This page sets out the terms and conditions on which we sell products (Products) listed on our website www.puresource.co.nz (our Website) to you. Please read these terms and conditions carefully before ordering any Products from our Website. Click the links below to expand and see more information.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:-
- “Products” means any products forming the subject matter of this Contract.
- “Contract” means a contract for the sale by us to you of the Products.
- “Price” means the price for the Products, and excludes GST and shipping costs.
- “Site” means the Pure Source website.
2.1 This Site is operated by Pure Source. By using this Site, you agree to these Terms and Conditions. If you disagree with any of these terms and conditions, you should not access or use this Site.
2.2 “Pure Source” is a trading name of Friend Wholesale Limited.
2.3 We shall sell and you shall purchase the Products from this Site in accordance with these Terms and Conditions only. You acknowledge that you are aware of the contents of these Terms and Conditions.
3.1 You must order the Products in accordance with the instructions on this Site.
3.2 All payments for the Products are payable in New Zealand dollars.
3.3 The price for the Products shall be the price quoted on our Site at the time of making your order, and the costs associated with additional services and delivering the Products to you.
3.4 Except where specifically stated, our prices do not include shipping costs.
3.5 If you have incorrectly ordered products you must contact us within 7 days of receiving the products and arrange for products to be freighted back to us at your own cost.
4.1 A Goods and Service tax is applied to all items shipped to a New Zealand destination.
4.2 The Total GST charges will be calculated for you before you place your order.
5.1 We may revise and / or discontinue Products at any time without notice.
6.1 Orders are not binding upon Pure Source until accepted by Pure Source.
6.2 We remain the owners of the Products we supply to you until you have paid in full all amounts that you owe to us for all the Products.
6.3 Products are at your risk as soon as they have been delivered to you.
7.1 We will freight the Products to you by whatever method and route we consider to be the most expedient.
7.2 If you have specified a delivery date, we will try and deliver the Products to you by that date.
7.3 We will not be held responsible for undelivered parcels, but will make every effort to help with any delivery problems should they arise.
7.4 We reserve the right to cancel domestic orders that are not being delivered in Mainland NZ, including but not limited to Waiheke, Chatham and Stewart Islands due to extra freight charges. Orders may be sent if a freight price is agreed on and payment made.
8.1 Import duties and/or taxes may be imposed by your local government on shipments from outside your country.
8.2 These charges if any are made payable to your government, you are responsible for paying any taxes, duties and/or customs fees charged by your government. Please check with your local post office for more information.
9.1 You may return Products to us where the Products are faulty or damaged. In this situation we will at your option either:
(i) replace the Products; or
(ii) credit the Products
9.2 All Products returned in accordance with clause 7.1 must be returned in their original condition and packaging, along with any accompanying information ie reason for return and invoice number.
9.3 If you have any problems regarding your order you may contact us at [email protected] or call us on +64 (0) 7 347 8855.
10.1 Subject to the specific terms of these Terms and Conditions we guarantee:
(a) Your privacy in respect of any transactions that you enter into with Pure Source.
10.2 Everything that we sell to you is guaranteed on the following terms:
(a) Where the Consumer Guarantees Act 1993 applies to this contract:
(i) If the Products are acquired by you for business purposes, you agree that the Consumer Guarantees act 1993 does not apply; and
(ii) If the Products are not acquired by you for business purposes, we reserve the right to repair or replace any Products which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993.
(b) Where you supply the Products in trade to a person acquiring them for business purposes, it must be a term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the Products.
(c) You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
10.3 Nothing in these Terms and Conditions are intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.
10.4 We shall not be liable to you for any damage to the Products due to external causes, including accident, abuse, misuse, problems with electrical power, usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of supplied parts and components not supplied by us.
10.5 Notwithstanding anything else contained in these Terms and Conditions, we shall not be liable to you for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.
10.6 The material and information provided in this Site is supplied upon the condition that you will make your own determination as to its suitability for your purposes prior to use. We will not be liable for any damages, losses or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the materials in this Site.
10.7 Nothing in this Site is to be construed as a recommendation to use any Product.
11.1 Material from this Site and other Sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.
11.2 Modification, distribution, or use of the material contained in our Site for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions, and is provided for lawful purposes only.
12.1 Unless otherwise specified all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as a selection, assembly and arrangement (collectively defined as the “Marks”) thereof, are proprietary to Pure Source or other respective owners that have granted Pure Source the right and license to use such Marks. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Pure Source or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Pure Source is strictly prohibited. You may use the content of this Site only for the purposes of shopping on this Site, or placing an order and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
12.2 Pure Source respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Pure Source at [email protected]
13.1 Although the information provided in this Site is presented in good faith and believed to be correct as of the date it was submitted, we make no warranties or representations about the accuracy or completeness of this Site, its content or the content of any Web Site “hot linked” to or from this Site. We reserve the right, but make no binding commitment, to update or correct the terms and conditions and information contained in this Site at any time, without notice.
14.1 Except as otherwise described, all materials in this Site are made available only to provide information about this Site, and Products and services to be supplied on the Site. This Site is controlled and operated by us, from its offices within New Zealand. We make no representation that the materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.
14.2 If you choose to access this Site from other locations you do so at your own initiative and are responsible for compliance with applicable local laws.
14.3 You may not use or export the materials in this Site in violation of New Zealand laws and regulations.
14.4 You acknowledge that Products licensed or sold hereunder are subject to the export control laws and regulations of New Zealand.
15.1 Nothing in these Terms and Conditions shall affect the statutory rights of you dealing with us as a consumer under the Consumer Guarantees Act.
15.2 If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in party, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
15.3 The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
15.4 This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.