Facebook

New Zealand Import Terms and Conditions of Sale

  1. General
  2. Basis of Contract and Ordering
  3. Price, Payment and Use of Discount/Coupon Codes
  4. Import Goods
  5. Invoicing, Supply and Delivery of Goods
  6. Change of Mind Returns
  7. Warranty and Returns
  8. Force Majeure
  9. Miscellaneous
  10. Security Policy

 

1. GENERAL

1.1.   These terms and conditions of sale apply to goods delivered to an address in New Zealand but supplied from Australia.

These terms and conditions apply in addition to the standard terms and conditions and adopt, where applicable, the same definitions. In all clauses, in the event of an inconsistency between these documents, the standard terms and conditions shall prevail.

1.2.    In this Agreement:

‘Meyer” we”, “us” and “our” means Meyer Cookware Australia Pty Ltd (ACN 073 818 069)
"you" and "your" means anyone who uses the Website.

“Contract” means any contract entered into for the provision of goods by Meyer to You.
“Site”
means Circulon.com.au ("Website") which is owned and operated by Meyer Cookware Australia Pty Ltd (ACN 073 818 069) ("Meyer").

“Import Goods” means goods which are available for sale through this website and are supplied from Australia;
"Terms" means these Terms and Conditions of Sale;

“Taxes” means value added taxes (excluding GST), all levies, imposts, charges and duties imposed by any authority and the cost of customs clearance in relation to Import Goods.

1.3.    If you do not agree to any terms and conditions of this Agreement, you must not use the Website.

1.4.    We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.

1.5.    We will endeavour to alert you to any significant changes to this Agreement next time you log into your account, but we are under no obligation to do so. You should regularly check this Agreement to make sure you are familiar with the most current version.  You should also be familiar with our current Privacy Policy.

  

2.       BASIS OF CONTRACT AND ORDERING

2.1.    These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.

2.2.    Any quotation, displayed price, order list or order confirmation provided by Meyer to You concerning the proposed supply of goods is an invitation to treat only, and is subject to You placing an order which is your offer to enter into a Contract with Meyer on these Terms.

2.3.    A Contract is formed when Meyer confirms its acceptance of Your order and receipt of Your payment.

2.4.    Meyer in its absolute discretion may refuse to accept any order.

2.5.    Meyer may vary or amend these Terms by notice written notice to You at any time. Any variations or amendments will apply to orders made by You after the date of notice.

3.       PRICE, PAYMENT AND USE OF DISCOUNT/COUPON CODES

3.1.    The prices of goods, delivery and other charges are in Australian dollars (AUD) and are inclusive of AUD GST (if any).

3.2.    Any shown reference to New Zealand Dollars (NZD) acts as an estimate to conversion between AUD and NZD.    

3.3.    Prices are current at the time of display but are subject to change.

3.4.    Payment for the goods must be made strictly by credit card immediately upon confirmation of Your order. Goods will not be dispatched until full payment has been confirmed.

3.5.    Goods displayed are subject to availability. If any goods are not available, Meyer will inform You within 5 days.

3.6.    In the case of non-availability of goods:

3.6.1.You may request the provision of substitute or similar goods or services; or

3.6.2.cancel Your order; and

3.6.3.Meyer will make the appropriate adjustment to, or refund of, the purchase price.

3.7.    If your payment is not received or is declined by your bank or credit card issuer, Meyer cannot and will not hold the product against your order. In such instances we do not guarantee that the product will be available should you try to order it again.

3.8.    From time to time, You may be eligible for coupons or gift vouchers relating to the goods ("Coupons").

3.9.    Coupons may only be redeemed on the Site, and are not redeemable for cash. You must enter the Coupon during the ordering process in order to redeem the percentage discount or free gift.

3.10.  Meyer reserves the right to vary or terminate any Coupon program at any time. Any special conditions from time to time relating to the redemption of Coupons will be displayed on this Site.

4.      IMPORT GOODS

4.1.    You acknowledge and agree that when purchasing Import Goods, you are purchasing the goods from Meyer through our Site.

4.2.    By entering this Contract for Import Goods, you are deemed to accept these Terms and Conditions including the obligations contained in this clause.

4.3.    Import Goods are sold to you by Meyer on a Delivered At Place (DAP) basis, in accordance with the Incoterms® 2010 terms, whereby the risk of ownership and title in the goods passes to you on the date and time Meyer places the Import Goods at your disposal at your named place of delivery.

4.4.    You acknowledge and agree that you will be recorded as the importer of the goods and will be the responsible party for any Taxes associated with the importation of Import Goods, as well as, where applicable, compliance with any New Zealand standards or laws that may apply to the importation of such goods.

4.5.    You acknowledge and agree that we are not liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Import Goods.

4.6.    You acknowledge and agree that delivery of your Contract for Import Goods is subject to satisfactory inspection and clearance by customs authorities in New Zealand and any other relevant jurisdiction.

4.7.    If your Contract for Imported Goods arrives in New Zealand and the customs value is greater than the ‘low value import threshold’ (currently NZD$400, subject to change at any time), you may be required to pay the relevant Duty and Taxes. For further information, please consult the New Zealand Customs Service website at https://www.customs.govt.nz

5.       INVOICING, SUPPLY AND DELIVERY OF GOODS

5.1.    Import Goods are shipped directly to you from Australia. Meyer will use its best endeavours to meet stated timeframes for delivery, however many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met.

5.2.    Meyer will arrange for the delivery of the goods to You to a nominated delivery address within New Zealand. You will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of despatch of the goods to the point of delivery.

5.3.    Meyer will designate the method of delivery for the goods. If You require a more costly method of delivery, You must reimburse Meyer for the extra cost involved.

5.4.    Delivery of goods will occur within an estimated 7-10 working days. Any period or date for delivery of goods stated by Meyer is intended as an estimate only and is not a contractual commitment. Meyer will use its reasonable endeavours to meet any estimated dates for delivery of the goods.

5.5.    A postage receipt, courier docket or driver's manifest directing delivery to the address nominated by You will be proof of delivery of the goods.

5.6.    You may be required to provide photo identification at the time of delivery of the goods.

5.7.    You indemnify Meyer against any loss or damage suffered by Meyer as a result of delivery, except where caused by Meyer's negligence.

5.8.    You must advise Meyer in writing within 72 hours of delivery:

5.8.1.    of the non arrival of any or all of the goods;

5.8.2.    if there is damage to the goods;

5.8.3.    that the wrong goods have been received; or

5.8.4.    that the quantity of the goods is incorrect.

 

6.      CHANGE OF MIND RETURNS

6.1.    Once an order is placed for Import Goods, it cannot be cancelled. Because Import Goods are despatched from overseas to their destination and the shipping process is highly automated, we cannot, under any circumstances, accept a change of mind return for Import Goods. You must review your order very carefully before checkout to confirm all your details and your desired product in your cart is correct.

7.      WARRANTY AND RETURNS

7.1.    Each range of goods provided by Meyer is subject to specific warranty terms, limitations and exclusions:

7.1.1.    that are supplied with the goods; and

7.1.2.    that are available from Meyer upon request.

7.2.    Meyer will replace any goods that arrive at their destination faulty or damaged. Notification of faulty or damaged products must be received by Meyer’s Customer Service Department within 48 hours of the package being signed for accepting delivery. Under these circumstances, Meyer will provide instructions on how to return goods in an appropriate manner. These details can be obtained either by telephone on #61 3 9761 5655 or by email to service@circulon.com.au

7.3.    Meyer will replace any undamaged item within 30 days of purchase so long as the product is returned in its original condition including unopened and unmarked packaging, and accompanied by proof of purchase in the form of an original tax invoice/receipt and/or packing slip. Any products returned to Meyer are at the customer's own cost and risk. Delivery and handling charges on returns are not refundable for incorrect choice or change of mind.

 

8.       FORCE MAJEURE

8.1.    Meyer shall have no liability whatsoever under or in any way related to the sale of the goods or otherwise for any failure to fulfil any obligation hereunder to the extent that such fulfilment is prevented by circumstances beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts of terrorism, or acts of war. Should an event of force majeure occur Meyer may terminate the Contract by giving You written notice.

 

9.       MISCELLANEOUS

9.1.    The law of Victoria from time to time governs Your Contract with Meyer.

9.2.    Meyer's failure to enforce any of these Terms shall not be construed as a waiver of any of Meyer’s rights.

9.3.    If any of the Terms are unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.

9.4.    A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on the sender's communications machine confirming successful transmission.

9.5.    Meyer is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with You will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles. Such information may be accessed by request to Meyer in accordance with Meyer's Privacy Policy, available at Privacy Policy

 

10.   SECURITY POLICY

10.1.     When purchasing from Meyer Cookware Australia Pty Ltd, we accept payment via Paypal, MasterCard and Visa for orders delivered in New Zealand. Your financial details including the information you enter in relation to your credit card payments are transacted and are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.