Terms of Service

1. Introduction and acceptance

This website (the “site”) is operated by Aventine Numismatics & Collectables (”Aventine”, “we”, “us”, “our”). By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (”Terms of Service”, “Terms”), including all terms referenced here and elsewhere on this site.

Your access to this site and use of the services offered is conditioned on your acceptance of and compliance with these Terms and all policies and notices stated here, including our [Privacy Policy], [Shipping Policy], and [Returns Policy], which form part of these Terms. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the site or use any services.

2. Your rights as a consumer

Nothing in these Terms limits, excludes, or modifies the rights and remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other New Zealand law that cannot lawfully be excluded.

Where you acquire goods or services from us as a consumer (as defined in the Consumer Guarantees Act 1993), the guarantees and rights given by that Act apply alongside these Terms, and these Terms are to be read subject to them.

Where you acquire goods or services from us for the purposes of a business, you agree that, to the extent permitted by law, the Consumer Guarantees Act 1993 does not apply, and that this exclusion is fair and reasonable given the commercial nature of the transaction.

3. Use of the site

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any content on the site through which the Service is provided, without our express written permission.

4. Accounts and communications

When you create an account or place an order, we may send you transactional messages relating to your account and purchases. We will only send you marketing or promotional communications where you have opted in to receive them, and every such message will include a simple way to unsubscribe. You may withdraw your consent at any time by using the unsubscribe link or by contacting us.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

5. Purchases and payment

To facilitate a purchase from our store, you may be required to submit relevant information including, without limitation, your credit or debit card details, billing address, and shipping information. You agree to the use of relevant third-party services (for example, PayPal or Stripe) to complete your purchase. Your use of those services is subject to their own terms and privacy policies.

We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product availability, errors in the description or price of a product or service, suspected fraud, security concerns, or breach of these Terms.

We may limit or cancel quantities purchased per person, per household, or per order at our sole discretion. These restrictions may include orders placed under the same customer account, the same payment card, or the same billing or shipping address. If we change or cancel an order, we may notify you using the email, billing address, or phone number provided when the order was made.

6. Pricing and product information

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law.

All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products or services we offer. We reserve the right (but are not obligated) to limit the sale of our products or Services to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis.

We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your device’s display of any colour will be accurate.

7. Authenticity guarantee

We guarantee the authenticity of the goods we sell. If a good sold by us is found to have been misattributed, you will be entitled to return the item for a refund.

This guarantee does not cover changes over time in the generally accepted opinions of historians, researchers, numismatists, or other experts regarding the attribution, grading, or classification of an item.

8. Third-party links

The Service may contain links to third-party websites or services that are not owned or controlled by Aventine. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge that Aventine shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any content, goods, or services available through any third-party website or service.

9. Security and your responsibilities

We do not warrant or represent that our site will be free from computer viruses or other harmful components, or that it will not cause damage. We accept no responsibility for any third-party use of our site or content uploaded to or transmitted by our site. You accept responsibility for ensuring that your device has effective and up-to-date security software, including antivirus and anti-malware protection.

10. Prohibited uses

In addition to other prohibitions set out in these Terms, you agree not to use the site or its content:

• for any unlawful purpose, or to solicit others to perform or participate in any unlawful acts;

• to breach any applicable New Zealand or international laws, regulations, rules, or bylaws;

• to infringe upon or violate our intellectual property rights or those of others;

• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person on any grounds, including those protected under the Human Rights Act 1993;

• to submit false or misleading information;

• to upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service, any related website, other websites, or the internet;

• to collect or track the personal information of others;

• to spam, phish, pharm, pretext, spider, crawl, or scrape;

• for any obscene or immoral purpose; or

• to interfere with or circumvent the security features of the Service, any related website, other websites, or the internet.

We reserve the right to terminate your use of the Service or any related website for breaching any of the prohibited uses.

11. Comments and submissions

If, at our request, you send certain specific submissions (for example, competition entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, or other personal or proprietary right, and will not contain unlawful, abusive, or obscene material or any malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

12. Privacy

Your submission of personal information through the site is governed by our [Privacy Policy], which forms part of these Terms. We collect, use, store, and disclose personal information in accordance with the Privacy Act 2020.

13. Disclaimer of warranties; limitation of liability

Except for our guarantee as to the authenticity of the goods we sell, and except for any guarantees or rights that apply under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other New Zealand law that cannot be excluded, the Service and all products and services delivered through it are provided on an “as is” and “as available” basis, without representations, warranties, or conditions of any kind, whether express or implied, to the maximum extent permitted by law.

We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, or that any results obtained from it will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel it at any time, without notice to you. Nothing in this clause limits your rights as a consumer under New Zealand law.

To the maximum extent permitted by law, and except for rights that cannot be excluded under New Zealand law, in no case shall Aventine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including, without limitation, 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 Service or any products procured using the Service, or relating in any way to your use of the Service or any product. Where our liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Aventine and our directors, officers, employees, and agents from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate, or your violation of any law or the rights of a third party.

15. Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If, in our sole judgement, you fail or we suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may accordingly deny you access to our Services (or any part of them).

16. General

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, and any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including any previous versions of these Terms).

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

17. Governing law and jurisdiction

These Terms, and any separate agreements by which we provide you Services, are governed by and construed in accordance with the laws of New Zealand. You and we submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising under or in connection with these Terms.

18. Contact

Any questions about these Terms should be sent to us through our “Contact Us” page, or by emailing [sales@aventine.co.nz].