TERMS AND CONDITIONS
In
these terms:-
"Goods" means any product supplied by
Great New Zealand Gifts and the subject of the order made by You.
"You" and "Your" means the person ordering
Goods from Great New Zealand Gifts. "Great New Zealand Gifts"
or "We" or "Us" or "Our" means Great
New Zealand Gifts, 61 Victoria Avenue, Wanganui, New Zealand.
1.
OUR CONTRACT
1.1 Our site invites You to buy Goods from
Us. A legally binding contract with You will only arise once Great
New Zealand Gifts has received payment for the Goods in full from
You and has notified You of acceptance of Your order by e-mail to
the e-mail address given by You in the order form.
1.2 Where a
no price has been entered by You in the order form on our web-site
or where an incorrect (understated) price has been entered,
payment will only be processed once Great New Zealand Gifts have
confirmed and agreed a price with You either verbally or by
e-mail.
2. PRICE
2.1 The price for any Goods
ordered by You will be the price shown on the invoice which will
accompany your goods. This price will include all taxes applicable
from time to time and these will be detailed on the receipt.
2.2 The billing price will be in New Zealand Dollars. Other
currencies shown are indicative only.
2.3 The delivery charge
is shown against Your order before You confirm the purchase.
2.4
Subject to clause 4 - we will debit the price from Your debit or
credit card when We, on receiving your order or as soon reasonably
practicable thereafter, order the Goods for You. If more than one
item is ordered We may deliver the Goods in instalments but if We
do, We will not charge more than one delivery fee.
3.
NO-OBLIGATION GUARANTEE
3.1 At any time between placing
Your order and Great New Zealand Gifts notifying You of acceptance
of Your order You can change Your mind about purchasing the Goods
and change or withdraw Your order. There is no charge for doing
this. To change or withdraw Your order simply notify Great New
Zealand Gifts by email. If You withdraw Your order under this
clause 3.1 We will reimburse any sums received from You in respect
of that order within 30 days of Our receiving notification of
withdrawal by re-crediting Your credit card. Once Goods have been
despatched You are responsible for return delivery.
4.
STOCK SHORTAGES
If the Goods You order are unavailable
Great New Zealand Gifts will notify You as soon as possible and
advise the likely delay, and may suggest a suitable replacement.
5. DELIVERING YOUR GOODS
5.1 Great New Zealand
Gifts will deliver Your goods to the address You have provided on
the order form for delivery as soon as possible after Your order
is accepted and in any event within 30 days of the day after Your
order was placed unless a later date is agreed with You. We
normally aim to despatch Goods within 5 working days of acceptance
of Your Order.
5.2 Ownership of, and risk in, the Goods will
pass to You once they have been delivered to You. If You return
the Goods under clause 6, ownership of, and risk in the Goods
returned will pass to Us on receipt of them by Us.
6.
DEFECTIVE GOODS
6.1 If Your Goods are defective on
delivery You are entitled to return them to Us provided You have
first contacted Us through the telephone number or e-mail address
shown on Our web-site, or in writing at the address set out on Our
web-site, giving Us details of the defects, but only if We have
agreed that the Goods should be returned to Us. If it appears that
the Goods are defective We will promptly:-
6.1.1 either replace
or repair the Goods and return the repaired or replaced goods to
You, free of charge; or
6.1.2 if the Goods are defective on
delivery, and You so request, arrange for a full refund of the
price and delivery charge of the defective Goods by crediting Your
credit card within 30 days of receipt of the defective Goods.
Provided that the Goods have not been modified or subject to
mis-use or negligence. Please contact Us as described above for
guidance on how to pack Your Goods to return them.
6.2 Except
where You are a consumer, Great New Zealand Gifts will not be
liable for any indirect or consequential loss or damage or loss of
profits arising out of Our supply or failure to supply the Goods
to You.
6.3 The rights You have in paragraphs 6.1 and 6.2
above do not in any way seek to limit the liability of Great New
Zealand Gifts for death or personal injury resulting from the
negligence of Great New Zealand Gifts and they do not limit any
statutory rights You have as a consumer.
6.4 Except where You
are acting as a consumer all other warranties, conditions and
terms relating to fitness for purpose, satisfactory quality or
conditions of the Goods whether implied by statute or common law
or otherwise are excluded to fullest extent of the law.
7.
USE OF CARDS
By placing an order You authorise Great
New Zealand Gifts at its discretion to carry out a credit
reference or other enquiry upon Your financial status as Great New
Zealand Gifts thinks fit and You agree to provide such written
authorisations which may be required for the purposes of such
enquiry. In the absence of such authorisation We will be unable to
process Your order.
8. REPRESENTATIONS
No
statement, description, or recommendation contained in any
catalogue, price list, advertisement, communication, the pages of
this web-site or by any employee or agent of Great New Zealand
Gifts shall be interpreted so as to enlarge, vary or override in
any way any of these terms and conditions.
9. GOVERNING
LAW
This contract is subject to New Zealand law and the
exclusive jurisdiction of the New Zealand courts.
Legal
Disclaimer
With respect to the information contained on
this web site Great New Zealand Gifts expressly excludes any
representation or warranty (express or implied) to the fullest
extent possible. Great New Zealand Gifts makes no representations
about the materials in this site or any sites linked to this site.
You agree to accept the application of New Zealand law to govern
matters between Great New Zealand Gifts and yourself.