Terms and Conditions

Our companys terms and conditions for online sales in New Zealand are governed by various laws, including the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Contract and Commercial Law Act 2017, among others. The following is a summary of the principles of our terms and conditions

Product/Service Description: Clear and accurate descriptions of what is being sold. * Pricing and Payment: Details on pricing, accepted payment methods, and when payment is due. * Order Acceptance: When an order is considered accepted by the seller. * Shipping and Delivery: Information on shipping costs, estimated delivery times, and delivery methods. * Returns, Refunds, and Cancellations: Policies regarding returns, exchanges, refunds, and order cancellations, aligning with the Consumer Guarantees Act. * Consumer Guarantees: Acknowledgment of consumer rights under the Consumer Guarantees Act. * Warranties: Any additional warranties offered by the seller. * Limitation of Liability: Clauses limiting the seller’s liability (within legal boundaries). * Intellectual Property: Protection of the website’s and products’ intellectual property. * Privacy Policy: How customer data is collected, used, and protected, in compliance with the Privacy Act 2020. * Dispute Resolution: How disputes will be handled. * Governing Law: Stating that New Zealand law governs the terms and conditions. * Changes to Terms: How and when the terms and conditions may be updated.

The following is a more detailed breakdown of the key New Zealand laws that govern our companys online sales and the essential components of our terms and conditions that we comply with: Key New Zealand Laws Affecting Online Sales Terms and Conditions: * Consumer Guarantees Act 1993 (CGA): * This is fundamental. It provides consumers with a set of guarantees about goods and services purchased from businesses in New Zealand. These guarantees are implied into every sale and cannot be contracted out of for consumer sales. * Goods must be: * Of acceptable quality (fit for purpose, acceptable in appearance and finish, free from minor defects, safe, and durable). * Fit for any particular purpose the consumer made known to the seller. * Match their description and any sample or demonstration model. * Reasonably priced if no price was agreed. * Delivered on time if the supplier is responsible for delivery. * Have spare parts and repair facilities available (for goods where this is reasonable). * Services must be: * Carried out with reasonable care and skill. * Fit for any particular purpose the consumer made known to the supplier. * Completed within a reasonable time if no time was agreed. * Reasonably priced if no price was agreed. * Remedies for breach: The CGA outlines remedies for consumers, including repair, replacement, or refund, depending on the nature of the failure (minor or substantial). Our terms and conditions must reflect these rights. * Fair Trading Act 1986 (FTA): * This Act prohibits misleading and deceptive conduct, false representations, and unfair practices in trade. It applies broadly to all businesses, including online sellers. * Key implications for online sales: * All information on your website (product descriptions, pricing, promotions, claims) must be accurate, clear, and not misleading. This includes images, advertising, and even what you don’t say if it creates a false impression. * You cannot make unsubstantiated claims (claims you don’t have reasonable grounds to believe are true). * You must clearly disclose important information, such as extra fees, GST inclusion, and country of origin labels where required. * It prohibits “unfair contract terms” in standard form consumer contracts if they cause a significant imbalance in rights and obligations to the detriment of the consumer, and are not reasonably necessary to protect legitimate business interests. * You must clearly disclose that you are “in trade” if you are a business selling online, so consumers know they are protected by the CGA and FTA. * Contract and Commercial Law Act 2017 (CCLA): * This Act consolidates various contract and commercial laws in New Zealand. It governs the formation, performance, and remedies for breach of contracts, including online sales contracts. * Relevant aspects: * It outlines conditions and warranties implied in contracts for the sale of goods (similar to some CGA aspects but also applies to business-to-business sales where the CGA can be excluded). * It includes provisions on contractual mistakes, misrepresentation, and remedies for breach of contract. * It clarifies that electronic communications and transactions are legally binding. * Privacy Act 2020: * If you collect, store, or use personal information from your customers (which you will for online sales), you must comply with the Privacy Act. * Our terms and conditions reference our Privacy Policy, which must clearly outline: * What personal information you collect. * Why you collect it. * How you use and store it. * Who you share it with. * How customers can access and correct their information. * How they can contact you regarding their privacy. * Your commitment to keeping data secure.Standard Sections for Online Sales Terms and Conditions (NZ Context):Given the above laws, a comprehensive set of terms and conditions for online sales in New Zealand would typically include: * Introduction & Acceptance of Terms: * Statement that by using the website and placing an order, the user agrees to be bound by the T&Cs. * Define “you,” “we,” “website,” “goods,” “services,” “order,” etc. * Seller Information: * Your full legal trading name. * Your physical business address (not just a PO Box, but city/country is acceptable if operating from a personal address). * Contact details (email, phone number, mailing address). * Clear statement that you are “in trade” for the purposes of the FTA and CGA. * Product/Service Information: * Accurate descriptions of goods/services. * Pricing (including GST if applicable) and any additional charges (e.g., shipping, payment surcharges). * Currency used (NZD). * Availability of products. * Ordering and Contract Formation: * How an order is placed. * When an order is considered accepted by you (e.g., upon dispatch, or after payment confirmation). * Confirmation of order process. * Payment: * Accepted payment methods. * Payment security measures (e.g., SSL certificate). * When payment is due. * Shipping and Delivery: * Shipping costs and methods. * Estimated delivery times. * What happens if delivery is delayed (customer notification, option to cancel/refund). * International shipping details if applicable (customs, duties, taxes). * Returns, Refunds, and Cancellations (Crucial for CGA Compliance): * Clear policy outlining consumer rights under the Consumer Guarantees Act (e.g., acceptable quality, fit for purpose). * Process for returning faulty or non-conforming goods/services. * Timeframes for reporting issues. * Policy on change-of-mind returns (you are not legally obligated to offer these, but if you do, clearly state the conditions). * Cancellation policy for orders. * Consumer Guarantees & Warranties: * Explicitly state that the terms are subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. * Any additional warranties offered by your business. * Limitation of Liability: * Clauses limiting your liability, but always acknowledging that these limitations do not apply where they would be contrary to the CGA or FTA. * Intellectual Property: * Ownership of content on your website (text, images, logos). * Restrictions on website use (e.g., no copying, reproducing, or distributing content without permission). * Privacy Policy: * A link to your full Privacy Policy and a brief statement about data collection and use. * Dispute Resolution: * How disputes will be handled (e.g., initial contact with customer service, mediation). * Governing Law: * Clearly state that the terms and conditions are governed by the laws of New Zealand. * Changes to Terms: * Your right to update the terms and conditions and how users will be notified of changes.Important Considerations: * Clarity and Prominence: Your terms and conditions must be easy to find, read, and understand. Avoid overly legalistic jargon where possible. Key terms (like price, delivery, returns) should not be buried in fine print. * Active Acceptance: It’s best practice to require users to actively agree to your terms and conditions (e.g., by clicking an “I agree” checkbox) before completing a purchase. * Business-to-Business (B2B) vs. Business-to-Consumer (B2C): If you sell to both consumers and businesses, note that certain protections (like the CGA) can be contracted out of for B2B transactions, provided it’s fair and reasonable and in writing. You may need separate terms or specific clauses for B2B sales.