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Conditions of Sale

Definitions

  • 'Company': means FastPromotionalProducts, a subsidiary of Cubic Promote
  • 'Conditions of Sale': means the provisions listed herein
  • 'GST': means goods and services tax as defined in the Goods and Services Tax Act 1985
  • 'Order': means an offer by a User to purchase a Product on the Company's Website
  • 'Product': means any item for sale on the Company's Website
  • 'User': means any individual or entity accessing or inputting personal data onto the Company's Website
  • 'Website': means and includes FastPromotionalProducts dot co dot NZ and any related sub-links or hyperlinks

Sale Terms

  • The provisions of this Condition of Sale constitute the entire agreement between the Company and its Users and supersedes other agreements over any other sales or understandings between the Website and the User
  • The Conditions of Sale is subject to amendment at the discretion of the Website without prior notice to the User. The Website may be updated regularly and it is the duty of the User to check the Conditions of Sale before purchasing a Product

Order and Acceptance

  • Any Order made by a User through the Website shall be deemed to be made pursuant to the provisions of this Condition of Sale. Such an Order will be irrevocable under these conditions
  • The Order may be accepted by the Company in whole or in part through written confirmation
  • Accepted Orders cannot be varied or cancelled by the User without the Company's prior written consent
  • Upon issuing an Order, a User will be recognised through a unique identifier number and the User acknowledges that they are liable for all Orders requested with that unique identifier number

Price

  • The price of the Product will be listed on the Website but may be subject to change based on mutual agreements between the Company and User
  • Any modification to price will only apply upon written agreement between the User and Company
  • If no price is listed on the Website, the price indicated on the invoice will accurately reflect the price charged
  • Prior to acceptance of the price, the Company may change its published price at any time due to fluctuations in the market or internal considerations
  • The Company is not liable for any further dealings commenced by the User before confirmed acceptance of the Order is acknowledged by the Company
  • All Prices do not include GST. The User will be expected to pay applicable GST in addition to the Price showing
  • All Prices include the cost of delivery

Currency

  • All Price is in the currency of New Zealand dollars (NZD)
  • Foreign currency must be accompanied by currency conversion costs statements on both the payment and receiving end

Payment and Default

  • Payment for all Products must be made before delivery
  • The payment date will be agreed upon by the User and Company and specified on the invoice
  • Where payment date has been agreed upon but there is no written affirmation, payment must be made seven (7) days from the date of the invoice provided by the Company to the User concerning the Product
  • If a User fails to pay within the specified or agreed upon time frame, or breaches any terms, obligations or agreements of the Conditions of Sale, the User shall be in default
  • In this situation, the Company may issue a notice to the User of weekly interest penalties beginning after the day of the due date until payment is fulfilled
  • Where default occurs, the Company is indemnified from any recourse of action taken by the User, including economic and legal fees 
  • If a User fails to provide payment and accumulated interest in the next six (6) months after the payment due date, the Company is entitled to bring legal proceedings against the User for all outstanding arrears
  • The certificate of the invoice is prima facie evidence of the arrangement between Company and User and price owing by that User

Delivery

  • Delivery of Products is deemed to have taken place when:
    • The Products arrive at the Users nominated business address; and/or
    • The Products arrive at the Users designated event location (as agreed to prior in writing);
  • The Company does not accept liability for loss, damage or faults in delivery due to courier negligence or acts of God
  • Failure to deliver at a specified time or at all does not repudiate the contract between User and Company but may entitle the User to compensation agreed upon by the User and Company
  • If delivery is required for more than one address, this must be agreed to by the Company and provided for in written affirmation
  • Delivery of Products may not be refused by the User after an Order has been accepted by the Company
  • The User must make appropriate arrangements for acceptance of delivery whenever the Products are tendered for delivery
  • Delivery to a specified third party or agent of the User are deemed to be delivered to the User pursuant to these Conditions of Sale
  • Where the Company or an agent of the Company enters the User's premises to make a delivery, the User indemnifies the Company against any loss, damage or personal injury sustained whilst making the delivery

Passing of Risk and Passing of Title

  • The risk attached to the Products is passed to the User simultaneously upon delivery to the User or an agent of the User
  • The title attached to the Products vests in the Company until full payment has been made by the User, including outstanding arrears and interest, upon which title passes to the User
  • If the Products are delivered to the User before full payment is made, the User acts a fiduciary agent and bailee on behalf of the Company by holding the Product

Replacement, Repairs and Returns

  • Replacement and repairs are subject to the 'Replacement and Repairs' section on the Website, namely:
    • A replacement is only permitted if there has been a major material defect to the Product;
    • A repair is only permitted if there is a minor issue with the Product
  • Returns are subject to the 'Order Returns' section on the Website, namely:
    • If a material defect is irreplaceable you may be entitled to a refund depending on the Company's examination;
    • Incorrect items received will warrant a refund;
    • Damage during delivery will not hold the Company liable but the Company will provide assistance to resolve this issue;
    • Undersupply of products will warrant a refund
  • Replacement, repairs and returns are subject to a 24-hour receipt of the notice to the Company immediately after the time of delivery, in writing or through oral communication, identifying any issue in quantity, quality, item description, damage, or other issues not in accordance with the agreed upon terms of Order
  • It is the User's duty to confirm the Products upon delivery and the User shall not resend any defective Products without the Company's written approval. No replacement, repair or return will be granted if the Products are returned without verification and approval of the Company first
  • If a Product is defective and has been approved to be resent to the Company, all shipping, handling, and other associated costs are borne by the User
  • After the expiry of the 24-hour period, the User forfeits any right to challenge the Product as being defective or damaged

Product Description and Images

  • The Products listed on the Website may not be completely identical to the ones received by the User
  • Images and descriptions are prepared to merely indicate the general substance, type and form of the Product
  • This does not constitute misleading or deceptive conduct as Products vary through the User's desire for individual customisation
  • A minor inaccuracy in description or image does not provide a recourse of action for the User to commence legal proceedings against the Company

Disputes

  • If there has been a disagreement or error, the User may withhold payment if they are within the agreed upon seven (7) day payment period
  • If notice has been made to the Company of a dispute, the payment period will freeze to allow for the resolution of the dispute and any subsequent replacement, repairs or refunds
  • The User will have 14 working days to formally object to the Company but if no such notice has been made within this 14 working day period, it will be assumed to that Product is correct and accepted by the User, effectively waiving all past and future claims against the Company

Recovery

  • If a User defaults on payment or falls into liquidation, administration or receivership, and is unable to make payment, the Company is entitled to retake possession of the Products and keep or resell any of the Products repossessed
  • In such situations of recovery, the User grants permission for the Company or an agent of the Company to recollect the Products by entering the place of delivery or User's premises of storage

Guarantees, Disclaimers, Warranties and Limitation of Liability

  • These Conditions of Sale do not make any express or implied guarantee, warranty, disclaimer or condition, as to the quality, performance, appearance, merchantability or fitness for purpose of any Products listed on the Website
  • The Website and Company acknowledge and adhere to requirements provided for in New Zealand consumer law. Nothing in these Conditions of Sales inhibits the application of New Zealand consumer law
  • The liability of the Company, including indirect, tortious and consequential loss, will be limited with regards to:
    • Breaches in respect of the supply of goods, including a provision of a refund; replacement of the goods; repair of the goods; or payment to the User of the cost of having the goods repaired or replaced
    • Breaches in respect of services, including a provision of a refund; re-supply of the services; or payment to the User of the cost of having the services re-supplied
  • The User agrees that by entering into this Conditions of Sale, it has not relied on any representation made by the Company and is satisfied as to the suitability of the Products for the User's purpose
  • The Company will not be held liable for the User for any loss or damage sustained due to the indirect, tortious or consequential loss or damage, arising directly or indirectly, in the course of supply or use by the User of any Product; delayed or non-delivery of the Product; or breach by the Company of its obligations under these terms

Force Majeure

  • The Company will not be liable for any loss, damage or expense sustained by the User if the loss, damage or expense was caused by an act of God, namely: fire, flood, earthquake, tsunami, hurricane, monsoon, landslide, blizzard, tornado, cyclone and any other environmental catastrophes
  • The Company will not be liable for any loss, damage or expense sustained by the User if the loss, damage or expense was caused by riot, civil unrest, theft, crime, strike, war, lock-out or similar events that reasonably take matters out of the Company's control

Privacy and User Data

  • As a User engaging with this Website and Company, you agree that the Website and Company may collect, use or retain personal information you have provided
  • The Company may use and/or provide this information to third parties for the benefit of consumer welfare
  • The Company may authorise the use of cookies on its Website for the purpose of improving the functionality of its operation
  • All personal User information is held in accordance with the relevant New Zealand privacy legislation

Confidentiality

  • The terms of this Condition of Sale are confidential and must not be disclosed by a User to any third party without the Company's prior written approval unless such a disclosure is required by law

Conditions of Using Website

  • The terms of this Condition of Sale operate in conjunction with the terms provided for in the 'Conditions of Using Website'

Waiver of Terms of Agreement

  • The failure of the Company to exercise or unduly exercise any right, power or privilege available to it under these Conditions of Sale will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any right or power and the Company shall be entitled to require strict compliance at all times

Severability

  • In the event of one of these provisions behind held as legally unenforceable, such enforceability will not invalidate the provisions of this Condition of Sale as a whole and will be subject to severability without affecting the remaining provisions

Applicable Law

  • This Condition of Sale is governed by and will be construed in accordance with the laws of New Zealand
  • As a User in agreement with the Company, you submit to the non-exclusive jurisdiction of New Zealand for the resolution of any disputes

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