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Terms of Trade

Terms and Conditions

Kiwi Living Limited (“the company”) shall only supply goods to you (“the customer”) on the following terms and conditions unless we agree, in writing, to vary these terms and conditions prior to completion of your order. By proceeding to checkout, you are deemed to have accepted these terms.

1. Price

1.1 The company reserves the right to change its prices without notice.
1.2 Unless otherwise stated, prices do not include freight costs.
1.3 All prices are in New Zealand Dollars.
1.4 All prices include GST.

2. Payment & Delivery

2.1 Payment of the purchase price shall be made when an order is placed. The customer authorises the company to deduct the price and freight from the credit card or bank account nominated by the customer.
2.2 "Delivery" means the date upon which the customer collects the goods or the date the goods are physically delivered to the address nominated by the customer.
2.3 The company will endeavour to comply with all delivery dates agreed in writing but such dates will not be binding on the company.
2.4 The company uses a recognised New Zealand courier company to handle all New Zealand shipping, and will not deliver to PO Boxes.
2.5 All goods are fully trackable and insured until Delivery. You will be issued with a track and trace number when your order is shipped.
2.6 Rural delivery may incur an extra charge. If you live in a rural area, you must select that option in the checkout process to avoid delays with your order.

3. Security for payment

3.1        In consideration of the Company providing, or agreeing to provide the Goods to the Customer or to others at the request of the Customer, the Customer by accepting Delivery of the Goods grants to the Company under the Personal Property Securities Act 1999:
(a)        a Purchase Money Security Interest ("PMSI") in the Goods; and
(b)        agrees that any of the Goods or proceeds of the Goods coming into existence after the date of delivery will come into existence subject to the PMSI granted herein without the need for any further action by any party; and
(c)        acknowledges that it has received valuable consideration from the Company and agrees that it is sufficient; and
(d)        agrees that the PMSI has attached to the Goods and that the attachment of the PMSI has in no way been deferred or postponed from the date recorded herein;
3.2        The Company will retain title until such time as the Customer has paid all amounts owed to the Company in respect of the Goods;
3.3        The Goods will be stored at the Customer's premises and the Customer will not relinquish possession or remove the Goods from these premises except in the ordinary course of its business;
3.4        The Customer will keep the goods in good repair and free of any liens or encumbrances.  For these purposes, the Customer agrees to make the Goods available at any time for the inspection of the Company or its agent(s);
3.5        If the Customer fails to make payment or is in default, as that term is defined in the Personal Property Securities Act 1999 (PPSA), then the Company or its agents may enter the Customer's address and remove the goods without notice or judicial process and the Customer waives any right that may arise as a result of this removal.  Any shortfall on sale of the Goods will be paid by the Customer and/or Covenantor to the Company.

4. Limited Ranges

4.1 Prior to the supply of goods in limited ranges or goods made to order, the company may require a deposit from the customer.
4.2 The company will endeavour to comply with all orders of goods in limited ranges but such orders will not be binding on the company.

5. Disputes and Return of Product

5.1 No claim relating to goods will be considered unless made within seven (7) days of Delivery.
5.2 No goods will be accepted for return without the prior approval of the company.
5.3 All goods must be returned before a refund or replacement is issued.
5.4 All goods must be returned in original packaging and in resale condition. If you have altered the goods or damaged the goods in any way they will not be accepted for return (only items returned under warranty may contain minor wear and tear that in no way caused the product to be damaged).
5.5 All costs incurred in returning a product to the company are the responsibility of the customer.
5.6 If returning goods for a refund, please allow up to 3 business days for receipt of goods, plus an extra 3 business days for a refund to be credited to your card. The company will notify you as soon as your return has been received. Please note that, except if the item is faulty or incorrect, shipping is non-refundable.

6. Risk

6.1 All goods remain at the company’s risk until Delivery.
6.2 Delivery of the goods shall be deemed complete upon Delivery and/or when possession of the goods is given to a carrier, courier, or other bailee for purposes of transmission to the customer.
6.3 The time agreed for Delivery shall not be an essential term of these terms and conditions unless the customer gives written notice to the company making time of the essence.

7. Privacy Policy

7.1 Customer’s details required to create an account are used exclusively for the purpose of completing an order. The company will not sell, share or pass on your information to any third party in any form without your express permission.
7.2 All credit card transactions are processed by DPS and the company does not store credit card details in any form. When entering your credit card details on this website they are protected by a secure, encrypted connection to ensure they can not be intercepted by a third party.
7.3 From time to time the company may send out newsletters to inform customers of new products and specials. Subscription to this is voluntary and can be cancelled via your account menu at any time. Emails are handled by the company and not a third party.

8. Limitation of Liability

8.1 The company’s liability to the customer shall be limited to the replacement of any goods supplied to the customer.
8.2 The company shall not be liable for delay or failure to perform its obligations if the cause of delay or failure is beyond its control including suppliers not supplying their products or services on time.
8.3 Any links provided on this website are purely for research purposes only. The company in no way controls the content of any external site and will in no way be held liable for any loss and/or damage received from those linked sites.
8.4 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods from the company for the purposes of a business in terms of sections 2 and 43 of the Consumer Guarantees Act 1993.

9. Miscellaneous

9.1 Failure by the company to enforce any of these terms and conditions shall not be deemed to be a waiver of any of the rights or obligations the company has under these terms and conditions.
9.2 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
9.3 The Laws of New Zealand govern our trading and the customer agrees with the company to submit to the non-exclusive jurisdiction of the Courts of New Zealand and agree that any legal proceedings may be heard in those Courts.
9.4 The copyright in all images and designs used on this site is owned by either the company or one of the company’s partners. No images, content or information may be copied or re-used in any form without the company’s prior permission. This includes linking to images on this website directly from your site.
9.5 The company reserves the right to update these terms and conditions from time to time.

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