Terms & Conditions
Acceptance of terms
These terms and conditions govern all supply of goods and services ("products")
by New World Products to you, including
your use of the website at
www.soakncroak.com . They are effective from 1 April 2014 and will
replace all earlier New World Products (2014) Ltd terms of trade and any conditions contained in any
document used by you and purporting to have contractual effect.
We reserve the
right to change these terms of trade by notice to you. Notice may be given by posting the revised
terms and conditions on our website.
To make a
purchase from our online shop you must be 18 years of age or over.
If you are
purchasing on behalf of another entity such as a company you warrant you have
the authorisation to agree to these terms and conditions on behalf of the
entity.
Availability and supply
All orders are subject to the availability of those products. If for any reason a product is not available,
we will endeavour to notify the non-availability on our online shop.
Delivery and delivery charges
Prices for goods stated on our website are exclusive of any applicable delivery charges unless
stated. A total delivery cost will be provided in the
order summary shown in your online shopping basket.
We will use all
reasonable endeavour to ensure that orders for tangible goods will be
dispatched promptly after an order has been placed.
Pricing
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax
("GST") unless stated to be otherwise but are exclusive of delivery
charges unless otherwise stated. All
prices are correct when published. We
reserve the right to alter prices at any time.
An invoice will
be emailed to you at the email address you supply when you place your order.
You are responsible for ensuring that your contact details are correct.
Payment options
We accept the following credit cards:
Visa and MasterCard.
We also accept direct credit payment. The account details are: 06-0433-0483095-00 (ANZ) Tauranga.
Credit Card Security
New World Products does not store credit card information for any further purpose.
We provide you
with a safe secure payment system processed via Payment Express to ensure high
levels of payment security and are subject to their terms and conditions.
Click here for DPS
terms.
http://www.paymentexpress.com/about/about_paymentexpress/terms_and_conditions.html
Shipping and delivery
Delivery is only to New Zealand addresses. We do
not export our product.
Once
you have made your order we will send you a confirmation email. Please make sure your email address is
correct. If there is a problem with an
email address we will endeavour to telephone you to confirm the order. Delivery
time will be subject to stock availability.
We expect that you will receive the goods within 3-6 days. If you are rural, allow an extra day for the
product to be handed over to your rural contractor to deliver. Please note, courier companies' idea of
rural is different to NZ Post.
Weekend
or Public Holiday orders will be processed on the next working weekday.
If your
order does not arrive within 5 working days please email us or telephone 0800
434 334 for information.
Returns
In the event that the product is received in a damaged condition New World Products
will fully replace the damaged products at no extra cost. Contact us by email or telephone 0800 434 334
to request replacement of damaged goods within seven (7) days of receipt of
delivery.
We do
not have to provide a refund if you have changed your mind about a particular
purchase, so please choose carefully, however if you have reservations about
the usage of any product please don't hesitate to contact us on 0800 434 334
for more information. Should you wish to return a product in exchange for
another you will be responsible for the courier cost back to us however we will
send the exchange product with free delivery.
If the
goods are faulty, we will meet our obligations under the laws in New Zealand
including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, to
provide a remedy.
Return Via Post
Please post
your items along with your invoice to:
New World Products
2/83 Grace Road
Tauranga South 3112
Liability Limitation
Where you acquire or hold yourself out as acquiring goods from us for the purposes of a
business, the provisions of the Consumer Guarantees Act 1993 will not apply.
The conditions, warranties and guarantees set out in the Sale of Goods Act 1908
or otherwise implied by statute or common law will not apply and are excluded
from these terms of trade.
We will always
endeavour to have complete and accurate information on our website but to the
greatest extent permissible by law we assume no responsibility for the
completeness and current accuracy of the information provided on our website.
To the greatest
extent permissible by law, we exclude all liability we may have to you for any
claim except where we have acted in bad faith. This exclusion also applies for
the benefit of every officer, employee, contractor, agent of us and anyone else
we use to perform our duties or provide services under any agreement you have
with us. None of the persons specified above is liable or has to pay you for anything
else in connection with or resulting from anything any of us does or does not
do, or delays in doing, whether or not it is contemplated or authorised by any
agreement you have with us. This exclusion applies whatever you are claiming
for and in whatever way liability might arise. This exclusion does not limit
any inalienable rights you may have under the Consumer Guarantees Act
1993.
Our maximum
liability to you (if any) shall be limited to the value of any faulty products
or services supplied by us and we, our employees, contractors and agents, will
not be liable to you for loss or damage of any kind however that loss or damage
is caused or arises. We have no control over storage or use of our products, no liability for accident or damage is accepted.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our
relationship and continues to apply no matter where you are located at the time
any goods are provided to you by us and irrespective of the location where you
reside
Use of our
website, supply of products by us to you and any other matter arising from
these Terms and Conditions are subject to the laws of New Zealand. The Courts
of New Zealand shall have non-exclusive jurisdiction over all claims or
disputes arising in relation to, out of or in connection with these terms of
trade, or with the use of website or supply of any services.
Where you or any
other person who you act for, or who you permit to act for you supplies
incorrect information for the purchase of a product and we incur cost in any
matter concerning that name then we may recover the costs incurred by us from
you (including legal costs on a solicitor-client basis).
You agree to use our website and products in
accordance with the applicable laws of the country or countries where your
business or organisation is based.
Privacy policy and Confidentiality
If you
have agreed to receiving ongoing communications and at a later date you no longer
wish to receive this information, you will be able to opt out by contacting us through email or by following the unsubscribe
instructions at the bottom of emails sent to you.
Opting out of
receiving the above mentioned messages will not prevent the sending of messages
that specifically relate to your order(s).
We may use
personal information that we collect about you to provide products and services
to you and to administer orders and payments relating to your purchases from
us.
You will need to
permit us to place data files ("cookies") on your computer to enable
you to use some features of some of our websites. Where you choose not to
enable cookies from our Website, some functionality of this Website may not be
available to you.
We may disclose
your personal information as required by law.
Where you have provided information to us on a
confidential basis, we will hold that information in confidence, except as
required by law. We cannot guarantee that our website is secure, and we cannot
be held responsible for a breach of our website security that is beyond our
control.
You can request details of your personal
information that we hold, and ask us to correct it, at any time.
General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which
may be in the form of a notice posted on our website at www.soakncroak.com.
If we fail to
enforce any terms or to exercise our rights under these terms and conditions at
any time, we have not waived those rights.
If any provision
of these terms and conditions is held to be invalid or unenforceable for any
reason, the remaining provisions shall remain in full force and effect and the
parties shall adjust their respective rights and obligations in accordance with
the spirit and intent of the parties as shown by these terms and conditions.
Unless any
provision in this agreement expressly provides otherwise, these terms and
conditions are not intended to confer a benefit on any person or class of
person who is not a party to it.
We may deliver
notices to you by sending them to an email address that you have notified to
us.