Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then:
- If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products.
- In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit the purchaser’s rights under the Act
Prices
Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD). Any currency conversion will take place online at the rate applicable at the time of purchase.
Taxes and other charges
All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.
Overseas orders
Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to buyers order.
Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
The seller may vary any prices on the seller’s website at any time and without notice to the buyer.
Availability and Cancellation
Availability:
All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
Cancellation of orders:
Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
The seller may cancel the buyer’s order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
Delivery
Once the seller has confirmed acceptance of the buyer’s order, the seller will endeavour to dispatch the buyer’s order within 3 business days unless a different timeframe is specified in relation to a particular product. If the seller is unable to dispatch the buyer’s order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date.
The seller reserves the right to dispatch the buyer’s order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment is confirmed.
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.
The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions.
New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost. Shortages, Damages or Loss in Transit Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim.
All orders delivered within New Zealand are insured against damage or loss during transit up to the value of NZ$1500. All orders delivered using the New Zealand Post International Air service are insured against loss or damage up to the value of NZ$250, and the buyer can optionally purchase additional insurance cover up to the value of NZ$1500. The seller will not accept any liability for loss or damage in transit that exceeds the value of the loss or damage insurance applying to that delivery.
Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
- Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
- Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
- Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
- No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.
