Terms Of Service

TERMS OF SERVICE

 

OVERVIEW
This website is operated by The Brick Library. Throughout the site, the terms “we”, “us” and “our” refer to The Brick Library.

Please read these Terms of Service carefully before using the www.thebricklibrary.co.nz, as your access to and use of our service is conditioned on your acceptance of, and compliance with these terms.  These terms apply to all visitors and members of the site, as well as anyone else who might use the site or our services. 

By visiting our site and/or renting/purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Disclaimer:  Lego® is a trademark of the Lego Group of companies which does not sponsor or endorse The Brick Library or its services.  The Brick Library is an independent Lego® rental company in New Zealand, and all sets shown on the site are purchased and owned by The Brick Library, despite some of the information (including product data seen on the site) may be a reference to/from the Lego® website.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to Rent/sell our products and Services to you.

 

ONLINE STORE & MEMBERSHIP

By agreeing to these Terms of Service, you represent that you are at least 18 years of age.   You may not become a member or user of The Brick Library if you are under the age of 18 or are not able to form legally binding contracts. The Brick Library reserves the right to refuse membership to underage users.  If you do not agree with all of the terms of this agreement, do not register, or pay for the service

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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 contact on the website through which the Service is provided, without express written permission by us.

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

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities rented per member/per order. These restrictions may include orders placed by the same member, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate address & payment information as part of your membership & ongoing rentals.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

THIRD-PARTY LINKS

Certain content, products, and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

MEMBERSHIP SIGN-UP

All memberships require a unique email address.  This is deemed the log-in/username for the member to access the membership area and allow full use of our services. 

 

MEMBER RESPONSIBILITIES

You understand that The Brick Library does not in any way screen its members, nor does it attempt to verify the information posted by its members. We make no representations or warranties as to the conduct of Members and their interaction with our LEGO sets.   

In no event shall The Brick Library be liable for any damages whatsoever, whether direct or indirect arising out of the use of the service. You understand that The Brick Library makes no guarantees, either expressed or implied, regarding the LEGO sets you rent through the service. You will not post on the service inaccurate, abusive, offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

We reserve the right, but we have no obligation, to reject any information or photo that does not comply with the prohibitions set forth in this section. The Brick Library reserves the right to refuse service to anyone, at our sole discretion.

 

CODE OF CONDUCT

As a Member of The Brick Library and user of the services, you agree:

  • To return the sets broken down and, in the bags, supplied after you’re finished with them.
  • To return sets on time and in the same condition as received.
  • To return sets in separate bags (if multiple sets were rented at the same time). You should not mix bricks from different sets in the same bag. Please understand that a penalty charge may be applied to my next rental, as this add additional time and labour preparing for the next customer. 
  • To notify The Brick Library of any damage or missing pieces that were damaged or lost during the time you rented the LEGO sets and understand that you could be charged up to the full cost of the sets to replace it.
  • To notify The Brick Library ASAP if you do find any missing parts or pieces during your build, The Brick Library takes all due care and diligence to ensure you have everything you need to have a fun and carefree building experience.
  • To return any additional or extra pieces, a lot of our set will be brand new and only opened to put stickers on before sending directly to you. New sets always contain a few additional “spare” pieces, and we keep these to help replace missing pieces.
  • I will not post or send any content or engage in any conduct that subjects The Brick Library to any threat of civil or criminal penalties.

 

SOCIAL MEDIA

I understand that negative posts via any social media sites that are managed by The Brick Library are subject to removal if internally deemed untrue or inappropriate.

I assume all liability for use of any information I find on The Brick Library website.

I have the authority to enter into this agreement by being at least 18 years of age.

 

LOSS OF PIECES

The Brick Library acknowledges that Lego is small and can sometimes get lost.  A minor loss of common pieces won’t incur an additional charge as we will try our best to replace it with our own brick supplies.  However we ask that you do your best to return all pieces.

Normal loss of common pieces is defined as

  • a loss of less than 10 individual LEGO bricks for sets of 1000 pieces or less; and
  • a loss of less than 20 individual LEGO bricks for sets of 1001 pieces and more

Special pieces (i.e. mini-figures, animals, stickered bricks, or pieces unique to the set) must be returned with the set (in good condition, see section on Damaged Bricks) and are not included within the normal loss of pieces definition. These pieces have an estimated cost of $5.00 or more per unit and are not easily replaced.

In circumstances where special pieces are not returned with the sets and the set is identified as no replacements available based on the status of the sets, the member may be charged the entire cost of the sets based on market value. Members will be notified of any said missing pieces from the previous order to the current email address on-file in advance of a charge being initiated/added to their account.

Instruction books must be returned in the same condition as received.  In the event a customer’s return order does not include instruction books or the instruction books are damage, The Brick Library will charge the customer $15 plus the cost of the replacement instruction book.

The Brick Library reserves the right to turn any outstanding balance after an account has been closed for non-payment or non-return of company assets over to a collection agency.

 

DAMAGED PIECES

Bricks, pieces, minifigures and instruction booklets are easily damaged, and members are expected to treat sets with care and respect.  Please avoid:

  • forcing bricks together that do not easily click together; their sizes may very slightly, making a smooth connection not possible;
  • trying to separate bricks using teeth, tongs, or any other tool/equipment as this can park, scratch, or break bricks. A handy tool for separating stubborn bricks is provided with each set;
  • Leave sets outside in the rain/snow/sun – bricks in high/low temps can become brittle and are prone to cracking, and sun exposure can discolour bricks, especially white bricks;
  • Using marker, stickers, glue, blue-tack or any other marking or sticking substance to decorate, alter or stick brick together.

Accidental damage must be reported.  We may request photos/details of what has occurred. 

Where bricks have been significantly damaged (i.e. bricks with severe scratches, bite marks or gauges, bricks with crayon/pen marks, bricks that have been glued together, cracked, broken or distorted pieces etc.) may incur a replacement cost on the member’s account. 

The charge(s) will vary on the number of, and uniqueness of bricks needing to be replaced.  The cost is set at current market value.  These charges do not represent the purchase of the Lego set by the library user, but the cost to restore the set to its pre-damaged state.

Any outstanding fees for damage or lost items must be paid/cleared before any new sets can be rented, but this will be communicated to the user. 

Any sets rented and returned more than 10% of pieces damaged/missing will incur the market value of the price of the set(s). The charge does not represent a purchase of the damaged/incomplete set by the member, but ownership is retained by The Brick Library as the damaged set is being salvaged and needs to be replenished.

Sets that are returned in good condition are then cleaned and sanitised, ready to be enjoyed by another family.  Members may earn rewards/discounts for taking great care of and returning well organised sets.

 

THE PRODUCT

The Brick Library ensures that each set is sent

  • Freshly cleaned & sanitised; and
  • Checked for completeness, and separated in numbered bags as per the official Lego instructions; and
  • With detailed instructions for constructing the set(s) rented; and
  • A tool for separating stubborn bricks who need extra encouragement; and
  • With return bags for the bricks once completed & ready to return; and
  • ‘Returned Set Bag’ designed for the set you are returning
  • Satchel/box with address label for the return of the set to The Brick Library

 

SHIPPING

All sets are sent via a trusted shipping carrier. The Brick Library does not require signatures or other methods of verifying delivery.  It is the member’s responsibility to ensure that there is a safe and secure place for delivering the ordered sets.

The Brick Library is not responsible for the shipment once it has been delivered to the member’s nominated shipping address. 

Members are responsible for the return of all sets from The Brick Library.  Each delivered set will include a prepaid & addressed return satchel/box for the return of the sets at the end of the rental period.  Please return sets in the supplied box/satchel to The Brick Library.  Contact support on info@thebricklibrary.co.nz for missing return labels/satchels/boxes or if you have issues returning your set(s).

If members use an alternative courier service to return items/sets to The Brick Library, the member/user is responsible for any additional shipping costs as all return boxes/satchels are provided with each set delivery. 

The Brick Library only ships within New Zealand at this time.  Shipping costs are calculated at time of checkout and are dependent on location & size/weight of sets being rented.  We are unable to ship to post/PO boxes.

 

HEALTH AND SAFETY

Bricks and minifigures are small and can become a coking hazard for pets and small children.  We suggest that all Lego sets are kept away from small children, especially under 3 years of age. 

 

HIGH DEMAND & WISHLIST BUILDS

The Brick Library aims to meet demand for sets and have something available for everyone.  We do understand that some sets may be more popular than others and may require additional rental time due to the size of the build.  This can mean sets are rented out for some time before other members are able to rent these.

If there is a specific set that you want to rent and want more information on (i.e. when it will be available again), please contact us.  We are more than happy to work with members to meet their wish list demands and fulfil building dreams. 

 

MEMBERSHIP CANCELLATION

The Brick Library requires the cancellation of your membership (defined as the act of placing your account into a cancelled status via your ‘My Account’ section on the website) AND the return of all hired LEGO sets in order to complete the membership cancellation.  You can also contact our team on info@thebricklibrary.co.nz for help and information. 

Membership will be charged until the service has been officially discontinued (see above).  A membership cannot be cancelled within the first 30 days. Customers who desire only a single shipment can sign up for the One-time Rental. Members must have all set(s) returned within 7 days of membership end date to avoid being charged for their next and any subsequent membership cycles.

 

MEMBERSHIP PRICING

The Brick Library offers 4 types of memberships:

  • Casual Membership at $4.99 per month; or
  • Quarterly Membership at $12.99 per quarter (3-months); or
  • Annual Membership for $49.99 for 12 months

A month (or 2-weeks for our Monthly Memberships) prior to the end of the membership, customer service will contact the member to see if they wish to renew their membership for a further term with us. 

 

REFUND POLICY

Members can cancel their membership with The Brick Library at any time. Visit your My Account page and select “Manage Account” or contact customer service (info@thebricklibrary.co.nz). However refunds will not be given for early membership cancelations, all charges are final. Refund requests will still be reviewed on a case-by-case basis.

If a refund is issued it will require a 5–7-day processing window before they are visible to the member or user.  No refunds will be issued if members have outstanding bills or sets with us.

 

SET RETURN POLICY

In order to provide a high-quality service, with a fast turn-around time for members waiting for sets, it is important that sets are kept separate from one another. 

When pieces from one set are mixed in with pieces from another, neither of those sets are complete and therefore not available to other members.  All set(s) and instruction books are shipped in packaging designed to protect the LEGO pieces and instruction books, and to keep them separate from other sets during shipment.  Sets must be returned in the packaging in which they were shipped in and cannot be returned co-mingled (e.g., with Lego pieces from one set mixed pieces from another set).  Sets returned in a co-mingled condition will be assessed a penalty fee, depending on the size of the sets. 

The Brick Library expects that sets are fully disassembled, and set are returned separately to each other. We do not expect sets to be returned in their numbered bags, but in the provided ‘Returned Set’ bag, supplied with each delivery.

 

PRICE CHANGE POLICY

Set prices and rental prices are subject to change without notice.  This is often based on market conditions, status of the set, condition and/or general availability.  The Brick Library is not obliged to notify members of any price changes.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

PRIVACY & PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy.  The Brick Library does not sell, rent, or exploit the information provided by you for any marketing purposes. The personal information you provide will be stored on secured computers and/or servers. You consent to the use of this information to create a profile of interest in renting LEGO sets, preferences and browsing patterns that will allow you to participate in the Service.  See “Personal Information” for more details

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@thebricklibrary.co.nz.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders/rentals if any information in the service or on any related website 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, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) 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.

In no case shall The Brick Library, 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, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Brick Library and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

 

CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.