TERMS 0F TRADE
In these Terms of Trade:
Stay Dry Products
and we, our or us mean STAY DRY PRODUCTS 2007 LTD.
means any written communication that we may send to you and as such includes other communications (such as by way of example invitations, catalogues and special promotions) whether by way of electronic communication, hard copy or otherwise;
Product and Products mean any goods (including associated services) offered for sale on or ordered from the Site.
Terms of Trade mean these Terms of Trade;
Site means our website www.staydry.co.nz
User, you and your mean any user or visitor of our Site, as applicable.
ORDERING FROM THIS SITE
1. The Site has a catalogue of Products which is available for purchase. The catalogue may be updated or amended from time-to-time by Stay Dry Products. No error or mis-description in the catalogue will entitle you to a claim in compensation or damages. We will, however, use our best endeavours to provide accurate information.
2. Orders for Product will be made in the manner directed on the Site from time to time. Any order for Product constitutes a binding legal offer which if accepted by Stay Dry Products forms a contract for sale and purchase, subject to the terms and conditions below. We may elect not to accept an order if we are unable to supply Product by the description, in the amount or otherwise in the manner requested by you. If we reject an order then we will endeavour to notify you of that rejection as soon as reasonably practical. We may place orders on back order if we believe that we can supply them but are not able to do so immediately. In this instance we will notify you and agreement to supply on back order and the time within which a back order will be supplied will be subject to mutual agreement.
3. The price payable for an order is that specified in the online catalogue at the time of acceptance by us. We reserve the right to amend prices from time to time. The price is inclusive of GST, which is paid at the currently applying rate.
Payment for Orders
Full payment in cleared funds must be made before Product is delivered or collected. Payment will be made in the manner specified on the Site from time to time. We reserve the right to amend the terms of payment, and are not obliged to accept any method of payment where we are not satisfied that funds will be cleared and paid irrevocably.
The terms and cost of delivery are stated on this site and may vary from time to time. The price for delivery including GST must be paid in full before despatch. If required, the person accepting delivery must verify their identity as the person who has ordered the goods, or otherwise if authorised by them to prove that authorisation. If we cannot deliver the goods to the address specified on the order, then we reserve the right to return the goods to our premises for collection. Any additional costs incurred in returning the goods to our premises, or re-delivering them will be payable by you in addition to the agreed price.
Passing of Risk and Title
Risk in Products remains with us until they are delivered to you. Title in the Products will pass to you upon delivery if full payment in full has been made for them.
The Consumer Guarantees Act 1993 (“the CGA”) applies to consumers (as defined in the CGA) only, and does not apply to businesses. If you are a trader, retailer or other business person who purchases Products for business purposes the CGA will not apply.
OTHER WEBSITE AND TRADING TERMS – GENERAL
Use of Site and Changes
1. Access and use by you of the Site or placing an order for Product constitutes your acceptance of these Terms and Conditions. By using the Site you are deemed to have accepted our Terms and Conditions, current at the time, from the date on which you first use the Site or purchase Product.
2. These Terms and Conditions apply to any User of the Site whether a visitor, a retailer, a wholesaler, a trader or otherwise. If you do not accept these Terms and Conditions then you must refrain from using the Site.
3. You agree to take responsibility for using the internet and the Site with courtesy and responsibility and be familiar with and practice good etiquette, as deemed by us.
4. These Terms and Conditions may change or be updated from time to time. It remains the responsibility of the User to access and check these Terms and Conditions whenever you access the Site. The latest version of these Terms and Conditions will govern any future usage by you, of the Site.
5. We reserve the right to amend, change or update any information on the Site including our Terms and Conditions, at any time and without prior notice. You should regularly familiarise yourself with our current Terms and Conditions by which you are bound. By continuing to use the Site and by continuing to receive our Newsletter, you are deemed to have accepted the information on the Site and the Terms and Conditions as amended, changed, updated and current at the time.
Contents of and Accuracy of Information on the Site
1. All reasonable efforts will be taken to ensure that the information on our Site is accurate; however, no liability shall attach to us in the event of a mistake or error. You acknowledge that you arrive at your own decision regarding products, services and information contained on the Site and do not rely on any statement or representation made by us. We do not accept any responsibility or liability for any action you take in reliance on any information on or the contents of our Site.
2. We may change the content, products and/or services described on the Site at any time without prior notice and we will aim to correct any error or inaccuracy that is brought to our attention within a reasonable time.
Intellectual Property and Trademarks
1. Stay Dry Products (and its licensors if relevant) owns all propriety and intellectual property rights in the Site, including but not limited to text, graphics, logos, icons and sound recordings and the software and other material underlying or forming part of our products and services and the Site. A User may not without our prior written consent, in any form or by any means:
a. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; and/or
b. commercialise, copy or on-sell any information or items obtained from any part of the Site.
2. All content on this Site is owned by us (or any other provider approved by us) and is protected by the applicable intellectual property and propriety rights and laws. No use of the Site’s content is permitted without the express prior written consent of Stay Dry Products, and where applicable, any other intellectual property right holder. Enquiries and permission requests may be sent to us at firstname.lastname@example.org
Links to Third-Party Sites
1. Linked sites are not under the control of Stay Dry Products and we are not responsible for and make no representations regarding the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you for your convenience only. The inclusion of links on the Site does not imply endorsement by us of any those sites.
Continuation of the Site
1. We will use our reasonable efforts to maintain an accurate and complete Site, however we do not guarantee continuous operation and accuracy of the Site or availability of our products, services or integrity of the data stored or transmitted via the Site, internet or any other services.
2. To the fullest extent permitted to by law, all warranties, representations and guarantees (whether express, implied or statutory) are excluded including without limit, suitability, fitness for purpose, accuracy or completeness of the Site or its content.
Liability and Indemnity – Use of Site and Sale of Goods or Services
1. You acknowledge and agree that you use the Site at your own risk. We are not liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any lost data, lost business, lost profits, injury, claim, liability or damages or failure of security resulting in any way from the use of the Site, our products and services whether foreseeable or not. Termination of your contractual relationship with us shall be the sole and exclusive remedy for any damages or injury suffered by you.
2. You indemnify and hold us and our subsidiaries, affiliates, officers, employees and contractors harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:
Your use or misuse of the Site or of any Products goods or services;
A violation of laws, rules or regulations for terms in these Terms and Conditions.
New Zealand Courts and Disputes
1. These Terms and Use of the Site including any matter or dispute connected with them shall be governed by the laws of New Zealand and in this respect you hereby submit to the non-exclusive jurisdiction of the Courts of New Zealand.
2. Any disputes arising in connection with the Site will initially be dealt with through mediation.
3. Nothing prevents any party from approaching the Courts of New Zealand for injunctive relief.
Information about You
3. You warrant that you have provided complete, accurate and current information required by us and you have due authority to enter into these Terms and Conditions.
We reserve the right to terminate a User without entering into further discussions with that User. Examples of when we may terminate User are:
Serious complaint or multiple complaints are received about the User;
If the User breaches these Terms and Conditions;
If we, at our sole discretion, deem the User’s behaviour to be unacceptable.
1. These Terms and Conditions constitute the entire understanding and agreement between you and us and supersede any and all prior oral and written communications on the subject matter contained in them.
2. If any provision in these Terms and Conditions is found to be invalid, then such provision (to the extent that it is invalid) is deemed severed from these Terms and Conditions and the remainder shall not be affected.
3. No representations made by us, our marketers, agents and employees or other persons so authorised by us shall be binding upon us if:
a) Made before your use of our Site and is not included in these Terms and Conditions; or
b) Subsequent to the date of first use by you of our Site and not in writing.
Stay Dry Products and we, our or us mean Stay Dry Products 2007 Ltd.
Newsletter means any written communication that we may send to you (and as such includes other communications, not only a newsletter) whether by way of electronic communication, hard copy or otherwise;
Site means our website www.staydry.co.nz and is owned by Stay Dry Products 2007 LTD
User, you and your mean any user or visitor of our Site, as applicable.
All information will be collected and held in accordance with the provisions of the Privacy Act 1993.
The Information That We Collect
Stay Dry Products operates the website www.staydry.co.nz as part of our operations we may gather certain types of information about the users of our Site:
Personally Identifiable Information - this is provided by you when you register for services that we may offer. Examples of these services could include Newsletters or competitions. Providing this information will always be optional. However, some services may not be available to you if you choose not to provide the required information.
Aggregated Data - this information is generated by our systems as they track traffic through our Site. This information does not identify you personally and is not linked to the personally identifiable information that you may have provided.
Who We Share This Information With
We will not sell or allow third parties to access your personal information without your consent. We release personal information only when we believe the release is required to:
· Comply with law (including facilitating court proceedings);
· Protect the rights, property or safety of Stay Dry Products, our Users or others; or
· Meet requests by Government agencies to enable them to fulfil statutory roles (such as Police or Inland Revenue Department); however the User may ask us whether any information has been provided to such Government agencies.
We have collected this information in order to provide the best possible service to you while you are visiting our Site. To this end we may use the information that you provide for the following purposes:
· To help provide any services that you have requested;
· To offer the most relevant information suitable to you and your interests;
· For any marketing, promotional, publicity, direct marketing or market research (including monitoring or analysing market trends) that we or our agents may undertake; or
· For any other purpose for which you have given permission.
A cookie is a small file that resides on your computer and is recognised by our server when you visit our Site. A cookie does not provide us with any personally identifiable information. It does provide details of your IP address, the computer platform that you use (e.g. Mac or Windows), the browser that you use (e.g. Microsoft Explorer or Netscape) and what domain you are accessing our Site from. With this information we can do the following:
· Track traffic patterns to our Site;
· Ensure that the most relevant content is being shown.
About Other Websites
Opting In and Opting Out
You will always have the option to opt in or to opt out of any services we may offer, at any stage. This means you may change your mind at any stage about participating in any of our services.
Your Right to Access Your Information
The Privacy Act of 1993 gives you the right to access and correct the information you have provided to us. You can do this by emailing your request to email@example.com and you may ask to be removed from our Newsletter recipients’ list or email list(s) at any time. We are happy to discuss any concerns that you may have in providing the information that we require and for further information regarding the information that we hold about you. You may contact us at:
Stay Dry Products 2007 Ltd
313 Casement Road
Phone: +64 7 865 9647
Fax: +64 7 865 9649