Terms and Conditions

1.1

Hyndman Publishing Limited ("the seller") is a registered NZ company operating from 325 Purchas Road, RD2, Amberley, New Zealand. The Terms and Conditions of Trade set out herein govern all transactions with the seller as the supplying party. This document supersedes any other written, verbal or implied contracts or agreements and the buyer's ordering of any products from the seller indicates the buyer's acceptance of these Terms and Conditions of Trade.

2.

Pricing

2.1

All prices on our website are in New Zealand dollars. Prices may be changed from time to time without notice. The buyer must pay the seller all prices claimed and due under these Terms and Conditions of Trade without deduction or set-off.

2.2

Unless the seller agrees otherwise in writing, the amount charged will be the price as at the date of the seller's acceptance of the buyer's order.

3.

Taxes and other charges

3.1

All prices and delivery charges are inclusive of New Zealand Goods and Services Tax at the rate of 15%.

4.

Ordering – personal or fundraising

4.1

Products ordered from the seller's website are only available to buyers resident in New Zealand.

4.2

The seller's website, the information on it and any information in emails or other forms of communication constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Terms and Conditions of Trade . The contract between the seller and buyer occurs when the seller accepts the buyer's order. The seller reserves the right to refuse to accept any order or any part order for any reason whatsoever.

4.3

The price quoted may be revised by the seller subsequent to accepting an order in the event of any occurrence affecting delivery caused by war, Government action, variation in delivery charges, increase in the price of the products or services supplied to the seller and any other matter thereon not in the control of the seller. In that event, the buyer shall have the right to withdraw its order.

5.

Ordering products for resale as a fundraising activity

5.1

The buyer must be ordering product for a bona fide fundraising activity and not for personal gain. The seller reserves the right to cancel an order if the seller believes there is no legitimate fundraising activity involved.

6.

Availability and Cancellation

6.1

All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.

7.

Payment & delivery

7.1

Once payment for the buyer's order has been verified as received by the seller, by being fully cleared through the banking system into the seller's bank account, the seller will endeavour to dispatch the buyer's order within 5 business days. Where payment for an order has been received by the seller and the seller is unable to supply, all or part of the order, a refund will be paid for the portion not able to be supplied.

7.2

Please note that the seller only delivers to a street address. The seller is not able to deliver to a PO Box.

7.3

Credit card payments made to the seller via this website are transmitted via a secure server operated by the DPS/Payment Express.

8.

Title and Risk

8.1

The seller shall retain title to products the seller supplies until they have been paid for in full and the buyer has performed all of its obligations under these Terms and Conditions of Trade.

8.2

Risk in all products passes to the buyer when the products are dispatched from the seller's premises. The buyer shall insure products for their full price, and shall not sell, dispose or part with possession of them or do anything else inconsistent with the seller's ownership of the products, from delivery until title in them passes to the buyer.

9.

Personal Property Securities Act 1999 ("PPSA")

9.1

Clause 8 creates a security interest in products the seller supplies the buyer.

9.2

You shall not grant any other security interest or any lien over products that the seller has a security interest in.

9.3

At the seller's request, the buyer shall promptly sign any documents and do anything else required by the seller to ensure the seller's security interest constitutes a first ranking perfected security interest in the products.

9.4

The seller may at any time enter the buyer's premises and properties to uplift products that the seller has a security interest in.

9.5

If a product that the seller has a security interest in is processed, included or dealt with in any way causing them to become accessions, processed or commingled products, the seller's security interest will continue in the whole in which they are included. The buyer shall not grant any other security interest or lien in either the products or in the whole.

9.6

The buyer waives any rights the buyer may have under sections 114(1)(a), 116, 120(2), 121, 125, 126, 127, 129, 131, 133 and 134 of the PPSA.

9.7

The buyer waives their right to receive a copy of any verification statement (as that term is defined in the PPSA).

9.8

The buyer shall give the seller prior written notice of any proposed change of the buyer's name or address.

10.

Refunds / Damaged products

10.1

Products are sold on a firm sale basis and are not returnable. All products will be well packed and dispatched in good condition.

10.2

Where a product is damaged in transit the buyer should lodge a claim with the courier company concerned. Where a product is found to be faulty through causes other than damage in transit, the seller will replace as soon as practicable – notice of any fault with a product must be communicated by the buyer to the seller within 14 days of delivery to the buyer.

10.3

The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may impose warranties, conditions or obligations upon the seller which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided for in these Terms and Conditions of Trade, the seller excludes all such imposed warranties, conditions or obligations to the extent permitted by law and excludes any warranties, condition or obligation imposed or implied under common law, equity or otherwise. The guarantees contained in the Consumer Guarantees Act 1993 are excluded when the buyer acquire goods and services from the seller for the purposes of business in terms of Sections 2 and 43 of that Act.

11.

Force Majeure

11.1

If the seller has given the buyer 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.

11.2

The seller shall not be liable for delay or failure to perform its obligations under these Terms and Conditions of Trade if the cause of delay or failure is beyond the seller's reasonable control.

12.

Information gathered from the website

12.1

If the buyer makes purchases via our website, the buyer must provide information to allow the seller to process the buyer's order and payment, and to deliver to the buyer. This will include contact details, phone, fax, email and physical address for delivery.

12.2

The seller will keep a record of the buyer's purchase data for reporting purposes and this data may be used for marketing to the buyer by the seller from time to time.

12.3

At no time will the buyer's credit card details be released to a third party.

13.

Limitation of liability

13.1

The seller shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by the buyer or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from products provided by the seller to the buyer.

13.2

To the extent that the seller is liable for any reason for any loss suffered or liability incurred by the buyer arising from any breach of these Terms and Conditions of Trade or for any other reason, such liability is limited to the amount of the price of the products concerned.

14.

Privacy of Information

14.1

The buyer authorise the seller:

 

a. to collect, retain and use information about the buyer from any person for the purpose of assessing the buyer's creditworthiness;

 

b. to disclose information about the buyer:

 

 

i. to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to the buyer's obligations to us;

 

 

ii. to such persons as may be necessary or desirable to enable the seller to exercise any power or enforce or attempt to enforce any of its rights, remedies and powers under these Terms and Conditions of Trade.

15.

Notices

15.1

Any notice may be given by phone, in person, posted, or sent by facsimile or email to the buyer or where the buyer is a company, to any of the buyer's directors.

16.

Confidentiality

16.1

The buyer shall at all times treat as confidential all non-public information and material received from the seller and shall not publish, release, or disclose the same without the seller's prior written consent.

17.

Costs

17.1

The buyer must pay the seller's costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of the rights, remedies and powers under these Terms and Conditions of Trade.

18.

Jurisdiction

18.1

These terms are governed by the laws of New Zealand. The buyer may take legal action against the seller only in a New Zealand court.

19.

Disputes

19.1

Any claim or dispute arising under these Terms and Conditions of Trade shall be determined by arbitration under the Arbitration Act 1996 if the parties are unable to resolve such dispute themselves within one (1) month of the dispute arising. However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand courts.