Terms of Trade
Outdoor Concepts Limited is the owner and publisher of the content contained in this website (referred to as "our", "us", "we").
In these terms:
(1) “You”, means anyone who visits or uses this website
(2) "Order" means an offer made by you in response to an invitation to treat made by us on the website
(3) “Third party” includes any agent or contractor of us, and any person engaged by us, in the creation, provision or maintenance of the website or in the fulfilment of orders made through the website.
(4) “Goods" means any goods that form part of our inventory supplied by us to you
We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change.
2. Intellectual Property
This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by us, or in some cases third party, and unless stated, is copyright. These intellectual property rights are protected by New Zealand and international laws.
You may view our website and its contents for personal use only, and as such this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
3. Guests and Registered Users
You may access or use the website as a ‘guest’ or as a ‘member’. To become a member of the website, you must upon request provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you.
You agree to keep your membership details current at all times by accessing your account via the website or by contacting us.
You must keep your password secure and you are responsible for any activity using your membership. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. If you forget your password you may click on the relevant link located on the website and we will email you a new password.
We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
4. Product Catalogues and Orders
This website and the information on it constitute an invitation to treat and not an offer to sell or supply products.
You and we may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic Order for the products using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) our acceptance of that offer in accordance with these Sales Terms.
You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) where the content of any images, links and/or videos shown for any particular product listed differ from the textual description of that product, the textual description is taken to prevail and reflect the true specifications of that product.
All prices on this website are in New Zealand dollars and are inclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason.
All payments must be made by you in full.
Payments must be made via the secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched.
To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card is fraudulently used or is used in an unauthorised manner.
If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
7. Delivery by Post or Carrier
The terms of this clause apply where you select to have your goods delivered to a specified address.
The delivery address must be a physical address within New Zealand (or elsewhere where agreed) and cannot be a PO Box or a freight forwarding location.
On our acceptance of your Order, your Order will be dispatched to you to your specified delivery address generally within 10 business days of the date you placed your Order.
We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
You must advise at the time you place your Order via the website, or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as remote rural locations, restricted access, stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
We cannot accept responsibility for delivery failures or delays by our third party delivery contractor. We will use all reasonable endeavours to see that deliveries are made according to schedule, but shall not be responsible for delivery delays due to causes beyond our control.
Ownership in the Goods shall not pass upon delivery, but shall remain with us until full payment of all monies owing by you to us has been made.
8. Risk and Delivery
Risk in respect of the Goods sold shall pass to you when the Goods are delivered to you or your carrier, or the time you pay for the Goods, whichever is the earlier.
Risk in the Goods in our possession for servicing remains with you. It is your responsibility to insure the Goods, even if we have arranged transportation of the Goods
9. Damaged Products and Acceptable Quality
If any product ordered by you arrives damaged or is not of acceptable quality you may have:
(a) legal rights and remedies under the New Zealand Consumer Guarantees Act 1993 (“CGA”); or
(b) the right to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
If your Order arrives damaged or is not of acceptable quality, please contact us at the first available opportunity.
If you are acquiring goods for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods.
Details of warranties available, if any will be provided upon request but are subject to the terms contained within this clause. Except to the extent of written warranties given by us to you, all warranties and representations in respect of Goods sold or services supplied are excluded, including (to the extent permitted by law) those expressed or implied by law. Where any written warranty conflicts with the following terms, these terms should apply.
We shall not be liable:
(a) Where you have altered or modified the Goods, mis-applied the Goods, or have subjected them to any unusual or non-recommended use servicing or handling:
(b) For loss caused by any factors beyond our control;
(c) For any indirect or consequential loss of any kind:
(d) Where the terms of any written warranty nave not been complied with, or any manufacturers' handbook provided to you has not been complied with.
Our total liability under any warranty for defective or damaged Goods supplied by us, or in relations of services is limited at our option to either:
(a) replacing or repairing the defective or damaged Goods; or
(b) refunding the price of the defective or damaged Goods.
Any Goods returned to us must be returned freight paid. You can claim for any reasonable freight charges. Where we elect to repair defective Goods, we will use all reasonable endeavours to repair the Goods as soon as possible, but will not be liable for any delay in completing the repairs.
The customer shall immediately upon receipt of the goods supplied fully inspect such goods and satisfy that the goods are correct. If the customer is unsatisfied the customer must immediately contact the vendor and communicate full details of such dissatisfaction. Unless the above procedure is followed the vendor is entitled to assume that the goods are correct and therefore no returns, claims or refunds will be made.
Please choose carefully as we are not obliged to provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
Refunds will be issued at the discretion of Outdoor Concepts Ltd. Refunds will normally be processed within seven (7) days.
12. Disclaimer and Indemnity
To the extent permitted by law we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; or
(g) the quality or fitness for any purpose of any product or of any linked sites.
Except as expressly provided in these terms, and to the fullest extent allowed by the law, we and our third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
You will at all times indemnify, and keep indemnified, us, our directors, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Sales Terms.
Nothing in these Sales Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Sales Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Sale Terms.