Terms and Conditions of Supply
This page (together with our Privacy Policy and Terms of Website Use tells you information about us, our online service, and the legal terms and conditions (Terms) on which the products (Products) listed on our website (our site) are supplied to you. Products will be supplied either by us or, where they are identified on our site as Direct Import Products, by an overseas supplier. In these Terms, Supplier means either us or such overseas supplier. In the case of Direct Import Products, you are purchasing the Products directly from the overseas supplier and we are acting as their agent. These Terms will apply to any contract for the sale of Products by the Supplier to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any Products, you agree to be bound by these Terms and the other documents expressly referred to in them. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. If at any time you do not agree to these Terms of Service, please do not use this Site.
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Products
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 a device's display of the colours accurately reflects the colour of the Products. Your Product (including any packaging of the Product) may vary slightly from those images.
All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.
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Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read them, as they include important terms which apply to you.
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How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read it, as it includes important terms which apply to you.
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Age
You may only purchase Products from our site if you are at least 18 years old.
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How the Contract is formed
Our order process allows you to check and amend any errors before submitting your order to us.Please take the time to read and check your order at each page of the order process. Once you have placed your order, you will be able to view it at any time in My Order under My Account in the top right hand corner of the homepage on our site.
We will send you an email acknowledging receipt of your order and confirming whether we, or an overseas supplier, will be the Supplier after we receive your order (including your payment) (Order Confirmation). The Order Confirmation will give you an estimated delivery time.
Your order constitutes an offer to the Supplier to buy the Product. Acceptance of your order will only take place when we send you the Order Confirmation, at which point a Contract will come into existence between the Supplier and you.
If your order cannot be accepted, we will inform you and will refund you any sums you have paid. This might be, for example, because the Product is out of stock or no longer available, or because we have identified an error in the price or description of the Product.
If you change your mind, you may cancel your order for a Product by contacting us at any time before the Product is despatched to you or the relevant sale has ended. If the Product has been despatched, it will be shown as sent in My Order under My Account in the top right hand corner of the homepage of our site. If the order is cancelled, we will refund you any sums you have paid.
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Our right to vary these Terms
We may revise these Terms from time to time including, in particular, to reflect changes in:
(a) how we accept payment from you;
(b) delivery arrangements; and
(c) relevant laws and regulatory requirements.
Every time you order Products from our site, the Terms in force at that time will apply to the Contract.
Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
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Right of return
Details of your right to return Products are set out in ourReturns Policy.
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Delivery
Details in relation to delivery of Products, including delivery charges and estimated delivery timeframes, are set out in our Delivery Information page.
A Product will be your responsibility from the time the Product is delivered to the address you gave us.
You own a Product once the Product is delivered to you or, if earlier, once we have received payment in full, including all applicable delivery charges.
If supply of a Product is delayed by an event outside the Supplier's control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, neither we (nor, where we are not the Supplier, the Supplier) will be liable for delays caused by the event.
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Prices of Products
The price of the Product will be the price indicated on the order pages when you placed your order. All prices are in New Zealand dollars and include New Zealand GST (if any). We take all reasonable care to ensure that the price of the Product advised to you is correct. However, please see clause 9.4 for what happens if we discover an error in the price of the Product you order.
Prices for Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
The price of the Product does not include delivery charges. Our delivery charges for the Product will be indicated on the order pages when you place your order.
It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. The Supplier is under no obligation to supply the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing.
If you order a Product for delivery outside New Zealand, or where a Product is supplied by an overseas supplier, the Product may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of these duties and taxes. Where the Product is shipped from overseas, you agree that you act as importer of it, it is for private use only, and you will complete any necessary forms and declarations.
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How to pay
We accept payment with Visa and Mastercard. You can also choose to pay in instalments with Afterpay.
Payment for Products and all applicable delivery charges is required in advance (or by using Afterpay), at the time you place your order.
Where your account has a credit balance, this will automatically be deducted from the payment required for your order. Please note, however, that a credit cannot be used to pay delivery charges.
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Our right to end the Contract
In some cases, even after acceptance of your order, a Product may cease to be available. In that case, the Supplier may propose an alternative item (of equal or greater value) and, if that item is accepted by you, the Supplier will supply that item instead of the original Product. If an alternative item is not proposed (or you do not accept it), the Contract will be at an end and we will refund you any sums you have paid
We may end the Contract if you provide us with any information which is incorrect or fraudulent (or which we have reasonable grounds to suspect is incorrect or fraudulent).
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Supplier's liability to you
If the Supplier fails to comply with these Terms, neither we (nor, where we are not the Supplier, the Supplier) is responsible for any loss or damage that is not foreseeable.
The Supplier only supplies the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, neither we (nor, where we are not the Supplier, the Supplier) will have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Supplier does not in any way exclude or limit its liability under the Consumer Guarantees Act 1993.
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Communications between us
You can contact us by telephoning our customer service team on 09 973 5442, by using the "ask a question" function on the contact page on our site, or by writing to us at members@onceit.co.nz.
If we have to contact you we will do so by telephone or by writing to you at the email or postal address you provided to us in your order.
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Other important terms
The Supplier may transfer its rights and obligations under a Contract to another organisation, but this will not affect your rights under the Contract. We will always notify you by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
This Contract is between you and the Supplier. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If the Supplier fails to insist that you perform any of your obligations under these Terms, or the Supplier does not enforce its rights against you, or if the Supplier delays in doing so, that will not mean that the Supplier has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Supplier does waive a default by you, the Supplier will only do so in writing, and that will not mean that the Supplier will automatically waive any later default by you.
Please note that these Terms are governed by New Zealand law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by New Zealand law. Any such dispute or claim shall be subject to the non-exclusive jurisdiction of the New Zealand courts.