SUPERBUYS.CO.NZ – TERMS OF TRADE
- All contracts between you and SuperBuys.co.nz (we, us) will be on these terms, except to the extent that they are expressly varied or waived in writing by us. These terms may be varied at any time by us by posting a new copy on our website. Your use of our website and/or ordering of any goods from us will be deemed to be acceptance and agreement of the then current terms on our website.
- These terms constitute the entire agreement between you and us in relation to any ordered goods.
- A contract between you and us is created each time an order from you is accepted by us and an email confirming your order [and receipt of payment] is sent to your nominated email address. Orders are subject to availability of stock and orders are accepted at our discretion.
- Once you place an order that order cannot be varied, cancelled or withdrawn.
- Prices may be varied at any time prior to you placing your order. All pricing shown online are estimates and will be confirmed via quote.
- All prices are listed in New Zealand dollars and exclude goods and services tax, freight and insurance. Freight will be added to your confirmed order for payment.
- You are liable for all freight and insurance costs of goods supplied.
- You must pay all customs duties, goods and services tax, sales tax or other taxes, duties and levies chargeable on the supply of goods to you.
PAYMENT AND DELIVERY
- Payment is required by direct credit to confirm the order.
- Goods will not be delivered until payment is received in full.
- The risk in all goods will pass to you on the dispatch of the goods to your nominated delivery address.
- Delivery of goods may be delayed by freight or Customs authorities.
- Title to, and property in, any goods supplied to you will not pass until payment of the purchase price is received in full. For the purposes of the Personal Property Securities Act 1999, this clause is intended to create a security interest to secure your obligation to pay the purchase price.
- Goods that are found to be defective can be returned with 10 days of receiving these. Otherwise, all sales are final.
- All content on our website including any trademarks and copyright are owned by or licensed to us and you must not use the website or any content except in accordance with these terms and you must not reproduce, duplicate or copy our website or any of its content. You may not create a link to our website from another website without our prior written consent.
- We reserve the right to restrict access to areas of our website at our discretion. If we provide you with a user ID and password to access restricted areas of our website or certain content or services, you must ensure the user ID and password are kept confidential.
- We may disable your user ID and password in our sole discretion without notice or explanation.
- You must not use our website in any way that causes, or may cause, damage to the website or restrict the availability or accessibility of the website, or in any way which is unlawful, illegal or harmful, or in connection with any unlawful, illegal, or harmful purpose or activity.
BREACHES OF THESE TERMS
- Without prejudice to our other rights under these terms, if you breach these terms we may take such action as we deem appropriate including repossessing the goods and/or charging a restocking fee.
- You must indemnify and keep us indemnified against all obligations and liabilities incurred by us due to your breach of these terms.
- Our website may be inactive at various times for maintenance or other reasons and we do not warrant that the website will always be operational or error-free.
- To the fullest extent legally permitted, we exclude all warranties and representations in relation to the supply of goods to you except as expressly set out in these terms.
- You acknowledge that the goods are acquired by you for business purposes and that the provisions of the Consumer Guarantees Act 1993 are excluded.
- We will use our best endeavours to meet any deadlines requested by you but we will not be liable for any failure to meet such deadlines.
- We will not be liable (whether in contract, tort or otherwise) for any damage, loss or expense whatsoever (including loss of profits any consequential or indirect loss or special damage) which in any way relates to or arises from or in relation to the supply of goods to you.
- Our liability arising from or in relation to the supply of any goods pursuant to these terms will not exceed the amount paid by you for such goods.
- We will not be liable for any loss or damage caused from use of our website or any website linked to our website.
- We will not be liable for a breach of any of these terms, if, and to the extent that, the breach arises due to a reason beyond our reasonable control such as fires, strikes, lock-outs or natural disasters.
- If any of these terms is held to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions are not affected.
- You may not transfer or assign any of your rights under these terms without our prior written consent.
- The laws of New Zealand will apply to these terms. If goods are supplied to a Customer outside of New Zealand the laws of New Zealand still apply except that references to legislation shall be interpreted as references to the equivalent legislation in the local jurisdiction.