Any request for supply of products (order) you place with us and any Products we sell to you are subject to these Terms. Your use of a Product is also subject to any additional terms and conditions, which apply specifically to that Product. These Terms prevail over any inconsistent terms in any other communication or agreement.
1.1 “GST” means goods and services tax payable under the New Tax System (Goods and Services Tax) Act 1999 and NZ GST ACT 1985.
1.2 “Intellectual Property” includes (without limitation) any right to, and any interest in, any patent, design, trade mark, trade name and all goodwill rights associated with such works, copyright, trade secrets and any other proprietary right or form of intellectual property (protectable by registration or not) in respect of any know-how, technology, concept, idea, specification, formula, drawing, photograph, image, document, programme, design, system, process, logo, mark, style or other thing of similar nature, conceived, used, developed or produced by any person;
1.3 “PayPal” means the online payment system operated by PayPal Holdings, Inc;
1.4 “Person” includes a corporation, association, firm, company, partnership or individual;
1.5 “Product” means the products on this website which you may order from us;
1.7 “Site” means the GEORGE & EDI website;
1.8 “Terms” means these terms of sale;
1.9 “We”, “our”, or “us” means GEORGE & EDI Ltd 5085901, its agents, representatives, successors and assigns;
1.10 “You” or “your” means the person placing the order for Products on this website pursuant to these Terms, including that person’s successors and assigns.
2.1 You must only order Products in accordance with the instructions on this Site, and pay for the Products in full (without set-off or deduction of any kind) using PayPal.
2.2 You warrant that you are authorised to use your credit card account by the relevant credit card company.
2.3 While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order.
2.4 No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the Site without notice.
2.5 We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
3.1 All prices displayed on the site are represented in New Zealand Dollars.
3.2 Where you require the Products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the costs set out above.
3.3 All prices are correct at time of publication; however, we reserve the right to alter prices for any reason at any time.
3.4 Products displayed on the site will be purchased using PayPal.
4.1 GEORGE & EDI do not currently ship online orders outside of New Zealand or Australia, however if in future we offer this service, the below terms apply. Shipping to Australia is available only on request.
4.2 You are liable for the payment of any local country import duty, customs or sales taxes levied on the Products purchased.
4.3 No GST will be charged on sales of goods dispatched outside of New Zealand.
4.4 Credit card transactions are processed by PayPal. Some banks may charge an overseas transaction fee and or/foreign currency exchange fee for purchase made outside of New Zealand.
5.1 All promotions and offers are exclusive to the Site unless otherwise stated. Any promotion or offer may not be used in conjunction with another unless otherwise stated. Promotions and offers are subject to availability and GEORGE & EDI reserves the right to revoke promotions and offers at any time and for any reason without notice.
5.2 GEORGE & EDI reserves the right to run promotions and offers for set periods of time and in specific geographies and not others if it so chooses.
5.3 Free gifts cannot be exchanged for cash, resold by the purchaser, or returned for a refund or replacement unless the product is faulty.
5.4 Any decision made by GEORGE & EDI regarding promotions and offers on the Site is full and final.
6.1 We will deliver the Products to the premises nominated in your order at your cost (at the rate specified herein), unless provided as a promotion, within a reasonable time of accepting your order. If we have specified a delivery date, we will try and deliver the Products to you by that date. We will not be liable to you for late delivery, and late delivery does not entitle you to cancel any order or part of any order.
6.2 We may deliver the Products to you by instalments and each delivery will be a separate contract independent from the other deliveries.
6.3 We will re-deliver, replace or refund the Product (at our option) if we have incorrectly addressed the delivery. We take no responsibility if we were provided with an incorrect or insufficient address.
7.1 We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.
8.1 To the extent permitted by law, all express or implied conditions and warranties in connection with the Site, the Service and the sale of any Products are excluded.
8.2 The products and services purchased from the Site, and any samples we provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
8.3 If you resupply the Products in trade to a person:
9.1 The material and information contained on the Site is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an order. Nothing on the Site is to be construed as a recommendation to use any Product.
9.2 You agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, the supply or non-supply of the Products, for any breach of our obligations under these Terms, or for any other reason which relates to these Terms or the Products.
9.3 If, despite the other provisions of these Terms, we are found to be liable to you then, without limiting your obligation to indemnify us in accordance with these Terms, our liability for any single event or series of related events is limited to the amount you paid for the Product which gave rise to your claim.
9.4 You confirm that these Terms are reasonable having regard to the price payable for the Products and their nature.
10.1 Subject to your rights at law, we will only accept the return of Products if:
10.2 You must pay all costs of returning Products to us, however, we will refund those costs if we accept the return of Products under clause 8. All Products returned must be in their original condition and packaging (except for defective or faulty Products) along with any accompanying accessories and an explanation for returning the Products. Please return orders placed in New Zealand to: 3 Reece Crescent, Wanaka, 9305, New Zealand.
11.1 All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of GEORGE & EDI and is protected by New Zealand and international laws, including laws governing copyrights and trademarks.
11.2 No Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
12.1 You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.
12.2 You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
13.2 If the information is not provided your order may not be processed.
13.3 You have rights of access to, and to request correction of, your personal information. To do so contact GEORGE & EDI at [email protected]
14.1 In case of abuse, your access to the Site or any account registered on the Site may be restricted or terminated at the discretion of GEORGE & EDI.
15.1 Our Site may contain links to third party web sites or services that are not owned or controlled by GEORGE & EDI. GEORGE & EDI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
15.2 You further acknowledge and agree that GEORGE & EDI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
16.1 The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these Terms of Sale.
16.2 These terms are governed by New Zealand law.
16.3 Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy. A waiver of any of these Terms must be specified in writing and signed by one of our authorised officers.
16.4 The exercise by us of any express right set out in these Terms (express right) is without prejudice to any other rights, powers or remedies available to us in these Terms, at law or in equity, including any rights, powers or remedies which would be available to us if the express rights were not set out in these Terms.
16.5 Where any part of these Terms is rendered void, unenforceable or otherwise ineffective by operation of law that will not affect the enforceability or effectiveness of any other part of these Terms.
16.6 You must not assign your rights, or subcontract your obligations, under these Terms without our prior written consent.
16.7 These Terms prevail over any inconsistent Terms in any other communication or agreement, even if at some later date we, or our agents, sign or otherwise purport to accept the Terms of that communication or agreement.
16.8 We may amend these Terms from time to time by posting new terms and conditions on this Site. These amendments will usually take effect within 30 days after the changes have been posted on the Site. You should review these Terms each time you use the Service for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to these Terms will constitute your acceptance of the new terms & conditions applying to the Service.
If you have any questions regarding these Terms and Conditions, please email us at [email protected]
Last updated: 21/02/2016.