Definitions

1. “Customer” means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Kimberley Crossman Limited Online Store who is not registered to use Kimberley Crossman Limited Shopping.
2. “Delivery Point” means an outside area of the Premises, such as the Customer’s front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.
3. “Fulfilment Fee” means the fee you as the customer must pay to have your order picked, packed and delivered and may also be referred to as “delivery fee”.
4. “Tax” means goods and services tax chargeable.
5. “Login” means a Customer’s personal email address and password used to access Kimberley Crossman Limited Online Store under that Customer’s registration.
6. “Premises” means the premises at the address specified by the Customer on their registration application, as amended from time to time.
7. “Products” means the products for sale in Kimberley Crossman Limited Online Store

Use of Kimberley Crossman Limited Online Store subject to terms and conditions

Your access to, and use of, Kimberley Crossman Limited Online Shopping is subject to the following terms and conditions. By using Kimberley Crossman Limited Online Store you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Kimberley Crossman Limited Online Store constitute legal offers to purchase, and are capable of being accepted by Kimberley Crossman Limited without any further reference to the Customer.

Discretion to accept registration

Kimberley Crossman Limited has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

Discretion to accept orders

Kimberley Crossman Limited has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Kimberley Crossman Limited may cancel an order for any reason whatsoever.

Registration and access costs

No costs are payable to register to use Kimberley Crossman Limited Online Store, but Customers are responsible for any costs incurred in using Kimberley Crossman Limited Online Store, including any charges imposed by their Internet service provider.

Suspension or termination

Kimberley Crossman Limited Online Store may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Kimberley Crossman Limited Online Store for any reason whatsoever.

Customer liable for every order

Customers are liable for every order made under their Login.

Trading hours

An order submitted by a Customer after 12 noon the day before a weekend or public holiday shall not be accepted by Kimberley Crossman Limited Online Store immediately but shall be deemed to have been accepted by Kimberley Crossman Limited on the day following the weekend or public holiday (as the case may be).

Security of information

Kimberley Crossman Limited Online Store shall use its reasonable endeavours to prevent any unauthorised entry into Kimberley Crossman Limited Online Store. However, no member of Kimberley Crossman Limited will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

Site content

While Kimberley Crossman Limited has endeavoured to ensure that the information provided on Kimberley Crossman Limited Online Store is free from error, no member of Kimberley Crossman Limited warrants its accuracy, adequacy or completeness, and no member of Kimberley Crossman Limited shall be responsible or liable for any error in, or omission from, the information provided on Kimberley Crossman Limited Online Store.

We reserve the right to make changes to the information provided on Kimberley Crossman Limited Online Store at any time and without notice.

Pricing

The Customer shall pay Kimberley Crossman Limited for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.

Prices and specials available on Kimberley Crossman Limited Online Store may not necessarily be the same as the prices and specials available from Kimberley Crossman Limited retail premise. Any prices and specials available in Kimberley Crossman Limited Online Store will only apply to Products purchased through Kimberley Crossman Limited Online Store if those prices or specials are specifically displayed on Kimberley Crossman Limited Online Store, and vice versa.

Kimberley Crossman Limited Online Store may vary the prices of the Products at any time without notice.

Currency

The prices of Products are displayed in New Zealand Dollars (NZD).

Tax

Product prices displayed include tax.

Product availability

Every effort will be made to fulfil orders placed with Kimberley Crossman Online Shop, but no member of Kimberley Crossman shall be liable to any person if Kimberley Crossman is unable to or declines to supply a Product for any reason whatsoever.

Kimberley Crossman Online Store reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer’s order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.

Kimberley Crossman Online Store may delay dispatch of orders that exceed reasonable household quantities due to stock availability.

Product substitution / Refund

If Kimberley Crossman Limited Online Store is unable to or declines to supply a Product ordered by a Customer, Kimberley Crossman Limited Online Store may substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.

If Kimberley Crossman Limited Online Store cannot make a substitution on this basis, Kimberley Crossman Limited Online Store may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.

Kimberley Crossman Limited will refund or replace any product that is defective under the consumer guarantees act.

Product quality

If Kimberley Crossman Limited Online Store agrees that a Product was delivered to a Customer in a damaged or spoiled condition, Kimberley Crossman Limited Online Store shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered).

Method of Payment

Customers must pay Kimberley Crossman Limited Online Store for the Products purchased by credit card. Kimberley Crossman Limited Online Store does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

Payment by credit card

If a Customer’s credit card is declined by its financial institution, delivery of the relevant order will not be made.

Kimberley Crossman Limited reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

Adjustments

If a Customer is invoiced an incorrect amount for any Product ordered, Kimberley Crossman Limited shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.

Change to payment policy

Kimberley Crossman Limited may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.

Delivery target

Delivery will be targeted at 3-4 working days within New Zealand. You will be notified by email if there are any delays.

Delivery targets internationally

UK: 3-10 working days

US: 3-10 working days

AUSTRALIA: 3-10 working days

Delivery and liability

Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of Kimberley Crossman Limited shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of Kimberley Crossman Limited for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.

Kimberley Crossman Limited shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.

Accessibility and safety

Kimberley Crossman Limited sub contract to a chosen courier that is trusted and best for the job at hand.

Customers shall ensure that their Delivery Point is easily accessible to Kimberley Crossman Limited chosen couriers, and that it is safe for those couriers to enter the Customer’s premises in order to complete the delivery. If in the courier’s opinion the Delivery Point is not easily accessible for example due to dogs being loose, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Kimberley Crossman Limited reserves the right to charge Customers an additional fulfilment fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Kimberley Crossman Limited are not reached, the Customer will be deemed to have cancelled the order and may incur a Cancellation Fee. If the goods perish due to none delivery under this clause Kimberley Crossman Limited will not be responsible.

Change of address

The Customer shall notify Kimberley Crossman Limited immediately of a change to its delivery address.

Delays to delivery

Notwithstanding any other term, no member of Kimberley Crossman Limited shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Kimberley Crossman Limited or otherwise.

If Kimberley Crossman Limited considers that the delivery of a Customer’s order is likely to be substantially delayed, Kimberley Crossman Limited may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.

Delivery deemed to have taken place

If no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.

Incorrectly or undelivered Products

If any Product delivered does not correspond with a Product ordered, the Customer may:

(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or

(b) reject the incorrectly-delivered Product, in which case Kimberley Crossman Limited will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).

If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Kimberley Crossman Limited reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Kimberley Crossman Limited reserves the right to charge the Customer for that Product.

If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Kimberley Crossman Limited will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Kimberley Crossman Limited may cancel the order for that Product) (in each case without incurring any cancellation fee), and Kimberley Crossman Limited will refund the value of the relevant Product (as at the date on which the Product was ordered).

Variation/cancellation of order

The Customer may vary or cancel the order up to the point in time that Kimberley Crossman Limited has commenced packing the order by contacting the Kimberley Crossman Limited team.

Property and risk of Products

Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point. No liability will be accepted on behalf of Kimberley Crossman Limited for any spoiled or perished goods after delivery.

Login

The Customer shall keep their Login details safe and confidential at all times.

Warranties

All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of Kimberley Crossman Limited other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of Kimberley Crossman Limited assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer’s risk.

Liability and indemnity

Product liability

The liability of Kimberley Crossman Limited whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Kimberley Crossman Limited’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

No liability for indirect loss

No member of Kimberley Crossman Limited shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, Kimberley Crossman Limited Online Store, or the delivery or failure to deliver any Products.

Indemnity

Notwithstanding any other term, the Customer agrees to indemnify each member of Kimberley Crossman Limited against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of Kimberley Crossman Limited, arising directly or indirectly out of the Customer’s use of Kimberley Crossman Limited Online Store, any breach of these terms and conditions, or the delivery or failure to deliver any Products.

Intellectual property

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Kimberley Crossman Limited Online Store and its contents is owned by, and shall at all times remain the exclusive property of, Kimberley Crossman Limited, its licensors and the providers of any other products and services accessible through Kimberley Crossman Limited Online Store, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.

Force majeure

If the performance by Kimberley Crossman Limited of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Kimberley Crossman Limited) Kimberley Crossman Limited shall be excused from such performance to the extent of such prevention.

Store contact details

Address:
PO Box 42125
Orakei
Auckland 1745
New Zealand
Phone: 09 521 1117
Email: [email protected]