1. Terms and Conditions:
These terms of Sale
("Terms of Sale”) apply to your purchase of any goods ("Goods”) offered by Kai
NZ Foods Limited ("Kai” or "we”) through this website. By purchasing any Goods,
you are deemed to have read and agree to be bound by these Terms of Sale. If
you do not accept these Terms of Sale or can not comply with these Terms of
Sale you must not purchase any Goods.
2. Further Terms:
As well as these Terms
of Sale, the Terms and Conditions and the Privacy Policy also apply to your
access to and use of this website. You should ensure that you read the Terms
and Conditions and Privacy Policy in conjunction with these Terms of Sale. By
accessing this website you are deemed to have read and agree to be bound by the
Terms and Conditions as well as the Privacy Policy.
3. Order:
You may only order
Goods from this website ("Order”) in the manner specified on this website.
4. Details:
To enable Kai to
complete your Order you must provide all information requested from you in the
process of placing your Order.
5. Payment:
Payment for all Goods
must be made in the manner described on this website.
6. Prices:
All prices listed on
this website are in New Zealand dollars and payment for all Orders will be made
in New Zealand dollars. All prices are exclusive of shipping and handling
charges ("Shipping Charges”) which will be notified to you as part of the
purchasing process prior to completing any Order. Unless otherwise specified,
Goods and Services Tax ("GST") is included in all prices and Shipping
Charges for Goods to be delivered within New Zealand. Unfortunately it is
outside of Kai's control as to what taxes, duties or charges may be imposed or
levied outside of New Zealand in connection with the supply of the Goods and
consequently such amounts are not included in the prices and are your
responsibility to pay.
7. Accuracy:
Although Kai aims to
ensure that the prices and description of the Goods contained on this website
are accurate, Kai reserves the right to amend any inaccuracies in such prices
or descriptions at any point. In the event that your Order is affected by any
such inaccuracies then Kai will discuss such issues with you and determine the
best solution for you, but may cancel your Order at any point prior to the
delivery of any Goods to the address specified in your Order.
8. Cancellation:
You may not cancel an
Order once it has been submitted but Kai may cancel your Order at any time up
until such Order is delivered to you at the address specified in your Order. In
the event of such cancellation Kai will provide you notice of this as soon as
possible, provided however that Kai is not required to give reasons for
cancelling your Order. If Kai cancels your Order for any reason, neither you
nor Kai will be under any further obligation to each other arising out of your
Order or Kai’s cancellation of your Order.
9. Reimbursement:
If Kai cancels your
Order Kai will reimburse you for any payments received by Kai relating to your
Order.
10. Delivery:
Delivery of Goods to
you will take place in the following manner:
(a) New Zealand
Orders: All Orders for delivery within New Zealand will be couriered using
NZ Couriers, or another reputable courier company of Kai's choosing. Delivery
can be made to business or residential addresses but not PO Box addresses. Any
Order exceeding $250 will have to be signed for. If your Order has to be signed
for and you are not present when delivery takes place the courier will leave a
card with details of how to obtain your Goods. All reasonable efforts are made
to deliver all such Orders within 3 working days.
(b) International
Orders: All Orders for delivery outside of New Zealand will be sent using
NZ Couriers or another reputable courier company of Kai's choosing. Delivery
can be made to business or residential addresses. All reasonable efforts are
made to deliver all such Orders within 20 working days.
11. Title:
Title in the Goods
does not pass to you until payment has been received in full by Kai.
12. Capacity:
The Goods are offered
for sale by Kai only to persons who can make legally binding contracts.
13. New Zealand Law:
Details contained on
this website relating to the Goods have been prepared in accordance with New
Zealand law and may not satisfy the laws of any other jurisdiction. We do not
warrant that the details on this website concerning the Goods will satisfy the
laws of any other jurisdiction. It is your responsibility to determine whether
these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction
is outside New Zealand) and if the details do not satisfy the laws of your
jurisdiction, you may not order Goods from this website.
14. Combined Terms:
These Terms of Sale
together with any additional terms and conditions contained in any invoice or
any other similar document issued by Kai relating to your Order shall be the
terms which govern your purchase of the
Goods.
15. Risk:
Risk in the Goods
shall pass to you upon delivery of the Goods to the address specified by you
when making your Order.
16. Incorrect Orders:
If the Goods that are
delivered to you do not match the Goods you ordered we will replace such Goods
with the correct Goods provided we have such Goods in stock. If such correct
Goods are out of stock we will offer to provide you with comparable Goods to
the original Goods you ordered and if you do not wish to accept these
replacement goods you can elect to be refunded for the sale price of the Goods.
If you are returning such Goods to us you must provide us with proof of sale and
an explanation as to why you are returning the Goods. If any Goods returned in
accordance with this clause have been damaged or are not returned in their
original packaging you may not be entitled to take full advantage of the
remedies provided by this clause.
17. Returns:
The provisions of
clause 16 only apply where Kai has mistakenly provided you with the wrong
Goods. Kai regrets that it is not able to accept returns of Goods if you decide
you no longer want them or would like a different version of the same Good
(e.g. a different flavour or a different size), so please choose carefully
before placing an Order. Also Kai can not be responsible for minor differences
in how Goods featured on our website may appear on your computer depending on
the web browser you are using and the settings of your computer. You should
ensure that you read the description of the Goods on the Kai website thoroughly
before placing an Order as Kai can also not accept the return of Goods due to
such technical issues.
Kai will meet
reasonable shipping costs as outlined in Clause 19.
18. Defective Goods:
If the Goods that are
delivered to you are faulty or defective we will at your choice upon the return
of such Goods, either replace such Goods provided that we have such Goods in stock,
provide you with comparable Goods or you can elect to be refunded for the Sale
price of the Goods. If you are returning such Goods to us you must provide us
with proof of purchase and an explanation as to why you are returning the Goods
and what remedy you are seeking. If any Goods returned in accordance with this
clause have been damaged or are not returned in their original packaging you
may not be entitled to take full advantage of the remedies provided by this
clause.
19. Shipping Returns:
All Shipping Charges
associated with the return of any Goods to Kai will be met by Kai through use
of NZ Couriers or an alternate courier company approved by Kai in advance. Kai
will not be responsible for non approved courier or shipping costs.
20. Notification of Problem:
Kai shall not be
liable for any defect, damage, discrepancy or shortage in the Goods comprising
any Order unless you notify Kai within a reasonable period of time of such
issue. In the event that the Goods have failed to reach the delivery address as
specified by you in your Order within 10 days for Orders with a New Zealand
delivery address or within 20 days for Orders with a delivery address outside
of New Zealand from the date you placed your Order, you should contact Kai
immediately.
21. Exclusion of Warranty:
To the fullest extent
permitted by law, in relation to the Sale of Goods, any condition or warranty
either express or which would otherwise be implied by law into these Terms of
Sale is hereby excluded. If you are purchasing Goods and using the Goods for
the purposes of a business as defined in the Consumer Guarantees Act 1993, then
you agree that the provisions of that Act will not apply to your purchase
and/or use of the Goods.
22. Exclusion of Liability:
To the greatest extent
permitted at law, under no circumstances will Kai, its employees, contractors
or its agents be liable to you in contract, tort, equity, statute, regulation
or otherwise for any loss, damage, costs, legal costs, professional and other
expenses of any nature whatsoever incurred or suffered by you or by any third
party, whether direct or consequential (including without limitation any
economic loss or other loss of turnover, profits, business or goodwill) arising
out of any dispute or contractual, tortious or other claims or proceedings made
by, or bought against you, which relate in any way to your purchase and/or use
of the Goods, or in respect of any failure or omission on the part of Kai to
comply with its obligations as set out in these Terms of Sale.
23. Limitation of Liability:
To the greatest extent
permitted at law, in the event that any limitation or provision contained in
these Terms of Sale is held to be invalid or unenforceable for any reason and
Kai becomes liable for any loss or damage that would otherwise have been
excluded, Kai’s maximum liability in contract, tort, equity, statute,
regulation or otherwise for all loss, damage or injury directly or indirectly
arising in respect of your purchase and/or use of Goods is to be limited in
total to the value of the Goods purchased by you.
24. Sale of Goods:
To the greatest extent
permitted at law you agree that neither the Sale of Goods Act 1908, the United
Nations Convention on Contracts for the International Sale of Goods (1980), nor
the Sale of Goods (United Nations Convention) Act 1994 will apply to any Order
made by you from this website.
25. Jurisdiction:
These Terms of Sale
and the provision of any Goods to you are governed by, and are to be
interpreted in accordance with the laws of New Zealand, and in all matters
relating to or arising from your Sale and/or use of the Goods, you agree to
submit to the exclusive jurisdiction of the Courts of New Zealand.
26. Disputes:
In the event that you
have a dispute relating to or arising from your purchase and/or use of the
Goods you must immediately notify Kai in writing giving details of the dispute.
If Kai and yourself cannot resolve the dispute within fourteen (14) days then
to the greatest extent permitted at law the following procedure will apply. The
dispute will firstly be submitted to mediation by a mediator agreed to by both
yourself and Kai or, failing agreement, appointed by the Arbitrators and
Mediators Institute of New Zealand. If the matter is not resolved by mediation
within fourteen (14) days from there, (unless you are a consumer as defined in
the Consumer Guarantees Act 1993), the matter will be submitted for arbitration
by a single arbitrator to be appointed by the Arbitrators and Mediators
Institute of New Zealand in accordance with the Arbitration Act 1996. Unless
agreed otherwise by Kai, all such mediation and arbitration proceedings shall
take place at a venue in Auckland, New Zealand to be chosen by Kai acting
entirely at its own discretion. All costs in relation to the staging of such
proceedings (excluding for the avoidance of doubt any awards which may be made)
shall be borne equally by the parties unless explicitly stipulated otherwise by
the arbitrator or agreed otherwise by the parties.
27. Amendments:
Kai reserves the right
to amend these Terms of Sale from time to time. Amendments will be effective
immediately upon being placed on this website. Your purchase of Goods following
such amendments being placed on this website will represent an agreement by you
to be bound by the Terms of Sale as amended. Such amendments may include
replacing these Terms of Sale with entirely new Terms of Sale. For the avoidance of doubt, any amendments will not
be retrospective and accordingly the Terms of Sale published at the time of the
Sales will be applicable to your purchase.
28. Failure to Comply:
To the greatest extent
permitted at law Kai accepts no liability for any failure to comply with these
Terms of Sale where such failure is due to circumstances beyond its reasonable
control.
29. Waiver:
If Kai waives any
rights available to it under these Terms of Sale on one occasion, this does not
mean that those rights will automatically be waived on any other occasion.
30. Severability:
If any provision of
these Terms of Sale is held to be invalid, void, unenforceable or illegal for
any reason, such provision shall be deemed to be severed from these Terms of
Sale and the remaining provisions shall continue in full force.
31. Retain a Copy:
You should print out
and retain a copy of these Terms of Sale for your future reference.
32. Queries:
If you have any
queries in regard to these Terms of Sale please don’t hesitate to contact us help@kai.co.nz
or 0800 524 500