TERMS AND CONDITIONS

Terms and Conditions

1. Definitions:

“buyer” means the person purchasing the goods

“seller” means the person named on the invoice as seller and its successors and assigns

“goods” means the products described in any one or more of the relevant documents, such as invoice, delivery docket or other documents deemed to be assented.

“third party” includes any agent or contractors of the seller, and any person engaged by the seller in creation, provision or maintenance of the website or in the fulfilment of orders made through the website.

“order” means an offer made by the buyer in response to an invitation to treat made by the seller on the website.

 

2. Contract of Sale of Goods
   • A contract of sale of goods (“Contract”) is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a price, made either by writing and/or orally, or by implication from the conduct of the parties.

 

3. Price
   • The prices for the products will be confirmed in writing at point of sale, any errors in pricing will be advised as soon as possible to buyer.
   • Product prices on a quotation is valid for five days and are subject to change without notice, unless otherwise advised.
   • Any erroneous prices displaying $0.00 are deemed to be system error and will not be honoured.
   • All prices that are displayed are in New Zealand Dollars and including GST.

 

4. Product Availability
   • Due to low quantity in some products, the seller does not guarantee the availability of the order on the website. However, the seller will undertake full exertion to advise the buyer of the circumstance.
   • Any money paid towards an unfulfilled order will be credited back to the buyer as soon as possible.

 

5. Conditions and Warranties
   • The terms and conditions shall be deemed to be incorporated in the Contract between the seller and the buyer. The goods come with stipulations that cannot be excluded under the Consumer Guarantees Act (“CGA”).

 

6. Transfer of Title and Risk between Buyer and Seller
   • The title in the goods is transferred to the buyer on full payment of the purchase price. The seller shall retain the title and a security interest in the goods under the Personal Property and Security Act where the payment of purchase price is pending.
   • The goods remain at the seller’s risk until the title in the goods is transferred to the buyer, but when the title in the goods is transferred to the buyer, the goods are at the buyer’s risk.

 

7. Supply and Delivery
   • Unless otherwise agreed, the seller undertakes to sell and supply the products to the buyer as shown in the contract.
   • The products may not be available for immediate delivery but the seller will endeavour to deliver to the nominated address within a reasonable timeframe. Delivery times may be greater in regional and remote areas.
   • The seller will make reasonable effort to inform the buyer of any delay once the seller is notified.
   • The seller shall not be liable for any damage or loss for the delay and an inability to provide notice of delay for the buyer’s goods that is beyond the reasonable control of the seller.
   • The seller must be notified of any damage or missing items as soon as the goods are delivered.
   • Any transit damage must be brought to the carrier’s attention and noted on their delivery docket.

 

8. Terms of Payment
   • The buyer is required to make all payments in full. The out of store delivery will not take place unless and until full payment is made.
   • If there is any problem with your payment, the seller will contact the buyer to make alternative payment arrangements.
   • Any cheque, trade-in, bill of exchange or other negotiable instrument given by the buyer under the contract will only be considered a payment until that instrument has been actually paid or honoured.
   • The buyer will be liable for all debt collection costs where the buyer fails to make payment for any order when payment is due.

 

9. Damaged Products and Acceptable Quality
   • If any product ordered by the buyer arrives damaged or is not of acceptable quality, the buyer may have: (a) legal rights and remedies under the CGA; or (b) the right to have the product repaired or replaced or to receive a refund of the price paid by the buyer for the product.
   • Please refer to our Returns Policy for more information.

 

10. Cancellation
    • Any order once accepted by the seller may not be cancelled or varied by the buyer.
    • With the discretion of management, if a sale is cancelled this will incur a re-stocking cancellation fee of 15% of the total purchase price.

 

11. Privacy and Personal Information
    • The seller or its third parties may collect the buyer’s personal information directly from the buyer when the buyer registers as a member of the website, when the buyer places an order, or when the buyer contacts one of the personnel. Personal information may include the buyer’s name, residential or postal address, telephone number and email address.
    • The seller and its employees, agents and its third parties may use the buyer’s personal information for the purposes for which the buyer gives it to any of them and for their own internal purposes. The buyer agrees that the seller and any of their third parties may use the email address to send messages concerning the membership account, any orders placed and information about the products sold via the website that the seller considers may be of interest to the buyer.

 

12. Consumer Guarantees
    • The provisions of the Contract and Commercial Law Act and the consumer guarantees conditions does not apply if the buyer purchases or indicates that the goods are for any use other than personal or household use.
    • The seller does not give or make any undertaking, assertion or representation in relation to the goods without the prior written approval of the manufacturer.
    • The seller and the manufacturer shall not be liable for any loss of profits, goodwill, opportunity, anticipated savings or any consequential, indirect or special loss or damage.

 

13. Force Majeure
    • In addition to clause 7, the seller will not be liable for any errors or delay in performing any of the obligations if such errors or delay is caused by circumstances beyond the sellers reasonable control, including but not limited to, a failure of or interruption relating to the internet, electricity supply, bank payment systems or freight or deliveries.

 

14. Disclaimer
    • To the extent permitted by law, the seller excludes all liability to the buyer or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(a) errors, mistakes or inaccuracies on the website;

(b) the seller acting, or failing to act, on any information contained on or referred to on the website or any linked website;

(c) personal injury or property damage of any kind resulting from the sellers access or use of the website;

(d) any unauthorised access to or use of the websites secure servers;

(e) any interruption or cessation of transmission to or from the website;

(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; or

(g) the quality or fitness for any purpose of any product or any linked sites.

• Except as expressly provided in these terms, and to the fullest extent allowed by the law, the seller and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.