1. The “Seller” is Dry Cuffs Limited and its authorised agents and nominees.
2. The Seller includes references to “us”, “we”, or “our”.
3. The “Customer” is any person or persons, company, business, or other entity that purchases goods from the Seller.
4. The Customer includes references to “you”, “your, or “yours”.
5. The “Goods” includes, without any limitation, all personalised and non-personalised products sold by the Seller.
6. The Seller may from time to time and in its absolute discretion amend the terms and conditions contained herein (“the Terms”) and such variation shall take immediate effect without the Customer’s consent.
7. The Terms shall be deemed to be amended once the amended Terms have been uploaded to the Seller’s website (“the website”) and or other sales platforms. The current Terms will be those displayed on the Seller’s website.
8. These Terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.
9. These Terms constitute the entire agreement between the Seller and the Customer in respect of the goods supplied. In the event of a discrepancy between these Terms and other communications entered between the Seller and the Customer, these Terms prevail.
PAYMENT AND ORDERS
10. All orders must be received in writing from the Customer to the Seller or through the Seller’s website, www.drycuffs.co.nz, or any other sales platforms the Seller may use to sell its goods.
11. Each order will constitute a separate contract between the Seller and the Customer.
12. All orders are subject to acceptance and confirmation by the Seller.
13. The Customer may not cancel an order once it has been confirmed and accepted by the Seller. Confirmation and acceptance by the Seller occurs when the Seller acknowledges receipt of the order either through an automated email generated through the Seller’s website or other sales platform, or through a non-automated email, or some other form of communication accepting the order.
14. Goods must be paid for in full at the time of order through the website or other sales platform. If the Seller allows, Goods may be paid for at the time of collection but in all cases, Goods must be paid for prior to delivery.
15. Payment may be made by cash, approved cheque or credit card, or direct credit. Payment by cheque or direct credit shall not be deemed to have been received until honoured/cleared.
16. The Customer indemnifies the Seller in respect of any loss arising from any breach by the Customer of these terms including without limitation, legal expenses on a solicitor-client basis.
17. Where the Customer cancels an order after it has been accepted by the Seller, such cancellation will incur cancellation and administration fees, which will be calculated on a case by case basis, with a minimum of 10% of the invoice to a maximum of 85% of the invoice total.
18. Where the Seller gives a quote for goods, unless otherwise agreed, the quote shall be valid for 30 days from the date of issue.
19. All prices are in New Zealand dollars and exclude GST unless otherwise stated.
20. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery of the goods.
21. Prices provided on the website do not include additional delivery charges. These will be advised separately prior to check out on the website.
22. The Seller shall arrange for delivery of the goods to the address for delivery provided by the Customer.
23. The Seller shall deliver the goods by such carrier and in such form of transport it considers appropriate. If the Customer has selected a delivery option on the website, during the checkout process, the Seller shall take all reasonable efforts to ensure delivery by that method.
24. If the Customer specifies the means of transport or the carrier, the Customer shall bear any additional costs incurred in delivery of the goods.
25. The Seller shall not be liable or responsible for any consequential loss or damages arising directly or indirectly from late delivery or from non-delivery.
26. Risk in the goods shall pass to the Customer at the time the goods are received by the carrier to be delivered to the Customer.
27. The Customer authorises the Seller to collect, retain and use personal information regarding the Customer for the following purposes only:
a. Assessing the Customer’s creditworthiness;
b. Disclosing to a third party details of the contract between the Seller and the Customer for the purposes of recovering amounts payable by the Customer and providing credit reference.
28. The Seller shall immediately stop sending marketing materials to the Customer on the Customer’s request.
29. The Customer is entitled to assess and correct any information held by the Seller regarding the Customer.
REFUNDS AND RETURNS
30. The Seller is not obliged to provide you with a refund if you have changed your mind so please choose your goods carefully.
31. If you have made a payment in error please contact the Seller within two business days. The Seller will investigate the claim within five business days of notification and refund any part of your payment which in its sole discretion is found to be a genuine payment error.
32. The Customer shall notify the Seller if it intends returning any goods and any such notification shall be made prior to returning any goods. The Seller reserves the right to determine whether it will accept the return of any such goods and on what terms.
33. Any goods returned by the Customer must be in their original condition and packaging.
34. The Seller is not obliged to and will not accept any goods returned by the Customer that have been tampered with by the Customer or the carrier.
WARRANTY AND CONSUMER GUARANTEES ACT
35. The Customer must make all claims for damage or adjustments for short or incorrect delivery to the Seller in writing within seven days of receipt of the goods. The Seller will not accept any returns after the expiration of 14 days after the Customer has received the goods.
36. The Customer shall not be entitled to return goods which have been altered or otherwise processed or damaged in any way. Worn or misused goods will not be accepted. Only merchandise in its original condition will be accepted.
37. All new goods sold by the Seller are guaranteed for 12 months against manufacturing defects (subject to the limitations, terms and conditions contained in the manufacturer’s warranty) from the date of purchase.
38. All warranties extend to the original Customer only and are not transferable.
39. Proof of purchase is required as a condition of warranty coverage. Please retain your original invoice.
40. These warranties do not extend to normal wear and tear or damage caused by abuse, misuse, negligence, or any modifications. Failure to comply with any maintenance instructions will void the warranty.
41. The Seller will endeavor to either repair or replace the defective goods, at the Seller’s option. If repair or replacement is not practicable the Seller will refund the purchase price.
42. The Customer shall be responsible for the costs associated with delivering the goods to and from the Seller for repair or replacement purposes.
43. The Consumer Guarantees Act 1993 (“the Act”) shall not apply where the goods are purchased for business purposes. Where the goods are purchased for non-business purposes, the Seller will comply with all of its obligations under the Act.
LIABILITY AND RISK
44. Where the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes imply warranties or conditions or impose obligations upon the Seller which cannot by law (or which can only to a limited extent by law) be excluded or modified, then liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
45. The Seller shall not be responsible for any loss or damage of any kind whatsoever arising from the supply of the goods by the Seller to the Customer, including consequential loss, whether suffered or incurred by the Customer or by another person and whether in contract or tort (including negligence) or otherwise.
46. If the Customer supplies artwork or other material of an artistic nature (“the artistic material”) for the Seller to print or otherwise reproduce as a customized product, the Customer warrants that it owns the copyright in such artistic material and is therefore permitted to supply it to the Seller for reproduction and customisation.
47. If it subsequently transpires that the Customer does not own the copyright in the artistic material, the Customer indemnifies the Seller against any third party claims for breach of copyright including without limitation, legal expenses on a solicitor and own client basis.
48. The Seller is not liable for any consequential loss arising out of delay or failure to supply the goods or any of them, currency fluctuations or otherwise arising out of this contract.
49. If any dispute or differences arises between the parties out of the terms hereof or in connection with any purchase and the goods the subject of such difference are in New Zealand, such dispute or claim will be referred to the arbitration of a single arbitrator if the parties can agree on one. Otherwise, the dispute shall be referred to two arbitrators, one to be appointed by each party and an umpire to be appointed by the appointment of arbitrators and any such reference shall be a submission to arbitration within the meaning of the Arbitration Act 1996 and its successors and amendments.
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