EcoProducts Ltd - Terms and Conditions

Terms and Conditions

We provide our services to you subject to the following notices, terms and conditions. In addition, when you use any EcoProducts Ltd service, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service.

Terms and Conditions of Sale

1. Definitions

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:-

"Products" means any products forming the subject matter of this Contract.

"Contract" means a contract for the sale by us to you of the Products.

"Price" means the price for the Products, and includes GST and shipping costs (except where noted).

"Site" means the EcoProducts Ltd web site.

"Nominated Payment Authority" means Visa, Mastercard or personal cheque issued against a New Zealand registered bank.

2. Introduction to the Site

2.1 This Site is owned and operated by EcoProducts Ltd. By using this Site, you agree to these Terms and Conditions. If you disagree with any of these terms and conditions, you should not access or use this Site.

2.2 We shall sell and you shall purchase the Products from this Site in accordance with these Terms and Conditions only. You acknowledge that you are aware of the contents of these Terms and Conditions.

3. Orders, Price and Payment

3.1 You must order the Products in accordance with the instructions on this Site.

3.2 You will pay for the Products by authorising us to charge any one of your Nominated Payment Authorities:

3.3 All payments for the Products are payable in New Zealand dollars.

3.4 The price for the Products shall be the price quoted on our Site at the time of making your order, and the costs associated with additional services and delivering the Products to you.

3.5 Except where specifically stated, our prices do include all import fees, duties, tariffs or other charges associated with importing the Products.

3.6 Except where specifically stated, our prices do not include export fees, duties, tariffs or other charges associated with exporting the Products.

3.7 If you elect to pay by cheque, your order will not be processed and the Products will not be dispatched until such time as your cheque has cleared.

4. Payment

4.1 You must pay us for the purchase of the Products in full by authorising us to charge your Nominated Payment Authority to the date on which we dispatch the Products to you from our warehouse. Some Nominated Payment Authorities may require us to debit your Payment Authority before the goods are ordered – this will be explicitly stated before you place the order.

5. The Products

5.1 We may revise and/or discontinue Products at any time without notice.

6. Title and Risk

6.1 Orders are not binding upon EcoProducts Ltd until accepted by EcoProducts Ltd. Should EcoProducts Ltd not accept the order then all monies will be refunded to you.

6.2 We remain the owners of the Products we supply to you until you have paid in full all amounts that you owe to us for all the Products.

6.3 Products are at your risk as soon as they have been delivered to you.

7. Freight & Delivery

7.1 We will at our own cost, freight the Products to you by whatever method and route we consider to be the most expedient.

7.2 If we have specified a delivery date, we will try and deliver the Products to you by that date. However,

(a) We will be entitled to deliver the Products to you after the stated delivery date or cancel the contract without being liable to you in any way if the delay in delivery is in respect of causes outside our control or we are unable to deliver the Products to you;

(b) We may deliver the Products to you by installments in any quantities and each delivery will be a separate contract independent from the other deliveries.

8. Return of Products

8.1 You may return Products to us in one of the following situations:

(a) Where nothing is wrong with the Products and you have simply chosen to return the products because, for example, you have changed your mind. In this situation you have 30 days from the date of the products dispatch to return the Products back to us. We may at our option, either:

(i) credit your Nominated Payment Authority with an amount equal to the cost of the Products (excluding handling and freight); or

(ii) provide you with a EcoProducts Ltd gift voucher for a sum equal to the cost of the Products (excluding handling and freight).

(b) Where the Products are faulty or damaged. In this situation we will at your option either:

(i) replace the Products; or

(ii) give you a full refund on your Nominated Payment Authority; or

(iii) credit your Nominated Payment Authority with a EcoProducts Ltd gift certificate.

8.2 All Products returned in accordance with clause 8.1(a) must be returned in their original condition and packaging, along with any accompanying accessories together with the invoice and packing slip accompanying the Products.

8.3 All Products returned in accordance with clause 8.1(b) must be returned in their original condition and packaging, along with any accompanying accessories together with the invoice and packing slip accompanying the Products.

8.4 If you wish to return a Product to us, please follow the following procedure:

(i) credit your Nominated Payment Authority with an amount equal to the cost of the Products (excluding handling and freight); or

(ii) provide you with a EcoProducts Ltd gift voucher for a sum equal to the cost of the Products (excluding handling and freight).

(b) Where the Products are faulty or damaged. In this situation we will at your option either:

(i) replace the Products; or

(ii) give you a full refund on your Nominated Payment Authority; or

(iii) credit your Nominated Payment Authority with a EcoProducts Ltd gift certificate.

(a) Make sure you fill out the return slip attached to the back of the tax invoice accompanying the Product;

(b) Wrap the Product securely and send it to us in a parcel post pack or, if the Product is too large, then a sturdy carton, together with the invoice which accompanied the Product and the return slip to:

EcoProducts Ltd
100B Railside Ave
Henderson
Auckland
NEW ZEALAND

8.5 You must also provide us with the following information:

(a) The reason for the return of the Product which must be one of the following:

(i) your choice;

(ii) the Product received is not that which you ordered;

(iii) the Products are faulty or damaged.

(b) In the case of faulty or damaged Products only, the method of type of refund you require, which must be either one of the following:

(i) Full refund, in which case you must provide us with your credit card details;

(ii) Replacement Products; or

(iii) We will provide you with a EcoProducts gift voucher, equal to the value of the Products returned.

8.6 If you have any problems regarding your order – you may contact us at support@ecoproducts.co.nz (citing an order number) or call us on (09) 835 1607.

9. Warranty & Guarantees

9.1 Subject to the specific terms of these Terms and Conditions we guarantee:

(a) The safety of your Credit Card;

(b) That every transaction you make with EcoProducts Ltd will be 100% safe. This means you pay nothing if unauthorised transactions are made to your card as a direct result of shopping at EcoProducts Ltd. This includes only direct costs, not incidental or consequential losses.

9.2 Everything that we sell to you is guaranteed on the following terms:

(a) Where the Consumer Guarantees Act 1993 applies to this contract:

(i) If the Products are acquired by you for business purposes, you agree that the Consumer Guarantees act 1993 does not apply; and

(ii) If the Products are not acquired by you for business purposes, we reserve the right to repair or replace any Products which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993.

(b) Where you supply the Products in trade to a person acquiring them for business purposes, it must be a term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the Products.

(c) You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.

9.3 Nothing in these Terms and Conditions are intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.

9.4 We shall not be liable to you for any damage to the Products due to external causes, including accident, abuse, misuse, problems with electrical power, usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of supplied parts and components not supplied by us.

9.5 Notwithstanding anything else contained in these Terms and Conditions, we shall not be liable to the you for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.

9.6 The material and information provided in this Site is supplied upon the condition that you will make your own determination as to its suitability for your purposes prior to use. We will not be liable for any damages, losses or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the materials in this Site.

9.7 Nothing in this Site is to be construed as a recommendation to use any Product.

10. Restrictions on Use

10.1 Material from this Site and other Sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.

10.2 Modification, distribution, or use of the material contained in our Site for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.

11. Copyright

11.1 Unless otherwise specified all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as a selection, assembly and arrangement (collectively defined as the "Marks") thereof, are proprietary to EcoProducts Ltd, copyright © 2000 ALL RIGHTS RESERVED or other respective owners that have granted EcoProducts Ltd the right and license to use such Marks. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with EcoProducts Ltd or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of EcoProducts Ltd is strictly prohibited. You may use the content of this Site only for the purposes of shopping on this Site, or placing an order and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

11.2 EcoProducts Ltd respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify EcoProducts Ltd at support@ecoproducts.co.nz

12. Disclaimer

12.1 Although the information provided in this Site is presented in good faith and believed to be correct as of the date it was submitted, we make no warranties or representations about the accuracy or completeness of this Site, its content or the content of any Web Site "hot linked" to or from this Site. We reserve the right, but makes no binding commitment, to update or correct the terms and conditions and information contained in this Site at any time, without notice.

13. Applicable Laws

13.1 Except as otherwise described, all materials in this Site are made available only to provide information about this Site, and Products and services to be supplied on the Site. This Site is controlled and operated by us, from its offices within New Zealand. We make no representation that the materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.

13.2 If you choose to access this Site from other locations do so of their own initiative and are responsible for compliance with applicable local laws.

13.3 You may not use or export the materials in this Site in violation of New Zealand laws and regulations.

13.4 You acknowledge that Products licensed or sold hereunder are subject to the export control laws and regulations of New Zealand.

14. Trademarks

14.1 In connection with the supply of Products and services pursuant to this Site, we use a substantial number of other trademarks and service marks on this Site. These trademarks and service marks may not be used or reproduced without our prior written permission.

15. Year 2000

15.1 You acknowledge that you have and will make no claim against us for any costs incurred or loss suffered by you howsoever as a result of or arising out of any interruption to the use and enjoyment of the Products or the Site by you where such interruption of use or enjoyment is caused by the computer problem widely known as the year 2000 problem which in turn causes, without limitation, the failure of any of the Products or your computer or related technology.

16. General

16.1 Nothing in these Terms and Conditions shall affect the statutory rights of you dealing with us as a consumer under the Consumer Guarantees Act.

16.2 If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in party, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

16.3 The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.

16.4 This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.

Your Privacy and About Buying From Us
EcoProducts Ltd, 100B Railside Ave, Henderson, Auckland, New Zealand
Ph/Fax: (09) 835 1607 Email: info@ecoproducts.co.nz