Conditions of Use
Terms Used
'The seller' refers to Paintballshop.co.nz - A division of EDGE IMPORTS NEW ZEALAND LIMITED.
'The buyer' refers to any legal entity purchasing from the seller.
General
These Conditions of Use shall prevail over any terms contained in any order
or offer made by the buyer or any document used by the buyer (which shall
have no effect).Ordering
Contract formation:
The seller's website, the information on it and any information in emails
constitute an invitation to treat and not an offer to supply products. When
the buyer orders products from the seller, this constitutes an offer from
the buyer to buy those products in accordance with these Conditions of Use.
The sellers acceptance of the buyers order occurs (and the contract is
formed) when the goods are dispatched to the buyer.
Order Process:
The buyer may order products from the seller by completing and submitting
the checkout process on the seller's website. The buyer must provide all
required information (including name, email address, and payment details) or
the seller may not be able to process the buyers order.
The sellers discretion in rejecting orders:
No order shall be deemed accepted by the seller until the seller has sent
the buyers order. The seller reserves the exclusive right to accept or
reject (for any reason whatsoever and in whole or in part) any order
submitted by the buyer. If the seller rejects the buyers order (or part of
the order), any money paid by the buyer in relation to the rejected part of
that order shall be refunded and the seller shall have no further liability
to the buyer in relation to the rejected part of that order.
Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is
subject to the Consumer Guarantees Act 1993 ("the Act") then:
- If the buyer is acquiring products from the seller for the purposes
of a business, then the guarantees and remedies provided under the Act
shall not apply to the supply of those products.
- In the event the purchaser is acquiring the product for purposes
other than that of a business, then these conditions of sale shall be
interpreted subject to the purchaser's rights under the Act, to the
intent that no provisions shall any way limit the purchaser's rights
under the Act
Prices
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).
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%.
Where the buyer and the seller agree to a variation in the quantity of the
goods, the goods shall be priced either at the rate applicable to the
original quantity or the revised quantity at the absolute discretion of the
seller.
The seller may vary any prices on the seller's website at any time and
without notice to the buyer.
Availability and Cancellation
Availability:
All orders are subject to the availability of products. If for any reason a
product is not available, the seller will endeavour to notify the
non-availability on this website. The seller may revise the range of
products or the specification of any product at any time and without notice
to the buyer.
Cancellation of orders:
Where products are listed on the seller's website with an incorrect price or
with incorrect information, the seller reserves the right to cancel the
buyers order (regardless of whether the buyer has made payment for that
order). Where the buyer has already made payment for an order that is
subsequently cancelled by the seller, the seller will refund the amount paid
by the buyer in relation to that order.
The seller may cancel the buyer's order any time prior to our order
confirmation. Any variation, waiver or cancellation of the buyer's order
shall have no effect unless accepted in writing by the seller. Where the
seller accepts cancellation the seller may levy a handling charge of up to
15% of the price.
Delivery
Once the seller has confirmed acceptance of the buyer's order, the seller
will endeavour to dispatch the buyer's order within 3 business days unless a
different timeframe is specified in relation to a particular product. If the
seller is unable to dispatch the buyer's order within the time frame
specified the seller will endeavour to contact the buyer and advise the
buyer of the expected dispatch date.
The seller reserves the right to dispatch the buyer's order in one delivery
or by installments. Failure to deliver any installment shall not entitle the
buyer to repudiate the contract as to any installments already delivered.
The buyer may cancel any undelivered installments up until the installment
is confirmed.
Any quotations of delivery times by the seller are made in good faith but
are estimates and the seller shall not be bound by such quotation and the
seller will not be liable for any loss, expense, or other damage caused by
any delay in delivery.
The buyer may specify delivery instructions for an order (for example, the
buyer may authorise the delivery agent to leave the products in a specified
location if the buyer will not be at the delivery address). The seller will
not be responsible for any order that is delivered in accordance with the
buyers delivery instructions.
Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to
making up the shortages. Where the buyer believes that there is a shortage
in the quantity of products delivered, the buyer must notify the seller of
any such claim within 7 days of delivery and must provide the seller with a
reasonable opportunity to investigate that claim.
All orders delivered within New Zealand are insured against damage or loss
during transit up to the value of NZ$1500. The seller will not
accept any liability for loss or damage in transit that exceeds the value of
the loss or damage insurance applying to that delivery.
Goods leaving the seller's premises are adequately packed. Claims for damage
or loss in transit must be made against the carrier in the prescribed
manner:
- Prior to acknowledging delivery to the carrier the buyer must ensure
that the complete consignment as per the carrier's note has been
received.
- Should there be a shortage or visible damage to outer packaging the
carrier's note must be endorsed accordingly.
- Within 7 days of receipt of consignment the buyer must ensure that
all goods received are in good order and condition.
No damage claims will be considered after 7 days of receipt of goods. While
no liability for goods damaged or lost in transit will be accepted by the
seller details of any claim should be advised to the seller.
Return of Goods for Credit or Refund
Goods supplied in accordance with the buyer's order can only be returned
with the express approval of the seller.
- Requests to return goods must be submitted within 7 days from the
date of shipping and the original invoice number must be quoted.
- Where goods are accepted (for credit or refund at the sellers
discretion) they must be delivered at the buyer's expense into the
seller's store or warehouse in original condition and packaging.
- Returned products are the buyer's responsibility until they reach the
seller. The seller shall not be responsible for misdirected shipments or
products lost or damaged in transit.
- The seller reserves the right to levy a restocking fee against any
returns the seller may agree to accept. Such fees may be up to 25% of
the invoice priced and levied at the seller's absolute discretion.
- Any refunds (at the sellers descretion) will be refunded in the form
of the original payment method used by the buyer.
Liability and Maintenance Guarantee
To the maximum extent permitted by law, the seller disclaims all warranties,
representations, and guarantees (whether, express, implied, or statutory),
with respect to any product or any information supplied to the buyer by the
seller including, but not limited to, warranties of availability, accuracy,
non-infringement, completeness, timeliness, currency, merchantability, or
fitness for a particular purpose.
To the maximum extent permitted by law, the sellers liability to the buyer
(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 the
buyer by the seller shall be limited to the price paid by the buyer for that
product.
To the maximum extent permitted by law, the seller 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 the
buyers access to, use of, or reliance upon, any product or any information
supplied to the buyer by the seller.
In lieu of any warranty, condition, or liability by law, the seller's
liability in respect of any defect in or failure of the goods supplied, or
for any loss, injury, or damage attributable thereto, is limited to making
good the replacement or repair of defects arising under normal proper use
and maintenance arising solely from faulty design, materials, or workmanship
within the guarantee period, if stated, or otherwise within 3 months of the
date of supply, provided always that such defective parts are promptly
returned to the seller, unless otherwise arranged. All o-rings, seals and
other items that are designed to be periodically replaced , are excluded
from any such warranties.
At the termination of the appropriate period (ie guarantee period) all
liability on the seller's part ceases.
The warranty does not cover damage from misuse, accident, negligent,
inappropriate or improper operation, maintenance, installation, modification
or adjustment.
The seller's liability under this contract and the warranty in this clause
is confined to the buyer named in this contract, it being agreed that the
seller has no liability to any purchaser of the goods from the buyer in that
the buyer's rights under the contract are not assignable without the prior
written consent of the seller.
Errors or Ommissions
The seller is entitled at any time to correct all errors and omissions
(whether clerical, computational or otherwise) in any advertising,
quotation, invoice or acknowledgement. Due to the seller's administrative
processes, errors (if any) may be discovered up to 30 days after the goods
have been delivered to the buyer. The seller will notify they buyer promptly
of any error or omission discovered by the seller, and give the buyer the
option of returning the goods for a full refund.
Ownership and Risk
Ownership of all goods sold by the seller ("the goods") is retained by the
seller until until the buyer has received the full price for the products
and the applicable delivery charges. This provision is designed to protect
the seller in the event of the bankruptcy, receivership or liquidation of
the buyer, a seizure of goods by a creditor of the buyer or default in
payment.
Until full payment is made the buyer agrees to:
- Enable the goods to be readily identifiable as the property of the
seller.Maintain the goods so supplied in good order and condition and to
return the goods immediately if called upon to do so by the seller.
- On a sale or other realisation of the goods the buyer shall identify
and separately account for the proceeds of sale.
Personal Property Securities Act 1999
Until full payment has been received for the buyers order, the buyer
acknowledges and agrees that:
- these Conditions of Use 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
the seller to the buyer (if any) and all goods that will be supplied in
the future by the seller to the buyer(if any).
The seller undertakes to:
- Sign any further documents and provide any further information which
the buyer may reasonably require to register a financing statement or
financing change statement on the Personal Property Securities Register;
- Indemnify the seller 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 the seller not less than 14 days' prior written notice of any
proposed change in the buyer's name or any of the buyer's contact
details.
-
Unless otherwise agreed to in writing by the seller, the buyer waives their
right to receive a verification statement in accordance with section 148 of
the Personal Property Securities Act 1999.
Risk
Once the buyers order has been delivered to the buyer (or has otherwise been
delivered in accordance with the buyer's delivery instructions), the buyer
assumes full responsibility for and risk in the products.
Description of Products
Modifications and improvements to the seller's products, prices and data are
constantly being made.
Although the seller has endeavoured to ensure that the product and pricing
information provided on its website is accurate, complete, and current, the
seller does not provide any representations or warranties as to its
accuracy, completeness or currency of information, and the seller shall not
be responsible or liable for any inaccurate, incomplete, or out-of-date
information on this website.
The seller also relies on information from its suppliers and product
manufacturers and therefore the descriptions, illustrations and literature
are not binding on the seller.
If the goods do not match the description on the seller's website, the buyer
should inform the seller immediately so that the seller may take the
appropriate action.
Force Majeure
The seller shall not be liable to the buyer for any loss or damage, directly
or indirectly arising out of or in connection with any delay in delivery of
the goods, or failure to perform any term of this contract where such delay
or failure is is outside the seller's reasonable control.
Compliance
The buyer 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 the seller.
Changes to these Conditions of Use
The seller reserves the right to change these Conditions of Use from time to
time by publishing the changed terms on the seller's website. When revised
Conditions of Use are published on this website, all orders submitted by the
buyer after the revised Conditions of Use are published shall be subject to
the revised Conditions of Use.
Severability
If any provision of these Conditions of Use 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.
Disputes and Governing Law
Any claim or dispute arising hereunder shall be subject to arbitration in
accordance with the Arbitration Act 1996.
These Conditions of Use (and any contracts to which these Conditions of Use
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 Conditions of Use (and any contracts to
which these Conditions of Use apply).