Terms of service
Overview
Welcome to Madigas. Throughout these Terms, the words "we", "us" and "our" refer to Madigas. Madigas operates this store and website, including the information, content, features, tools, products and services made available through it, to provide you, the customer, with a curated shopping experience (the "Services"). Madigas is powered by Shopify, which helps us make the Services available to you.
These terms and conditions, together with any policies referenced in them, are referred to as these "Terms of Service" or "Terms" and set out your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and include provisions relating to warranty disclaimers and limitations of liability.
By visiting, accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or our Privacy Policy, you should not access or use the Services.
Section 1: Access and account
By agreeing to these Terms of Service, you confirm that you are at least 18 years old, or the age of majority in the jurisdiction in which you reside, and that you have permitted any minor dependents in your care to use the Services only on devices that you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing any products or services we offer, you may need to provide certain information, such as your email address, billing details, payment information, and shipping information. You confirm that all information you provide through our store is accurate, current, and complete, and that you have the necessary rights to provide it.
You're responsible for keeping your account credentials secure and for all activity that takes place under your account. You may not transfer, sell, assign, or license your account to anyone else.
Section 2: Our products
We make every reasonable effort to display and describe our products accurately in our online store. That said, product colours or appearance may vary depending on the device you use, as well as your screen settings and configuration.
We can't guarantee that the appearance or quality of any product you purchase will meet your expectations or appear exactly as shown in our online store.
Product descriptions may be changed at any time without notice, at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic area, or jurisdiction on a case-by-case basis.
Section 3: Orders
When you submit an order, you're making an offer to purchase. Madigas may accept or decline your order for any reason at its discretion. Your order isn't considered accepted until Madigas confirms acceptance, and we must receive and process your payment first. Please check your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order has been accepted. If we decline, change, or cancel an order, we'll try to notify you using the email address, billing address, or phone number provided when the order was placed.
Your purchases are subject to returns or exchanges only in line with our Return and Refund Policy.
You confirm that your purchases are for personal or household use only, and not intended for commercial resale or export.
Section 4: Prices and billing
Prices, discounts, and promotions may change without prior notice. The price charged will be the price shown at the time your order is placed, and will appear in your order confirmation email. Unless clearly stated otherwise, listed prices do not include duties, taxes, shipping, handling, or customs fees.
Prices displayed in our online store may differ from prices in physical stores or in stores operated by third parties. From time to time we may run promotions through the Services that are governed by their own separate terms and conditions. If those promotional terms conflict with these Terms, the promotional terms will apply.
You agree to provide accurate, complete, and current purchase, payment, and account information for every purchase made through our store, and to promptly update details such as your email address, card numbers, and expiry dates, so we can process your transactions and reach you if needed.
You confirm that (i) any payment information you provide is true, accurate, and complete, (ii) you're authorised to use the payment method for the purchase, (iii) charges you incur will be honoured by your card provider, and (iv) you'll pay all charges you incur at the posted prices, including shipping and handling and any applicable taxes.
Section 5: Shipping and delivery
All delivery timeframes shown on the Services are estimates only and aren't guaranteed. We aren't liable for delays caused by shipping carriers, customs processing, or events beyond our reasonable control. Once products are handed to the carrier, risk of loss passes to you — though this doesn't affect any rights you have under the Consumer Guarantees Act 1993 if an item is later found to be faulty or not as described.
Section 6: Intellectual property
The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of these materials, are owned by Madigas, its affiliates, or licensors, and are protected by copyright, trademark, and other intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any licence or rights under any patent, trademark, copyright, or other intellectual property belonging to Madigas, Shopify, or any third party, except as expressly stated. Unauthorised use of the Services may breach applicable intellectual property law. All rights not expressly granted are reserved by Madigas.
Madigas's names, logos, product names, service names, designs, and slogans are trademarks of Madigas or its affiliates or licensors. You may not use these without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks appearing on the Services belong to their respective owners.
Section 7: Optional tools
As part of the Services, you may be given access to customer tools provided by third parties, which we don't monitor, control, or have input over.
You acknowledge that access to these tools is provided "as is" and "as available," without warranties, representations, or endorsement of any kind. We won't be liable for any issue arising from your use of optional third-party tools.
Section 8: Third-party links
The Services may include materials and links to websites operated by third parties, including embedded third-party features. We're not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites. If you leave the Services to access a third-party site, you do so at your own risk.
We're not liable for any harm or loss related to your access to third-party websites, or your purchase or use of any products, services, or content from them. Please review a third party's own policies carefully before entering into any transaction with them — complaints about third-party products or services should be directed to that third party.
Section 9: Relationship with Shopify
Madigas is powered by Shopify, which allows us to provide the Services to you. However, all sales made through our store are made directly with Madigas. By using the Services, you acknowledge that Shopify isn't responsible for any part of a sale between you and Madigas, including any injury, damage, or loss resulting from products purchased. You release Shopify and its affiliates from claims, damages, and liabilities arising from your purchases and transactions with Madigas.
Section 10: Privacy policy
All personal information we collect through the Services is governed by our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, viewable here. By using the Services, you acknowledge that you've read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located outside New Zealand, in order to provide the Services to you. Please review our Privacy Policy for more on how we, Shopify, and our partners use your personal information.
Section 11: Feedback
If you submit, upload, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial purposes — for example, to operate, provide, evaluate, and improve the Services.
You confirm that: (i) you own or hold all necessary rights to the Feedback; (ii) you've disclosed any compensation or incentive received in connection with it; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential, (2) pay you for it, or (3) respond to it.
We may, but aren't required to, monitor, edit, or remove Feedback we consider unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, or in breach of any party's intellectual property rights or these Terms.
You agree that your Feedback won't infringe the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and won't contain defamatory, unlawful, abusive, or obscene material, or any virus or malware. You must not use a false email address, impersonate anyone else, or otherwise mislead us about the origin of your Feedback. You're solely responsible for the Feedback you submit, and we assume no responsibility for Feedback posted by you or any third party.
Section 12: Errors, inaccuracies and omissions
Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct these, and to update information or cancel orders affected by inaccurate information, at any time and without prior notice, including after an order has been submitted.
Section 13: Prohibited uses
You may access and use the Services only for lawful purposes. You must not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to breach any applicable law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, defame, or intimidate any of our employees or other people; (e) to transmit false or misleading information; (f) to send or receive material that doesn't comply with these Terms; (g) to send unsolicited advertising or promotional material, including spam or chain letters; (h) to impersonate any person or entity; or (i) to interfere with anyone's use or enjoyment of the Services, or engage in conduct we consider harmful to Madigas, Shopify, or other users.
You also agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track other people's personal information; (d) spam, phish, pretext, spider, crawl, or scrape; or (e) interfere with or bypass the security features of the Services or related websites. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you've breached these Terms.
Section 14: Termination
We may terminate this agreement or your access to the Services, in whole or in part, at our discretion and without notice. You remain responsible for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive.
Section 15: Disclaimer of warranties
Information provided on or through the Services is made available for general informational purposes only. We don't warrant that this information is accurate, complete, or useful, and any reliance you place on it is at your own risk. We disclaim liability arising from reliance placed on these materials by you or anyone else.
EXCEPT AS EXPRESSLY STATED BY MADIGAS, AND SUBJECT TO YOUR RIGHTS UNDER THE CONSUMER GUARANTEES ACT 1993 AND FAIR TRADING ACT 1986 (WHICH CANNOT BE EXCLUDED FOR GOODS AND SERVICES ACQUIRED FOR PERSONAL, DOMESTIC, OR HOUSEHOLD USE), THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DON'T GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Section 16: Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING ANY RIGHTS YOU HOLD UNDER THE CONSUMER GUARANTEES ACT 1993 OR FAIR TRADING ACT 1986, MADIGAS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 17: Indemnification
You agree to indemnify, defend, and hold harmless Madigas, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal costs, payable to a third party and arising from (1) your breach of these Terms or any documents incorporated by reference, (2) your breach of any law or third party's rights, or (3) your access to and use of the Services.
We'll notify you of any indemnifiable claim, though a delay in notifying you won't release you from your obligations unless you're materially prejudiced by it. We may control the defence and settlement of a claim at your expense, including choice of counsel, but won't settle any claim requiring non-monetary obligations from you without your consent, which won't be unreasonably withheld. You agree to cooperate in the defence of indemnified claims, including by providing relevant documents.
Section 18: Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by law, and the unenforceable part will be severed from these Terms. This won't affect the validity or enforceability of the remaining provisions.
Section 19: Waiver; entire agreement
Our failure to exercise or enforce any right or provision of these Terms won't be treated as a waiver of that right or provision.
These Terms, together with any policies or operating rules we post on this site, form the entire agreement between you and us regarding your use of the Services, and replace any prior agreements, communications, or proposals, whether oral or written, including earlier versions of these Terms.
Any ambiguity in interpreting these Terms won't be construed against the party that drafted them.
Section 20: Assignment
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
Section 21: Governing law
These Terms, and any separate agreements through which we provide you with Services, are governed by and interpreted in accordance with the laws of England and Wales, and you and Madigas submit to the non-exclusive jurisdiction of the courts of England and Wales. Nothing in this section limits any right you have to bring a claim in New Zealand, or affects any protections you're entitled to under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
Section 22: Headings
The headings used in these Terms are included for convenience only and don't limit or otherwise affect them.
Section 23: Changes to terms of service
You can review the most current version of these Terms at any time on this page.
We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting updates on our website. It's your responsibility to check our website periodically for changes. We'll notify you of any material changes as required by applicable law, and such changes will take effect on the date stated in the notice. Your continued use of the Services after changes are posted means you accept those changes.
Contact Us
Have a question about your order, or just want to say hi? Send us an email anytime.
Email: support@madigas.com
Support Hours:
Monday–Friday: 8:00 AM – 6:00 PM NZT
We aim to respond to every message within 24 hours.
Our Business
ECOMMERCE TRANSHIPMENT SOLUTION LTD
Cici House
58 Derby Street
Manchester, England
M8 8HF
United Kingdom
Company registration number: 08586595