hypnopencil remains with you. To the extent permitted by law, you release and discharge Hypnopencil and its related companies from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss of damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this agreement) arising out of or in connection with Hypnopencil or this agreement, including, without limitation, loss or damage caused by the negligence of Hypnopencil or its related companies.

 

14. Governing Law and Jurisdiction
Hypnopencil Ltd. is a New Zealand company operating under New Zealand law.
For any dispute you have, you agree to first contact us and attempt to resolve the dispute with us informally.
If an informal resolution is not able to be reached, disputes shall be governed and construed in accordance with the laws of New Zealand. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

 

15. Notification of Changes
We reserve the right to ammend these terms at any time. Amendments will be posted on this site. Your continued use of this site will be deemed to constitute acceptance of the new terms.