1.2 Sale of all Products subject to Terms and Conditions
These Terms of Trade shall apply between Tanji’s Art Supplies Limited (“the Company” or “us” and you (“the Customer or “you””) for the sale of all Goods and Services to you by us unless otherwise agreed in writing. All orders for Goods and Services will be accepted on the basis of these Terms of Trade. If you accept delivery of Goods from us or you accept any services from us or instruct us to perform in any way whatsoever you will be deemed to have accepted these Terms of Trade notwithstanding anything that may be stated to the contrary in your enquiries or your order
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. These terms and conditions include our Shipping Policies and Privacy Policies.
1.4 Customer liable for every order
The Customer will be liable for every order made under its Login and agrees to indemnify Tanjis 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
Tanjis Art Supplies shall use its best endeavours to prevent any unauthorised entry into the Tanjis Art Supplies Online Shopping Internet site. However, Tanjis Art Supplies shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
Why is Tanjis Art Supplies.co.nz safe?
Safe technology systems. Tanjis 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 Tanjis Art Supplies firewalls, so that your personal details are not accessible from the Internet.
2. PRICES, PAYMENT and DEFAULT:
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 Tanjis 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 Tanjis Art Supplies may vary prices: Tanjis Art Supplies may vary the prices of the Products at any time without notice.
2.6 All sales deemed cash sales: Unless otherwise agreed in writing, all sales are on a cash sale basis and payment is due in full prior to dispatch.
2.7 Seven day invoice: If an invoice is issued while we await payment from you, you must pay for all Goods supplied within 7 days of the date of the invoice relating to those Goods.
2.8 Notification of disputed invoice: You waive all your rights to challenge or dispute our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.
2.9 Default: If full payment for Goods or services supplied is not made on or before the due date, then without prejudice to any other remedies available to us:
(a) We may cancel or withhold supply or delivery of further Goods; and
(b) You shall pay (at our discretion) interest on the amount due at the rate of 1% per INVOICING PERIOD calculated on a daily basis from the due date until the date payment is received in full by us.
(c) Unless stated in writing. An invoicing period is 7 (seven) days.
(d) If extended terms have not been offered or agreed by us in writing, an ADMINISTRATION FEE will be charged for every invoicing period where we are required to issue you an invoice for penalty interest.
(e) Any payments received by us will be firstly applied against such additional interest and administration fees.
(f) You agree to pay in full ALL our reasonable and proper cost of collection of invoices not paid within seven days from the invoice date. You shall further be liable to reimburse us for any costs on an indemnity basis (including legal costs as between solicitor and client) incurred by us in recovering monies due or enforcing any of our rights pursuant to these Terms of Trade.
3. PRODUCT RANGE AND AVAILABILITY
3.1. Product availability:
Every effort will be made to fulfil orders placed with Tanjis Art Supplies, but Tanjis Art Supplies shall not be liable to any person if Tanjis Art Supplies are unable to supply product(s) for any reason whatsoever.
Tanjis Art Supplies Online Shopping may delay dispatch of a order due to stock availability.
(a)Tanjis Art Supplies Online Shopping reserves the right to determine the specials that are available on line.
(b)Specials are subject to availability while stocks last.
(c)Tanjis Art Supplies Online Shopping does not allow back orders for specials that are not available at the point of ordering.
(d)Tanjis Art Supplies reserves the right to limit quantities.
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.4.2 Alternate methods of payment:
If you do not wish to use your credit card to shop online, you have the option to set up payment by direct credit. (on-line banking). However goods will not be made or despatched until payment has been processed by our bank.
5.1 Address for delivery: 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: Tanjis 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. Tanjis 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: Tanjis 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 Tanjis 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 Tanjis Art Supplies immediately of a change to its delivery address
6. VARIATION/CANCELLATION OF ORDER:
(a) Variation/cancellation of order: The customer may vary or cancel the order up to the point in time that Tanjis 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.
(b) Substitution of Product: Subject to the Customer"s consent, Tanjis Art Supplies may substitute a Product for another similar product if the initial Product ordered by the customer is unavailable.
Property and risk in the Products shall pass to the Customer upon delivery to the Customer"s delivery address.
8. RETURNS OF PRODUCTS/REFUNDS
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.
8.1 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.
Tanjis Art Supplies
58 Castles Road
9. Terms and Conditions to Prevail:
(a) These Terms of Trade shall prevail where there is any inconsistency or variance with:
(i) Any previous Terms of Trade, invoice or document;
(ii) Any previous usage of trade or course of dealing between the parties; and
(iii) Anything that may have been stated by either party (or their representatives) to the other party unless specifically agreed to in writing by the Company.
(b) No alteration or variation of these Terms of Trade will be binding upon the Company unless authorised by the Company in writing. These Terms of Trade will without further notice apply to all future transactions between the parties whether or not this document is delivered to you in the course of such a transaction.
10. 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 Tanjis 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 Tanjis 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.
(a) Product liability: The liability of Tanjis 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 Tanjis Art Supplies" obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.
(b) No liability for indirect loss: Tanjis Art Supplies shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Tanjis 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 Tanjis Art Supplies Online Shopping shall at all times remain the property of Tanjis Art Supplies.
12. FORCE MAJEURE: If the performance by Tanjis Art Supplies of its obligations under Tanjis 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 Tanjis Art Supplies ) Tanjis 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 Tanjis 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 Tanjis Art Supplies relating to the fact that the customer has requested a correction. The customer agrees to pay Tanjis Art Supplies the reasonable charges requested by Tanjis 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 Tanjis Art Supplies.
15. VARIATION OF TERMS AND CONDITIONS: Tanjis Art Supplies may at any time, vary these Terms and Conditions.
16. WAIVER: The delay or failure by the Company to enforce its rights at any time or for any period in relation to any one or more of these Terms of Trade shall not be a waiver of them or estoppel of the right at any time subsequently to enforce all terms and conditions of these Terms of Trade.