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.
Order: You may only order Goods from this website (“Order”) in the manner specified on this website.
Details: To enable Kai to complete your Order you must provide all information requested from you in the process of placing your Order.
Payment: Payment for all Goods must be made in the manner described on this website.
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.
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.
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.
Reimbursement: If Kai cancels your Order Kai will reimburse you for any payments received by Kai relating to your Order.
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.
Title: Title in the Goods does not pass to you until payment has been received in full by Kai.
Capacity: The Goods are offered for sale by Kai only to persons who can make legally binding contracts.
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.
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.
Risk: Risk in the Goods shall pass to you upon delivery of the Goods to the address specified by you when making your Order.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Retain a Copy: You should print out and retain a copy of these Terms of Sale for your future reference.
Queries: If you have any queries in regard to these Terms of Sale please don’t hesitate to contact us firstname.lastname@example.org or 0800 524 500
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