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Terms of service

TERMS OF USE – EG.NZ LIMITED WEBSITE – TERMS

Current May 2023

This website is operated by EG.NZ Limited. Throughout the website, the terms “we”, “us” and “our” refer to EG.NZ Limited. By visiting our website, you agree to be bound by the following terms and conditions (“Terms”). We reserve the right to update, change or replace any part of these Terms at any time. It is your responsibility to check this page periodically for changes. Your continued use of our website following the posting of any changes constitutes acceptance of any changes.

  1. Intellectual property

    • All intellectual property in this website and any contents on this website is owned by us, or any third-party content providers.

  2. Use of Site and Content

    • Our website may only be used for its intended purpose, and you will not do anything to interfere with the website or its use by other people. Although we take care to ensure the information provided is accurate, we do not guarantee this and any reliance on the material on the website is at your own risk. Any content or third-party links on our website are provided for your convenience. We are not responsible or liable for any third-party content on our site, or the accuracy or safety of any third-party links.

  3. Limitation of Liability

    • We do not guarantee, represent or warrant your use of the website will be uninterrupted, timely, secure or error/virus free. You acknowledge we may remove the website for indefinite periods from time to time without notice to you. You expressly agree that your use of our website is at your own risk. In no case will EG.NZ Limited be liable for any loss, whether direct or indirect, or any form of special or consequential damages, arising out of your use of our website.

  4. Force Majeure

    • We will not be responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause beyond our reasonable control.

  5. Your Information

    • Any personal information you provide us is governed by our privacy policy which can be found here. You understand that any information you provide us, (not including credit card information) maybe transferred unencrypted. Credit card information will always be encrypted during any transfer.

  6. Consumer Guarantees Act

    • If the sale of products to you on this website are subject to the Consumer Guarantees Act 1993, then we will abide by any obligations under this legislation, however to the extent allowed by law, if you acquire our products for business purposes, then any warranties included under the Consumer Guarantees Act are excluded.

  7. Jurisdiction and Governing Law

    • These Terms will be governed by the laws of New Zealand, and the Courts of New Zealand will have non-exclusive jurisdiction over the interpretation of these Terms.

  8. Purchasing

    1. Formation of Contract You warrant that all information you provide us when placing an order for products on our website is true and correct. You are responsible for keeping your username and password associated with our website safe, and you warrant to us that any orders placed for products through our website have been authorised by you. Any order placed for products is an offer by you to purchase the products which is accepted by us when your order is confirmed by us.

    2. Product Availability We reserve the right to refuse to accept any order made through our website, and do not make any warranty as to the availability of any product even if this is recorded as being available on our website.

    3. Product Variability Any product ordered on our website may differ in appearance from products displayed on our website. By placing an order through our website for products you accept this variability due to the nature of the products.

    4. Payment Payment for orders, including delivery costs, can be made through our website using Shopify Payment Solution and payment is to be made at the time that an order is made by you. An order will only be accepted once payment has been made. If an order is not accepted and payment has already been made, then a full refund will be made to you. We reserve the right to change our delivery costs even after your order is accepted if the actual costs we are to incur to deliver the product to you changes, but only to the extent of these increased costs. Any such delivery cost change will not give you the right to cancel your order for the product.

    5. Price Variation We reserve the right at any time to vary the price of any products sold through our website up until the time that we have accepted your offer to purchase products through our website.

    6. Delivery When you order products through our website you will request delivery of the product be undertaken in a certain manner, and we will endeavour to accommodate this request, however if an alternative delivery method needs to be used, then we reserve the right to use this with no notice or liability to you. Any time frames that we indicate within which delivery will be completed are indicative only, and although we will endeavour to keep to these, we will not be liable for not meeting any such time frames.

    7. Risk & Title The risk in the products passes to you on delivery. The title to the products passes to you on the later of delivery or payment for the products. If the title to the products has not passed to you and you sell the products to a third party then you hold the proceeds of sale on trust for us until the title has passed to you.

    8. Returns and Refunds To the extent we have obligations to accept returns and/or refunds under any law in place in New Zealand, then we will do so, however otherwise, to the extent allowed by law, we contract out of any such provisions, and instead any refunds and returns will be dealt with as follows:

      1. We do not accept product returns.

      2. You must notify us within 48 hours of delivery of any damage or issues with any delivery and if accepted then we will either refund the purchase price or provide you replacement product at our election.

  9. Pricing

    • All pricing on our website is in New Zealand dollars and inclusive of Goods and Services Tax

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@eg.co.nz.