Terms and Conditions of Use of the Qoleum Limited Website and the Supply of Goods
A. Use of the Website
1. Copyright and Limited Reproduction Notices: The contents of the website are the copyright of Qoleum Limited or our suppliers. No part of the website may be distributed or copied for any commercial purpose and you may not incorporate any part of it in any other work (whether in hard copy, electronic or any other form). No part of the website may be published, copied, transmitted or stored (including in any other website or other electronic form), except that you may print, or download to your hard drive, extracts from the website only for your own use.
2. Linking: The contents of the website may include links to third party materials (“linked sites”). We will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to the website and you agree to remove or cease any link upon our request. You may not frame any part of the website material by including advertising or other revenue generating material.
3. Advertisers: Any dealings with any advertiser appearing on the website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
4. Disclaimer: The website makes information and material available to you as a service. Use of the website material is at your own risk. We are not responsible for any adverse consequences arising out of the use of information contained on the website. The material provided on the website has not been prepared by taking into account the particular objectives, situation or needs of any individual users. It is a general information service only. You should assess whether it is appropriate in light of your own objectives, situation and needs. We do not give any warranty of accuracy or reliability of information contained on the website to you or any other person.
5. Liability: While reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither we nor any of our employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused (whether direct, indirect, consequential, special, or loss of profits).
B. Supply of Goods and Services
1. Supply: On receipt of a purchase order we will endeavour to supply you with the goods or services ordered, but we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order.
2. Terms: We will supply goods and services to you on these Terms only (as we may amend them from time to time). The only circumstance where any variation to these Terms will apply is where we have expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these Terms will take priority over any other terms of trade.
3. Product information: All information given on the website is for your guidance but does not afford a guarantee of use. Common sense and discretion are advised in the proper and safe use of all products purchased from us.
4. Advertised goods: Where goods are advertised with reference to a photograph, we cannot guarantee that your monitor’s display of any colour will be accurate. We will endeavour to deliver the corresponding goods but do not warrant that the goods we deliver to you will be identical to those displayed in the photograph or on your monitor.
5. Price: The price of the goods or services is that stated on the website at the time we accept your purchase order. The prices include goods and services tax (“GST”). We may alter prices without notice.
6. Delivery and Insurance Charges: You will pay the delivery, handling, packaging and insurance charges related to your purchase order. In respect of goods delivered to a delivery point in New Zealand, the delivery charges set out on the website includes the costs of delivery by the usual methods of transportation used by us. We may, if you request, arrange delivery by other means or at other times but we will be entitled to charge you for any additional costs we may incur.
7. Delivery: We will endeavour to deliver goods on the agreed delivery dates but we will not be liable for late delivery. Late delivery does not entitle you to cancel any order or part order. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you or if you are to arrange delivery, when the goods are available for collection by you. Delivery may be by instalments.
8. Risk and Ownership: Risk in goods purchased from us will pass to you on delivery but legal and beneficial ownership in goods remains with us until all sums owed to us, in respect of those goods and all other goods supplied by us, are paid in full. While property in the goods remains with us, we have the irrevocable right to enter your premises where the goods are located and take possession of and remove the goods. Until ownership passes, you hold the goods as bailee for us. If you wish to resell any goods before ownership passes, you may do so only by way of bona fide sale in the ordinary course of business and you shall account to us for the proceeds of any such sale.
9. Authorised Returns: You may return goods purchased from us, if the goods are returned in an unused condition, in their original packaging and the goods are returned to us, within 14 days of delivery.
10. Warranties: We will pass on to you the benefit of any warranties given by the manufacturers or suppliers of the goods. However, we expressly exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise.
11. Limitation of Liability: Our liability for any claim, damages, loss or expense related to the supply by us of goods or services is limited to the cost paid by you for the goods or services and except where statute expressly requires otherwise. To the fullest extent permitted by law we will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
12. Consumer Guarantees Act 1993 (the “Act”): If you are a consumer under the Act: (a) and you are acquiring or holding yourself out as acquiring the goods for a business purpose, the Act will not apply; and
13. Changes to Terms and Conditions: We reserve the right to change these Terms at any time by notifying users of the existence of revised terms and conditions through the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
14. Waiver: If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.
15. Severability: If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
16. Governing Law: These Terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.