The Crafty Moustache Limited

Version: [1] – effective [7/10/26]

1. About these terms

1.1 Who we are. These terms apply to laser cutting, laser engraving and related services provided by The Crafty Moustache Limited ("TCM", "we", "us" or "our"), New Zealand Business Number 9429 0527 87751, registered office 24 Dixons Line, Bunnythorpe, New Zealand. You can contact us at thecraftymoustache.nz@gmail.com

1.2 When these terms apply. These terms apply when you accept a quote, make payment, or instruct us to proceed with a job. They apply together with the accepted quote, any approved proof or production file, and any written agreement between you and TCM. If there is a conflict, a written agreement specific to your job prevails over the quote, and the quote prevails over these terms.

1.3 Your legal rights. Nothing in these terms limits or excludes any right or remedy you have under New Zealand law that cannot lawfully be limited or excluded, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. If any term would otherwise operate to limit those rights, it is to be read as not doing so. This applies to every clause in these terms.

1.4 Definitions. In these terms:

"Job" means the work described in an accepted quote.

"Quote" means our written price and scope for a job, whether given as a fixed price or an estimate (see clause 2.2).

"Production file" means the file or files used to produce the job, whether supplied by you or prepared or modified by us.

"Proof" means a preview, mock-up or draft of the production file, or of personalised details, that we send you for approval.

"Working day" means a day other than a Saturday, Sunday, national public holiday, or the Auckland Anniversary, Wellington Anniversary, or Matariki public holiday.

"Consumer" has the meaning given in the Consumer Guarantees Act 1993.

1.5 Accepting these terms electronically. You may accept these terms online, including by ticking an "I agree to the Terms and Conditions" box at checkout, by replying to a quote by email, by paying, or by instructing us to proceed. Electronic acceptance has the same effect as signing a paper copy. You confirm that you have had the opportunity to read these terms before accepting.

1.6 Services we provide. We provide laser cutting and laser engraving throughout New Zealand. Depending on the quote, a job may include:

laser cutting and engraving;

preparing customer-supplied files for laser production, including minor file modifications;

design work, where specifically agreed and quoted;

cleaning laser burn residue and normal production residue from finished pieces;

packaging; and

delivery.

1.7 Services we do not generally provide. Unless the quote says otherwise, we do not provide painting or other decorative finishing, assembly of finished products, cutting of customer-supplied material, or general manufacturing outside the agreed scope of the job. We may occasionally agree to assemble a product. If we do, it is separately agreed and may attract additional labour charges.

1. Quotes and acceptance

2.1 What a quote is based on. A quote is based on the information and files available to us when we prepare it. We use our initial assessment of your file to estimate laser time, labour time, material requirements, file preparation requirements and any other costs. We generally quote on the assumption that your file is suitable for production. The initial assessment is not a complete technical examination of the file. We may raise concerns we notice at that stage, and further issues may become apparent in the detailed check described in clause 3.

2.2 Fixed price or estimate. Each quote states whether it is a fixed price or an estimate.

A fixed-price quote will not increase unless the scope changes, you request changes, or a previously unidentified issue is discovered, in each case as set out in clauses 3.5 and 9.1.

An estimate is our best assessment of the likely price. If the final price will be more than 30% above an estimate, we will tell you and obtain your agreement before proceeding.

If a quote does not say which it is, it is a fixed price.

2.3 Validity. A quote is valid for 14 days from the date it is issued unless it says otherwise.

2.4 Changes before acceptance. If you change the file, quantity, material, dimensions or other requirements after we have quoted, we may issue a new quote.

2.5 Acceptance. A quote is accepted, and a contract is formed, when you do any of the following within the validity period: confirm acceptance in writing (including by email or at checkout), make payment, or instruct us to proceed. Accepting a quote creates an obligation to pay for the agreed work, subject to your rights under clause 9 and under New Zealand law.

2.6 When work starts. Production will not begin until we have received all required information and approvals and, for customers who pay in advance, payment (see clause 8).

1. Information, file checking and design work

3.1 Information we need. To prepare a quote we may need some or all of: the file or files to be produced; material; material thickness; quantity; finished dimensions; deadline; delivery address; any known changes required; and any other information reasonably necessary to assess the job. You are responsible for giving us accurate and complete information. If important information is missing or changes after we have quoted, we may need to revise the quote.

3.2 Detailed file check. Before production we may carry out a more detailed check of the production file where required, to identify issues that may affect our ability to manufacture the agreed product. If we identify an issue, we will tell you.

3.3 Limits of our file check. Our file check is a manufacturing check. It is not a guarantee that we will identify every design, engineering, assembly or intended-use issue.

3.4 Fixing issues. If an issue can reasonably be fixed by design or file modification, we may give you a revised quote that includes the necessary work. We will not carry out any chargeable design or correction work without your approval. If an issue makes the job impractical or impossible to manufacture, we may decline the job under clause 9.

3.5 Revised quotes. If we discover a previously unidentified issue that requires additional design or correction work, production will stop and we will give you a revised quote. You may accept or decline it. If you decline, we will refund you in accordance with clause 8.6.

3.6 What design work is included. We are primarily a laser cutting and engraving service, not a general graphic design or product engineering service. The design work included in a job is whatever the quote says.

Minor modifications that are normally included in file preparation may include:

basic resizing of a suitable design, where resizing will not affect its construction;

basic positioning;

simple text changes; and

other minor adjustments that do not require substantial redesign.

Additional design work will be quoted before we do it. It includes:

rebuilding or recreating artwork;

redesigning a file so it can be manufactured;

creating new layouts;

modifying construction methods;

correcting significant design problems;

extensive personalisation; and

repeated design revisions.

Resizing or modifying a design with slots, tabs, joins, interlocking components or other construction features may require additional design work.

3.7 When we may decline design-heavy jobs. We may decline or stop a job because of the amount or nature of design work only where one of the following applies, and we will explain which:

the work required is outside our capabilities or equipment;

the work required is substantially greater than the quote allowed for and you do not accept a revised quote;

you have requested design revisions beyond the three rounds included in the quote, and you do not accept a quote for further rounds; or

your changes have materially changed the scope of the job from what was quoted, and you do not accept a revised quote.

If we decline under this clause, clause 9.6 applies.

1. Design, assembly and intended use

4.1 What we manufacture. We manufacture products to the agreed specifications and the production file you have approved.

4.2 Your design and assembly responsibility. If you supply or approve a design with tabs, slots, joins, interlocking components or other assembly features, you are responsible for the design and the intended assembly method. We do not guarantee any particular fit from customer-supplied tabs, slots or joins unless we have specifically agreed in the quote to design and test the assembly system.

4.3 Glue and assembly. Depending on the design, material, thickness and intended use, laser-cut components may need glue or another assembly method. If you are buying a kitset, you should expect that some designs will need glue or another method rather than relying on a press-fit connection alone.

4.4 Issues we notice. If we notice an obvious manufacturing or assembly issue during our file assessment, we will raise it with you where reasonably practicable. We are not required to find every such issue (see clause 3.3).

4.5 Intended use. Please tell us before you accept a quote if the product has a particular structural, load-bearing, safety-critical or specialised purpose, or if its intended use is otherwise important to you. If you want a product to perform a particular function, discuss that with us before accepting. We can then tell you whether we can meet the requirement, quote for any design work needed, or decline.

4.6 Services outside the agreed scope. Unless we have agreed in writing to provide engineering, structural or product-design services, we do not take responsibility for requirements outside the agreed scope, such as engineering, structural design, assembly design or load requirements, where you have not told us about them.

4.7 Where we do take on design for a purpose. If we have agreed to design or modify a product for a particular purpose, we will carry out that work with reasonable care and skill.

4.8 Safety. We will not knowingly manufacture an unsafe product. We may decline work where the intended use or proposed design presents a safety concern (see also clause 14).

1. Your files, IP and licensing

5.1 Files you supply. You may supply files you created yourself, or files you obtained, purchased, commissioned or otherwise sourced from someone else.

5.2 What you confirm when you submit a file. By submitting a file, you confirm that you have the rights, permissions and licences needed for us to reproduce, modify and process it for the job you have requested. This includes confirming that any licence you hold allows a third-party business such as TCM to reproduce the design for your intended purpose.

5.3 Your responsibility. You are responsible for copyright, trade mark, registered design, licensing and other intellectual property issues relating to files you supply. We are not required to work out whether your licence allows commercial reproduction or your particular use.

5.4 Third-party material. This clause applies to logos, trade marks, characters, artwork, patterns, illustrations and other protected material. We may reproduce such material where you confirm that you have permission or a licence. We will not reproduce counterfeit products or material we reasonably believe we are not authorised to reproduce.

5.5 Evidence of rights. If we have a genuine concern about your right to have a design reproduced, we may ask you for evidence of your licence or permission.

The job is paused, and the production timeframe stops running, until you give us satisfactory evidence.

If you cannot show that you have the necessary rights or permission, we may decline the job under clause 9.4 and clause 9.6 applies.

5.6 Indemnity for intellectual property claims.

(a) Business customers. If you are a business customer (see clause 15), you indemnify us against any loss, damage, cost or liability (including reasonable legal costs) arising from a third party's claim that producing or supplying a job from your file infringes their intellectual property rights.

(b) Consumers. If you are a consumer, you are responsible only for the reasonable, direct costs we incur from such a third-party claim, and only where you knew or ought reasonably to have known that you did not have the rights you confirmed in clause 5.2. You are not responsible for any other loss.

5.7 Ownership of your files. We do not take ownership of your designs because we receive or process them. You give us a non-exclusive licence to use, copy, store and modify your files to the extent needed to quote, check, prepare and produce your job, handle queries and complaints, and provide repeat orders.

5.8 Photography and marketing licence. You also give us a non-exclusive, royalty-free licence to photograph the finished product and to display those images, including the design, in our website, social media, advertising, portfolio and promotional material.

This applies only to what the photographs show, and does not give us any other right to your design.

You may opt out at checkout, on the quote, or by telling us before production or before we photograph the product. If you opt out, we will not photograph or publish it.

We will not publish personal or confidential information that could identify a person (such as names or dates on a personalised item) unless you agree or the law permits. Clause 17 has more detail.

6. TCM design work

6.1 Where we do substantial design work. Where we create or substantially develop a design for you, we keep ownership of that design and its intellectual property unless the quote or another written agreement says otherwise.

6.2 Where we make minor changes. Where we only make minor modifications or production adjustments to your design, your underlying design remains yours.

6.3 Paying for a product does not transfer our design files. Payment for a finished product does not transfer ownership of our underlying design files, templates, methods or intellectual property to you. You are buying the finished product, and we do not supply the files unless we agree otherwise in writing.

6.4 Your licence to use the finished product. Ownership of the physical product passes to you in accordance with clause 8.9. You may use and display the finished product for its intended purpose, including for business purposes where that is the purpose you told us about. You may not reproduce a TCM-owned design, or have someone else reproduce it, without our written permission. We are happy to discuss repeat orders or a reproduction licence.

6.5 Generic elements. We may continue to use generic design elements, techniques, layouts, templates and production methods that are not specific to your proprietary or confidential design.

6.6 Your confidential designs. We will not knowingly reproduce your proprietary or confidential design for another customer without your permission.

1. Proofs and approval

7.1 When we send a proof. Where a job involves personalised text, names, dates, numbers, dimensions, layouts or significant design changes, we may send you a proof or final production file for approval.

7.2 No production before approval. Where we ask for approval, we will not start production until you have approved the relevant proof or production information. You can give approval by email, message or any online approval method we offer. We will keep a record of it.

7.3 Check carefully. You are responsible for checking what you approve, including spelling, names, dates, numbers, dimensions, wording, layout and other details specific to you.

7.4 Errors in approved information. If there is an error in information you approved and we produce the item to match it, we are not responsible for the error, and any correction or replacement may be charged to you.

7.5 Errors on our part. If the finished product does not match the information you approved, that is a production error and clause 13 applies. We will fix it at no cost to you.

1. Price, GST, payment and risk

8.1 Price. The price of each job is set out in the quote. A quote may include charges for materials, laser production, machine operation, labour, file preparation, design work, file corrections, packaging, delivery and other agreed services.

8.2 GST. The Crafty Moustache is not currently registered for GST. GST is therefore not charged on our prices.

8.3 Delivery charges. Where delivery is required, the delivery method and cost will be confirmed in the quote. Unless the quote expressly states that delivery is free, delivery charges are payable with the rest of the order.

8.4 No increase after acceptance without a genuine reason. We will not increase a price after you accept a quote unless there is a genuine reason connected to changed requirements, a previously unidentified production issue, an additional request from you, or other circumstances that materially change the agreed scope. If a price increase is needed, we will give you a revised quote, and you may accept or decline it (see clause 3.5).

8.5 Payment.

(a) General customers. We require 100% payment before we begin final file checking, design work or production. Until payment is received, the job stays paused.

(b) Business customers. Approved account customers will be invoiced on the payment terms agreed with us, which are payment within 28 days of the invoice date. We may require payment before production from new customers and customers without an account.

(c) Payment methods. We may accept Shopify Payments, internet banking, cash, Afterpay and any other method we offer at the time of purchase. If you pay through a third-party provider, their terms apply to that payment, and any refund will normally be made through the same provider.

8.6 Refunds when a job does not proceed.

(a) Full refund. If we cancel or decline a job under clause 9, and the reason is not caused by you or your requirements, we will refund everything you have paid for the cancelled work.

(b) Refund less costs. If you decline a revised quote, cancel under clause 9.2, or we decline a job because of something caused by you or your requirements, we will refund everything you have paid, less the reasonable cost of work already done (including any materials purchased or used and not reasonably re-usable). On request we will give you an itemised statement of those deductions.

(c) Timing. We will pay any refund within 10 working days of the job being cancelled or declined, or of the amount being agreed.

8.7 Late payment (account customers). If a business customer on account does not pay by the due date:

we may charge simple interest on the overdue amount at [10]% per annum from the due date until payment; and

we may recover the reasonable costs of collecting the debt, including collection agency fees and legal costs.

We may also pause work on other jobs for that customer until the overdue amount is paid. This clause does not apply to consumers.

8.8 Risk. Risk in the finished product passes to you when it is delivered to your delivery address or collected by you. Clause 12 deals with loss or damage in transit.

8.9 Ownership and retention of title.

(a) General customers. Ownership of the finished product passes to you when you have paid in full.

(b) Account customers. Where we supply on credit, ownership remains with TCM until you have paid for the product in full. Until then, you must keep the product in good order and identifiable, and must not sell it or grant any security over it without our written consent, except in the ordinary course of your business.

1. Changes, cancellation and declining work

9.1 Changes to an accepted job. After a quote is accepted, a change to the file, quantity, material, dimensions, design, delivery or other specifications may affect the price and the production timeframe. We may give you a revised quote if a change means extra work or cost. Production may stay paused until you accept the revised quote and pay any extra amount.

9.2 Cancelling a job. You may ask to cancel a job. The refund is as follows (the refund amount is worked out as set out in clause 8.6(b)):

Stage reached - What happens

Before file checking or design work has started - Full refund.

File checking or design work done, production not started - Refund less the reasonable cost of the work done.

Production started - Refund less the cost of the work done and materials purchased or used that cannot reasonably be re-used.

Production Finished - No refund for cancellation or change of mind.

For large orders, we will give you the itemised cost of the work done and materials committed, and the refund amount, before we deduct anything. You may then confirm or withdraw the cancellation request within 3 working days.

9.3 Your rights under New Zealand law. Nothing in clause 9 limits any right to cancel or obtain a refund under New Zealand law, for example where the product is faulty or does not match the agreed specification.

9.4 When we may decline or stop a job. We may decline or stop a job only where one of the following applies, and we will tell you which:

the file cannot reasonably be manufactured, or is of such poor quality that it cannot be used;

there is a copyright, licensing or intellectual property concern that is not resolved under clause 5;

the material or product is unsafe or unsuitable, or the job would involve an unsafe product or process;

the work is outside our machine capabilities;

the design work needed is more than we are prepared to do under clause 3.7;

you will not approve or pay for correction work that is needed to make the job manufacturable;

the scope has become substantially different from the original quote and you do not accept a revised quote;

the job involves unlawful, counterfeit, hate, extremist or violent material;

you have been abusive, threatening or harassing toward our staff; or

you are an account customer and have not paid an overdue invoice within 28 days of a written reminder.

9.5 How we decline. We will notify you promptly, give our reason, and tell you what refund applies.

9.6 Refund when we decline. Where we decline or stop a job, clause 8.6 sets out the refund: in full if the reason is not caused by you or your requirements, and less the reasonable cost of work already done if it is.

1. Materials and finished product

10.1 Materials we supply. We supply the materials used for standard laser production. You may choose the material you want to use from the materials, colours and finishes we have listed and made available for the job. Your selected material will be confirmed on the quote before production begins.

We do not accept customer-supplied materials unless we have agreed to this with you in advance.

10.2 Refusing a material. We may refuse to process a material where we reasonably consider it unsafe, unsuitable for our machine, unsuitable for the intended process, or inappropriate for the intended use. If we do, we will tell you why and clause 9.4 applies.

10.3 Minimum component size. For practical production and handling reasons, we generally do not produce individual components smaller than 10 mm × 10 mm. This includes small kitset pieces, tabs, connectors and decorative pieces.

We may agree to produce smaller components that we have specifically assessed and consider practical to make and handle. The quote will say so.

If a design contains a large number of very small components, we may ask you to change the design, quote an additional handling or sorting charge before we proceed, or decline the job under clause 9.4.

10.4 Natural material variation. Natural and wood-based materials can vary in colour, grain, texture, knots, surface appearance, density, engraving appearance and other natural characteristics. Variation of this kind is normal and is not in itself a defect. If a particular appearance is important to you, tell us before production, and we will tell you whether we can accommodate it (for example, by selecting boards or showing a sample).

10.5 Laser characteristics. Laser cutting and engraving can naturally produce burn marks, darkened edges, scorch marks, smoke residue, variation in engraving depth or appearance, and minor differences between pieces. These characteristics can vary between batches of material and between individual pieces. We will clean normal burn residue from finished products where practical. Characteristics of this kind are normal for laser processing and are not necessarily defects.

10.6 Where variation becomes a fault. Clauses 10.4 and 10.5 describe normal variation. They do not apply to a product that is faulty, is not of acceptable quality, or does not match the agreed specification or any sample or description we gave you. Clause 13 applies to those.

10.7 Dimensional tolerance. Unless we agree otherwise, dimensions are subject to an approximate tolerance of ±0.5 mm, depending on the material, design and production method. If a component relies on an exact fit, slot, tab, joint or assembly system, tell us before production. We may then recommend a test piece under clause 10.8, or quote for design work under clause 3.6.

10.8 Test pieces. We may recommend a test piece, and may require one where reasonably necessary, if:

the material is unfamiliar or unusual;

the engraving result is uncertain;

the design has critical dimensions;

a tight fit is required;

the final result is difficult to predict; or

we otherwise reasonably consider testing necessary before proceeding with the full order.

The cost of a test piece will be included in the quote, or separately quoted and agreed with you before we make it. If the test shows that the agreed result cannot reasonably be achieved, we will tell you and discuss options, such as changes to the design, material or specification (with a revised quote under clause 3.5). If neither of us wishes to proceed, the job ends and clause 8.6 applies.

1. Production times and delays

11.1 Standard production time. Our standard production time is generally 5 to 10 working days from the point at which we have received all required information, approvals (including test piece approval, where applicable) and payment. This is a guide to the time we normally need. If the quote states a completion date, that date applies. In every case we will complete the job within a reasonable time.

11.2 What can affect the timeframe. The production timeframe may be affected by customer delays, outstanding payment or approval, file problems, additional design work, material availability, machine problems, unexpected production issues, unusually large orders, and events outside our control (see clause 11.4).

11.3 When the timeframe pauses. The timeframe pauses while we are waiting for information, payment, approval, licensing evidence, clarification, a corrected file, or other action from you that we have asked for. We will tell you promptly what we are waiting for.

11.4 Events outside our control. If an event outside our reasonable control prevents or delays us, we will extend the time for completion by a reasonable period. Such events include significant supply issues, power outages, natural disasters, emergencies, illness or other circumstances that materially affect our ability to operate, and equipment failure that proper maintenance could not reasonably have prevented. Courier and postal delays are not covered by this clause. Clause 12 deals with them.

11.5 Keeping you informed. If a delay occurs, or we expect to miss an agreed timeframe, we will tell you as soon as reasonably practicable, give you a revised estimate, and explain the cause where we can. You can ask for an update on your job at any time and we will respond within 3 working days.

11.6 Significant delay. If we are responsible for a significant delay, or fail to complete a job within a reasonable time or by an agreed date, we will offer you an appropriate remedy, which may include a partial refund, a discount, or faster production at our cost. If the delay is serious, or we cannot give you a reasonable revised date, you may cancel the job and we will refund what you have paid for the part not completed under clause 8.6(a).

1. Delivery

12.1 How we deliver. We deliver throughout New Zealand by postal or courier service. The quote states the delivery method, cost and expected delivery time ([typically 2 to 5 working days] after dispatch). The delivery cost is included in the quoted price and paid before dispatch (see clause 8.3).

12.2 Packaging. We package products with reasonable care so that they withstand normal handling in transit.

12.3 Tracking. Once an order is dispatched, we will give you tracking information where it is available.

12.4 Your delivery details. You are responsible for giving us a correct and complete delivery address and a contact number, and for making sure someone can receive the delivery (or for choosing authority to leave, where it is offered).

If a delivery fails because the details you gave were wrong or incomplete, or no one was available to receive a signature-required delivery, you pay the cost of redelivery or return. We will tell you the cost before redelivering.

This does not apply where the failed delivery was caused by us or the carrier.

12.5 Authority to leave. If you ask for your parcel to be left at your address without a signature, it is treated as delivered when left. If we or the carrier chose to leave it without a request from you, and it is lost or damaged, clause 12.6 applies.

12.6 Delay, loss or damage in transit. The product is at our risk until it is delivered to you (see clause 8.8). If your order is delayed, lost or arrives damaged:

(a) Tell us. Please contact us as soon as reasonably practicable after you discover the problem, ideally within 5 working days of the delivery date or expected delivery date, with photos of the product and its packaging where you can. This helps us investigate, but telling us later does not take away your rights.

(b) We deal with the carrier. You do not need to make a claim against the courier or postal provider. We will deal with them ourselves.

(c) The remedy. We will remake and resend the affected items at no cost to you. If we cannot reasonably do that within a reasonable time, or you are entitled to a refund, we will refund the price of the affected items, including the delivery charge for them.

(d) Delay. If delivery is delayed, we will follow up with the carrier and keep you informed. If the delay is unreasonable, clause 11.6 applies.

1. Problems, remedies and complaints

13.1 Our standard. We carry out our services with reasonable care and skill and aim to produce the agreed quantity and specification.

13.2 Production errors. If a product does not match the agreed quantity or specification (including information you approved under clause 7) because of our error, we will assess whether it can reasonably be corrected. We will normally remake or otherwise remedy the affected products at no cost to you. If we cannot do that within a reasonable time, you may choose a refund of the price of the affected products (clause 8.6(a)).

13.3 Unexpected results from approved designs. If you have approved a design, specification or production file and the result is unexpected because of the design itself rather than our production, we will discuss possible corrections with you. If the correction needs additional design work, we will quote for it separately (clause 3.6). In that case we are not required to replace the product at our cost.

13.4 Unexpected material or process characteristics. If a problem is caused by an unexpected characteristic of the material or the laser process, and not by your file or an approval you gave, we will not treat it as your responsibility just because we could not have foreseen it. Unless it is normal variation under clause 10.4 or 10.5, we will remedy it as set out in clause 13.2.

13.5 Unclear cause. If the cause of a problem is unclear, we will investigate and tell you what we found and what we propose to do within the time in clause 13.8.

13.6 Problems caused by your file or instructions. If a problem is caused by your file, design, instructions or a specification you approved, we are not responsible for the cost of replacement work. We will quote you for remaking or correcting the product if you want us to.

13.7 Raising a problem. Email us at thecraftymoustache.nz@gmail.com with:

your name;

your job or order number;

a description of the problem; and

photos or other relevant information where appropriate.

Please tell us as soon as reasonably practicable after you discover the problem, so we can investigate and fix it. Telling us later does not take away your legal rights.

13.8 Our complaints process.

(a) We will acknowledge your complaint within 3 working days.

(b) We will investigate, and may ask for more information, photos, or return of the item. If your complaint is upheld, we will pay the reasonable cost of returning it.

(c) We will tell you the outcome in writing within 10 working days of acknowledging your complaint. If we need longer, we will tell you why and when to expect an answer.

(d) If you are not satisfied, you may ask for a review by [OWNER / DIRECTOR], who, where practicable, will not have been involved in the original decision. We will respond within 10 working days.

(e) You may also be able to use the Disputes Tribunal or another dispute resolution service at any time. Nothing in this process delays or prevents that.

13.9 Your remedies. If a product or service does not meet a legal guarantee, you may be entitled to repair, replacement, refund or compensation, depending on the circumstances. Where a fault is minor and can be fixed, we may be entitled to fix it first. Where it is serious, or cannot be fixed within a reasonable time, you may be entitled to cancel and receive a refund or compensation. Nothing in these terms limits those rights.

1. Product safety

14.1 Our commitment. We will not knowingly make an unsafe product, and we comply with the product safety laws that apply to us. We may decline a job under clause 9.4 where the intended use or the design presents a safety concern.

14.2 Products for children. Unless the quote says otherwise, our products are not designed or tested as children's products. Laser-cut pieces can have small parts, sharp or splintery edges and rough surfaces. If a product is intended for use by children, tell us before you accept the quote. We will then tell you whether we can make it safely, may recommend changes to the design, size or material, and may decline the job.

14.3 Food and drink contact. Unless the quote expressly says a product is suitable for contact with food or drink, you should not assume that it is. Laser-cut wood, plywood, MDF, acrylic and engraved or scorched surfaces may contain adhesives or residues, and are not treated or tested for food contact. If you want a product for food or drink contact (for example a serving board or cookie cutter), tell us before you accept the quote. We will tell you whether we can supply a suitable material and finish, and may decline the job.

14.4 Information about materials. On request, we will tell you what material a product is made from, so you can check it suits your intended use.

14.5 Use and care. If we give you written use or care instructions (for example, keep away from heat or do not submerge in water), please follow them.

14.6 Safety issues and recalls.

(a) If you become aware of a safety problem with a product we supplied, please tell us as soon as you can and stop using it.

(b) If we become aware of a safety problem, we will stop supplying the affected product, contact affected customers using the details we hold, and tell you what to do (for example, stop using it, return it or receive a replacement or refund).

(c) We will notify the relevant authorities where the law requires it.

(d) To make this possible, we keep job records showing what we supplied and to whom, as set out in clause 17.2.

14.7 Your legal rights. This clause does not limit any right you have under product safety laws or under New Zealand consumer law.

1. Business customers

15.1 Who this clause applies to. A "business customer" is a customer who acquires our services in trade (including for resale, or for use in production or manufacture) and who has accepted this clause under clause 15.2. If you have not accepted it, this clause does not apply to you and you are treated as any other customer.

15.2 Express acceptance. You accept this clause by ticking the business-customer box at checkout or account setup, by signing the account application or quote, or by confirming acceptance in writing. By doing so you confirm that:

you are acquiring our services in trade;

you have had the opportunity to read this clause and get independent advice about it; and

you agree that this clause is fair and reasonable.

15.3 Consumer Guarantees Act. To the extent the law allows, the Consumer Guarantees Act 1993 does not apply to the services and products we supply to you as a business customer. In return, the following contractual commitments apply to you:

we carry out our services with reasonable care and skill (clause 13.1);

finished products will match the agreed specification and be free from defects in our materials and workmanship; and

clause 13 (including the remedies in clause 13.2 and the complaints process in clause 13.8) applies to you.

15.4 Liability cap. To the extent the law allows, our total liability to a business customer for all claims arising out of or in connection with a job, whether in contract, tort (including negligence) or otherwise, is limited to [the price paid for that job].

15.5 Indirect loss. To the extent the law allows, we are not liable to a business customer for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill or opportunity, whether or not we could have foreseen it.

15.6 What is not limited. Clauses 15.4 and 15.5 do not limit liability for fraud or deliberate misconduct, or any liability that cannot lawfully be limited.

15.7 Inspect on delivery. Please check the products when you receive them. If you find a defect or a shortfall, tell us in writing within 10 working days of delivery, so we can investigate and fix it. This does not affect any right that cannot lawfully be limited by a notice period.

15.8 Fair Trading Act. Where the Fair Trading Act 1986 permits parties in trade to contract out of its provisions, and it is fair and reasonable to do so, you agree that those provisions do not apply between us. Nothing in this clause removes protections that cannot be contracted out of.

1. Liability and your legal rights

16.1 Our standard of service. We carry out our services with reasonable care and skill.

16.2 Problems we are not responsible for. We are not responsible for a problem to the extent it was caused by:

information or files you supplied incorrectly;

incorrect information you approved (clause 7.4);

use of a product that is unauthorised or unsuitable, where you did not tell us about the use (clause 4.5);

modifications made to the product by you or someone else after production;

assembly by you or someone else; or

your failure to follow written instructions we gave you.

This clause does not apply to the extent that we caused or contributed to the problem, or where the law makes us responsible.

16.3 Your consumer guarantees. If you are a consumer, the Consumer Guarantees Act 1993 gives you guarantees that cannot be excluded. These include that:

products are of acceptable quality, and fit for any particular purpose you made known to us (clause 4.5) where you reasonably relied on our skill or judgment;

products match any description or sample we gave you;

our services are carried out with reasonable care and skill, and for a reasonable price; and

our services are completed within a reasonable time.

If a product or service fails a guarantee, you may be entitled to a repair, replacement, refund or compensation (clause 13.9).

16.4 Business customers. For business customers, clause 15 applies instead of clause 16.3.

16.5 Nothing excluded. Nothing in these terms excludes liability that cannot lawfully be excluded (see clause 1.3).

1. Privacy, file retention and photography

17.1 Personal information.

(a) Our Privacy Policy. Our Privacy Policy at https://thecraftymoustache.com/pages/privacy-policy, explains what personal information we collect, why we collect it, who we share it with, where it is stored, and your rights. This clause is a summary. If there is a conflict about personal information, the Privacy Policy prevails.

(b) Summary. We collect and use your name and contact details, billing and payment information, delivery address, files and images, job details and correspondence, so that we can quote, check files, produce, deliver and invoice your job, manage your account, deal with queries and complaints, keep business and accounting records, and meet legal requirements.

(c) Sharing. We share information only where reasonably needed to provide the service, for example with payment providers, couriers, our online store and accounting providers, and suppliers involved in your order. Some of these providers store information outside New Zealand. We do not sell your personal information.

(d) Information about other people. If you give us someone else's personal information (for example a name for engraving or a recipient's delivery address), you confirm you are entitled to do so.

(e) Your rights. You may ask to see or correct the personal information we hold about you. Contact our privacy officer, Ben Kearney, at thecraftymoustache.nz@gmail.com. If you are not happy with our response, you may complain to the Office of the Privacy Commissioner.

17.2 File retention.

(a) We keep customer-supplied files, working files and production files for quoting, file checking, design, production, quality control, queries and complaints, and repeat orders.

(b) Unless we agree otherwise, we keep them for 12 months after the job is completed. For repeat customers, we may keep them for up to 12 months after the customer's most recent purchase.

(c) Revised files may replace older working versions. We may keep relevant versions where needed to record the work we did.

(d) After the retention period, we may delete files that are no longer reasonably required.

(e) We keep records we are legally required to keep, such as tax and accounting records, for the legally required period (currently seven years for tax and accounting records). We also keep job records showing what we supplied and to whom, for as long as we need them to deal with product safety issues and complaints.

(f) You may ask us to delete your files earlier. We will do so unless we are required, or have a genuine need, to keep them (see (e) above).

(g) We store files and records with reasonable care and security.

17.3 Photography. Clause 5.8 sets out how we may photograph finished products and use the images, and how you can opt out. We will not publish personal or confidential information that could identify a person, such as names or dates on a personalised item, unless you agree or the law permits it. Where a product shows information like that, we may contact you first.

1. General

18.1 Governing law. These terms and every job are governed by New Zealand law.

18.2 Courts and disputes. The New Zealand courts have non-exclusive jurisdiction over any dispute. Either of us may use the Disputes Tribunal where it has jurisdiction. This does not stop you from using any other dispute resolution service or forum available to you.

18.3 Entire agreement. The accepted quote, any approved proof or production file, any written agreement specific to the job, and these terms are the whole agreement for a job. They replace earlier discussions about it. This clause does not exclude anything we told you in the quote or in writing about the job, or any liability for misleading statements, and operates only to the extent it is fair and reasonable (Contract and Commercial Law Act 2017, section 50).

18.4 Which version of these terms applies.

The version that applies to your job is the version in force when you accepted the quote (clause 2.5).

We may update these terms from time to time. Updated terms apply only to quotes accepted after the update, including repeat orders.

We will not change the terms that apply to an accepted job without your written agreement.

The current version, with its date, is published at [TERMS URL].

18.5 Changes to a job. A change to an accepted job must be confirmed in writing (email is enough) by both of us. Clause 9.1 applies to the price and timing of a change.

18.6 Severability. If any part of these terms is found to be invalid or unenforceable, the rest continues to apply. Where we can, we will read the affected part so that it is valid and as close to its original meaning as the law allows.

18.7 Assignment and subcontractors. You may not transfer your rights or obligations under a job without our written consent. We may transfer our rights and obligations to someone who takes over our business, provided your rights under these terms and New Zealand law are not reduced. We may use subcontractors (such as couriers) for parts of a job, and we remain responsible for the job.

18.8 Notices. Notices under these terms may be given by email. We will send them to the email address you gave us and you will send them to thecraftymoustache.nz@gmail.com. An email is treated as received on the next working day after it is sent, unless the sender receives a delivery failure message. Notices by post are treated as received five working days after posting.

18.9 Waiver. If one of us does not enforce a right straight away, that does not mean we give it up.

18.10 Third parties. No one other than you and TCM can enforce these terms.

18.11 Version. These terms are version 1, effective 7/10/26.