1. Introduction

1. For the purposes of these Terms and Conditions, ‘we’ or ‘our’ refers to SouqBazaar Ltd unless otherwise stated and ‘you’ or ‘your’ refers to a visitor or customer of www.souqbazaar.com unless otherwise stated.
2. These Terms and Conditions create a legal agreement between you and SouqBazaar Ltd that covers everything you do on this site and everything we make available to you on this site. But these Terms are not the only terms, law or agreement that may apply to you when you use our services at SouqBazaar Ltd. Because we are an international company, we cannot and do not make any representations as to what governing law will protect you as a consumer.
3. Note that the retailers on this site are independent from SouqBazaar and will be legally responsible individually and separately to you in respect of the sale and purchase between you and the retailer conducted on this site. SouqBazaar Ltd is not a party between to any agreement between you and the retailer in respect of any sale and purchase of goods that occur on this site.
4. These Terms and Conditions apply whenever you use this website. It is taken that by choosing to use this site that you have accepted these Terms and Conditions.

2. Applicable Law

1. Unless otherwise stated, all applicable laws refer to the laws of New Zealand and should be interpreted accordingly. In regards to any disputes arising in relation to these Terms and Conditions or their subject matter, the New Zealand courts will have non-exclusive jurisdiction over those disputes.
2. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
3. Only the parties to these Terms and Conditions may seek to enforce them under the Contracts (Privity) Act 1982.
4. If any of these terms and conditions is found by any court by competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

3. Changes and Updates

1. SouqBazaar Ltd reserves the right to make any changes to this website, policies and these Terms and Conditions at any time. If any of these conditions are deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
2. SouqBazaar may change these Terms and Conditions with or without any notice to you from time to time. These changes take effect as soon as they are posted on the website. It is your responsibility to remain aware of such changes as they take place.

4. Warranty

1. SouqBazaar Ltd will attempt to give as accurate descriptions of products as possible. But as retailers and not SouqBazaar Ltd offer the products for sale, we do not give any warranty or guarantee of any kind that product descriptions or any other content of the website is accurate, complete, reliable or error-free. Product guarantee will be provided to you by each individual retailer in respect of their products.
2. SouqBazaar Ltd makes no representations or warrants the operations of this site or its information, content and products contained within. You expressly agree that your use of this site is at your sole risk.
3. To the full extent permissible by applicable law, SouqBazaar Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SouqBazaar Ltd does not warrant that this site, its servers, or email sent from SouqBazaar Ltd are free of viruses or other harmful components. SouqBazaar Ltd will not be liable for any damages of any kind arising from the use of the site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

5. Consumer Guarantees Act 1993

1. All New Zealand goods will be guaranteed by the Consumer Guarantees Act 1993 by the retailers/suppliers. For the purposes of, but not limited to, the Consumer Guarantees Act 1993, SouqBazaar Ltd is not your retailer or a party to the transaction of sale and purchase that occurs on this site. SouqBazaar Ltd does not make any representations as to the origin of the goods and products.

6. Intellectual Property

1. SouqBazaar Ltd owns and will continue to own all intellectual property (including, without limitation, any designs, copyright, layout designs, trade marks or names, or other protected rights of a similar nature and any application for and renewals or extensions of the same) directly or under licence, currently in existence. The customer agrees that nothing in these Terms and Conditions shall entitle the customer to use the intellectual property of SouqBazaar Ltd without the prior consent of SouqBazaar Ltd.
2. Downloading, modifying, transmitting or other use of any material from this website is prohibited for public or commercial purposes.

7. Orders

1. All orders are subject to acceptance by SouqBazaar Ltd. Once accepted by SouqBazaar Ltd, orders cannot be cancelled or varied by the customer.
2. When making any orders through SouqBazaar Ltd, you the customer warrant that the information you provide to us is honest and accurate.
3. Whatever method of payment is used, goods will be dispatched by SouqBazaar only once full payment is received. Until full payment is received, SouqBazaar retains full ownership of the goods.

8. Price

1. All prices are stated in US dollars and include Local Taxes only (unless specifically stated otherwise).
2. The product prices listed on this site are provided to us by retailers. While we ask that all our retailers do their best to make sure the prices they provide to us are accurate, reliable, complete and current, and we do our best to keep retailer prices updated on this site, we cannot and do not represent or warrant that the price is accurate, or will always reflect the retailers’ actual prices. Prices are confirmed at the time you confirm your order for payment.

9. Returns Policy

1. If you buy a product from this site and it does not meet the product description, at law, you are able to return it to the retailer in an unused condition. In this situation, the retailer, and not SouqBazaar Ltd, will be responsible to you directly.
2. Each retailer sets their own returns and cancellations policies. In all cases the retailer and not SouqBazaar Limited is responsible for providing you with any applicable refund where a retailer notifies SouqBazaar Ltd that it has despatched an order but fails to do so, or where a retailer delivers only parts of an order or the wrong order, or you are entitled to a refund either in full or in part for any other reason.
3. If you wish to cancel your order, you can notify us by email via our contact form before we have accepted your order.
4. Where goods have already been dispatched to you, you may return the goods to SouqBazaar within seven days to us if they have not been used in any way and if they have not been customised specifically for you.
5. All returns must be authorised by SouqBazaar before any returns are made. Orders sent back without a return authorisation number will be refused. Shipping charges will not be refunded and the costs of returning goods to us shall be born by you, the customer. A 10% restocking fee may be charged on all returns.

10. Customer Responsibilities

You agree to comply with all laws and regulations applicable to your access and use of this site. This means you agree to:

1. Follow our instructions when using this site.
2. Not use this site inappropriately or unreasonably – For example (but not limited to), post offensive messages, interfere with another’s rights, publish any unlawful material or make a false transaction.
3. Use this site only for lawful purposes.
4. Not act in a way or use or attempt to damage, interfere with or introduce that in any way compromises SouqBazaar Ltd or any network or system underlying or connected to SouqBazaar Ltd.
5. Not use our website (or copy, scrape, systematically or automatically extract or otherwise use any information or other material from the website) for any commercial purpose other than to conduct a commercial transaction where this is offered to you as part of our services;
6. Comply with any additional legal requirements that apply to you in respect of restricted items;
7. Ensure that everyone you are responsible for also meets these commitments and your other obligations under these Terms and Conditions SouqBazaar Ltd may refuse at any time to provide any further services to anyone who breaches these Terms and Conditions.

11. Security

You agree to:

1. To not permit any other person to use your password or account;
2. Keep secure and confidential any password or access code (such as a PIN) for the Services
3. Not to disclose to any other person your password or any other information that may allow them to gain access to your account; and
4. To change your password immediately if you believe that your account may have been used without your authorisation.

12. Website links

1. You may only create links from this website to external websites where you are entitled to do so and where the creation of the link does not otherwise breach these Terms and Conditions.
2. Also, you may only create links to this site from external websites with our prior written permission.
3. Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that maybe obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

13. User licence

1. If you post any material on our website, you agree that we may reproduce, publish, modify and distribute that material and incorporate it in other works in any form but only for purposes reasonably associated with the posting and the operation of our services. If you do not own the material, you must get the owner’s consent before you post or upload it.

14. Ending or Suspending any Services

We may at any time and without notice:

1. Change the format and content of our website and/or any products or services offered here;
2. End (stop providing), suspend or restrict your access to any service we provide if you do not meet any responsibility you have to us; or
3. Terminate or suspend the operation of our website and/or the services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work, to update content or to protect our website or users of our website from suspected fraudulent or unauthorised activity), or permanently if we decide to stop providing some or all of our services.
4. This will not affect any rights and responsibilities which are intended to continue, or come into force after that date or event.

15. Shipping

1. Retailers that you purchase your goods from may be from different origins (country, state, city etc) as each retailer is its own unique store, thus shipping costs and policies may vary for each retailer.
2. SouqBazaar Ltd uses FedEx for international shipping. Thus the shipping policy for international shipping will reflect that of FedEx as they may change from time to time.
3. Each retailer may use its own method of shipping. It is your responsibility to be aware of which carrier service each retailer is using and note the shipping policy that applies to you.
4. No duties and tax will be charged by SouqBazaar Limited for deliveries outside of New Zealand. Each customer is responsible for duties and tax payable for deliveries to their respective country, state or city and will not hold SouqBazaar Limited accountable for the same or any other amounts payable for whatsoever reason.
5. All deliveries made within and to New Zealand will include GST (New Zealand Goods and Services Tax).
6. Customs may hold any package that passes through for whatever reason and SouqBazaar Ltd will not be liable for any delay or costs that may arise through Customs.

16. Web Security

1. The website is certified with secure sockets layer (ssl) that provides secure communications on the internet for such things as web browsing, e-mail. SouqBazaar also uses Alert site which will be constantly monitoring and scanning the website for any vulnerabilities.
2. All security systems will be displayed as icons which will also have up to date real time certificates that you will be able to view.
3. SouqBazaar will not keep any credit card information, as this process will take place through the merchant service provided. Purchasing procedure will take customers to another secured area using a payment e-gateway, which is a secure portal for credit card transactions only.
4. We will not be keeping any information from your registration details other than for the purposes the information will be used for.