Sale and Purchase Terms Policy
In these Terms, we have used “we”, “us” and “our” to refer to Walter & Wild Holdings Limited and “you” to refer to our customer. By ordering Products from us you agree to these Terms.
1.1 Our products that are for sale from time to time are listed on our website (“Products”), together with a description and/or image and the price.
1.2 Our goal is to provide accurate information, but product packaging and material may contain more and/or different information than that provided on the website. Always read labels, directions, and other information provided with the Product before using or consuming it.
1.3 Our Terms of Service also apply to the sale and purchase of Products through our website. Our Terms of Service allow us to limit Products available in certain areas and to change the Products advertised or offered for sale through our website, the prices or description of Products, and any other relevant details on our website without any notice or liability to you or any other person. To the maximum extent permitted by law, we do not warrant that the information and materials provided in relation to Products (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free.
1.4 We own all intellectual property in the Products (including their packaging). You must not attribute the Products to anyone other than us or remove any of our trade marks, signatures, logos or similar from the Products.
2.1 You may place an order for Products by selecting the relevant Products on our website and adding them to your cart. You may review your cart by selecting the Cart icon and making any changes, including to edit item quantities and/or remove items. When you are satisfied with the items in your cart, select Check Out and follow the steps notified online to complete your order. Once you have placed an order for the Products, you will not be able to make any changes or cancellations to your order.
2.2 We will send you written confirmation by email if your order is accepted by us.
2.3 We will do what we reasonably can to fulfil any placed orders but to the maximum extent permitted by law we will not be liable to you or any person if we are unable to, or decline, to supply a Product for any reason. We cannot confirm the availability of an item until after your order is placed and do not accept liability for any availability errors on our website. Products on special or promotion are subject to availability while stocks last.
2.4 To the maximum extent permitted by law, we reserve the right to refuse, cancel, terminate or not process orders (including accepted orders) even after your receipt of an order confirmation or shipping notice from us for any reason, including where:
a) the price or other material information on the website is inaccurate or contains an error; b) fraud is suspected or detected; or c) we have detected abuse of any of our policies.
2.5 If we do not process an order or cancel such order for any reason, we will have no further obligations to you except to advise you that the order has not been processed or has been cancelled (as the case may be) and to reimburse payments received from you in accordance with these Terms.
3. Pricing and payment
3.1 Unless otherwise stated, all prices shown on our website are in New Zealand dollars and inclusive of tax and other duties. If you are ordering Product from another country, prices may be shown in your local currency and may be subject to additional fees and costs.
3.2 In addition to the price of Products, a delivery and/or shipping and handling charge, may also be payable by you, as shown at checkout.
3.3 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all delivery and/or shipping and handling charges (if any) and applicable taxes.
3.4 Unless otherwise agreed by us, you must pay us for the Products purchased at the time of order by credit card or any other form of payment authorised by us on our website. We do not accept EFTPOS or similar, cash, cheque, or any other form of payment not authorised on our website. You represent and warrant that: a) you have the right to use any credit card or other means of payment that you provide to us; and b) all billing information you provide to us is true, accurate and complete.
3.5 All payments shall be made by you in full without set-off or deduction. Payment is not deemed to be made by you until it has been received by us in full as cleared funds.
3.6 Any agreement between you and the issuer of your credit card or other form of payment will continue to govern your use of such payment method on our website. You agree that we are not a party to any such agreement, nor are we responsible for the content, accuracy, or unavailability of any method used for payment.
3.8 If your order is cancelled by us after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Cancellation will not affect any of our rights or your obligations that have arisen prior to cancellation.
4.1 We will deliver any Products sold to you to the address stated in your order (“Designated Address”), so long as such address is complete and a valid shipping address in New Zealand and within our delivery areas. You acknowledge that we do not deliver Products purchased from our website to some areas in New Zealand and territories outside of New Zealand, such as Chatham Islands and Great Barrier.
4.2 We may (at our discretion) deliver Products to an outside area of the Designated Address, such as your front door, or any particular outside area specified by you, or if your Designated Address is a multi-level building, to the ground floor of such building.
4.3 We shall be entitled to assume that any person accepting delivery of the Products at the Designated Address is authorised to do so on your behalf.
4.4 If we have given you a time for delivery of the Products (or any part of them), such time is approximate only and is not deemed to be of the essence. We will aim to deliver Products within the delivery window specified to you, but such timeframe is an estimate only and we do not guarantee that Products will be delivered by a certain date. We will not be liable for failing to deliver the Product within any timeframe requested by you or the estimated time specified at the time of your order.
5. Title and Risk
5.1 We shall retain title to Products we supply until they have been paid for in full and you have performed all your other obligations under these Terms.
5.2 Risk in all Products passes to you when the Products are delivered to your Designated Address.
6.1 The Consumer Guarantees Act 1993, Fair Trading Act 1986, and other applicable statutes or local law may impose warranties, conditions or obligations upon us which cannot legally (or which can only to a limited extent by law) be excluded. Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions or obligations to the maximum extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
6.2 You warrant that you acquire Products from us for personal, non-commercial purposes and not for the purposes of any business. If you are deemed to have acquired any Products from us for the purpose of any business or trade under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable legislation, you acknowledge and agree to contract out of and exclude all warranties, conditions, and other terms implied under that legislation to the maximum extent permitted by law and that it is fair and reasonable to be bound by this clause.
7. Limitation of Liability
7.1 Except as expressly otherwise provided by clause 6.1, to the maximum extent permitted by law we shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) suffered or incurred by you or any other person, whether in contract, or tort (including negligence), equity, legislation or otherwise, and whether such loss or damage arises directly or indirectly from Products provided by us to you.
7.2 We will not be liable for any failure or delay in complying with any obligation imposed on us under these Terms if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.
To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, to the maximum extent permitted by law, such liability is limited to the amount of the price of the Products concerned.
8.1 These Terms are governed by and construed according to the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.
8.2 Any provision of these Terms which by its nature is intended to survive the termination or expiration of these Terms will survive the termination or expiration of these Terms or delivery of any Product.
8.3 These Terms, together with our Terms of Service, supersede and cancel any earlier representations, warranties, understandings and agreements (whether oral or written) in relation to the sale of Product to you and constitute the entire agreement between us and you relating to such sale.
8.4 In the event of any conflict or inconsistency between these Terms and our Terms of Service, these Terms will take precedence and shall prevail over our Terms of Service to the extent required to resolve any conflict or inconsistency.
8.5 You may only assign, sell, or otherwise dispose of any right or obligation under these Terms if we consent in writing first.
8.6 No failure or delay by us to exercise (in whole or in part) any right, power or remedy under these Terms will operate as a waiver of that right, power or remedy.
8.7 We may change these Terms at any time. Any change applies from when it is published on our website.