TERMS AND CONDITIONS

Definitions

“GST” means goods and Services tax as defined in the Goods and Services Tax Act 1985.

“Order Form” means an order submitted by you to Crafty Gatherer via telephone, email or Website for the purchase of Products.

“Price” means the total amount payable by you for the Products including all delivery costs (including freight and carriage by any means), import/export costs, insurance costs, and any other fees, surcharges or other charges payable by you.

“Price List” means the current list of prices for our Products which will be quoted to you by Crafty Gatherer. Prices are available by viewing our Website

“Products” means any products provided by us to you and includes without limitation any related or associated Products, fees or charges from us to you.

“Terms” means these Terms of Trade (as amended from time to time).

“We”, “us”, “our” and “Crafty Gatherer” means any legal entity undertaking business using the Crafty Gatherer brand.

“Website” means www.craftygatherer.com and  www.craftygatherer.co.nz

“You” and “your” means the person(s) or entity(ies) named as the customer on the Order Form.

Acceptance

a)         All Products provided by Crafty Gatherer will be governed by these Terms which may be updated or amended from time to time by Crafty Gatherer without notice.

b)         By placing an Order Form with Crafty Gatherer, you are deemed to have accepted these Terms without amendment. Once this occurs, you may not cancel or reverse your order unless otherwise provided in these Terms.

c)         These Terms constitute the sole understanding of the parties in relation to its subject matter and supersede all prior understandings, written or oral, which will be of no further force or effect.

Customers

a)         You may be required to provide personal information when requesting our Products via telephone, email or our Website.

b)         You authorise us to collect, retain and use any information about you in accordance with these Terms or as permitted by the Privacy Act.

c)         You authorise us to use the information we collect to help us to provide products and services to you, to verify your identity, to occasionally notify you about important functionality changes to our website and to send you marketing communications and information about products and services that we consider may be of interest to you.

Price

a)         Unless otherwise agreed by us, the price of the Products we supply you will be as specified in the Price List. The Price List is in New Zealand dollars and is inclusive of GST unless specifically stated otherwise. You will pay all applicable GST in addition to the Price. 

b)         We reserve the right to withdraw any special discounts or arrangements at any time without any reason.

Payments

a)         You must select an approved method of payment when submitting an Order Form. Once an order is made it may not be cancelled, unless we agree otherwise.

b)         We reserve the right to require that payment in full be made in advance for any Products.

c)         In cases where Crafty Gatherer has agreed that payment in advance is not required, full payment will be required 7 days following the date of invoice which will be sent with the Products to the location and by the method specified by you in your Order Form.

d)         We reserve the right to charge you for any bank charges associated with processing your payment (e.g. foreign exchange charges, dishonoured cheques, etc.).

e)         You may request that we invoice a third party for payment of our Products.  In this case you remain liable to pay that invoice if the third party does not pay any invoice in full when due.

f)          We reserve the right at any time to terminate this and/or any other agreement between us if you do not make payment of any amounts due to us on or before the due date for payment, indicate that you will not pay any sums by the due date, fail to comply with your obligations under these Terms, or suffer an insolvency event.

Overdue Accounts

a)         Without prejudice to our other rights and remedies under these Terms or at law if you fail to make payment of any amount due to us by the due date, we may:

(i)         take immediate action to recover overdue debt;

(ii)        withhold Products until payment is received;

(iii)       charge default interest on the amount owing at the rate of 10% per month or part month from the due date for payment until payment is received in full (both prior to and following any judgment obtained);

(iv)       cancel any rebates or discounts (whether or not previously credited); and

(v)        recover from you any debt collection charges including commission from any debt collection agencies.

Delivery

a)         Delivery of the Products shall be made by us to the place and by the method specified by you in the Order Form. You must specify the exact location for delivery in the Order Form. You will pay all costs of such delivery (including freight and carriage, import export costs, insurance costs and any other fees, taxes or costs).

b)         If we believe the Products will not be available for any reason whatsoever for delivery within 10 days of receiving your payment, we will advise you of a new estimated delivery date.

c)         Without prejudice to any of the rights or remedies available to us, risk in the Products shall pass to you upon delivery. Delivery of Products shall be deemed to be made to you when the Products are first dispatched from Crafty Gatherer in Papamoa Hills, or collected by you or your agent.  All carriers, including couriers, are deemed to be your agents.

d)         Any timeframes set out in an Order Form for delivery or advised by Crafty Gatherer are an estimate only.

e)         Title to the Products shall remain with us until the price has been paid in full.

Liability

a)         To the extent permitted by law, in no event shall we be liable to you under, or in connection with these Terms and/or the supply of our Products (whether in contract, tort or otherwise) for consequential losses or damages, indirect loss or any economic loss or loss or profits.

b)         You acknowledge that we are not liable for any error, non-performance or breach of any of our obligations to you under these Terms as a direct or indirect result due to a cause outside of our control, or on the basis of erroneous or faulty information and/or Products provided by you to Crafty Gatherer.

c)         To the extent that our liability is not otherwise limited or excluded, and to the fullest extent permitted by law, our aggregate liability to you whether in tort, contract or otherwise for any loss damage or injury in relation to the Products we supply you is limited to the price paid by you for the Products in respect of which the claims or claims are made.

d)         To the fullest extent permissible by law:

(i)        all warranties, conditions or other terms implied by law are excluded;

(ii)       you agree not to make and waive any right to make, any claim against us under sections 9, 12A and 13 of the Fair Trading Act 1986 and you agree this is fair and reasonable; and

(iii)      you acknowledge that if you acquire our Products for a business purpose, the provisions of the Consumer Guarantees Act 1993 shall not apply.

Warranties

a)         In the event that the Products sold are found to be defective or faulty within a period of 2 years after delivery and such defects are due to manufacture of the Products (and not, for example, due to fair wear and tear, or misuse or other circumstances outside of our control), then Crafty Gatherer agrees (at its option) to repair, replace or refund the defective or faulty product.

b)         All Products must be returned and inspected before any refund, repair or replacement will be granted.

c)         We do not accept returns outside of New Zealand unless you pay the costs of delivery, customs fees and taxes on re-entry back into New Zealand.

d)         Only when required by law will we refund or exchange items that have been specifically custom made or altered for you.

Intellectual Property

a)         All intellectual property rights created during us selling our Products for you will vest in us immediately upon the intellectual property being created. Everything on our Website, unless otherwise stated, is copyright. This includes, but is not limited to, the design, layout, look, appearance and graphics on our Website.

b)         We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of our Website without the express permission of Crafty Gatherer.

Miscellaneous

a)         No waiver of any provision of these Terms will serve as a waiver of any other provision of these Terms and we will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by us.

b)         If any provision in these Terms will be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired. 

c)         These Terms will be deemed to be made in New Zealand and will be construed and governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.