Terms & Conditions

  • Definitions
      1. “Access Details” means the pieces of confidential information (such as usernames and passwords) supplied by the Trader to the Client, that are used to facilitate the Client’s use of the Website.
      2. Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Trader to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
        1. if there is more than one Client, is a reference to each Client jointly and severally; and
        2. if the Client is a partnership, it shall bind each partner jointly and severally; and
        3. if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
        4. includes the Client’s executors, administrators, successors and permitted assigns.
      3. Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract. 
      4. Cookies” means small files which are stored on a user’s computer.  They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and Website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using the Trader’s Website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the Website, prior to making enquiries via the Website. 
      5. Goods” means all Goods or Services supplied by the Trader to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
      6. Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods as agreed between the Trader and the Client in accordance with clause 6 below.
      7. Trader” means Rose Willis T/A Magic At Willis, its successors and assigns.
      8. “Website” means a location, owned/leased by the Trader, which is accessible on the Internet through the World Wide Web and which displays the Goods available for purchase (and where the context so permits shall include the provision of “Services”, as hereinafter defined).

  • Acceptance
      1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods.
      2. These terms and conditions are to be read in conjunction with the Trader’s Website Terms of Use. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
      3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties. 
      4. The Client acknowledges that the supply of Goods on credit shall not take effect until the Client has completed a credit application with the Trader and it has been approved with a credit limit established for the account.
      5. In the event that the supply of Goods requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, the Trader reserves the right to refuse Delivery.
      6. All Goods supplied by the Trader shall be in accordance with the specifications or descriptions (if any) expressly listed or set out on the Website or order. No other specification, descriptive material, written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into the order.
      7. The Client acknowledges and accepts that:
        1. this Contract forms a legally binding Contract under applicable law, and as such, the Client warrants that they are at least eighteen (18) years of age at the time of entering in this Contract, and that they are of full legal capacity. In the event the Client is under this age, the Trader shall require the details (and acceptance of this Contract) of at least one parent and/or guardian, who will take full responsibility for the Client and guarantee the Client’s obligations hereunder are met and have provided the Trader with complete, accurate and current personal information; and
        2. where the Client receives any false emails, the Trader will never ask the Client to confirm any account or credit card details via email. If an email is received claiming to be from the Trader asking for such information, the Client should not reply in the first instance but forward this email request to the Trader so that the business may advise the relevant authorities.
      8. Any advice, recommendation, information, assistance or service provided by the Trader in relation to Goods or Services supplied is given in good faith to the Client, or the Client’s agent and is based on the Trader’s own knowledge and experience and shall be accepted without liability on the part of the Trader. Where such advice or recommendations are not acted upon then the Trader shall require the Client or their agent to authorise commencement of the Services in writing. The Trader shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services.
      9. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

  • On-Line Ordering
      1. The Client acknowledges and agrees that:
        1. the Trader does not guarantee the Website’s performance;
        2. display on the Website does not guarantee the availability of any particular Goods; therefore, all orders placed through the Website shall be subject to confirmation of acceptance by the Trader;
        3. on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
        4. there are inherent hazards in electronic distribution, and as such the Trader cannot warrant against delays or errors in transmitting data between the Client and the Trader including orders, and you agree that to the maximum extent permitted by law, the Trader will not be liable for any losses which the Client suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
        5. packaged multiple card orders, may be purchased individually, any such order for individual purchase requested will be confirmed by the Trader to the Client at the time of purchase;
        6. when making a transaction through the Website, the Client’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the Client’s information cannot be read by or altered by outside influences;
        7. if the Client is not the cardholder for any credit card being used to pay for the Goods, the Trader shall be entitled to reasonably assume that the Client has received permission from the cardholder for use of the credit card for the transaction.
      2. The Trader reserves the right to terminate the Client’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of the Trader’s business, or violated these terms and conditions.

  • Errors and Omissions
      1. The Client acknowledges and accepts that the Trader shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
        1. resulting from an inadvertent mistake made by the Trader in the formation and/or administration of this Contract; and/or
        2. contained in/omitted from any literature (hard copy and/or electronic) supplied by the Trader in respect of the Services.
      2. In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of the Trader; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid. 

  • Change in Control
      1. The Client shall give the Trader not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address and contact phone or fax number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by the Trader as a result of the Client’s failure to comply with this clause.

  • Price and Payment
      1. At the Trader’s sole discretion the Price shall be either:
        1. as indicated on any invoice provided by the Trader to the Client; or
        2. the Price as at the date of Delivery of the Goods according to the Trader’s current Price list; or
        3. the Trader’s quoted Price (subject to clause 6.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
      2. The Trader reserves the right to change the Price:
        1. if a variation to the Goods which are to be supplied is requested; or
        2. if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
        3. in the event of increases to the Trader in the cost for overseas transactions, that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges which are beyond the Trader’s control.
      3. Variations will be charged for on the basis of the Trader’s quotation, and will be detailed in writing, and shown as variations on the Trader’s invoice. The Client shall be required to respond to any variation submitted by the Trader within ten (10) working days. Failure to do so will entitle the Trader to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
      4. At the Trader’s sole discretion a deposit may be required. 
      5. Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Trader, which may be:
        1. prior to dispatch of the Goods; 
        2. payment due in advance, where the order is made in respect of a specialised non-stockist item;
        3. the date specified on any invoice or other form as being the date for payment; or
        4. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Trader. 
      6. Payment may be made by cash, electronic/on-line banking, Paypal, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the Trader.
      7. The Trader may in its discretion allocate any payment received from the Client towards any invoice that the Trader determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Trader may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Trader, payment will be deemed to be allocated in such manner as preserves the maximum value of the Trader’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
      8. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Trader nor to withhold payment of any invoice because part of that invoice is in dispute.
      9. Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Trader an amount equal to any GST the Trader must pay for any supply by the Trader under this or any other Contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

  • Provision of the Services
      1. Delivery (“Delivery”) of the Goods is taken to occur at the time that the Trader (or the Trader’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
      2. At the Trader’s sole discretion the cost of delivery is included in the Price and shall be transported by the Trader’s preferred supplier (NZ Post/Courier), details stated as per the Website.
      3. The Client acknowledges and accepts that where the Trader is to supply Goods that the Trader has received already “Sealed” and ready for re-delivery, the content and condition of Goods will be unknown, thereby; the Trader accepts no liability for loss or damage in this instance.
      4. Any time specified by the Seller for Delivery of the Goods is an estimate only. The Buyer must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery. The Seller will not be liable for any loss or damage incurred by the Buyer as a result of Delivery being late. In the event that the Buyer is unable to take Delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery and/or storage.

  • Risk
      1. Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
      2. If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Trader is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Trader is sufficient evidence of the Trader’s rights to receive the insurance proceeds without the need for any person dealing with the Trader to make further enquiries. 
      3. If the Client requests the Trader to leave Goods outside the Trader’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.

  • Title
      1. The Trader and the Client agree that ownership of the Goods shall not pass until:
        1. the Client has paid the Trader all amounts owing to the Trader; and
        2. the Client has met all of its other obligations to the Trader.
      2. Receipt by the Trader of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
      3. It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 9.1:
        1. the Client is only a bailee of the Goods and must return the Goods to the Trader on request;
        2. the Client holds the benefit of the Client’s insurance of the Goods on trust for the Trader and must pay to the Trader the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
        3. the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Trader and must pay or deliver the proceeds to the Trader on demand;
        4. the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Trader and must sell, dispose of or return the resulting product to the Trader as it so directs;
        5. the Client irrevocably authorises the Trader to enter any premises where the Trader believes the Goods are kept and recover possession of the Goods;
        6. the Trader may recover possession of any Goods in transit whether or not Delivery has occurred; 
        7. the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Trader; and
        8. the Trader may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

  • Personal Property Securities Act 1999 (“PPSA”)
      1. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
        1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and
        2. a security interest is taken in all Goods that have previously been supplied and that will be supplied in the future by the Trader to the Client, and the proceeds from such Goods as listed by the Trader to the Client in invoices rendered from time to time.
      2. The Client undertakes to:
        1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Trader may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
        2. indemnify, and upon demand reimburse, the Trader for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
        3. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods or the proceeds of such Goods in favour of a third party without the prior written consent of the Trader; and
        4. immediately advise the Trader of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
      3. The Trader and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
      4. The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
      5. Unless otherwise agreed to in writing by the Trader, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
      6. The Client shall unconditionally ratify any actions taken by the Trader under clauses 10.1 to 10.5. 
      7. Subject to any express provisions to the contrary (including those contained in this clause 10), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 

  • Security and Charge
      1. In consideration of the Trader agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, and the Client grants a security interest in all of its present and after-acquired property, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money). The terms of the charge and security interest are the terms of Memorandum 2018/4344 registered pursuant to s.209 of the Land Transfer Act 2017.
      2. The Client indemnifies the Trader from and against all the Trader’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Trader’s rights under this clause.
      3. The Client irrevocably appoints the Trader and each director of the Trader as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including, but not limited to, signing any document on the Client’s behalf.

  • Defects
      1. The Client shall inspect the Goods on Delivery and shall within forty-eight (48) days of Delivery (time being of the essence) notify the Trader of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Trader an opportunity to inspect the Goods within a reasonable time following Delivery if the Client believes the Goods are defective in any way. If the Client fails to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Trader has agreed in writing that the Client is entitled to reject, the Trader’s liability is limited to either (at the Trader’s discretion) replacing the Goods or repairing the Goods.
      2. Goods will not be accepted for return other than in accordance with 12.1 above, and provided that:
        1. the Trader has agreed in writing to accept the return of the Goods; and
        2. the Goods are returned at the Client’s cost within seven (7) days of the Delivery date; and
        3. the Trader will not be liable for Goods which have not been stored or used in a proper manner; and
        4. the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
      3. The Trader may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of fifteen percent (15%) of the value of the returned Goods plus any freight. 
      4. Subject to clause 12.1, non-stocklist items or Goods made to the Client’s specifications are not acceptable for credit or return.

  • Warranty
      1. To the extent permitted by statute, no warranty is given by the Trader as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. The Trader shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

  • Consumer Guarantees Act 1993
      1. If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 (“CGA”) do not apply to the supply of Goods by the Trader to the Client. 

  • Intellectual Property
      1. Where the Trader has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of the Trader. Under no circumstances may such designs, drawings and documents be used without the express written approval of the Trader.
      2. The Client agrees that the Trader may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Trader has created for the Client.

  • Default and Consequences of Default
      1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Trader’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
      2. If the Client owes the Trader any money the Client shall indemnify the Trader from and against all costs and disbursements incurred by the Trader in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Trader’s collection agency costs, and bank dishonour fees).
      3. Further to any other rights or remedies the Trader may have under this Contract, if a Client has made payment to the Trader, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Trader under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
      4. Without prejudice to the Trader’s other remedies at law the Trader shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Trader shall, whether or not due for payment, become immediately payable if:
        1. any money payable to the Trader becomes overdue, or in the Trader’s opinion the Client will be unable to make a payment when it falls due; 
        2. the Client has exceeded any applicable credit limit provided by the Trader;
        3. the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
        4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

  • Cancellation
      1. Without prejudice to any other remedies the Trader may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Trader may suspend or terminate the supply of Goods to the Client. The Trader will not be liable to the Client for any loss or damage the Client suffers because the Trader has exercised its rights under this clause.
      2. The Trader may cancel any Contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Trader shall repay to the Client any money paid by the Client for the Goods. The Trader shall not be liable for any loss or damage whatsoever arising from such cancellation.
      3. In the event that the Client cancels Delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Trader as a direct result of the cancellation (including, but not limited to, any loss of profits).
      4. Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

  • Privacy Policy
      1. All emails, documents, images or other recorded information held or used by the Trader is “Personal Information” as defined and referred to in clause 18.3 and therefore considered confidential. The Trader acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. The Trader acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by the Trader that may result in serious harm to the Client, the Trader will notify the Client in accordance with the Act.  Any release of such Personal Information must be in accordance with the Act and must be approved by the Client by written consent, unless subject to an operation of law.
      2. Notwithstanding clause 18.1, privacy limitations will extend to the Trader in respect of Cookies where the Client utilises the Trader’s Website to make enquiries. The Trader agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
        1. IP address, browser, email client type and other similar details;
        2. tracking Website usage and traffic; and
        3. reports are available to the Trader when the Trader sends an email to the Client, so the Trader may collect and review that information (“collectively Personal Information”)

    If the Client consents to the Trader’s use of Cookies on the Trader’s Website and later wishes to withdraw that consent, the Client may manage and control the Trader’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site. 

    1. The Client authorises the Trader or the Trader’s agent to:
      1. access, collect, retain and use any information about the Client;
        1. including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice for the purpose of assessing the Client’s creditworthiness; or 
        2. for the purpose of marketing products and services to the Client.
      2. disclose information about the Client, whether collected by the Trader from the Client directly or obtained by the Trader from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
    2. Where the Client is an individual the authorities under clause 18.3 are authorities or consents for the purposes of the Privacy Act 2020.
    3. The Client shall have the right to request (by e-mail) from the Trader, a copy of the Personal Information about the Client retained by the Trader and the right to request that the Trader correct any incorrect Personal Information.
    4. The Trader will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law. 
    5. The Client can make a privacy complaint by contacting the Trader via e-mail. The Trader will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.

  • Service of Notices
      1. Any written notice given under this Contract shall be deemed to have been given and received:
        1. by handing the notice to the other party, in person;
        2. by leaving it at the address of the other party as stated in this Contract;
        3. by sending it by registered post to the address of the other party as stated in this Contract;
        4. if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
        5. if sent by email to the other party’s last known email address.
      2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

  • Trusts
      1. If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Trader may have notice of the Trust, the Client covenants with the Trader as follows:
        1. the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
        2. the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
        3. the Client will not without consent in writing of the Trader (the Trader will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
          1. the removal, replacement or retirement of the Client as trustee of the Trust;
          2. any alteration to or variation of the terms of the Trust;
          3. any advancement or distribution of capital of the Trust; or
          4. any resettlement of the trust property.

  • Jurisdiction
      1. The Website (excluding any linked third party sites) is controlled by the Trader from their principal business premises in New Zealand. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from New Zealand, by accessing this Website, the Client agrees that the laws and statutes of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this Contract, or the Client’s use of the Website, irrespective of any conflict with any laws and statutes applicable to the Client’s country of domicile.
      2. The Client further acknowledges and agrees that the filing of a claim against the Trader (if any) must be made in the city of Christchurch, New Zealand in which their principal business premises in New Zealand is domiciled, and that any legal proceedings will be conducted in English.

  • General
      1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
      2. Subject to the CGA, the Trader shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Trader of these terms and conditions (alternatively the Trader’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
      3. The Trader may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
      4. The Client cannot licence or assign without the written approval of the Trader.
      5. The Trader may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Trader’s sub-contractors without the authority of the Trader.
      6. The Client agrees that the Trader may amend their general terms and conditions for subsequent future Contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for the Trader to provide Goods to the Client. 
      7. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.  This clause does not apply to a failure by the Client to make a payment to the Trader.
      8. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.