This website (“site”) is operated by FlinkGlobal Limited . In this agreement we refer to you, the purchaser as “you” or “your” and FlinkGlobal Limited as “we”, “us” or “our.” By using our website you agree to be bound by the terms that apply to your use of our website. If you do not agree to these terms please refrain from using our website.
1 GENERAL
1.1 This agreement applies to all purchases of FlinkGlobal Limited by you from the FlinkGlobal website and replaces all previous agreements between you and us.
1.2 We reserve the right to make changes to these terms and conditions at any time in accordance with clause 19. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us.
1.3 This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products on our website.
2 DEFINITIONS
2.1 In this agreement unless the context otherwise requires:
“Agreement” shall mean this agreement and includes any other terms incorporated into it by reference;
“Information” shall mean all info information supplied by you to us via the website or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history;
“Products” shall mean any product or products supplied by us to you and includes products described on any invoices, order, quotation, or any other forms as provided by us to you. Without limitation Products includes all singular items or sets of china (including bone china) crockery and pottery.
“GST” means goods and services tax of 15%;
“Website” shall mean our website, accessible via the www.uvw.co.nz domain name
3 PURCHASE TERMS
3.1 When purchasing Products on the website you confirm and acknowledge that:
3.1.1 all information supplied by you to us is true and correct at the time you make any purchase on the website;
3.1.2 we may disclose your information to your bank or credit card company and for the purposes of any debt recovery proceedings we may issue against you;
3.2 Any instructions received by us from you for the supply of Products and/or your acceptance of Products by us shall constitute acceptance of these terms and conditions.
4 PRICE
4.1 Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted
4.2 We reserve the right to vary prices without notice. Any price change will not affect an order that has been accepted by us except where there has been a manifest error or computer error (per below).
DELIVERY CHARGES
4.3 Product prices are quoted exclusive of delivery charges. Any shipping or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price, any such additional charges are clearly displayed where they apply.
PLACING AND ACCEPTANCE OF ORDERS – COMPUTER ERROR ETC
4.4 We make every effort to ensure that the price displayed on our site is correct at the time of you placing your order and that the Products displayed are available.
4.5 However if an error is discovered in the price or availability of the products that you have ordered, we will inform you as soon as possible, and you will be given the opportunity to re-order at the correct price and/or order an alternative Product, or receive a full refund prior to dispatch.
4.8 We reserve the right at all times to refuse to accept or cancel (prior to dispatch) any order placed. Without limitation, we will be under no obligation to fulfil an order for a product, which was advertised at an incorrect price or are no longer available. If the item(s) have been charged and not dispatched we will cancel and refund your order.
5 DESCRIPTIONS
5.1 We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on our website are correct at the time when the relevant information was entered onto our system. Although we aim to keep our website as up to date as possible, the information, including the descriptions of Products, appearing on our website at a particular time may not always reflect the position at the time you place your order.
5.2 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer, tablet or mobile phone (your “Device”) will display those colours accurately to reflect the colour of the Products. Actual Products may vary slightly from those images.
6 PRODUCT AVAILABILITY – PROMOTIONS
6.1 All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted.
6.2 In the event that we are unable to supply products in the quantities specified in your purchase order you may elect to cancel or vary your order by agreement with us.
6.3 Any Products advertised on promotion or special will be sold (if orders are accepted) subject to the specific terms of such promotion. In relation to any “buy one get one free” (or buy one get one at a discounted price), the free/discount will apply to the lowest priced item selected by you.
7 DELIVERY & TRANSIT
7.1 Once your order has been confirmed by us as having been accepted we will normally dispatch the Products to you the next business day (or you have the option of collecting from us) and in any event we will dispatch orders no later than two business days following confirmation of your order via email or equivalent. We are not responsible for any failure to deliver or delay in delivery caused by any event outside of our reasonable control.
7.2 In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to delivery at a later date.
7.3 Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
7.4 Delivery takes place when the products reach the address you have specified for delivery.
7.5 Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein.
8 PAYMENT TERMS
8.1 You must pay us in full by credit card (as applicable) at the time that you submit your order.
8.2 If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
8.3 Where any payment is reversed or is not processed due to any error or otherwise we may withhold delivery of any Product on the relevant order.
9 WARRANTIES
9.1 We represent and warrant to you that:
- We have the right to sell the products to you;
- The products are not be subject to any undisclosed security or charge;
- You have the right to undisturbed possession of the products.
9.2 We represent and warrant to you that the products:
- Are of acceptable quality having regard to their nature, price, representations made by us and any statements made on packaging or labels;
- Are reasonably fit for the purpose that we represent;
- Supplied by description correspond with their description.
9.3 As the Products are predominantly made from china/crockery/ceramic they are susceptible to fair wear and tear and/or scratching/chip or breakage over time and some colours may fade especially with dishwasher use. We give no warranty that the Products will be immune from such fair wear and tear.
9.4 We are not responsible for any information other than that displayed directly on our website. Without limitation, to that we are not responsible for any information obtained by you from any other source or website including, any websites accessed via links displayed on or accessed via our website.
10 CANCELLATION, RETURN AND REPLACEMENT
10.1 Subject to clause 9 of this agreement:
- After we have accepted your order for the products, you may not cancel the order without our consent;
- We will not consent to cancellation if we have processed your order and dispatched the Product to you;
- Returns for credit will be given at our sole discretion. The cost of return is your responsibility;
10.2 The goods we sell are fit only for the purposes for which this type of goods are commonly & lawfully supplied. Please choose carefully as we are under no obligation to refund or exchange goods if you change your mind.
DEFECTIVE/DAMAGED PRODUCTS
10.3 All Products will be inspected before dispatch and should be free from defect. If, however, you receive any products from us which can be shown to have had any defect of materials or workmanship or do not meet the expected standards as described in clause 9.2, or has been damaged in transit you must contact us within 2 days of delivery please contact us (email) from 10:00 am to 5:00 pm.
10.4 You will be required to provide us with clear photographic evidence of the alleged fault or damage, and in the case of damage in transit you must retain the packaging to be available for inspection by the courier and your invoice as proof of purchase. If we agree that the products may faulty or damaged, we will organize the return of the product for inspection and if the defect/damage is confirmed by us we will provide you with a replacement of any item within a set (if available) or exchange with a Product of same value (or issue a credit note). If a suitable exchange item is not available within a reasonable time we will refund the relevant portion of the purchase.
10.5 We will have no obligation to refund delivery fees, but may do so in our sole discretion.
10.6 Our replacement or refund policy for defective Products will not apply to:
10.5.1 Any defect in the Products arising from:
- fair wear and tear;
- wilful damage, incorrect handling or storage, misuse, accident, negligence by you or any third party;
- use other than recommended by us and/or failure to follow our instructions; or
- any incorrect information or specification supplied by you; and
10.5.2 Products which you have not paid for.
10.7 Where a credit note is issued it will not later be exchanged for cash.
10.8 Return of any product shipped outside New Zealand will not be accepted.
11 CONSUMER GUARANTEES ACT 1993
11.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed onus, liability shall, where it is allowed, only apply to the minimum extent required by the relevant statute.
11.2 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire any Product(s) from us for the purposes of trade or business in terms of section 2 and 43 of that Act.
12 USE OF YOUR INFORMATION
12.1 During the term of this agreement your use of the website will generate certain information that will be recorded electronically by us. Information of this type may include, for example, your IP address, your usage statistics, etc. We will also record your contact details, credit information and any related personal details that you supply or that we obtain independently.
12.2 You acknowledge that we, our employees, carriers, contractors and agents may use or disclose any of the information identified in the previous paragraph for purposes connected with the supply of the Products to you and for collection and retention of customer data by us and the Flink Group of companies (being any related company as defined in the Companies act 1993) . Examples of purposes connected with supply include, for example:
- administration of your account with FlinkGlobal Limited or on the website;
- carrying out credit checks;
- keeping you up to date with new offers/changes at FlinkGlobal Limited and other members of the Flink Group;
- sharing with contractors to enable you to use or facilitate your use of the website.
12.3 You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
13 INTELLECTUAL PROPERTY RIGHTS/WEBSITE
13.1 We own, control or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services or saving website content, for your own personal use. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.
13.2 You agree that you will only use our website for the intended purposes of viewing Products displayed for sale and placing purchase orders. Further agree not to modify, interfere or disrupt our website in any manner and will indemnify us for any cost or losses if you breach this provision.
14 MISCELLANEOUS
14.1 These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase
14.2 FlinkGlobal Limited shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
14.3 Failure by us to enforce any of the terms and conditions contained in this agreement shall not be deemed to be a waiver of any of our rights or obligations under this contract.
14.4 If any provision of this Agreement is deemed to be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
NO WAIVER
14.5 No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice any right, of that party.
If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.
Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
JURISDICTION
17.1 The website is provided for use by New Zealand residents. We make no representations that the website complies with the laws of any country outside of New Zealand. If you access the website from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws in the place where you use the website when purchasing products online.
17.2 The laws of New Zealand shall prevail in respect to any disagreement over, or interpretation of this contract. Sole legal jurisdiction shall be the courts of New Zealand.
18 NOTICES
18.1 We will send all invoices and notices required under this agreement to the address (postal or email) that you have nominated as your preferred method of contact. It is your responsibility to ensure that you keep up us informed of any changes to your contact details.
18.2 You will be deemed to have received a notice:
- sent by email, at the time that we send it;
- sent by post, four days after we send it.
19 AMENDMENTS
19.1 We may change the terms of this agreement by sending you notice (“amendment notice”) to that effect by your preferred contact method and supplying you with the amended agreement.
19.2 The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.
