As our business is located in Auckland, New Zealand, this website and these Terms and Conditions are governed by, and will be interpreted in accordance with, the laws of New Zealand. Any disputes between us are subject to the jurisdiction of the New Zealand courts. To the fullest extent permitted by law, we accept no responsibility for the compliance of the information on the website or the supply or non-supply of the Products with the laws of any other country.
Prices shown on our online store are in New Zealand dollars and include GST unless otherwise stated and will be billed in New Zealand dollars ($NZ). We may change the price of products the products available on our website or otherwise quoted, and any other information on our website at any time without notice.
Nothing in these Terms and Conditions affects any rights you have as a “consumer” under the New Zealand Consumer Guarantees Act (1993). If you are acquiring the Goods for business purposes the New Zealand Consumer Guarantees Act 1993 will not apply. Where you resupply the Goods in trade to a person acquiring them for the purposes of a business, then
i. you must include a term in your contract with that person that the Products are being acquired for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply in respect of those Products, and
ii. you must not make any representation in relation to the performance, quality or application of the Products without our prior written approval; and
iii. you indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions.
The material and information contained in the website is supplied to enable you to make your own determination as to a Good’s suitability for your purposes prior to placing an order. Nothing in the website is to be construed as a recommendation to use any Good.
You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs (including legal fees and costs), damage, expense or injury, whether direct, indirect, special or
consequential, arising directly or indirectly from, or in connection with, your access to, or use of, this website, or the supply or non-supply of Goods. You agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with:
i. the supply or non-supply of the Goods, for any breach of our obligations under these Terms and Conditions, or for any other reason which relates to these Terms and Conditions or the Goods; or
ii. where you purchase electronic or computer Goods, any loss of programs, data or other information stored on any media, any business interruption, or any system recovery and reinstallation of software or other consequential damage; or
iii. where you return Goods to us, or we or our agents agree to repair any Goods, for any loss of programs, data or other information stored on those Goods or any media in those Goods; or
iv. your access to or inability to access the website, including any viruses alleged to have been obtained from the website, any computer error, business interruption, or data loss you allege was caused by the website, your use of or reliance on the website or any of the information or materials available on this website.
If, despite the other provisions of these Terms and Conditions, we are found to be liable to you then, without limiting your obligation to indemnify us in accordance with these Terms and Conditions, our liability for any single event or series of related events is limited to the amount you actually paid for the Goods which gave rise to your claim.
You confirm that these Terms and Conditions are reasonable having regard to the price payable for the Goods and their nature.
By using our site you agree to our terms and conditions. By completing and submitting our electronic order form (or proceeding through the ‘checkout process’) you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.