The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods” means any of the Goods we offer for sale on our web site
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will
also confirm details of your purchase and tell you when we shall
despatch your order. That is when our contract is made. It is possible
that the price may have increased from that posted on our web site.
2.4 We may change these terms from time to time. The terms that apply
to you are those posted here on Our Web Site on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are those of the
original manufacturers and you may not rely on their accuracy.
Accordingly, any such description shall not form part of this Agreement.
2.6 If we do not have the Goods you order in stock, we will offer you
alternatives before we despatch your order. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item
2.7 If we owe you money (for this or any other reason), we will credit
your credit or debit card as soon as reasonably practicable but in any
event no later than 30 days from the date of your order.
2.8 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to us will be
borne by us. All other charges relating to payment in a currency other
than pounds Sterling will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide
accurate, up to date, and complete information about yourself. We need
this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of
dissatisfaction by you, provided you contact us within three months of
5.1 Deliveries will be made by Fastway Courier to the address stipulated
in your order. You must ensure that someone is present to accept
5.2 If we are not able to deliver your Goods within 30 days of the date
of your order, we shall notify you by e-mail to arrange another date for
5.3 We may deliver the goods in installments if the goods are not available at the same time for delivery.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods which you are lawfully able
to import and for the payment of import duties and taxes of any kind
levied in your country of residence.
7 Goods returned
Because you are buying the Goods by mail order, you may have a right of
cancellation. If you do (and only if you do), these are the terms which
7.1 You must tell us you wish to cancel within 7 days of your receipt of the Goods;
7.2 In any event, you may not cancel orders for food or other perishable
Goods, nor for handmade, specially commissioned or personalised goods
7.3 The Goods must be returned to us within 21 days of your telling us you wish to cancel
7.3.1 with both goods and all packaging in their original condition
7.3.2 securely wrapped
7.3.3 including our delivery slip;
7.3.4 at your risk and cost.
7.4 After we have received the Goods, we will credit your credit or
debit card with the part/full purchase price of the goods returned no later
than 30 days from the date of receipt;
7.5 If you do not return the Goods to us, you are still liable to us for the cost
7.6 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8.1 We or our Content suppliers may make improvements or changes to Our
Web Site, the Content, or to any of the Goods, at any time and without
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth of any information given on Our Web Site;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our Web Site contains links to other Internet web sites. We have
neither power nor control over any such web site. You acknowledge and
agree that we shall not be liable in any way for the Content of any such
linked web site, nor for any loss or damage arising from your use of
any such web site.
8.5 We are not liable in any circumstances for special, indirect or
consequential loss or any damages whatsoever resulting from loss of use,
loss of data or loss of revenues or profits, whether in an action of
contract, negligence or otherwise, arising out of or in connection with
your use of Our Web Site or the purchase of Goods.
8.6 In any claim against us our liability is limited to the value of the
goods you have purchased in the contract which is the subject of the
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the
Content whether provided by us or by any other Content provider shall
remain the sole property of us and / or the other Content provider. We
will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, display,
or in any way exploit any of the Content, in whole or in part, except as
is expressly permitted in this agreement.
9.3 You may download or copy the Content only for your own personal use,
provided that you maintain all copyright and other notices contained in
such Content. You may not store electronically any significant portion
of any Content.
10 System Security
10.1 You agree that you will not, and will not allow any other person
to, violate or attempt to violate any aspect of the security of the
10.2 You agree that you will in no way modify, reverse engineer,
disassemble, decompile, copy, or cause damage or unintended effect to
any portion of Our Web Site, or any software used on Our Web Site, and
that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many
jurisdictions and that any contravention of law may result in criminal
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain Goods to which you are not entitled.
10.5 You agree to indemnify us against any claim or demand, including
reasonable lawyers’ fees, made by any third party due to or arising out
10.5.1 any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of your computer,
of any intellectual property or other right of any person or entity, or
as a result of any threatening, libellous, obscene, harassing or
offensive material contained in any of your communications.
You agree to indemnify us against any claim or demand, including
reasonable lawyers’ fees, made by any third party due to or arising in
any way out of your use of Our Web Site, or the infringement by you, or
by any other person using your computer, of any intellectual property or
other right of any person.
12 Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is
deemed to be provided free of charge, and not to be associated with any
other service for which a charge is made. Accordingly, there is no
contractual nor other obligation upon us in respect of any such goods.
13 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the Contracts (Privity) Act 1982.
If any of these terms is at any time held by any jurisdiction to be
void, invalid or unenforceable, then it shall be treated as changed or
reduced, only to the extent minimally necessary to bring it within the
laws of that jurisdiction and to prevent it from being void and it shall
be binding in that changed or reduced form. Subject to that, each
provision shall be interpreted as severable and shall not in any way
affect any other of these terms.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder
shall operate as a waiver of any other right or of that same right at a
future time; nor shall any delay in exercise of any power or right be
interpreted as a waiver.
16 Dispute Resolution
In the event of a dispute arising out of or in connection with these
terms or any contract between you and us, then you agree to attempt to
settle the dispute by engaging in good faith with us in a process of
mediation before commencing arbitration or litigation.
17 Force majeure
We are not liable for any breach of our obligations resulting from
causes beyond our reasonable control including strikes of our own
18 Governing Law
This Agreement shall be governed by and construed in accordance with the
law of New Zealand. This agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods,
the application of which is hereby expressly excluded.