Terms & ConditionsThese terms and conditions of trade ("Terms") govern the supply of all goods ("Goods") by Outstanding Solutions NZ Limited, company number 6339035 ("Supplier", "us", "our" or "we") and any customer ("Customer" or "you") that orders Goods via our website at www.Keter.co.nz ("Order"). Any person purchasing on behalf of an entity warrants that they have the authorisation to accept these Terms on behalf of the entity. For the avoidance of doubt, these Terms will not apply to the supply of Goods which are not ordered through our website.
These Terms are effective from 1 August 2020 and prevail over any previous terms, or any other form of contract, despite any indication to the contrary by any person acting or apparently acting on our behalf, unless agreed in writing by a duly authorised officer of the Supplier.
We reserve the right to change these Terms from time to time by giving notice of the amendment to you. Notice is deemed given to you when we post the amendment to our website.
1.1. All Orders placed by you shall constitute acceptance of these Terms, despite anything to the contrary in an Order. If you do not understand or agree with any of the terms or conditions outlined herein, please contact us immediately.
1.2. Orders for Goods must be placed on our website at www.keter.co.nz.
1.3. If you wish to cancel your Order, you must do so through our website or by emailing us at firstname.lastname@example.org.
1.4. Purchases made through our website must only be made by persons who are acquiring Goods for their own consumption, and no Customer is permitted to acquire Goods from us for resupply (whether in trade or otherwise).
1.5. An invoice will be emailed to you at the email address you supply when you place your Order. You are responsible for ensuring that your contact details are correct.
2.1. Prices for Goods are displayed on our website at the time of the Order.
2.2. Prices are in New Zealand dollars and are inclusive of GST unless stated to be otherwise.
2.3. Prices are exclusive of delivery charges. A total delivery cost will be provided in the Order summary of your online shopping basket for your review prior to confirming your Order.
2.4. All prices are correct when published. We reserve the right to alter prices at any time.
3. AVAILABILITY OF GOODS
3.1. All Orders are subject to availability. If for any reason a product is not available, we will use best endeavours to notify the non-availability of the Goods on our website.
4.1. Payment in full is due at the time your Order is placed on our website.
4.2. All payments are processed through Stripe, the secure payments system, to ensure high levels of payment security. All payments are subject to Stripe's then current terms and conditions, which you may review and must accept before confirming your Order.
5. SHIPPING AND DELIVERY
5.1. We will deliver, or arrange delivery of, the Goods to the address specified in your Order. We only deliver to New Zealand street addresses.
5.2. Once an Order is dispatched to delivery, it is passed to one of our freight companies. While we aim to complete this step the day we receive payment confirmation, we may require additional processing time during busier seasons. Estimated delivery times are as follows:
North Island: 2-4 business days
South Island: 5-8 business days
5.3. All Orders over 25kgs are sent by general freight while Orders under 25kgs are sent by ordinary courier.
5.4. General freight and ordinary courier is a door to door, one-man delivery service. This means that your item will be left near or by your door, or at the end of your driveway. If the delivery vehicle cannot access your nominated address, the item may be delivered by the curbside of the nominated address.
5.5. If your Order is over 25kgs, or could be considered a large, heavier Order, we recommend that you ensure the correct numbers of people are available to lift the item from the truck or delivery vehicle as the driver may not be willing or able to assist.
5.6. Where you have not provided satisfactory assistance for lifting, the delivery may be deferred to a different date or time, and additional charges may apply for redelivery or storage of your Order.
5.7. Please do not ask drivers to lift items more than what is specified by occupational health and safety guidelines, or to lift items into your home or nominated address as this is not included in the freight delivery terms.
5.8. You must be present to sign for all large Goods (such as sheds) and acknowledge that the Goods were delivered in good condition.
5.9. If you refuse to accept delivery of Goods, we may charge you for any additional costs incurred as a result, including storage and transportation costs.
6. TITLE, RISK AND OWNERSHIP
6.1. Title to, and risk of any loss, damage or deterioration of or to, the Goods passes to the Customer on delivery. The Customer is responsible for insuring Goods from the time of delivery.
7.1. Subject to clause 9, no warranty or condition is implied against the Supplier under any statute, at common law or otherwise and no representation, condition, warranty or variation of these Terms is binding on the Supplier unless it is in writing and signed by a duly authorised officer of the Supplier.
8. RETURN OF GOODS
8.1. Please choose carefully before confirming your Order as we do not have to provide a refund if you have changed your mind about a purchase. If the Goods are faulty, we will meet our obligations under the Consumer Guarantee Act 1993 if applicable (see clause 9).
8.2. Goods damaged in transit must be reported to the Supplier within 5 business days of their receipt, along with the quoting packing slip or invoice number.
8.3. Where it is identified that damage occurred after risk in the Goods passed to the Customer, we accept no responsibility for such a claim.
8.4. Any shipping costs to return the original Goods to us will be at our cost, where we consider that the Goods have breached a consumer guarantee. However, if on examination of the Goods returned to us, the Goods are found not to have breached any consumer guarantee, we may charge you a fee for examining the Goods and any fee for returning the Goods to you.
9. CONSUMER GUARANTEES ACT 1993
9.1. Where you acquire or hold yourself out as acquiring Goods from us for the purposes of a business as defined in the Consumer Guarantees Act 1993 ("CGA"), the provisions of the CGA and the remaining provisions of this clause 9 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will also not apply and are excluded from these Terms.
9.2. Under the CGA, you have guaranteed legal rights for goods (and services) you buy. If the Goods supplied to you do not meet a consumer guarantee, but can be remedied within a reasonable time, we will either repair the Goods or replace the Goods. We carry a comprehensive range of spare parts and can remedy most issues. If we cannot repair or replace the Goods, or those parts of the goods that are at fault, we will provide you with a refund of the purchase price.
9.3. If there is a 'major failure', i.e. where the failure in the Goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a 'failure of substantial character' as set out by section 21 of the CGA, you are entitled to return the Goods and choose to have a replacement of the returned Goods or a refund.
9.4. CGA guarantees are in addition to any warranty offered by a manufacturer, and you may have rights against the manufacturer directly.
9.5. Goods described incorrectly must be reported to the Supplier within 5 business days of their receipt, along with the quoting packing slip or invoice number.
9.6. Any Goods which show obvious manufacturing defects must be notified in writing to the Supplier within 5 business days from receipt of the Goods. Where possible, please quote the packing slip or invoice number.
9.7. Goods cannot be returned unless the Supplier has specifically agreed with the Customer in writing to this effect in advance.
10.1. We will not be liable for any claim for loss or compensation or any other remedy (of any nature, including under contract or in negligence) by the Customer or any other person including without limitation any claim relating to or arising from:
(a) any condition, warranty, description, representation, condition as to fitness or suitability for any purpose, merchantability or otherwise, whether express or implied by law, trade custom or otherwise (excepted as provided by the CGA);
(b) any representation, warranty, or agreement made by any agent or representative which is not expressly confirmed by the Supplier in writing; or
(c) any claim relating to an injury of any nature which occurred during the delivery or movement of any Order.
10.2. We will use our best endeavours to fulfil Orders which have been confirmed, but we will not be liable for any failure to deliver, or for a delay in delivery.
10.3. If despite this clause we are held to be liable to the Customer under these Terms for loss of any nature (including under contract and in negligence), the Supplier's total liability will not exceed the price of the Goods in relation to which that liability was incurred.
11.1. You hereby indemnify and agree to hold harmless us (and our directors, officers, employees, agents and authorised representatives) against all loss, damage, liability, actions, proceedings, claims, demands or prosecutions, costs, damages and expense of any kind or nature suffered, incurred, brought or commenced against us (and our directors, officers, employees, agents and authorised representatives) as a result of your fraud, negligence or failure to comply with these Terms.
12.1. Through conducting normal business, we may collect your personal information, such as purchase history, contact and delivery details. This information will be held and used in accordance with the Privacy Act 1993 and this clause 12.
12.2. You authorise us to collect, retain and use any information about you for the purpose of enforcing any rights under these Terms, or marketing any goods provided by us to you or any other party.
12.3. We may disclose your personal information as required by law.
12.4. Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
12.5. Where you are a natural person, the authorities under clause 12.2 are authorities or consents for the purposes of the Privacy Act 1993.
12.6. You have the right under the Privacy Act 1993 to obtain access to, and to request the correction of, any personal information concerning you held by us.
12.7. You acknowledge that we will communicate with you (including by telephone, email and/or text message) for the purpose of performing our obligations in connection with your Order.
13.1. While we endeavour to supply correct information on our website at all times, mistakes, errors or omissions may occur. We take no responsibility for any loss or damage, direct or indirect, resulting from the use or application of information contained on our website.
13.2. Failure by us to enforce any of the Terms contained herein shall not be deemed to be a waiver of any of the rights or obligations we have under these Terms.
13.3. These Terms shall be governed and construed in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
13.4. Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of Goods and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
13.5. You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
13.6. The singular shall include the plural and vice versa and words importing any gender shall include every other gender.
13.7. A "business day" means any day, other than a Saturday, Sunday or public holiday in Auckland, on which banks are generally open for business.
13.8. Unless any provision in these Terms expressly provides otherwise, these Terms are not intended to confer a benefit on any person or class of person who is not a party to it.
13.9. We may deliver notices to you by sending them to an email address that you have notified to us.
13.10. If anything in these Terms is unenforceable, illegal or void, then it is severed and the rest remains in force, unless the severance would change the underlying principal commercial purpose or effect.
13.11. The United Nations Convention on Contracts for the International Sale of Goods adopted at Vienna, Austria, on 10 April 1980 does not apply to the sale of Goods the subject of these Terms.
13.12. The Customer must not transfer its rights in respect of the purchase of Goods to any other party without the Supplier's prior consent in writing.