Responsible Care NZ Inc Online Purchase Terms and Conditions
Responsible Care NZ (RCNZ) owns and operates this site and is located at City Chambers, Johnston Street, Wellington, New Zealand. Phone 04 499 4311.
General
These Terms and Conditions 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).
Acceptance of Terms
When you access this site, you acknowledge that you have read and agree to the terms described below. If you do not agree with the terms discussed here, you should exit the site and refrain from placing any order. RCNZ has the right to refuse the sale of any product where we deem appropriate.
You agree that you are buying for your own personal use and not for resale or export.
Description of Products
Modifications and improvements to RCNZ’s products, prices and data are constantly being made. Although RCNZ has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete and current, RCNZ does not provide any representations or warranties as to its accuracy, completeness or currency of information and RCNZ shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
RCNZ also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on RCNZ. If the goods do not match the description on RCNZ’s website, the buyer should inform RCNZ immediately so that RCNZ may take the appropriate action.
Limit of Liability
RCNZ is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use of, or inability to use, the material on this site.
Changes to the Website
We reserve the right to make any changes to our website including the terms and conditions that govern the use of our website at any time. We encourage you to view the terms and conditions regularly for any changes.
Applicable Law
Any contract arising from this site is governed by the laws of New Zealand and, as such, you agree that any legal action or proceeding between you and RCNZ shall be brought exclusively in a New Zealand Court.
Consumer Guarantees Act 1993
In the event the transaction which is 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 RCNZ 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 in any way limit the purchaser’s rights under the Act.
Privacy Policy
All information, images, credit card details or any associated material provided to RCNZ will be expressly used for the purpose it was intended and privacy is assured.
Orders, Price and Payment
All prices quoted include Goods and Services Tax (GST) and are in New Zealand Dollars. Prices are subject to change at RCNZ’s discretion.
When the buyer orders products from RCNZ, this constitutes an offer from the buyer to buy those products in accordance with these Terms and Conditions. RCNZ’s acceptance of the buyer’s order occurs (and the contract is formed) when the goods are dispatched to the buyer.
RCNZ 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 RCNZ rejects the buyer’s 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 RCNZ shall have no further liability to the buyer in relation to the rejected part of that order.
Preferred payment is via:
- Direct credit
- Mastercard
- Visa
Availability and Cancellation
All orders are subject to the availability of products. RCNZ may revise the range of products or the specification of any product at any time and without notice to the buyer. While RCNZ does not accept liability for any loss arising, every effort will be made to keep the information up to date and accurate.
Cancellation of Orders
Where products are listed on RCNZ’s website with an incorrect price or with incorrect information, RCNZ reserves the right to cancel the buyer’s 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 RCNZ, RCNZ will refund the amount paid by the buyer in relation to that order.
RCNZ may cancel the buyer’s order at any time prior to the order confirmation. Any variation, waiver or cancellation of the buyer’s order shall have no effect, unless accepted in writing by RCNZ. Where RCNZ accepts cancellation, RCNZ may levy a handling charge of up to 15% of the price.
Delivery
Once RCNZ has confirmed acceptance of the buyer’s order, RCNZ will endeavour to dispatch the buyer’s order within four business days, unless a different time frame is specified in relation to a particular product. If RCNZ is unable to dispatch the buyer’s order within the time frame specified, RCNZ will endeavour to contact the buyer and advise the buyer of the expected dispatch date.
Any quotations of delivery times by RCNZ are made in good faith but are estimates and RCNZ shall not be bound by such quotation and 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). RCNZ will not be responsible for any order that is delivered in accordance with the buyer’s delivery instructions.
Shortages, Damages or Loss in Transit
We use reputable transport firms for delivery of your goods. Liability for any damage/shortages is determined under the Carriage of Goods Act 1979 (and subsequent amendments).
It is the buyer’s responsibility to:
- Ensure that the complete consignment (as per carriers note) is received;
- Advise RCNZ as soon as practical (but no later than 7 days) of any shortage/damage;
- Allow RCNZ a reasonable opportunity to investigate the claim.
Claims will not be considered after 7 days of receipt of goods.
Force Majeure
RCNZ 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 outside RCNZ’s reasonable control.
Risk
Once the buyer’s 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.
Return of Goods for Credit or Refund
Goods supplied in accordance with the buyer’s order can only be returned with the express prior approval of RCNZ.
- Requests must specify reason for return.
- Any Goods considered for return must be unused, undamaged and still in original unopened packaging.
- The Buyer is liable for all costs associated with returns.
Robots, Spiders & Scrapers
The buyer may not use a robot, scraper or other unauthorised automated means to access the website or information featured on it for any purpose.
Severability
If any provision of these Terms and Conditions 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 Terms and Conditions (and any contracts to which these Terms and Conditions 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 Terms and Conditions (and any contracts to which these Terms and Conditions apply).