Terms of service

OVERVIEW

Welcome to Bernie the Bath™! The terms "we", "us" and "our" refer to Bernie the Bath™, a trading name of Nyusa Holdings Ltd, New Zealand. We operate this store and website, including all related information, content, features, tools, products and services, to give you, the customer, a curated shopping experience (the "Services"). Bernie the Bath™ is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referred to in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limits on liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are at least 18 years old, or the age of majority where you live, and that you consent to any of your minor dependents using the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or buying any of our products, you may be asked to provide information such as your email address and your billing, payment and shipping details. You confirm that all the information you give us is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for keeping your account details secure and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

SECTION 2 - OUR PRODUCTS

We have made every effort to show our products accurately in our online store. However, colours and product appearance may look different on your screen because of your device and its settings.

We do not promise that the appearance or quality of any product you buy will be exactly as shown or rendered in our online store.

Product descriptions may change at any time without notice. We may discontinue any product at any time and may limit the quantities of any product we offer to any person, region or country, on a case-by-case basis.

SECTION 3 - ORDERS AND PRE-ORDERS

When you place an order, you are making an offer to buy. We may accept or decline your order for any reason. Your order is not accepted until we confirm it, and we must receive and process your payment before we accept it. Please check your order carefully before you submit it, because we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change or cancel an order, we will try to let you know using the email, billing address or phone number you gave us when you ordered.

Some or all of our products may be available to pre-order. A pre-order is an order for a product that is not yet ready to send. The expected shipping date is shown on the product page and in your order confirmation. It is an estimate, not a guarantee, and if it changes we will let you know by email. You pay when you place a pre-order.

Returns and exchanges are handled only in line with our Refund Policy.

You confirm that your purchases are for your own personal or household use and not for resale or export.

SECTION 4 - PRICES AND BILLING

Our prices are set in New Zealand dollars (NZD) and include GST where it applies. Where available, prices are shown in your local currency, converted at the current exchange rate, and the amount you pay may vary slightly. Posted prices do not include shipping, handling, customs or import charges.

SECTION 5 - SHIPPING AND DELIVERY

Shipping rates and details are set out in our Shipping Policy. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. Once we hand your order to the carrier, ownership and risk of loss pass to you. This section does not limit your rights under the Consumer Guarantees Act 1993.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, illustrations, graphics, characters, stories, video and audio, and the design, selection and arrangement of them, are owned by Bernie the Bath™ (Nyusa Holdings Ltd), its affiliates or its licensors and are protected by New Zealand and international copyright, trademark and other intellectual property laws.

These Terms let you use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our written consent. Except as expressly stated here, nothing in these Terms gives you any licence or right under any patent, trademark, copyright or other intellectual property of Bernie the Bath™, Shopify or any third party. Unauthorised use of the Services may break intellectual property laws. All rights not expressly granted are reserved by Bernie the Bath™.

The names, logos, product names, designs and slogans of Bernie the Bath™ are trademarks of Bernie the Bath™ or its affiliates or licensors. You must not use them without our written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may give you access to tools offered by third parties as part of the Services. We do not monitor or control them.

You acknowledge and agree that we provide access to those tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We are not liable for anything arising from or relating to your use of optional third-party tools.

You use any optional tools entirely at your own risk and discretion, and should make sure you are familiar with, and approve of, the terms on which the relevant third party provides them.

We may also offer new features through the Services in future (including new tools and resources). Any new features will also be part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain material and links to websites provided or operated by third parties, including embedded third-party features. We are not responsible for checking or evaluating the content or accuracy of any third-party material or website you choose to visit. If you leave the Services to visit third-party sites, you do so at your own risk.

We are not liable for any harm or damage related to your use of any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please read the third party's policies and practices carefully before you do anything on their site. Complaints, claims, concerns or questions about third-party products and services should go to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Bernie the Bath™ is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Bernie the Bath™. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Bernie the Bath™, including any injury, damage or loss resulting from products and services you buy. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Bernie the Bath™.

SECTION 10 - PRIVACY

All personal information we collect through the Services is covered by our Privacy Policy, and some personal information may also be covered by Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them for you. Information you submit to the Services will be sent to and shared with Shopify and with third parties that may be located in countries other than where you live, so that services can be provided to you. Please read our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise send us any ideas, suggestions, feedback, reviews, proposals, plans or other content (together, "Feedback"), you give us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. For example, we may use this licence to operate, provide, evaluate, enhance, improve and promote the Services and to meet our obligations and exercise our rights under these Terms.

You also confirm that: (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentive you received in connection with it; and (iii) it 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 do not have to, monitor, edit or remove Feedback that we decide, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that breaks anyone's intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. Your Feedback must not contain unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and accept no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Sometimes information on or in the Services may contain typing errors, inaccuracies or omissions about product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We may correct any errors, inaccuracies or omissions, and change or update information or cancel orders if any information is wrong, at any time and without notice (including after you have placed your order). If we cancel an order because of an error, we will refund you in full.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to break any international, national or local law, regulation or rule; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any person, including our staff; (e) to send false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to send, or arrange the sending of, any advertising or promotional material, including "junk mail", "chain letters", "spam" or similar solicitation; (h) to impersonate or try to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, in our judgment, may harm Bernie the Bath™, Shopify or users of the Services, or expose them to liability.

You also agree not to: (a) upload or send viruses or any other malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track other people's personal information; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraping, data-gathering or extraction tool, automatic device or process, AI tool (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent the security or authorisation features, robot exclusion headers or other measures we use to restrict access to the Services. We may suspend, disable or terminate your account at any time, without notice, if we decide you have broken any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any of the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can run on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with section 14.4 below. No Agent may access, use or interact with the Services if we have asked the Agent to stay away from any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request comes from an Agent and give the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not hide or disguise that any access, use or interaction is by an Agent, for example by (a) copying human behaviour and interaction patterns, or (b) completing or getting around CAPTCHAs or other measures meant to tell computers from humans; (iii) answer truthfully any question or prompt asking whether the interaction is coming from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may end this agreement or your access to the Services (or any part of them) in our sole discretion at any time without notice, and you remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should continue.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information only. We do not promise that it is accurate, complete or useful. Any reliance you place on it is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on this material by you or any other visitor to the Services, or by anyone who is told about its contents.

EXCEPT AS EXPRESSLY STATED BY BERNIE THE BATH™, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

Nothing in these Terms excludes or limits any right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other New Zealand law that cannot be excluded or limited.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, AND SUBJECT TO THE LAST PARAGRAPH OF SECTION 16, IN NO CASE WILL BERNIE THE BATH™, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS BOUGHT USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bernie the Bath™, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party because of or arising out of (1) your breach of these Terms or the documents they refer to, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim you must indemnify us for, but a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of the claim at your expense, including the choice of lawyer, but will not settle any claim that requires you to do something other than pay money without your consent (not to be unreasonably withheld). You will cooperate in defending claims you must indemnify us for, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, it will still be enforced to the fullest extent permitted by law, and the unenforceable part will be treated as removed from these Terms. This does not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

If we do not exercise or enforce a right or provision of these Terms, that does not waive that right or provision.

These Terms, and any policies or operating rules we post on this site or in respect of the Services, are the entire agreement and understanding between you and us. They govern your use of the Services and replace any earlier or simultaneous agreements, communications and proposals, whether oral or written, between you and us (including any earlier versions of these Terms).

Any ambiguity in these Terms will not be interpreted against the party who drafted them.

SECTION 21 - 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 is void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms, and any separate agreement under which we provide you with Services, are governed by the laws of New Zealand. You and Bernie the Bath™ submit to the non-exclusive jurisdiction of the New Zealand courts.

SECTION 23 - HEADINGS

The headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We may update, change or replace any part of these Terms in our sole discretion by posting the changes on our website. It is your responsibility to check our website from time to time. We will tell you about any material changes as the law requires, and they take effect on the date stated in the notice. If you keep using or accessing the Services after changes are posted, you accept those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms should be sent to blessedlimitless7@gmail.com.

Nyusa Holdings Ltd, trading as Bernie the Bath™

337 Sharp Road, Warkworth, Auckland, New Zealand, 0982

Email: blessedlimitless7@gmail.com