General Terms and Conditions
In these Terms and Conditions:
- Product and Products mean any goods (including associated services) offered for sale on or ordered from the Site
- Terms and Conditions mean these Terms and Conditions
- Site means our website www.bedwet.co.nz and is owned by Bedwetting Solutions
- User, you and your mean any user or visitor of our Site, as applicable.
Ordering from this site
The Site has a catalogue of Product which is available for purchase and / or hire. The catalogue may be updated or amended from time-to-time by Bedwetting Solutions. No error or misdescription in the catalogue will entitle you to a claim in compensation or damages. We will, however, use our best endeavours to provide accurate information.
Orders for Product will be made in the manner directed on the Site from time to time. Any order for Product constitutes a binding legal offer which if accepted by Bedwetting Solutions forms a contract for sale and purchase, subject to the terms and conditions below. We may elect not to accept an order if we are unable to supply Product by the description, in the amount or otherwise in the manner requested by you. If we reject an order then we will endeavour to notify you of that rejection as soon as reasonably practical. We may place orders on back order if we believe that we can supply them but are not able to do so immediately. In this instance we will notify you and agreement to supply on back order and the time within which a back order will be supplied will be subject to mutual agreement.
The price payable for an order is that specified in the online catalogue at the time of acceptance by us. We reserve the right to amend prices from time to time. The price is inclusive of GST, which is paid at the currently applying rate.
Payment for Orders
Unless otherwise agreed, full payment in cleared funds must be made before Product is delivered or collected. Payment will be made in the manner specified on the Site from time to time. We reserve the right to amend the terms of payment, and are not obliged to accept any method of payment where we are not satisfied that funds will be cleared and paid irrevocably.
From time to time we may agree to deliver Product to you. The terms and cost of delivery may vary depending on the destination, and we reserve the right not to deliver to any particular address or location. If we agree to deliver Product, then the price for delivery including GST must be paid in full before despatch. The person accepting delivery must verify their identity as the person who has ordered the goods, or otherwise if authorised by them to prove that authorisation. If we cannot be satisfied that a delivery is being made to you, or to a person authorised on your behalf to accept delivery, then we reserve the right to return the goods to our premises for collection. Any additional costs incurred in returning the goods to our premises or in storing them pending collection will be payable by you in addition to the agreed price.
Passing of Risk and Title
Risk in Products remains with us until they are delivered to you. Accordingly we may add additional insurance costs required to cover our risk, and this will also be paid by you prior to delivery. Title in the Products will pass to you upon delivery, if full payment has not been made for them. In such instance we reserve title in Product sold until full payment, and may register a security interest under the Personal Property Securities Act 1999 to protect our rights of recovery for all monies owing in respect of them.
The Consumer Guarantees Act 1993 (“the CGA”) applies to consumers (as defined in the CGA) only, and does not apply to businesses. If you are a trader, retailer or other business person who purchases Products for business purposes the CGA will not apply.
Other Website and Trading Terms – General
Use of Site and Changes
1. Access and use by you of the Site or placing an order for Product constitutes your acceptance of these Terms and Conditions. By using the Site you are deemed to have accepted our Terms and Conditions, current at the time, from the date on which you first use the Site or purchase Product.
2. These Terms and Conditions apply to any User of the Site whether a visitor, a retailer, a wholesaler, a trader or otherwise. If you do not accept these Terms and Conditions then you must refrain from using the Site.
3. You agree to take responsibility for using the internet and the Site with courtesy and responsibility and be familiar with and practice good etiquette, as deemed by us.
4. These Terms and Conditions may change or be updated from time to time. It remains the responsibility of the User to access and check these Terms and Conditions whenever you access the Site. The latest version of these Terms and Conditions will govern any future usage by you, of the Site.
5. We reserve the right to amend, change or update any information on the Site including our Terms and Conditions, at any time and without prior notice. You should regularly familiarise yourself with our current Terms and Conditions by which you are bound. By continuing to use the Site, you are deemed to have accepted the information on the Site and the Terms and Conditions as amended, changed, updated and current at the time.
Contents of and Accuracy of Information on the Site
1. All reasonable efforts will be taken to ensure that the information on our Site is accurate; however, no liability shall attach to us in the event of a mistake or error. You acknowledge that you arrive at your own decision regarding products, services and information contained on the Site and do not rely on any statement or representation made by us. We do not accept any responsibility or liability for any action you take in reliance on any information on or the contents of our Site.
2.We may change the content, products and/or services described on the Site at any time without prior notice and we will aim to correct any error or inaccuracy that is brought to our attention within a reasonable time.
Intellectual Property and Trademarks
1. Bedwetting Solutions owns all propriety and intellectual property rights in the Site, including but not limited to text, graphics, logos, icons and sound recordings and the software and other material underlaying or forming part of our products and services and the Site. A User may not without our prior written consent, in any form or by any means:
a. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; and/or
b. commercialise, copy or onsell any information or items obtained from any part of the Site.
2. All content on this Site is owned by us (or any other provider approved by us) and is protected by the applicable intellectual property and propriety rights and laws. No use of the Site’s content is permitted without the express prior written consent of Bedwetting Solutions, and where applicable, any other intellectual property right holder. Enquiries and permission requests may be sent to us at email@example.com.
Continuation of the Site
We will use our reasonable efforts to maintain an accurate and complete Site; however, we do not guarantee continuous operation and accuracy of the Site or availability of our products, services or integrity of the data stored or transmitted via the Site, Internet or any other services.
Liability and Indemnity – Use of Site and Sale of Goods or Services
You acknowledge and agree that you use the Site at your own risk. We are not liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any lost data, lost business, lost profits, injury, claim, liability or damages or failure of security resulting in any way from the use of the Site, our products and services whether foreseeable or not. Termination of your contractual relationship with us shall be the sole and exclusive remedy for any damages or injury suffered by you.
You indemnify and hold us and our subsidiaries, affiliates, officers, employees and contractors harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:
Your use or misuse of the Site or of any Products goods or services;
A violation of laws, rules or regulations for terms in these Terms and Conditions.
New Zealand Courts and Disputes
1. These Terms and Use of the Site including any matter or dispute connected with them shall be governed by the laws of New Zealand and in this respect you hereby submit to the non-exclusive jurisdiction of the Courts of New Zealand.
2. Any disputes arising in connection with the Site will initially be dealt with through mediation.
3. Nothing prevents any party from approaching the Courts of New Zealand for injunctive relief.
Information about You
3. You warrant that you have provided complete, accurate and current information required by us and you have due authority to enter into these Terms and Conditions.
4. All information will be collected and held in accordance with the provisions of the Privacy Act 1993. You may access or request changes be made to the information that we hold about you by emailing a request to firstname.lastname@example.org. You may ask to be removed from our client database at any time.
We reserve the right to terminate a User/client, etc. without entering into further discussions with that User. Examples of when we may terminate User are:
a. Serious complaint or multiple complaints are received about the User;
b. If the User breaches these Terms and Conditions;
c. If we, at our sole discretion, deem the User’s behaviour to be unacceptable.
1. These Terms and Conditions constitute the entire understanding and agreement between you and us and supersede any and all prior oral and written communications on the subject matter contained in them.
2. If any provision in these Terms and Conditions is found to be invalid, then such provision (to the extent that it is invalid) is deemed severed from these Terms and Conditions and the remainder shall not be affected.
3. No representations made by us, our marketers and employees or other persons so authorised by us shall be binding upon us if:
a. Made before your use of our Site and is not included in these Terms and Conditions; or
b. Subsequent to the date of first use by you of our Site and not in writing.