In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:-
"Products" means any products forming the subject matter of this Contract.
"Contract" means a contract for the sale by us to you of the Products.
"Price" means the price for the Products, and includes GST (New Zealand GST and otherwise), and excludes shipping costs.
"Site" means the "buttbuffer.co.nz" and affiliated Internet web sites.
"Nominated Payment Authority" means Visa, MasterCard, American Express, Diners Club/Discover Networks and or Paypal.
2. Introduction to the Site
2.1 This site is owned and operated by "Smart Products New Zealand Ltd". By using this site, you agree to these Terms and Conditions. If you disagree with any of these terms and conditions, you should not access or use this site.
2.2 "buttbuffer.co.nz" is a direct sales website owned by "Smart Products New Zealand Ltd."
2.3 we shall sell and you shall purchase the Products from this site in accordance with these Terms and Conditions only. You acknowledge that you are aware of the contents of these Terms and Conditions.
3. Orders, Price and Payment
3.1 You must order the Products in accordance with the instructions on this site.
3.2 You will pay for the Products by either authorising us to charge any one of your Nominated Payment Authorities, Direct Credit or Cheque.
3.3 For more payment details see the payment options page
3.4 Payments for the Products are payable in New Zealand dollars for orders.
3.5 The listed price on the web page may alter from the final bill. Users will be notified by email prior to being billed to confirm price changes in these circumstances. These price changes will be held for 24 hours awaiting confirmation.
3.6 A separate charge for shipping and handling may be shown on our invoices which accompany the Products.
3.7 If you wish, you can contact us before making your order to get a quote on the freight costs associated with those goods.
3.8 You must pay us for the purchase of the Products, including freight, in full before we dispatch the Products to you from our warehouse.
4. The Products and Availability
We may revise and/or discontinue Products at any time without notice. By placing an order with "Smart Products New Zealand Ltd", customers should be aware that certain products may not be available from time to time or may have limited availability. "Smart Products New Zealand Ltd" will make best efforts to source products ordered but can not be held liable for any items not available
5. Title and Risk
5.1 Orders are not binding upon "Smart Products New Zealand Ltd" until accepted by "Smart Products New Zealand Ltd". Should "Smart Products New Zealand Ltd" not accept the order then all monies will be refunded to you.
5.2 "Smart Products New Zealand Ltd" remain the owners of the Products we supply to you until you have paid in full all amounts that you owe to us for all the Products.
5.3 Products are at your risk as soon as they have been delivered to you.
6. Freight & Delivery
6.1 "Smart Products New Zealand Ltd" will, freight the Products to you by whatever method and route we consider to be the most expedient.
6.2 If we have specified a delivery date, we will try and deliver the Products to you by that date.
Any online orders will be dispatched by the delivery option the purchaser has selected at time of order.
6.4 For any orders shipped outside of New Zealand the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Smart Products New Zealand Limited's control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.
7. Return of Products
7.1 "Smart Products New Zealand Ltd" will only accept returns under the following conditions:
(a) Products that are damaged due to a fault on our part.
(b) Incorrectly supplied product - Where you have received a product from "Smart Products New Zealand Ltd" that was different to the one you ordered.
7.2 All Products returned in accordance with clause 7.1(a) and 7.1(b) must be returned in their original condition and packaging, along with any accompanying accessories together with the invoice and packing slip accompanying the Products.
7.3 Where the Products are faulty, wrong, or damaged, we will at our option either replace the Products; or give you a full refund.
7.4 If you have any problems regarding your order - you may contact us at firstname.lastname@example.org (citing an order number) or call us on +64 4 210 0321
8. Warranty & Guarantees
8.1 everything that we sell comes with a Manufacturers Warranty. Meaning, that the Manufacturer warrants that the supplied goods are in good working order and if not, then the manufacturer will at their discretion repair or replace the defective product. If your purchase arrives defective please call our customer services number during office hours within 2 working days.
8.2 Everything that we sell to you is guaranteed on the following terms:
(a) Where the Consumer Guarantees Act 1993 applies to this contract:
(i) If the Products are acquired by you for business purposes, you agree that the Consumer Guarantees act 1993 does not apply; and
(ii) If the Products are not acquired by you for business purposes, we reserve the right to repair or replace any Products which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993.
(b) Where you supply the Products in trade to a person acquiring them for business purposes, it must be a term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the Products.
(c) You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
8.3 Nothing in these Terms and Conditions are intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.
8.4 We shall not be liable to you for any damage to the Products due to external causes, including accident, abuse, misuse, problems with electrical power, usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of supplied parts and components not supplied by us.
8.5 Notwithstanding anything else contained in these Terms and Conditions, we shall not be liable to you for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.
8.6 The material and information provided in this site is supplied upon the condition that you will make your own determination as to its suitability for your purposes prior to use. We will not be liable for any damages, losses or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the materials in this site.
8.7 Nothing in this site is to be construed as a recommendation to use any Product.
9. Restrictions on Use
9.1 Material from this site and other sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.
9.2 Modification, distribution, or use of the material contained in our site for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
10.1 Unless otherwise specified all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as a selection, assembly and arrangement (collectively defined as the "Marks") thereof, are proprietary to "Smart Products New Zealand Ltd", copyright © 2010 ALL RIGHTS RESERVED or other respective owners that have granted "Smart Products New Zealand Ltd" the right and license to use such Marks. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with "Smart Products New Zealand Ltd" or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of "Smart Products New Zealand Ltd" is strictly prohibited.
You may use the content of this site only for the purposes of shopping on this site, or placing an order and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
10.2 "Smart Products New Zealand Ltd" respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify "Smart Products New Zealand Ltd" via the email@example.com email address.
11.1 Although the information provided in this Site is presented in good faith and believed to be correct as of the date it was submitted, we make no warranties or representations about the accuracy or completeness of this site, its content or the content of any web site "hyper linked" to or from this site. We reserve the right, but make no binding commitment, to update or correct the terms and conditions and information contained in this site at any time, without notice.
11.2 All information on this site has been obtained with the expressed permission of the local manufacturer, distributor or authorized service agent. As far as we (including the before mentioned parties) are aware, all product information given is correct at time of publishing, but may be changed at any time without notice for quality control purposes.
11.3 All information gathered by "Smart Products New Zealand Ltd" from this site, including personal information, credit card details, email addresses, and contact information is not kept / stored on our servers. "Smart Products New Zealand Ltd" endeavors to provide the safest environment for online shopping possible. With that in mind all transactions are conducted on a secure server using 128bit SSL encryption for added security.
12.1 Nothing in these Terms and Conditions shall affect the statutory rights of you dealing with us as a consumer under the Consumer Guarantees Act.
12.2 If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
12.3 The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
12.4 This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.
Smart Products New Zealand Ltd