Terms of Use for Buyers on the Rita Edited Marketplace (“Terms”)

Welcome to the Rita Edited Marketplace, these Terms of Use ("Terms") govern your use of The Rita Edited Marketplace and services as a buyer. By accessing or using The Rita Edited Marketplace, you agree to comply with and be bound by these Terms. If you disagree with any part of these Terms, you may not use the Rita Edited Marketplace.

1. Introduction:

The Rita Edited Marketplace is a marketplace to showcase products created, made, produced and/or designed in Aotearoa and allows sellers to sell products directly to consumers (“Rita Edited Marketplace”). The Rita Edited Marketplace is owned and operated by Rita Edited Limited (“Rita”). Please read these terms and conditions carefully before using the Rita Edited Marketplace. By using the Rita Edited Marketplace, you as buyer (“You, Your, Buyer”) agree to abide by these Terms.

2. Application of Buyer Terms:

These Terms and our Privacy Policy apply when browsing the Rita Edited Marketplace, when enquiring about products or when purchasing products from Sellers. By choosing to browse, enquire or purchase products you agree to these Terms. If you do not agree with either of these Terms of use or our Privacy Policy, you must not use the Rita Edited Marketplace.

3. Fees and Payments for Purchasing:

There are no charges for browsing on the Rita Edited Marketplace. All products will have a listing price in New Zealand Dollars and are inclusive of GST, unless explicitly stated otherwise. Payments are processed through our third-party payment provider Stripe. For Stripe to process payments we provide them with a certain amount of your personal data as outlined in our Privacy Policy. We recommend that you read Stripe’s terms of use and privacy policy, so you understand how they handle your information. The most up to date version of these documents can be found on their website, https://stripe.com/nz/privacy Links to other websites from the Rita Edited Marketplace are provided for your convenience and Rita is not responsible for the information contained on those websites. The provision of a link to another website does not constitute an endorsement or approval of such website, or any products or services offered on such website, by Rita. Rita will not accept any liability for the use of those links to connect to websites that are not under its control.

4. Account Registration and Your Responsibilities

To access features beyond browsing on Rita, you need to register for an account and set up a buyer’s profile. This includes communicating with Sellers, adding products to your cart or favourites list, purchasing products and leaving reviews.

1. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for ensuring your log in details are safe and secure and your profile is kept confidential. You are solely responsible for all activities that occur using your profile, account and password. You must notify Us immediately, should there be unauthorised use of your profile or any other breach of security.
2. You must always provide true and complete information in all dealing with Us and the Sellers.
3. You must not impersonate another person or misrepresent your authority to act on behalf of someone else or Us. You must not allow others to access or use your account without our prior written consent. No matter whether anyone using your account is authorised to use it or has obtained unauthorised access, you will remain responsible for their actions and omissions.
4. Reviews that are left for sellers after a purchase must not be objectionable or breach any laws including but not limited to privacy and publicity rights. If we consider a review or other conduct on the Rita Edited Marketplace to be objectionable, we may remove the reviews you have left and suspend your account and access to the Rita Edited Marketplace.
5. When purchasing products of the Rita Edited Marketplace you agree to and are bound by any additional Seller’s terms of sale/purchase set out in their Store profile. You warrant in respect of all personal information which is contained in any data that you upload to the Rita Edited Marketplace, that you have the right to use that personal information and to make it available to Rita. You further warrant that Rita’s collection, storage, distribution, disclosure and other use of that personal information (as specified in Rita’s Privacy Policy) will not breach any privacy, data protection or other applicable law in any jurisdiction.

5. Our Intellectual Property:

a. Rita retains full ownership of all intellectual property rights associated with the systems, information, data, text, artwork, trademarks, logos, and the overall look and feel of the Rita Edited Marketplace. This includes but is not limited to website design, layout, functionality, and any proprietary technology or software used to operate the Rita Edited Marketplace and includes any intellectual property developed by Rita or associated with the Rita Edited Marketplace during its lifetime. You have no rights in the Rita Edited Marketplace or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms. b. You agree not to reproduce, distribute, or modify any intellectual property owned by Rita without prior written consent. You must not take any actions which may have the effect of invalidating or prejudicing Rita’s intellectual property rights in the Rita Edited Marketplace or otherwise take any action that would prevent Rita or the Rita Edited Marketplace operating its services in the usual course. Any unauthorised use of Rita’s intellectual property may result in legal action.

6. Disclaimers and Limited Liability:

a. Rita provides the Rita Edited Marketplace and its services on an "as is" and "as available" basis without any warranties or representations, express or implied. While Rita strives to maintain the accuracy, reliability, and functionality of the Rita Edited Marketplace, Rita makes no warranties or guarantees regarding its availability, uptime, performance, or suitability for any particular purpose or that the Rita Edited Marketplace will be free from errors, bugs, viruses, trojan horses and other security flaws and defects, or that Rita will fix such flaws and defects upon becoming aware of them or that any of Your data will not be lost or deleted.
b. You acknowledge and agree that the Rita Edited Marketplace and all products and services delivered to you through the Rita Edited Marketplace are (except as expressly stated by Rita) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. c. Rita shall not be liable for any direct, indirect, incidental, special, consequential loss, or punitive damages arising from or related to the use of the Rita Edited Marketplace including but not limited to:

1. Any product or service you have purchased on the Rita Edited Marketplace, or any failure to receive the product or service purchased.
2. Interruption to your access to the Rita Edited Marketplace, including if it is performing slowly to is unavailable in whole or in part.
3. Any errors or omissions in content or listings.
4. Unauthorized access to or alteration of transmissions or data.
5. Exposure to viruses or forms of interference that may have an impact on your computer or computing systems.
6. Exposure to fraud. Notwithstanding the above in no event shall Rita’s maximum liability to You, whether in tort (including negligence), contract or otherwise arising out of all claims under the Terms or Your use of the Rita Edited Marketplace, exceed NZD$20.00 regardless of the cause of action or legal theory. To the extent permitted by law, Rita disclaims all liability for the actions, omissions, or conduct of any users of the Rita Edited Marketplace, including consumers, third parties, other buyers and sellers. You are solely responsible for their interactions and transactions with sellers, third parties and other sellers of the Rita Edited Marketplace. You agree that from time to time Rita may remove the Rita Edited Marketplace for indefinite periods of time or cancel access to the Rita Edited Marketplace at any time, without notice to you. You expressly agree that your use of, or inability to use, the Platforms is at your sole risk. These disclaimers and limitations of liability apply to the fullest extent permitted by law, and You indemnify and hold Rita harmless from any claims, losses, damages, or expenses arising from or related to Your use of the Rita Edited Marketplace.

7. Modification of Terms:

Rita reserves the right at its sole discretion, to modify, replace or amend these Terms at any time. If a revision is material, Rita will upload new Terms to the Rita Edited Marketplace and the changes will take effect immediately. It is your responsibility to check the Rita Edited Marketplace periodically for changes. Your continued use of or access to the Rita Edited Marketplace following the posting of any changes to these Terms constitutes acceptance of those changes.

8. Governing Law:

These Terms shall be governed by and construed in accordance with the laws of New Zealand.

9. Assignment:

You may not deal, assign or delegate any of your rights or obligations under these Terms without our prior written approval and any attempted assignment without our prior written consent is void.

10. Waivers:

For Rita to waive a right under these Terms, the waiver must be in writing.

11. Entire Agreement:

These Terms constitute the entire agreement between the You and Rita and supersede any prior agreements, statements (verbal or written) or understandings.

By using Rita Edited Marketplace as a buyer, You acknowledge that You have read, understood, and agreed to these Terms. If You do not agree with any part of these Terms, You must not use the Rita Edited Marketplace.