1. GENERAL

 

1.1 This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of that place.

1.2 Your use of the Site, including your order of Products through the Site, is governed by these "terms and conditions".

 

1.3 Your use of the site constitutes an agreement by you to be bound by, and comply with these "terms and conditions".

 

1.4 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.

 

2. PLACING ORDERS

 

2.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.

 

2.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

 

2.3 You may be asked to provide additional details or we may require you to confirm your details to enable us to process any orders placed through the Site.

 

2.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.

 

3. CURRENCY

 

3.1 All product pricing, delivery charges and any other applicable charges (Fees, see section 10) on this site will be in New Zealand Dollars (NZD).

 

3.2 Only payments in New Zealand Dollars (NZD) will be accepted by this site. All international bank or money transfer fees and currency conversions are expressly your concern.

 

4. ORDER ACCEPTANCE

 

4.1 Your order placement does not guarantee or constitute an automatic order acceptance. Under certain circumstances we may be unable to process your requested order. This may happen if a requested Product is not available or if there is an error in the price or the product description posted on the Site.

 

4.2 For each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:

• supply the Products in that order to you in accordance with these terms and conditions; and
• provide you with an email confirmation of that order.

4.3 If an order placed through the Site is unable to be processed, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

 

5. DELIVERY

 

5.1 We will only deliver Products ordered through the Site to a location where we provide delivery services.

 

5.2 The Delivery Fee for your order depends on the type of Product you order and is calculated on either it's size or weight or both. You will be advised of the delivery fee during the checkout process, or if automatic delivery fees cannot be calculated by the site you will be contacted by customer services via e-mail.

 

5.3 For "ex stock" items, we will process & ship your order within two working days of it's placement. For products that are manufactured and/or made to order the order processing time will be dependent on the products production lead time. Refer to section 6 for information on "Product lead times and Backordered products"

 

5.4 Courier and Postal options are shown at the checkout along with their approximate delivery times. To get your actual total approximate delivery time you need to add the order processing time as per 5.3. Please note all delivery times are calculated in working days only (Monday-Friday). No processing or delivery will occur on weekends.

 

5.5 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.

 

5.6 We may require the person accepting the delivery of your order to provide us with proof of that person's identity (including photographic identification). If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.

 

5.7 If there is no one or no appropriate person at the Delivery Address to receive the order at the time of delivery then we will not deliver the Products you have ordered. If this occurs then we will endeavour to contact you or you may contact us to arrange for delivery at a different time. Additional Delivery Fees may be charged for that replacement delivery.

 

5.8 You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order.

 

6. PRODUCT LEAD TIMES & BACKORDERED PRODUCTS

 

6.1 If we find that a particular Product in your order is out of stock, then we will use reasonable endeavours for 30 days to order the relevant Product ("Back Ordered Products"). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.

 

6.2 Some Products have a manufacturing lead time which can delay the delivery of your total order. These delivery lead times if over 48 hours will either be listed in the products description or you'll be notified of the estimated delivery by e-mail.

 

8. TITLE

 

8.1 Title to the Products passes to you on the date and time of delivery to the Delivery Address.

 

9. ORDER CANCELLATION

 

9.1 We may cancel any order or any part of an order (including any orders that we have accepted) at any time without liability if:

• the Products in that order are not available; or
• there is an error in the price or the product description posted on the Site for the Product in that order; or
• that we reasonably believe your order has been placed in breach of these terms and conditions.

9.2 If an order cancellation occurs then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

 

9.3 You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with the returns section of these terms and conditions.

 

10. FEES

 

10.1 We will charge you, and you agree to pay, the purchase price of each Product that is ordered, if delivered, the delivery fee for your order and any other relevant fees and charges set out in these terms and conditions.

 

10.2 All fees, charges and Product prices identified in these terms and conditions include GST where applicable.

 

10.3 The purchase price of each Product is shown on the Site at the time you place your order. The purchase price of a Product on the Site may be subject to change at any time without notice.

 

10.5 If your order is Cancelled by us or you Cancel your order then we will refund any amounts paid by you for that cancelled order. We will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery. We cannot accept an order cancellation request if items on that order are made to order and the manufacturing process has been started.

 

11. PAYMENT METHODS

 

11.1 You may pay the fees and charges for an accepted order using the following payment methods:

• the following credit cards:
  • Visa;
  • MasterCard;
• PayPal

11.2 If we are unable to successfully process your credit card payment for your order, then we may cancel your order.

 

11.3 If we have previously agreed that you are a business customer that may obtain Products from us on a deferred account basis, then we will invoice you the fees and charges for the Products you have ordered via the appropriate method according to your account type. You must pay us the fees and charges in accordance with terms and conditions of your trading account.

 

11.4 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.

 

11.5 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

 

11.6 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.

 

12. RETURNS

 

12.1 You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Customer Service. If you notice damage to a Product after delivery, you should notify us within 14 days of delivery. If so, you may return the product to us in accordance with this clause.

 

12.2 If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may return that Product in accordance with our Returns Policy.

 

12.3 Our Returns Policy is incorporated into these terms and conditions. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.

 

12.4 We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.

 

13. LIABILITY

 

13.1 Subject to clause 13.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.

 

13.2 Subject to clause 13.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.

 

13.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):

• in the case of goods: the replacement of the goods, the supply of equivalent goods or the repair of the goods.

13.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

 

13.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

 

14. SUSPENSION OR TERMINATION OF SITE ACCESS

 

14.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:

• the breach cannot be remedied; or
• you fail to the remedy the breach within 10 days of our notice to you of that breach; or
• if there is an emergency.

14.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

 

15. CHANGES TO TERMS AND CONDITIONS

 

15.1 For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.

 

15.2 We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.

 

16. PRIVACY

 

16.1 We respect your privacy. We collect, hold, use and disclose your personal information only in accordance with the Privacy Act 1993.

 

16.2 We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:

• for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
• with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
• for other purposes to which you consent to (either express or inferred consent).

16.3 You may access your personal information, by logging into your registered account or by contacting us.