Terms and Conditions

The following document contains the Terms and Conditions for using the Nisbets New Zealand Limited (“Nisbets”) website.

Introduction

Welcome to the Nisbets New Zealand website. You are visiting our online shop where you are able to buy goods and services for delivery both within New Zealand.

When you purchase goods and services using Nisbets's website, we will ask you to complete a basic online profile, creating an account with an email login and password. Providing some basic information about yourself will help us to customise your experience on this website to better meet your requirements.

Acceptance of Terms and Conditions

We have created these Terms and Conditions as part of our overall objective to make this website easy to use, reliable, and secure and a valuable experience for you.

These Terms and Conditions apply to the use of this website and the goods and services available through it. By using this website, you are deemed to have read and agree to be bound by these Terms and Conditions.

If you do not accept these Terms and Conditions, you should refrain from using this website.

General Trading Terms and Conditions

Promotional Coupons

Nisbets may run, from time to time, promotional campaigns offering voucher promo code discounts on purchases from this web site. Vouchers need to be applied in the cart page, prior to checkout.

The Fine Print

• Promotional vouchers can only be redeemed at our website, http://www.nisbets.co.nz
• Promotional coupons cannot be applied to orders already placed
• Promotional coupons cannot be applied to GST or handling/freight
• Promotional coupons require items to reach a minimum purchase value before redemption is available, see promotional small print for details.
• No credits are allowed where the purchase amount is less than the amount of the voucher and you have to spend the full voucher amount.
• Only one promotional code may be used per order
• Promotional vouchers may be issued utilising the information contained in your web profile, web site usage and order history - for more information about privacy, please refer to our Privacy Policy.

Money Back Guarantee

Nisbets guarantees the quality of all of our products - you can order from Nisbets with complete confidence. If for any reason you are not totally satisfied with the goods you receive you may return them. Just return the goods within 30 days of receipt of goods, unused and in their original packaging. Please refer below to our Returns and Credit/Refund Policy for details.

Prices, Specifications and Availability

All prices exclude Goods and Services Tax (GST), and handling and freight.

Prices shown on the website can be adjusted to show inc GST, using the toggle at the top of the website.

In addition, Nisbets offers a Price Match Promise which applies to any lower published price for a like-for-like product offered on the same terms in New Zealand. Like-for-like means the goods should be the same brand and specification. The goods must be offered with the same delivery service and the same or equivalent warranty as ours. The competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges. In order to qualify, the price must be published in writing. Our Price Match excludes comparing like-for-like products from companies within the Nisbets group of companies.

Nisbets reserves the right to update prices and specifications at any time without notice. We make great efforts to ensure the prices and specifications of our goods are as accurate and as up to date as possible. However the availability can change rapidly. We therefore accept no liability should any of the goods become unavailable.

Handling and Freight

Handling and freight is calculated in addition to the price of the goods, and costs are based on the aggregate order being shipped (unless otherwise stated on the product selected) and the destination to which the goods are being dispatched in New Zealand.

For overseas shipments and some larger items, we will need to quote you on the cost of handling and freight. Please call for details, we cannot take international orders on the website.

Returns and Credit/Refund Policy

If you return the goods within 30 days of date of receipt of goods unused and in their original packaging – we will refund or credit the full purchase price, excluding handling and freight.

As the goods will have left us in perfect condition you must ensure that they are still in perfect condition before you sign for them. All claims for goods damaged in transit must be made to the carrier immediately on delivery of the goods to you and you must advise us of this.

Requests for return authorisation are required on all goods returned beyond the 30 day money back period. We reserve the right to decline a refund/credit if the goods are not in original condition or if they are returned outside the 30 day time frame.

All requests for proof of delivery must be received within 30 days of order date. To request a claim or return, call or contact us and we will be happy to help you.

Customer Warranties and Indemnities

The Consumer Guarantees Act 1993 (New Zealand) applies only to consumer purchases. If you acquire or hold yourself out as acquiring for the purposes of a business any goods or services to which these Terms and Conditions apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) will not apply to our supply of such goods or services.

In these circumstances the only warranty offered by Nisbets other than as required by New Zealand law (express or implied, or otherwise) is a 12 month warranty for manufacturing faults and you will indemnify us against any failure by you or your customers to properly contract out of liability to business end consumers under the Consumer Guarantees Act 1993 (New Zealand).

Our total liability to you in relation to any faulty goods or services is limited to the price of those goods or services. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.

It should be noted that warranties applicable in New Zealand do not extend beyond those shores.

Risk and Ownership of the Goods

Risk in the goods will pass to you, the customer, upon delivery to you or to the address specified by you. Pending cleared payment in full of all monies due under this contract or in respect of any other monies owed by you to Nisbets the goods will remain the sole and absolute property of Nisbets as legal and equitable owner.

Payment for Purchases

Unless you are a trade business customer of Nisbets with approved trade credit account use on the website, then payment for goods and services on our website can only be made by direct credit/internet banking through your bank to our bank account or by credit card (we accept VISA and MasterCard).

Your credit card will be charged at the time we dispatch your order.

Please note that shipment cannot be done before Nisbets receives the direct credit of the total amount of the order.

Nisbets takes no responsibility for direct credits that do not reach our bank account - in the event that your direct credit is directed to a bank account other than Nisbets, please contact your own bank to resolve this issue.

We will send you a reminder email if we do not receive your direct credit after five working days. We will also confirm by email when we receive your direct credit and your order is being shipped.

Order Fulfilment

Nisbets will endeavour to fill and dispatch all orders received via the secure site by the end of the next business day after receipt of the order, except where the product ordered is not available, in which case you will be notified and will have the option to cancel, vary the order or wait for the product to become available.

Web Site Operating Terms and Conditions

Login and Password

You are fully responsible for all activities that occur under the login and password established by you. You agree to immediately notify us of any unauthorised use of your login, password or account, or any other breach of security. Nisbets will not be responsible for any damages that may result from loss, theft or misuse of any user login and password.

Account Control

Please note these responsibilities for account operation where multiple user are accessing an account;

1. Overall purchasing and web activity of Members on the account is the responsibility of the Owner to manage,
2. Members' status and access is the responsibility of the Owner to manage as circumstances change,
3. Each card owner is responsible for the transactions charged to their credit card / trade account. The normal credit authorisation procedures for credit card companies will apply to Members' use of credit cards.

Trade Customer Login, Password and Orders

Secure ordering on this site is provided for Nisbets’s trade customers, in addition to the general public services. This gives trade customers specific pricing and account information, including the ability to prepare and transmit orders online. Orders placed using the secure site are legal offers to purchase. In particular Nisbets is entitled to accept orders received from the website using a trade customer's login and passwords without further reference to the trade customer. Nisbets's agreed terms of trade for the trade customer will apply to orders received from the website.

The trade customers’ access to the secure site is controlled by a login and password held and controlled by the trade customer itself. Each trade customer is solely responsible for maintaining the confidentiality and security of access of its account with Nisbets through proper and prudent management of the login and password.

As an additional form of security, none of a trade customer’s account details may be changed online, except the login and password. Any changes to other details must be through direct contact with a representative of Nisbets, subject to appropriate verification and approval procedures. Please email requests for changes by contacting us.

Nisbets goes to considerable effort to ensure that each trade customer's account information, accessible through the websites, is accurate and reliable. In the unlikely event of any discrepancy between your records and Nisbets's website records, please advise us.

Information Collected

When you order from Nisbets we gather personal details from you such as your name, billing address, delivery address, phone number, email address and credit card data. This information is used solely to fulfil your order. We do not store credit card details

Your personal information is stored in a secure and responsible way and is not available to unauthorised persons.

Nisbets will hold all information securely and will not disclose except for these purposes or when required by law. The Privacy Act provides you with the right to see and correct personal information about you that Nisbets holds. Refer to our detailed Privacy Policy below.

Site Security

Any contact or credit card details you send us will be processed through a secure page, marked on the page with a padlock symbol. Should you wish to check the Security ID Certificate for the page, click on the padlock to view the page's secure properties. Contrary to popular opinion, websites that employ security features like ours, offer you more effective protection than most offline merchants that accept credit cards.

Cookies are used throughout your shopping experience to enable us to keep track of your purchases. If you have not done so, please enable cookies on your browser. Refer to our detailed Privacy Policy.

Specific Warning on Access to Site

You must take your own precautions to ensure that the means you employ to access this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website.

Linked Web Sites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Nisbets is not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites including further links contained on those linked websites, unless and to the extent stipulated to the contrary.

Interacting with the Web Site

You may not do any of the following on or in relation to the Nisbets site:

1. publish or distribute material that is defamatory, unlawful, objectionable, obscene or in breach of confidence or privacy;
2. harass, threaten, stalk or abuse others or otherwise violate their legal rights or behave in a manner that causes annoyance or inconvenience;
3. send or receive material protected by intellectual property laws or any other laws unless the you own those rights or have received all necessary consents;
4. send material containing viruses or any corrupted data
5. use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website, the delivery of the goods and services, or any network or system underlying or connected to them;
6. use this website or any information or other material from this website for any commercial purpose;
7. remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or
8. copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these Terms and Conditions).

Site Availability and Accuracy

Nisbets will use all reasonable endeavours to ensure the continued availability of the website (the objective is 24 hours a day, 7 days a week) and the accuracy of the data on the site, but does not warrant or guarantee that the websites will be continuously available or error free.

Disclaimer for Web Site Display/Content/Information

We will make our best endeavours to ensure that information provided through this website is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date. For example (but without limitation):

1. Prices and colours of products may change, and all products are subject to availability;
2. Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
3. While we try to represent products (including colours) accurately, the representation on your screen may be different to the actual product for various reasons;
4. Due to technical or human error, information may be recorded incorrectly or omitted;
5. Some pictures of products include inserts and/or display items which are not included in the price but are used to enhance the product presentation.

We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website, other than as covered under our Money Back Guarantee policy.

Disclaimer for Use of Web Site

We do not accept responsibility for any loss, damages or costs, however caused (including through negligence), damages (including special, indirect or consequential loss or damage), whether in an action in contract, negligence or other tort, which you may directly or indirectly suffer in connection with your use of this website, any linked website or any services available through this website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on any information contained on or accessed through this website, any linked website or any of the services available through this website.

You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

Other Legal Stuff

Applicable Law

All goods and services Nisbets provides through the website are provided in New Zealand under New Zealand law. The New Zealand courts will have non-exclusive jurisdiction over any action in relation to these Terms and Conditions and the website.

Recovery of Legal Expenses

In the event it is necessary for any party to undertake legal action to enforce any of the terms, conditions or rights contained herein, or to defend any such action, or to prevent any breach, then the prevailing party in any such action will be entitled to recover from the other party all reasonable attorney fees, costs and expenses relating to such legal action.

Remedies for Liability

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of or our liability under such a condition or warranty, that condition or warranty will be included but our liability will be limited for a breach of that condition or warranty to one or more of the following (at our option):

1. supplying the goods or services again;
2. supplying equivalent goods or services;
3. repairing the goods;
4. paying the cost of supplying the goods or services again, or of acquiring equivalent goods or services; or
5. refunding the price you paid us for the goods or services.

This exclusion does not prevent you getting a court order you are entitled to that requires us to do anything we have expressly agreed in writing to do for you. It is also not intended to exclude liability arising under statute if, and to the extent that, such liability cannot lawfully be excluded.

Copyright

Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of Nisbets or its content suppliers and is protected by International copyright laws and regulations. In addition, Nisbets owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. Except as expressly provided herein, Nisbets does not grant any express or implied right to you.

Trademarks

Nisbets and other names, graphics, logos, and icons identifying Nisbets or its products or services are the proprietary marks of Nisbets. These trademarks may not be used in connection with any product or service that is not Nisbets's, in any manner that is likely to cause confusion amongst current or potential customers of Nisbets, or in any manner that disparages or discredits Nisbets. All other trademarks not owned by Nisbets that appear on this site are the property of their owners.

Licence

These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable licence to use this site conditioned on your continued compliance with these Terms and Conditions.

Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, licence, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material's owner. As a condition of your use of this site, you warrant to Nisbets that you will not use this site for any purpose that is unlawful, unauthorised, or inconsistent with these Terms and Conditions, and you agree that this licence to use the Nisbets website will terminate immediately upon your violation of this warranty. Nisbets reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.

Local Laws

Nisbets makes no representation that materials in this site are appropriate for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited. Further, Nisbets makes no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from this site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Entire Agreement

These Terms and Conditions, together with Nisbets return policy, security and privacy policy, and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and Nisbets with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Nisbets with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

Waiver

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights. The waiver by Nisbets of one breach or default under these Terms and Conditions will not constitute the waiver of any subsequent or other breach or default.

Severability

If the event that any part of these terms and conditions will be determined to be invalid, unlawful, or unenforceable for any reason, such terms and conditions will be severed from the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

General

No joint venture, partnership, employment, or agency relationship exists between you and Nisbets as a result of these Terms and Conditions or your use of this site.