Daffodil Enterprises Limited Online Purchase Terms
Daffodil Enterprises Limited (New Zealand company number 243182) (Company) operates an online business for the purchase of goods via its website at www.sunscreen.org.nz (Website). Persons completing an order on the Website (Customer) may purchase selected goods from the Company in accordance with these terms and conditions (Purchase Terms). These Purchase Terms apply to all purchases of goods from the Company.
The Company may change or amend these Purchase Terms at any time other than in respect of an order already received from a Customer. The current version of these Purchase Terms will be available from the Website.
1. Orders and delivery
1.1 Purchasing goods: A Customer may offer to purchase goods via the Website by:
(a) selecting the applicable goods that they would like to purchase (Goods);
(b) completing the required Customer information, including payment details; and
(c) indicating acceptance of these Purchase Terms to purchase Goods from the Company and clicking the ‘Shop Now’ button.
1.2 Delivery by the Company: The Customer will be charged for the costs of delivery of the Goods. The Company will dispatch the Goods to the address provided by the Customer [courier]. The Company may agree to deliver the Goods outside of New Zealand, but is not required to do so. The Company will use reasonable endeavours to dispatch Goods promptly during standard business hours but cannot control the time of delivery by postage or courier service providers. The Customer acknowledges and agrees that any delivery times that are provided are estimates only and, to the extent permitted by law, the Company is not liable for any delays.
1.3 Risk: The Customer will bear all risk of damage or loss to the Goods from the time that the Goods are delivered to the address provided by the Customer.
1.4 Title: Title in Goods will pass to the Customer once the Company has received the total payment of the purchase price from the Customer.
2. Pricing and payment
2.1 Pricing: The price of Goods will be as specified on the Website. The Company may correct pricing errors at any time. Unless otherwise specified by the Company, prices are in New Zealand dollars, and are inclusive of any GST.
3. Cancellations and returns
3.1 Company refusal to accept or cancellation of orders: The Company may, for any reason and without any liability on its part, refuse to accept, or cancel, any order received from the Customer prior to delivery of Goods. If any payment amount is insufficient or any payment is otherwise declined, the Customer’s order will automatically be refused to be accepted unless otherwise notified by the Company. The Company will notify the Customer by e-mail whether the Customer’s order has been accepted by the Company and of any cancellation of an order by the Company.
3.2 Customer cancellation of orders: The Customer may only cancel any order prior to the time that Goods are dispatched by the Company. If the Customer cancels an order before that time, the Company will refund charges paid by the Customer, subject to the deduction of the Company’s reasonable administration fees in processing the cancellation and any prepaid delivery fees or other fees that cannot be recovered by the Company.
3.3 Return of defective Goods: Without limiting clause 4.6, where the Customer receives Goods that are damaged or defective or otherwise do not comply with the description of the Goods provided on the Website at the time of purchase, the Customer may return the Goods to the Company within 30 days of receiving the Goods and the Company will replace the Goods. If the Customer fails to return such Goods within 30 days of their receipt of the Goods (as evidenced by a confirmation of delivery or otherwise), the Customer will be deemed to have accepted the Goods.
3.4 Other returns of Goods: Except as provided in clause 3.3 or 4.6, Goods will not be accepted for return other than where:
(a) the Company or one of its employees or agents has given prior written approval to the return. The Company is not obliged to accept any Goods for return where clause 3.3 or clause 4.6 do not apply (such as where the Customer changes its mind) but may do so at its discretion;
(b) Goods are returned to the Company in a re-saleable condition, in their original packaging; and
(c) the returned Goods are accompanied by an explanation and reason for return, the relevant order invoice or transaction number and the name of the Company’s employee or agent who approved the return.
In the event of an approved return under this clause, the Company may refund the purchase price paid by the Customer, subject to the deduction of the Company’s reasonable administration fees in processing the return and any other fees that cannot be recovered by the Company.
4. Warranties and liability
4.1 Customer warranties and indemnity: The Customer warrants that:
(a) if an individual, the Customer is at least 18 years of age both at the time of placing the purchaser order and entering the Contract;
(b) if a company, body corporate or other legal entity, the Customer has full capacity to enter into the Contract;
(c) all information, including any proof of identification and credit card information, provided by the Customer is true, correct and complete and the Customer is the cardholder or is authorised by the cardholder to make any payment using that credit card; and
The Customer agrees to indemnify and reimburse the Company for all losses and expenses incurred by the Company as a result of the Customer breaching any of the warranties in this clause.
4.2 Statutory guarantees: The Consumer Guarantees Act 1993 provides consumers with certain statutory guarantees. These Purchase Terms do not limit or exclude any rights the Customer has under these guarantees or any other statutory rights that the Company cannot legally exclude or limit (Statutory Guarantees). Where the Statutory Guarantees apply, the exclusions and limitations of the Company’s liability under these Purchase Terms and some other parts of these Purchase Terms may not apply. However, where the Customer is operating in trade, it acknowledges and agrees that the Company is operating in trade, the Goods are being supplied in trade and the provisions of the Consumer Guarantees Act 1993 do not apply.
4.3 Third party warranties: Third party manufacturers may provide additional warranties to the Customer in respect of any Goods manufactured by such third parties and sold under the registered brands of those third parties. Enquiries or claims regarding such warranties may be made with the third party manufacturer.
4.4 No other warranties: To the extent that the Company is legally permitted to do so, it excludes any other warranties, guarantees or terms in relation to the Goods, including, without limitation, all warranties, representations and undertakings that the Goods are able to achieve a particular result.
4.5 Statutory Guarantees applicable to Consumers: The Statutory Guarantees include a guarantee that the Company has the right to supply the Goods and that the Goods:
(a) are delivered to the Customer within the time period agreed in the Contract or, if no period is agreed, within a reasonable time;
(b) are of acceptable quality;
(c) are fit for the purposes that the Company made known to the Customer or that the Customer made known to the Company before the Contract was entered into;
(d) match any description on the Website or that the Company provided to the Customer before the Contract was entered into; and
(e) comply with any other warranty that the Company expressly made in relation to the Goods.
4.6 Remedies: Where Goods do not comply with any Statutory Guarantees that cannot be lawfully excluded, and the failure was not caused by the Customer and is a result of:
(a) a minor defect, after receiving the damaged or defective Goods from the Customer and notice describing the damage or defect, the Company will remedy this failure, at its option, by either:
i repairing the Goods;
ii providing equivalent replacement Goods to the Customer; or
iii where Goods cannot reasonably be repaired or replaced, refunding any amounts paid by the Customer in respect of the Goods; or
(b) a defect of a substantial character, the Customer may reject the damaged or defective Goods by providing notice to the Company and returning the Goods as soon as possible. The Company may investigate the failure and may return the Goods to the manufacturer for investigation. Where Goods are rejected under this clause, the Customer may choose for the Company to either:
i refund any amounts paid by the Customer in respect of the Goods; or
ii provide equivalent replacement Goods to the Customer, where such replacement Goods are reasonably available in the stock of the Company.
There may also be other statutory remedies available to the Customer, such as where the Goods have caused other damage or loss to the Customer.
4.7 Excluded losses: Subject to clause 4.2, to the maximum extent permitted by law, the Company will not be liable to the Customer for any of the following in respect of the Goods, however they arise, and even if the loss was foreseeable:
(a) loss of profit, loss of opportunity, loss of revenue, loss of contracts, loss of business;
(b) any consequential indirect or special damage or loss of any kind; or
(c) loss resulting from any failure to comply with these Purchase Terms or caused by the actions or omissions of the Customer, its servants, agents or any other persons whatsoever.
4.8 Limitation on liability: Subject to clause 4.2, to the maximum extent permitted by law, the total aggregate liability of the Company for all claims arising under or in connection with the Goods or the Contract (including all claims for damage to property, injury or death) will not exceed the total amount paid or payable by the Customer for such Goods.
4.9 Force Majeure: Neither the Company nor the Customer will be liable to the other for any failure to comply with these Purchase Terms or delay in complying with these Purchase Terms to the extent caused by events beyond the reasonable control of that party.
5.2 Registered user login details: If the Customer sets up a user login for the Website, the Customer is responsible for maintaining the confidentiality of their account and password and for preventing any unauthorised person from using their computer, their account or their password. The Customer agrees to accept responsibility for all activities that occur under their user login or password. The Customer must notify the Company if they believe that a person has accessed their account without their authority and must log in to their account and change their password.
5.3 Contact information: The Customer may contact the Company by e-mail at email@example.com or post at Daffodil Enterprises Limited
P O Box 651
Wellington Mail Centre
The Company may contact the Customer using any of the Customer’s contact details provided by the Customer at the time of making an order.
5.4 Severability: If any provision of these Purchase Terms is, or becomes, unenforceable, illegal or invalid for any reason, these Purchase Terms will remain in full force apart from that provision which will be deemed deleted.
5.5 Entire agreement: These Purchase Terms and the Contract embody the entire agreement of the parties in relation to their subject matter and supersede all prior understandings, communications and representations between the parties, whether oral or written. No statements or recommendations other than those contained in the technical information provided by the manufacturer of the Goods or the Company from time to time, will have force or effect, unless contained in an agreement signed by an authorised representative of the Company. Notwithstanding the foregoing, where the Customer is operating in trade, it acknowledges and agrees that the Company is operating in trade, the Goods are being supplied in trade and the provisions of the Fair Trading Act 1986 that may lawfully be excluded, are excluded under these Purchase Terms.
5.6 Governing law: These Purchase Terms, the Contract and the sale of the Goods will be governed by, and construed in accordance with, the laws of New Zealand. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.