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| Home >> Customer Service >> Terms of Trade | ||
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Scope
This website and the information on it constitute an invitation to treat and not an offer to supply products. When you order products from us, this constitutes an offer from you to buy those products in accordance with these terms of trade. Only when we have accepted your order by notifying you in accordance with clause 2.3 shall a contract be formed between you and us. Order Process You may order products from us by completing and submitting the order form on this website. You must provide all required information (including your name, email address, and payment details) or we might not be able to process your order. Our discretion in rejecting or accepting orders No order shall be deemed accepted by us until we have sent you an order confirmation. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the details of your order within 3 days of receiving your order. If you do not receive our notification within five days of placing your order, please contact us at info@needagift.co.nz We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.
The price payable by you for products ordered by you shall be the price quoted on this website at the time your order is submitted, together with the applicable delivery charges (which are payable in addition to the price of the products). We may vary any prices on this website at any time and without notice to you. Currency 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). 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 12.5%. 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 your order. You shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to your order.
You can pay for your orders by credit card or by direct debit. You agree to pay for your orders by authorising us to charge your credit card account, or by making payment by direct debit, for the total price of the products ordered and the applicable delivery charges. Problems with payments If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. Debt collection costs You will be liable for all debt collection costs where you fail to make payment for any order.
All orders are subject to the availability of products. If for any reason a product is not available, we will endeavour to notify the non-availability on this website. We may revise the range of products or the specification of any product at any time and without notice to you. Cancellation of orders Although we have endeavoured to ensure that the product and pricing information provided on this website is accurate, complete, and current, we do not provide any representations or warranties as to its accuracy, completeness or currency of information, and we shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website. Where products are listed on this website with an incorrect price or with incorrect information, we reserve the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order. You may cancel your order any time prior to our order confirmation. Once we have confirmed your order, you are not able to cancel that order. Ownership and risk
We retain ownership of and title in the products we supply to you until we have received the full price for the products and the applicable delivery charges. Personal Property Securities Act 1999 Until full payment has been received for your order, you acknowledge and agree that: these terms of trade constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and a security interest is taken in all products previously supplied by us to you (if any) and all goods that will be supplied in the future by us to you (if any). You undertake to: sign any further documents and provide any further information which we may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; indemnify us for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby; not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent; give us not less than 14 days' prior written notice of any proposed change in your name or any of your contact details, and you waive your right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), you assume full responsibility for and risk in the products.
You may, within 7 days of your order being delivered, return any product delivered under that order which is damaged or defective at the time of delivery or which is not the product you ordered. We will provide a replacement, credit, or refund for that product upon receipt of the returned goods, provided that they are returned in the original condition in which they were sent to you. Return requirements When returning a product, you must: return the product in its original condition and packaging, addressing it to: Need a Gift Limited 21 Mountain View Road Western Springs Auckland New Zealand provide a note explaining why the product is being returned; confirm the return option you prefer (replacement, credit, or refund). If you require a refund, you may need to provide us with your credit card or bank account details so that we can process your refund. Responsibility for returned products Returned products are your responsibility until they reach us. We shall not be responsible for misdirected shipments or products lost or damaged in transit. Colour variations Although we endeavour to accurately display and describe the colours of our products on this website, we do not guarantee the colour of any product delivered to you will exactly match the colour of any image of that product on this website. You may not return a product to us because there is a variation in colour between the product delivered to you and the images of that product on this website. Returns due to "change of mind" and exchanges You may not return any product because you have changed your mind about that product. Exchanges are not permitted.
To the maximum extent permitted by law, we disclaim all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to you by us including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose. If you are acquiring products from us for the purposes of a business, then the guarantees and remedies provided under the Consumer Guarantees Act 1993 shall not apply to the supply of those products. Limitation To the maximum extent permitted by law, our liability to you (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to you by us shall be limited to the price paid by you for that product. Exclusion To the maximum extent permitted by law, we will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with your access to, use of, or reliance upon, any product or any information supplied to you by us.
We reserve the right to change these terms of trade from time to time by publishing the changed terms on our website. When revised terms of trade are published on this website, all orders submitted by you after the revised terms of trade are published shall be subject to the revised terms of trade. Severability If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect. Compliance with laws You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from us. Force majeure We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control. Governing law These terms of trade (and any contracts to which these terms of trade apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of trade (and any contracts to which these terms of trade apply). You submit to the jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to these terms of trade (and any contracts to which these terms of trade apply). These terms of trade were last updated on 18 August 2007. |
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| Contact: info@needagift.co.nz | Need A Gift Ltd | New Zealand |
| © Need A Gift 2007 |