1. GENERAL
1.1 Definitions
- "Customer" means you and all other persons who purchase the products
under your Login.
- "GST" means goods and services tax.
- "Intellectual Property" means all intellectual property rights of
whatsoever nature, including (without limitation) patents, designs,
present and future trademark or copyright, and whether or not registered
or registrable by any means, and the right to file an application for
registration thereof.
- "Login" means a Customer"s personal password and access to Tanji’s
Art Supplies Online Shopping under that Customers registration.
- "Products" means all the products for sale in Tanji’s Art Supplies
Online Shopping.
- "Store Policy" means the store policy of Tanji’s Art Supplies Online
Shopping.
- "Tanji’s Art Supplies Online Shopping" means [this Internet site
owned by Tanji’s Art Supplies and the medium by which Products are offered
for sale by Tanji’s Art Supplies to the Customer].
1.2 Sale of all Products subject to Terms and Conditions
All the Products sold by Tanji’s Art Supplies are sold subject to the
following terms and conditions. The terms and conditions apply to every
contract of sale unless expressly varied by Tanji’s Art Supplies in writing.
1.3. Terms and Conditions to prevail
These terms and conditions shall prevail over any other document purporting
to have a contractual effect including the Store Policy.
1.4 Customer liable for every order
The Customer will be liable for every order made under its Login and
agrees to indemnify Tanji’s Art Supplies for all claims, damages whatsoever
made by any third party arising from the actions of a person placing orders
for the Products using the Customers Login.
1.5 Security of Information
Tanji’s Art Supplies shall use its best endeavours to prevent any unauthorised
entry into the Tanji’s Art Supplies Online Shopping Internet site. However,
Tanji’s Art Supplies shall not be liable for any damage or loss whatsoever
if any third party gains unauthorised access.
Why is Tanji’s Art Supplies.co.nz safe?
Safe technology systems. Tanji’s Art Supplies.co.nz uses, an internationally
recognised encryption protocol to encrypt all personal data that you type
into our site, before it travels across the Internet. Once we receive
your data, it is stored on a secure server for the life of the order,
behind Tanji’s Art Supplies firewalls, so that your personal details are
not accessible from the Internet.
Safe payment guarantee. Tanji’s Art Supplies guarantees protection of
your credit card information. We guarantee that every order you place
at www.Tanjis.co.nz will be 100% safe. This means that you will not be
liable if unauthorised charges through no fault of your own, are made
to your account as a direct result of shopping at www.Tanjis.co.nz while
using the secure server. All credit cards are authorised before any charges
are made. In the event of unauthorised use of your credit card, you must
notify your credit card provider immediately and act in accordance with
its reporting regulations and procedures.
2. PRICE
2.1 Currency
The prices of products are displayed in New Zealand currency.
2.2 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.3 Adjustments to price
Subject to clause 2.4, there may be adjustments to the price (reduction
only) after an order is made pursuant to the Store Policy and the Customer
will be notified of any adjustments on the invoice which will accompany
the purchased products upon delivery.
2.4 Variation of order and price
If the Customer requests a variation to the order which Tanji’s Art Supplies
accepts then the price payable for the order will be adjusted accordingly
to reflect the variation and recorded on the invoice.
2.5 Tanji’s Art Supplies may vary prices
Tanji’s Art Supplies may vary the prices of the Products at any time
without notice.
3. PRODUCT RANGE AND AVAILABILITY
3.1. Product availability
Every effort will be made to fulfil orders placed with Tanji’s Art Supplies,
but Tanji’s Art Supplies shall not be liable to any person if Tanji’s
Art Supplies are unable to supply product(s) for any reason whatsoever.
Tanji’s Art Supplies Online Shopping may delay dispatch of a order due
to stock availability.
3.2 Specials
Tanji’s Art Supplies Online Shopping reserves the right to determine
the specials that are available on line.
Specials are subject to availability while stocks last.
Tanji’s Art Supplies Online Shopping does not allow back orders for specials
that are not available at the point of ordering.
Tanji’s Art Supplies reserves the right to limit quantities.
4. PAYMENT
4.1 Payment by credit card
The Customer shall make payment of each order by credit card. Delivery
of the Customers first order placed using a credit card, requires the
Customer to be present to receive the order.
Alternate methods of payment. If you still do not wish to use your credit
card to shop online, you have the option to set up payment by direct credit.
New Zealand customers can also pay by cheque (order will be automatically
cancelled if cheque not received within five working days. However goods
will not be despatched until the cheque has been received and processed.
The option of using credit card will remain available to you in the event
that you change your mind.
4.2 Debt Collection
The customer is liable for all costs associated with debt collection
where the customer"s payment has defaulted for an order(s).
5. DELIVERY
5.1 Orders placed without a street delivery address will not be processed.
All required fields on the order form must be completed and credit card
information must be verified as correct before orders are processed
5.2 Right to withhold delivery
Tanji’s Art Supplies withhold the right to deliver the Products to the
Customer for any reason whatsoever.
5.3 Best endeavours
Product delivery takes around 3 - 4 working days from receipt of order
(within NZ) If you do not receive your goods within 7 working days please
contact us via e-mail. Tanji’s Art Supplies shall use reasonable endeavours
to deliver the Products of acceptable quality to the delivery address
(specified by the Customer on the order form) on a timely basis.
5.4 Delays to delivery
Tanji’s Art Supplies shall not be liable for failure to deliver on a
timely basis whether the delay has been due to causes beyond the control
of Tanji’s Art Supplies or otherwise.
5.5 Delivery deemed to have taken place
If the Customer fails or refuses to take delivery of the Products, the
Products shall be left at the delivery address and be deemed delivered
at that point in time.
5.6 Split Orders
We may choose to part delivery your order if some items are delayed.
We will not charge any extra freight for back orders.
5.7 Change of Address
The Customer is to notify Tanji’s Art Supplies immediately of a change
to its delivery address
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The customer may vary or cancel the order up to the point in time that
Tanji’s Art Supplies has commenced packing the order by contacting. If
the Customer wishes to cancel the order after the order has been packed,
the customer will incur a twenty dollar cancellation fee.
6.2 Substitution of Product
Subject to the Customer"s consent, Tanji’s Art Supplies may substitute
a Product for another similar product if the initial Product ordered by
the customer is unavailable.
7. PROPERTY/RISK
7.1 Products
Property and risk in the Products shall pass to the Customer upon delivery
to the Customer"s delivery address.
7.2 Login and email
The customer is obligated to keep their login and password details safe
and confidential at all times.
8. RETURNS OF PRODUCTS/REFUNDS
8.1 Goods can only be returned if faulty and with proof of purchase.
Goods will either be replaced free-of-charge or the purchase price refunded.
Goods must be returned within 7 days of receipt of your order.
8.2 How to Return Goods
Indicate the reason for returning the product, include the packing slip
with your return and wrap the package securely. If you do not have your
packing slip please indicate the order number on a separate piece of paper.
Send the package to the address indicated below and send email to advise
of dispatch of returns.
Tanji’s Art Supplies
58 Castles Road
RD3
Oropi
Tauranga
New Zealand
8.3 Refunds
We will notify you via email of your refund once we have received and
processed
8.4 Tanji’s Art Supplies has the right to vary its policies relating
to the return and refund of products at any time without notice.
9. WARRANTIES
Except as provided in the Consumer Guarantees Act 1993, all warranties,
descriptions, representation or advice given as to the fitness or suitability
for any purpose, tolerance to any conditions, similarity to sample, merchantability
or otherwise, are expressly excluded. No agent or representative of Tanji’s
Art Supplies is authorised to make any warranties, representations or
unauthorised warranties, representations or statements. The Customer shall
ensure that the Products are not used for any purpose for which they are
not suitable and shall be responsible for using all necessary skill and
care in handling and using the products. The Customer expressly acknowledges
and agrees that Tanji’s Art Supplies assumes no obligation or liability
for any advice given and all such Products are accepted by the Customer
entirely at the customers risk.
10. LIABILITY
10.1. Product liability
The liability of Tanji’s Art Supplies whether in contract, tort or otherwise
for any loss, damage or injury arising directly or indirectly from any
defect in or non-compliance of the Product or any other breach of Tanji’s
Art Supplies" obligations hereunder shall not in any event exceed an amount
equivalent to the price of the product.
10.2. No liability for indirect loss
Tanji’s Art Supplies shall not be liable for any consequential, indirect
or special damage or loss of any kind whatsoever nor shall Tanji’s Art
Supplies be liable for any damage or loss caused by the Customer"s servants,
agents, buyers or other persons whatsoever.
11. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts,
systems, written, graphic and other material relating to Tanji’s Art Supplies
Online Shopping shall at all times remain the property of Tanji’s Art
Supplies.
12. FORCE MAJEURE
If the performance by Tanji’s Art Supplies of its obligations under Tanji’s
Art Supplies Online Shopping is prevented by reason of "force majeure"
(which shall include prevention occasioned by fire, casualty, accident,
act of God, natural disaster, any law, order, proclamation, regulation,
demand or requirement of any government or government agency, strikes,
labour disputes, shortage of labour or lack of skilled labour, shortage
or unavailability of products or raw materials, delay in transit, electricity
or communications failures, or other causes whatsoever (whether similar
to the foregoing or not) beyond the reasonable control of Tanji’s Art
Supplies ) Tanji’s Art Supplies shall be excused from such performance
to the extent of such prevention.
13. CUSTOMER RIGHTS
The Customer is aware of his/her rights under the Privacy Act 1993 to
have access to personal information held by Tanji’s Art Supplies and to
request correction to the information and to be informed of action take
in response to any such request and/or to request that there be attached
to the information a statement which the customer can supply to Tanji’s
Art Supplies relating to the fact that the customer has requested a correction.
The customer agrees to pay Tanji’s Art Supplies the reasonable charges
requested by Tanji’s Art Supplies in relation to time and attendances
involved in complying with the Customer"s request in this regard.
14. CONSUMER GUARANTEES ACT
The customer acknowledges that where the Products are ordered for business
purposes (as that term is defined in the Consumer Guarantees Act 1993)
("CGA") the provisions of the CGA shall not apply to the sake of the Products
by Tanji’s Art Supplies.
15. VARIATION OF TERMS AND CONDITIONS
Tanji’s Art Supplies may at any time, vary these Terms and Conditions.