Terms & Conditions

Terms & Conditions - Shopping Online

The following terms apply to accessing and using this site:

Shipping

Caithy Organics will not be responsible for orders that go missing when the customer has incorrectly advised us of their address. Should you enter the wrong address, Caithy Organics is not obliged to re-send the order to the correct address at our expense.

For purchases outside of New Zealand, Caithy Organics is not responsible for taxes, customs charges, duties, and restrictions that vary from country to country and result from the importation of certain products.

 

Site & content

Caithy Organics NZ Limited provides the information on this site on an "as-is'' basis. You must make your own assessment of the content suitability and products offered for your own purposes. You are solely responsible for actions taken based on information in and accessed via this site. Site content may echo the reference & research consulted from various sources for the information. Request to update content will be considered if found appropriate. Whilst Caithy Organics NZ Limited has tried to ensure the information on this site is complete, accurate, correct and current, it does not guarantee such information will be complete, accurate, correct and current when you access it.

Caithy Organics NZ Limited may change services and/or information described on this site at any time without prior notice given.

 

Contact Details

If you have any queries regarding shopping with Caithy, please email us at info@caithyorganics.com

 

All liability excluded

We will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind suffered or incurred by you in connection with your access to or use of this site or the information in our products accessed through it.

 

Disclaimer

This Service provides general information about Caithy Organics and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about Caithy Organics. Caithy Organics reserves the right to change, delete or move any of the material on the Service at any time without notice.

Caithy Organics shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service or product.

 

Terms of Trade

1.    Definitions In these terms and conditions:

1.1 “Application” means the retailer or distributor application for a credit account between the Supplier and Customer in relation to the supply of the Goods.

1.2 “Customer” means the person, firm, company, partnership, trust, or entity named on the Application who has placed an order for Goods from the Supplier or has otherwise communicated acceptance of these Terms (including by electronic means).

1.3 “Goods” means all goods and software which are supplied by the Supplier under these Terms, or any contract, agreement, arrangement

1.4  “Intellectual Property” means any property of a creative, branding, or innovative nature including (as an example but without limitation) trademarks, designs, copyright, methods of business of the manufacturer, and confidential information.

1.5  “PPSA” means the Personal Property Securities Act 1999, and in these Terms, unless the contrary intention appears, the terms “at risk”, “financing statement”, “financing change statement”, “proceeds”, “security interest” and “verification statement” each have the meaning given to that term in the PPSA.

1.6 “Premises” means the physical address noted on the Application.

1.7 “Supplier” means Easy Forms Limited and its successors and assigns.

1.8 “Terms” means these terms and conditions.

2.    General

2.1   These Terms apply to all offers, quotations, and agreements entered into between the Supplier and the Customer for the supply of Goods.

2.2 The Customer signing the Application or placing an order shall be deemed to be acceptance of these Terms by the Customer.

2.3 Unless otherwise agreed to in writing by the Supplier, in the case of any conflict arising between these Terms and any other terms in any other document between the Customer and the Supplier, these Terms shall prevail.

2.4 Subject to clause 7.1.2 the Customer may have additional rights under the Consumer Guarantees Act 1993 and Credit (Repossession) Act 1997.

2.5 The Application forms part of the Terms.

2.6 Reference to :

2.6.1      any legislation includes its successor or amendment legislation; and

2.6.2      the singular includes the plural and vice versa.

3.     Payment and price3.1    Payment for the Goods shall be made:

3.1.1     on or before delivery of the Goods or the 20th day of the month following the date of the Supplier’s invoice (depending on whether the Supplier agrees to extend credit to the Customer); and

3.1.2      for the full amount stated on the Supplier’s invoice (without any kind of deduction or set-off) and in cleared funds; but

3.1.3      immediately, where there has been a default under these Terms.

3.2 Where the full payment has not been received in accordance with this clause, the Customer agrees to pay interest to the Supplier on the amount owing on the due date at the rate of 1% per month, calculated on a daily basis, and shall accrue in the same manner until payment of the overdue amount and any interest is made in full. Where only part payment has been made, or any payment made where full payment has not been made for Goods previously supplied, the Supplier may apply the payment received by the Customer towards any of the Goods supplied at the Supplier’s sole discretion.

3.3 The Customer will pay to the Supplier on a full indemnity basis all costs and expenses (including costs on a solicitor and client basis) that the Supplier incurs in general administration, delivery of Goods, storage (where the Customer fails to take delivery), securing its position, PPSA matters in clause 9, repossessing, and enforcing, or attempting to enforce any of the Supplier’s rights under these Terms.

3.4 All prices are in New Zealand dollars and exclusive of goods and services tax and other government levies, unless otherwise stated, and a number of goods and services tax shall be added to the price payable by the Customer.

3.5 Prices are only valid for the time stated on any quotation, website, or price list, or if no time is stated, the date of the quotation, price list, or search of the website, and is subject to change without notice.

3.6 The Customer is liable for full payment of any order for Goods subsequently cancelled by the Customer. However, if there is a contract for Goods between the Supplier and the Customer for a fixed term, and the contract is cancelled by the Customer (whether by notice or default), then the Customer will be liable for 50% of the contract price.

4.     Delivery and risk

4.1   The Supplier undertakes to use all reasonable endeavours to deliver the Goods within the time requested, but the time of delivery shall not be treated as a condition of sale. The Supplier shall not be liable in any way to the Customer or any other party for loss resulting from the delay. In addition, the Supplier shall not be liable for any loss or damage suffered by the Customer due to the non-performance, non-delivery, or delay in delivery of the Goods howsoever arising through no fault of the Supplier.

4.2 The Supplier reserves the right to deliver the Goods by instalments and each instalment shall be deemed to be a separate contract governed by these Terms.  Should the Supplier fail to deliver any instalment within the time requested or a reasonable time thereafter, this shall not give the Customer any right of rejection in respect of any other instalments.

4.3 Delivery shall occur when the Supplier (or a third party on instruction by the Supplier) hands possession or control of the Goods to the Customer (or a third party on instruction by the Customer) at which point the Goods shall be at the sole risk of the Customer.  The Supplier shall not be liable for any damage to the Goods once the risk has passed.

4.4 Subject to any returns policy expressly stated by the Supplier to the Customer, the Customer shall be deemed to have accepted the Goods unless the Customer notifies the Supplier of damage to the Goods within three (3) working days of delivery of the Goods to the Customer.

4.5 If the Goods are not accepted according to clause 4.4, the return and credit of Goods shall be at the sole discretion of the Supplier. The Customer will bear the cost of delivery of the returned Goods.

4.6 Insurance, merchandise, storage of the Goods is the sole responsibility of the Customer.

4.7 Any information provided to product purchaser by the Customer at the sole risk of the Customer.

5.    Insurance 5.1   For so long as any amounts are owing to the Supplier the Customer must ensure and keep the Goods insured once the risk has passed to the Customer for the full insurable value or such other amount or amounts and against such risks and contingencies and on such terms as the Supplier deems necessary.

5.2 The Customer shall forthwith notify the Supplier of the happening of any event in relation to the Goods against which the Goods are insured. Where the Customer receives any insurance proceeds for the Goods, such proceeds shall be paid to the Supplier in the reduction of amounts owing by the Customer to the Supplier.

6.    Location and title 6.1   The Goods shall be held by the Customer at the Premises and if received from supplier by courier then Customer shall keep a record of where, or in whose possession, those products were received and held. Subject to the foregoing, the Customer shall not remove the Goods, or allow the Goods to be removed from the Premises without the prior written consent of the Supplier.

6.2 The Goods shall either be kept separate from other goods or labelled in such a way so that the Goods are easily identifiable as belonging to the Supplier. The Customer must keep accurate financial records in order to trace the proceeds of any sale or other disposition of the Goods until the Goods are fully paid for.

6.3 Despite delivery of the Goods to the Customer, passing of risk, and possession of Goods by the Customer, title to the Goods is retained by the Supplier, and the Goods are held by the Customer as bailee only, until the Customer has paid the Supplier in full for all Goods in accordance with clause 3 of these Terms. Part payment of any amount for the Goods does not convey any part right, title, and interest in the Goods.

7.     Representations and warranties

7.1     The Customer represents and warrants that:

7.1.1      All information provided in the order is correct.

7.1.2      The Customer is acquiring the Goods for business purposes, and accordingly, the Consumer Guarantees Act 1993 and the Credit (Repossession) Act 1997 do not apply to the supply or repossession of the Goods.

7.1.3      It will notify the Supplier of any change in ownership, control, status, or management of the Customer.

7.2 The above representations and warranties apply to every supply of Goods under these Terms.

7.3 The only warranty given by the Supplier is the express warranty supplied to the Customer by the Supplier or the manufacturer of the Goods in respect of specified Goods. Any such warranty may include situations that void the warranty.

7.4 Subject to any liability that cannot be excluded by law, the Supplier’s total aggregate liability shall be limited to the price paid by the Customer for the relevant Goods.

8.    Default8.1   The Customer acknowledges the following shall be deemed to be in default under these Terms:

8.1   The Customer acknowledges the following shall be deemed to be in default under these Terms:

8.1.1      if any amount payable by the Customer is overdue; or

8.1.2      if the Customer fails to meet any obligation under, or there is a breach of any provision or warranty in these Terms, or if there is a breach of any obligation under any other contract or deed between the Customer and the Supplier; or

8.1.3      if the Customer becomes or is likely to become insolvent or an arrangement is made with its creditors; or

8.1.4      if a receiver is appointed in respect of any assets of the Customer; or

8.1.5      if the Customer no longer carries on business or threatens to cease carrying on business; or

8.1.6      if the Supplier has reasonable grounds to believe the Goods are at risk.

8.2 Following any default under these Terms, the Supplier shall be entitled to do any or all of the following:

8.2.1      refuse to supply any Goods; and/or

8.2.2      call-up all amounts owing by the Customer to the Supplier as immediately due and payable;

8.2.2      call-up all amounts owing by the Customer to the Supplier as immediately due and payable; and/or

8.2.3      cancel all or any part of any contract or contracts (including these Terms) with the Customer; and/or

8.2.4      enter the Premises to recover any of the Goods (whether they are on display or stored in any way) or enter any other premises where the Supplier believes the Goods are stored at any time and without notice and to use such force as required (the Customer irrevocably authorises and indemnifies the Supplier and any of its agents for this purpose), and/or

8.2.5      Appoint any person or persons to be a receiver of all or any of the Goods.  A receiver has (in addition to the powers conferred by the Receiverships Act 1993, at law or otherwise and except to the extent expressly excluded by his or her terms of appointment) all the powers in relation to the Goods to do anything the Customer (or a person with absolute ownership of the Goods and carrying on the business for its own benefit) could do and to exercise such powers on such terms and conditions as the receiver thinks fit.

8.3 The enforcement, partial enforcement, waiver of rights, invalidity, or grant of time, of any of the Supplier’s rights under these Terms, shall not be deemed to be a waiver or invalidity of any other of the Supplier’s rights under these Terms.

9.    PPSA9.1   The Customer grants to the Supplier a security interest in all present and after-acquired Goods supplied by the Supplier to the Customer and all proceeds of the Goods for the purposes of the PPSA and as security for the payment of the Goods and any amount owing by the Customer to the Supplier from time to time.

9.2 On the request of the Supplier, the Customer shall promptly execute any documents and do anything else required by the Supplier to give effect to these Terms and to ensure that the security interest created under these Terms constitutes and remains a first ranking perfected security interest over the Goods.

9.3 The Customer:

9.3.1      shall notify the Supplier in writing of a change of its name at least 14 days prior to the date on which the change of name becomes effective;

9.3.2      shall provide any information the Supplier reasonably requires to complete a financing statement or a financing change statement; and

9.3.3      waives any right to receive a copy of a verification statement under the PPSA.

9.4   The Customer agrees that nothing in sections 114(1) (a), 117(1) (c), 133 and 134 of the PPSA shall apply to these Terms.

9.5   The Customer agrees that its rights as debtor in sections 116, 120(2), 121, 127, 129 and 131 of the PPSA shall not apply to these Terms.

10.   Intellectual property rights10.1   Except for any trademarks, designs, or other Intellectual Property supplied by the Customer, the Supplier owns all Intellectual Property in relation to the Goods, and the Customer shall not acquire any right, title or interest in the Supplier’s Intellectual Property.

10.2   The Customer is not authorised to sue or disclose to anyone (disclosure includes failing to properly store or protect or failing to ensure employees are properly trained and monitored) any of the Supplier’s Intellectual Property in relation to the Goods without the expressed written authority of the Supplier in writing. Where any such consent is given the consent will be as the licensee, non-transferable, and for a limited time period only.

10.3   The Customer must advise the Supplier immediately when it becomes aware of any unauthorised use or attempted use by any person of the Supplier’s Intellectual Property.

10.4   Any new Intellectual Property borne or created out of the Goods will remain the sole property of the Supplier.

11.   Miscellaneous11.1   The Customer authorises the Supplier to collect from any person, search any database, and to hold and release to any person, personal information concerning the Customer for the purposes of processing this application for a credit account, determining creditworthiness, communication promotional activities and product information, debt collection, reporting to any crediting reporting or referencing agency any breach by the Customer of any obligation to the Supplier, and enabling the Supplier to sell or assign to any person any obligation the Customer may have to the Supplier. The Customer authorises any person from whom the Supplier requests information concerning them to release that information to the Supplier. The Customer understands that under the Privacy Act 1993 the Customer has the right to access to, and may request correction of, personal information held by the Supplier about the Customer. This clause also relates to any guarantor, parent, or subsidiary of the Customer.

11.2   These Terms shall be governed by and construed in accordance with the laws of New Zealand and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.

11.3   The Supplier shall be entitled to amend these Terms at its sole discretion upon 30 days’ notice in writing to the Customer. Such amended terms shall apply to all orders placed by the Customer at the expiry of the 30 day notice period.

11.4   The Customer may not assign its rights under these Terms, the Application, and any other document between the Customer and the Supplier without written consent of the Supplier. The Supplier may assign its rights and title under the Terms without the consent of the Customer.

11.5   Where any provision of these Terms becomes illegal, invalid or unenforceable the remaining provisions of the Terms will be unaffected.