Terms and conditions

These terms and conditions regulate the business relationship between you and us.

By using Our Website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.

We are: Great Day New Zealand Ltd

Our address is: 38 Bernard Street, Hamilton 3210, New Zealand

You are: a visitor to Our Website / our customer

Our contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement.

If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

Acceptance of your order

Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.

If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

accept the alternatives we offer;

cancel all or part of your order.

Price and Payment

The price payable for the Goods that you order is clearly set out on Our Website.

Prices include goods and services tax (“GST”) and are in New Zealand Dollars. If you show by your delivery address that you reside outside New Zealand, we will refund to you the amount charged as GST.

If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.

Bank charges relating to payment in a currency other than New Zealand dollar will be borne by you.

Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

If we owe you money for any reason, we will credit your account from which we received your payment as soon as reasonably practicable but, in any event, no later than 15 business days from the date when we accept that repayment is due.

Security of your credit card

We take care to make Our Website safe for you to use.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

Cancellation and refunds

You may request to cancel your order at any time prior to when it has been dispatched.  On our acceptance of your request to cancel your order, we will provide a full refund.

We take great care to provide you with quality products.  If, on receipt of your order, you are unsatisfied with the condition or quality of any of the products your ordered from us, we will provide a full refund for those products.

In any of the above scenarios, we will return your money within 15 days.

Delivery

Goods are typically dispatched within 3 to 7 days from receipt of your order.  If we expect any delays in processing your order outside of this timeframe, we will contact you to advise of the anticipated dispatch date. 

Deliveries will be made by the Carrier to the address stipulated in your order.

We deem delivery to have occurred once your order has been delivered to the address stipulated in your order whether it has been signed for or not.  If your Goods have been damaged in transit, you must notify us immediately and within 3 days.

If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply, but no time given is to be treated as contractual, and we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

Foreign taxes and duties

If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Goods returned

These provisions apply in the event that you return any Goods to us for any reason and only after you have contacted us prior to returning them and received our acceptance to do so:

We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them;

We do not accept returns for ‘change of mind’;

You must tell us by email message to info@greatday.co.nz within 3 days of receipt that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. If your request is accepted, we will provide details on how to return the products.

If delivery was made to New Zealand address, you are also protected by the Fair Trading Act and the Consumer Guarantees Act.

Disclaimers

The law differs from one country to another. This paragraph applies so far as the applicable law allows.

All the conditions, warranties or other terms implied by the law of any county other than New Zealand are excluded from this agreement to the extent permitted by law.

We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

Our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

Security of Our Website

You agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

download any part of Our Website, without our express written consent;

collect or use any product listings, descriptions, or prices;

collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

share with a third party any login credentials to Our Website.

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the law of any country;

your breach of this agreement;

any act, neglect or default by any agent, employee, licensee or customer of yours;

a contractual claim arising from your use of the Goods;

a breach of the intellectual property rights of any person.

Intellectual Property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Miscellaneous matters

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

This agreement does not give any right to any third party.

Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.

The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.

© 2017 by Great Day New Zealand Ltd      Terms & Conditions

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