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Terms of Agreement for online trading

between

GourmetGifts.co.nz (Tomvic Industries Ltd T/a Gourmet Gifts)

and

The user of this website ("You/Your")
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.

 

DEFINITIONS

"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
"GourmetGifts.co.nz" means GourmetGifts.co.nz (Tomvic Industries Ltd T/a Gourmet Gifts)
"Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
"Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
"Website" means internet website with the URL www.GourmetGifts.co.nz
"You" means the user of the Website (and "Your" has the corresponding meaning).

PLACING AN ORDER AND PAYMENT

1. By completing an online Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by GourmetGifts.co.nz to You.
2. Payment must be made at the time of submitting the Purchase Order. We accept bank transfers and credit cards or you may use the PayPal facility. You warrant that You are an authorised user of the credit card used to complete payment.
3. All Purchase Orders placed through this Website are subject to confirmation and acceptance by us. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by Us will be upon Your receipt of the email confirming dispatch of the Product. GourmetGifts.co.nz may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance from Us.
4. The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in New Zealand Dollars (NZD), Australian Dollars (AUD), American Dollars (USD) or British Pounds (GBP). 
If you are ordering in a different currency your payment will be converted to New Zealand Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. We are not responsible for any currency conversion charges your bank imposes.
5. This Website uses cookies to allow the web server to recognise you as a unique user when you visit. These cookies are necessary for the proper functioning of certain data access features on the site, such as the online shopping component. Cookies allow programs running on the web server to keep track of your order data.
6. GourmetGifts.co.nz reserves the right to limit the quantities of product sold to you. It is a condition of this Agreement that you do not resell the Products to a third party.
7. This Agreement must be read in conjunction with the Delivery and Returns Policy and our Privacy Statement. These documents form part of this Agreement.

YOUR USE OF THIS WEBSITE

You agree that You will use this Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose. 
You will not violate or attempt to violate the security of the Website. You will not hack into the Website, the Website hosts computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attack or any other method designed to damage or interfere with the operation of a computer system or website.

INTELLECTUAL PROPERTY

1. Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
2. Unless otherwise noted, all Products on this Website are protected as the copyright, trademarks and/or other intellectual properties owned by GourmetGifts.co.nz or by other parties that have licensed their material to GourmetGifts.co.nz.
3. All rights not expressly granted are reserved.
4. This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under GourmetGifts.co.nz's direct control and GourmetGifts.co.nz accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that GourmetGifts.co.nz is entitled to require you to remove any link from another website to this Website which you install without obtaining GourmetGifts.co.nz prior written consent.

LIMITATION OF LIABILITY

1. To the fullest extent permitted by law, GourmetGifts.co.nz's liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of GourmetGifts.co.nz, to:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods.
2. GourmetGifts.co.nz’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if GourmetGifts.co.nz has been notified of the possibility of such loss or damage.
3. You agree that GourmetGifts.co.nz's liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.

FORCE MAJEURE

GourmetGifts.co.nz will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause that is beyond GourmetGifts.co.nz's reasonable control.

TERMINATION

GourmetGifts.co.nz reserves the right to terminate this Agreement at any time.
GourmetGifts.co.nz shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
If the Product has not been delivered to You prior to any termination of this Agreement by GourmetGifts.co.nz, GourmetGifts.co.nz will refund to You any payment You have made prior to the termination.

MISCELLANEOUS

1. This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by GourmetGifts.co.nz in writing.
2. Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party’s ability to subsequently exercise those rights.
3. The Agreement will be made on GourmetGifts.co.nz's acceptance of Your offer and will be, and is, governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
4. Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in New Zealand are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
5. If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
6. You may contact GourmetGifts.co.nz by email at admin@GourmetGifts.co.nz or by phone at +649 481 9026