Terms and Conditions

TERMS & CONDITIONS

Acceptance of Terms and Conditions

In these terms and conditions, “this website”, “we”, “us”, “our”, and “Pro Tools Solutions Limited” refers to Two Fussy Blokes and “you” or “the customer” the user of this website. Your access to and use of all information on this website including purchase of our product/s and service/s provided is subject to the following terms and conditions. If you do not accept and agree to be legally bound by and comply with these terms and conditions, you must refrain from using the website. 

Amendments to Terms and Conditions

The information is intended for any user of this website. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions. 

Site Access

When you visit our website, we give you a limited license to access and use our information for personal use. 

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice.  

Your use of our content in any other way infringes our intellectual property rights. 

Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. 

The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to meta tag or mirror our website without our prior written permission.  

We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Pricing

All prices are shown in New Zealand Dollars (NZD) and include GST (15% sales tax as of 2021, if the GST rate changes, we reserve the right to immediately amend our prices accordingly).  All prices are correct at time of publication; however, we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.

The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant products at the time your order is submitted (subject always to clause 5.4 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the products). Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD).

International orders may be subject to local taxes or duties which are the responsibility of the customer.

Orders

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. By placing an order on this website, you agree to and accept the terms and prices specified in this website. 

This price may include additional delivery and other applicable charges. This offer may be accepted or rejected by Two Fussy Blokes for any reason, including, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with Two Fussy Blokes will only come into existence when you have fully paid for your order and Two Fussy Blokes provides confirmation that your order has been accepted and can be fulfilled. Confirmation will be sent via email.

We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our website manager may call you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud and other unauthorized or illegal activity. 

All orders are subject to the availability of products. We may reject or cancel any order due to the unavailability of any product. If for any reason a product is not available, we will endeavour to notify you of the non-availability on this website. We may revise the range of products or the specification of any product at any time (except where we have confirmed our acceptance of your order) without notice to you. 

Where any product is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product either online or in-store where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order. 

You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order. 

You agree that the products sold to you by Two Fussy Blokes are for your own use and are not to be on-sold by you to any entity in the nature of a wholesale, distribution, or retail supply. 

Images of our products on the website are intended to show examples of our products. The final look of the product may vary slightly from those shown on the website and sample products. 

We reserve the right to change the permitted methods of payment, including the credit cards or services we are able to accept, at any time. 

Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. All risk of loss or damage to the goods passes to you when we dispatch the goods.   

All international postage is an additional charge, calculated at the time of purchase. 

Orders placed on weekends and public holidays will be processed on the next business day. 

To track your parcel please visit Courier Post or the courier company specified for your order and enter the tracking number. 

Payment

We accept major types of credit card – Visa and Mastercard. The name that will appear on your statement will bePro Tools Solutions Limited. 

We take all reasonable care to make our website 100% secure. All credit card transactions on this website are processed using PayPal, one of the world’s leading online payment systems.

In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website. All payments on www.twofussyblokes.com are processed via Paypal payment fulfillment service with 3D Secure. Two Fussy Blokes assumes no liability whatsoever for the availability and functionality of this service. Two Fussy Blokes assumes no liability for any financial loss caused by the use of PayPal payment service. 

If shopping as an overseas customer – the actual price charged to overseas customers will be subject to the exchange rate applied by the customer’s credit/debit card company. 

Orders are processed pending availability and credit verification. We reserve the right to cancel orders upon review.

Delivery

Once we have confirmed our acceptance of your order, we will endeavor to dispatch your order within 2 business days. If we are unable to dispatch your order within this timeframe, we will endeavor to contact you and advise you of the expected dispatch date. Please note that multiple orders may not always be shipped together. In addition, depending on the size of your order you may receive several shipments to complete your order. 

In the event we are not able to ship to the shipping address you advise, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address). 

Although we will endeavor to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery. 

For NZ deliveries, allow approximately 1-3 business days for delivery in the North Island and 3-5 working days in the South Island. International delivery time varies depending on the country but usually takes between 3-30 business days. There may be COVID related or natural disaster delays which are outside of our control. 

We will take every care in packing and dispatching your purchase but we are not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods or products caused by any event of any kind by any person, whether or not we are legally responsible for the person who caused or contributed to that loss. We are not responsible for any loss of items that are wrongfully signed for and accepted by a third party. 

We are not liable for damage incurred to goods in transit or for non-delivery. You will become the owner of the goods you have ordered once they have been dispatched to you. Once goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction. Please note that if you have a non-delivery arrangement with the courier company, we are not liable for the loss, damage or destruction to the goods. It is the responsibility of the customer to make sure the package is delivered to the correct address and signed for by the customer as it is the customer’s personal custody once it has left the Two Fussy Blokes premises. 

Returns

If for any reason, you are unhappy with your purchase from Two Fussy Blokes we are happy to offer a full refund or exchange providing you send it back to us within 14 days of receipt. 

Please note:

All items returned must be unused.

Exchanges are possible if the item is available.  

Unfortunately we do not accept returns or exchanges on sale items. 

Please note that Two Fussy Blokes cannot refund delivery cost or any international tax or duties paid on non-faulty exchanged items. 

To arrange a return please email info@twofussyblokes.com  quoting your name, address, transaction number and/or date of purchase, details of the product, a photo (if necessary), the reason for return and whether you require a refund or replacement. 

Any item(s) being returned must be returned in their original Two Fussy Blokes packaging. Please pack the item carefully and we recommend that you use a secure and tracked service for your own protection. Please send items for return to:  

Attention: Peter Spychala

Unit 2, 88 Elizabeth Knox Place, Saint Johns, Auckland, 1072, New Zealand

The item is your responsibility until it reaches us therefore, we cannot accept responsibility for any items lost or stolen in transit. Any item returned after the stated time period will only be refunded at our discretion. 

Sale items and made to order items are non-refundable and non-returnable. 

Missing or damaged parcels

 All products are looked at before they are sent to our customers to ensure they are in good condition. Where damage or defect has occurred to goods that are due to circumstances beyond our control, Two Fussy Blokes shall not be liable. This condition does not affect your statutory rights. 

Please take a photo of the items as you are opening packaging to support any claim you may have with regards to damage of the products in transit. Without this evidence we may not be able to support any claim you may have with the products. 

Please keep any packaging and damaged items as they are received, as these are required for the claim process. If the products you receive are faulty or damaged, contact us within 7 days of receiving the goods, with photo evidence, and we will open an investigation with our courier agent on your behalf.  

With all queries to our Customer Support Service, invoice numbers should be quoted.  

In the unlikely event that your parcel doesn’t reach you within the expected delivery time-frame ( New Zealand 15 working days max and oversea 30 days) of our having emailed you confirmation of dispatch, please let us know. For us to be able to assist you with regards to a missing parcel please contact us within 40 days of your parcel’s dispatch. After this time, we may unfortunately not be unable to assist you. 

Customs Duties and Taxes

Products shipped to other countries may be subject to that country’s Taxes and/or Duties. You will be responsible for paying such Taxes and Duties. 

You must comply with all laws and regulations of the country to which our products are shipped. You must not purchase any of our products where importation of that product may be restricted or prohibited. 

Customs policies vary widely from country to country so you should contact your local customs authority for further information.

Warranties

Two Fussy Blokes provides a warranty for its products against faulty materials or workmanship (or both) for a period of 30 days after delivery of the goods provided: (a) All claims under this warranty are received within 30 days after delivery of the goods. (b) The customer gives Two Fussy Blokes notice of any defect in the goods within 3 days of such defect becoming apparent. (c) The customer has complied with all specific recommendations of Two Fussy Blokes. 

We may, at our sole option, repair or replace a defective product or provide a refund of the purchase price. 

This warranty is exclusive and all other warranties, descriptions, representations or conditions as to fitness or suitability for any purpose, tolerance to any condition, merchantability or otherwise, whether of like nature or not and whether expressed or implied by law trade custom or otherwise are expressly excluded. 

Where the customer acquires products other than for the purposes of its business (or if the Consumer Guarantees Act 1993 applies for any other reason), then the limitations and exclusions of liability in this clause 9 shall be subject to the Consumer Guarantees Act 1993. 

Two Fussy Blokes are not in any way liable for accidental damage.

Intellectual Property

This website contains Intellectual Property Rights including copyrighted material, trade secrets and proprietary information owned by Two Fussy Blokes. This Agreement does not grant to you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Website or any material or information appearing on the Website or any products offered by Two Fussy Blokes.  

You may not create any derivative work or technology based upon any trade secret, Intellectual Property Rights, confidential or proprietary information of Two Fussy Blokes. Furthermore, you may not sub-license, assign, transfer, sell or make any other commercial use of your access to the Website or the products. 

You shall not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Two Fussy Blokes, or take any other action that infringes upon or impairs Two Fussy Blokes’ trademark or other Intellectual Property Rights. 

Two Fussy Blokes is the sole owner of all Intellectual Property Rights, and in particular the copyright, trademarks, database and patents, in the Website and in any software, application, graphics, images, video, audio, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement.  

Two Fussy Blokes shall retain all ownership rights in and to all content displayed on the Website, including copies of data transferred or received by you through the Website. 

Two Fussy Blokes retain the rights to all designs created including but not limited to all custom designed pieces, signature collection pieces and the designs for clients creating an original setting to make, reproduce and display. 

Any other use of content on the website, including but not limited to the modification, distribution, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the website, or use of the website for purposes competitive to Two Fussy Blokes, is prohibited. 

“Intellectual Property Right” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

Privacy

By agreeing to the terms and conditions of this Agreement. You are also agreeing to the terms of Two Fussy Blokes Privacy Policy available here. 

Hyperlinks and Applications.

The website may contain links or other content related to websites, products and/or services offered by third parties.  

Two Fussy Blokes has no control over any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. You acknowledge and agree that Two Fussy Blokes is not responsible for the availability of such third-party links, content, websites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. You warrant and agree that Two Fussy Blokes will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. 

Two Fussy Blokes may include on the website advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, you may be redirected to a website of the advertiser or receive other messages, information or offers from the advertiser. You acknowledge and agree that Two Fussy Blokes is not liable or responsible for the content, products or services of such advertisers or the websites, links, information, messages, offers or privacy practices of such advertisers. You are wholly liable for all communications and transactions with advertisers. 

Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking 

Disclaimers

All reasonable care is taken to ensure that images appearing on this website reflect as accurately as possible the products and we try our best to be as accurate as possible in our product descriptions. However, we do not warrant that the product image, description or other content of this website are accurate, complete, reliable, current, or error-free. All features, content, specifications, sizes and prices of products and services described or depicted on the website are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. 

You acknowledge and agree that the website is provided “as is”, and therefore you will not have any claim or demand against Two Fussy Blokes, or any of the foregoing’s officers, directors, shareholders, employees, sub-contractors, representatives or agents with respect to any website. The use of the website is at your sole risk. Subject to the Consumer Guarantees Act 1993 to the fullest extent of the law, Two Fussy Blokes expressly disclaims all warranties of any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. 

Two Fussy Blokes shall have no liability to the customer if Two Fussy Blokes is unable to perform its obligations due to events outside Two Fussy Blokes.’s control. 

Governing Law

The laws of New Zealand govern any contract arising out of this website, and all disclaimers, terms and conditions and terms of use and the parties agree to the exclusive jurisdiction of the New Zealand Courts. 

Limitation of liability & indemnity

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again. 

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied. 

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. 

Force Majeure

If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.