1. Application of Terms
1.1. By using the Site, you confirm that you are over the age of 18 years and that you accept and agree to comply with these Terms, whether or not you place an order for Products through the Site.
1.4. If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms.
2.1. We may change these Terms at any time by updating them on the Site. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Site, you agree to be bound by the changed Terms.
3.1. The following words and phrases have specific meanings wherever you see them used in these Terms:
Perfect Plus means Perfect Plus Limited, a company registered in New Zealand under company number 7287124, with its registered office c/o Glenda McLeod Accounting Limited, 58 O’Brien Road, Omiha, Waiheke Island, 1081, New Zealand, and our, us and we used in these Terms refer to Perfect Plus.
Product means a product for sale on the Site.
Site means the Perfect Plus website at www.perfectplus.co.nz
Terms means these terms and conditions.
you means the person who accepts these Terms in accordance with clause 1 above.
4. Site Content
4.1. While we have endeavoured to ensure that the information provided on the Site is free from error, we do not warrant its accuracy, adequacy or completeness, and we shall not be responsible or liable for any error in, or omission from, the information provided on the Site.
4.2. The Site attempts to display Product images shown as accurately as possible. However, we cannot guarantee that the colour you see matches the Product colour, as the display of the colour depends, in part, upon the monitor you are using.
4.3. We reserve the right to make changes to the information provided on the Site at any time and without notice.
5. Intellectual Property Rights
5.1. We are the owner or the licensee of all intellectual property rights in the Site (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel). Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world. All such rights are reserved.
5.2. You must not reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Site without our express prior written permission.
6. Trade not supplied
6.1. Unless otherwise agreed, you may not purchase Products through the Site for the purpose of resale.
7.1. Prices are displayed in New Zealand dollars, inclusive of goods and services tax (GST). We have made every effort to provide accurate pricing information on the Site. Where the pricing error is reasonably obvious we may cancel any orders through our Site.
8. Product Availability
8.1. While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the Products ordered and paid for by you, we will either refund you the price paid for such Products as soon as possible and in any case within 30 days or allow you to backorder the Products.
9.1. We will not send any Products ordered by you unless and until you have completed payment in full of the price for the Product listed on the Site and applicable delivery cost.
9.2. You must pay us for any Products ordered by you by Visa and MasterCard. We reserve the right to refuse to accept payment from you by credit card for any reason whatsoever.
9.3. We take security and customer service very seriously and appreciate the trust placed in us when providing your credit card details. For this reason, we have implemented a fully hosted payment solution provided by Payment Express.
9.4. If we suspect any fraudulent use of the Site or personal or payment details, we reserve the right to put any order on hold while we undertake the necessary checks, including bank checks. We further reserve the right to cancel any transaction following such checks.
9.5. If your credit card is declined by your financial institution, delivery of the relevant order will not be made, and we will contact you to make alternative payment arrangements.
10.1. We reserve the right to cancel any accepted order prior to delivery, at our discretion (whether or not your credit card has already been charged. If your credit card has already been charged and your order is cancelled, we will immediately upon confirmation issue an appropriate credit to your credit card account.
11.1. We deliver within New Zealand only. You must make sure that the delivery address and receiver’s name for your order is accurate and complete (including any business name if you ask us to deliver to a work address) because we may be unable to change these details once the order has been placed. We cannot take responsibility for any orders that go missing due to incorrect delivery information provided by you, or because you have not chosen a safe delivery address.
11.2. Delivery will be made via by courier. The cost of delivery is additional to the cost of the Products ordered and will be automatically added to your order at the payment stage.
11.1. Delivery of your order shall be deemed to occur at the time your order is dispatched to you by mail from our warehouse. All risk of loss or damage in relation to the Products ordered shall pass to you upon delivery.
12.1. We hope that you will be totally satisfied with the Product(s). However, if for some reason you are not, or if your Product(s) are damaged or faulty in any way, you may return your Product(s) and we may either send you another Product(s) or arrange a full refund.
13.1. We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and Site in order to access the Site. You should use your own virus protection software.
13.2. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, or on any website linked to either of them.
13.3. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
14. Linked Websites
14.1. The Site may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. Perfect Plus is not responsible for the content or privacy practices associated with Linked Websites.
14.2. Links with Linked Websites do not constitute an endorsement, approval or recommendation by Perfect Plus of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites.
15. Links to this Site
15.1. You must not create a link to any part of this Site without our prior written consent. If you do create a link to any page of this Site, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep us indemnified against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, arising from, or in connection with, that link, whether brought in tort, contract, equity or otherwise.
16.1. We will not be liable to you for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
16.1.1 use of, or inability to use, the Site;
16.1.2 any error in, or omission from, any information made available through the Site; or
16.1.3 any site linked from the Site.
17.1. If you buy Products from us for personal use, the guarantees set out in the Consumer Guarantees Act 1993 will apply to those Products.
17.2. If you buy goods for business use, then we exclude all warranties, representations or conditions in relation to the goods provided by us implied by law, trade, custom or otherwise and our liability for any claim, damages, loss or expense related to the supply or use of goods is limited to the cost paid by you for those goods and we will not be liable, whether in contract, tort (including negligence) or otherwise for any business losses including indirect, consequential or special loss or damage, loss of profits, loss of data, loss of savings and loss of opportunity.
18.1. You agree to indemnify, and hold Perfect Plus and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the Site or your violation of these Terms.
19. Events outside our control
19.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with you that is caused by events outside our reasonable control (a “Force Majeure Event”) including, without limitation, fire, flood, explosion, storm, earthquake, war, terrorism, sabotage, revolution, riot or civil commotion, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lockouts, failure of supplies of public or private telecommunications networks, power or fuel or the default of suppliers or sub-contractors. Our performance under our contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under such contract may be performed despite the Force Majeure Event.
20.1. We may assign or transfer these Terms, at our sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in absolute discretion.
20.2. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Perfect Plus:
20.2.1 via email (in each case to the address that you provide) or
20.2.2 via the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent.
20.3. These Terms shall be governed by and construed in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination.
20.4. No failure or delay by Perfect Plus to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by Perfect Plus shall prevent or restrict the further exercise of that or any other right or remedy.
20.5. If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be severable and deemed to be deleted, and shall not affect the validity, legality or enforceability of the remaining provisions.
20.6. If you have any questions or concerns in relation to the Site or these Terms, please contact us firstname.lastname@example.org
20.7. These Terms were last updated on 15 June 2019.