Store Policy

WAIAPU ROAD 

Terms and Conditions of Sale (Terms)


By ordering Goods from Waiapu Road, you (the Customer) agree that the following Terms and Conditions of Sale shall apply to the supply of those Goods. These Terms replace any previous arrangements or understandings relating to supply by Waiapu Road (or any other entity authorised to trade under the name Waiapu Road) to the Customer.


Unless otherwise specifically agreed in writing by Waiapu Road, where any Terms of the Customer’s order or any request for supply are inconsistent with these Terms, then these Terms will prevail. Any variations or additions to these Terms will only be accepted if expressly agreed in writing by Waiapu Road.

  1. Definitions
    1. Waiapu Road shall mean Jonique Oli-Alainuuese trading as Waiapu Road and its successors and assigns.
    2. Customer shall mean the purchaser of goods and services from Waiapu Road or any person acting on behalf of and with the authority of the Customer.
    3. Goods shall mean all goods supplied by Waiapu Road to the Customer (and where the context permits includes any supply of Services).
    4. Price means the price payable for the Goods and Services as advertised by Waiapu Road to the Customer on the date of acceptance subject to clause 3 of this agreement.
    5. Services shall mean all services supplied by Waiapu Road to the Customer and includes any advice or recommendations (and where the context permits includes any supply of Goods).
    6. Terms means these terms and conditions of sale contained in this agreement
  2. Acceptance
    1. Any instructions received by Waiapu Road from the Customer for the supply of Goods or Services shall constitute acceptance of the terms and conditions contained in this agreement.
    2. Where more than one Customer has purchased Goods under these Terms, the Customers shall be jointly and severally liable for all payments due to Waiapu Road.
  3. Price
    1. At Waiapu Road’s sole discretion the Price shall be as indicated on invoices provided by Waiapu Road to the Customer in respect of Goods and Services supplied at the time of purchase.
    2. Prices are subject to variation without notice. The price payable for the goods shall be the price specified by Waiapu Road at the time of purchase. 
    3. Waiapu Road is a New Zealand based business and all transactions are billed in New Zealand dollars and include GST (15% sales tax)
    4. The price of the Goods excludes the cost of delivery and handling fees, which is payable as follows: $10NZD for New Zealand (complimentary for orders over $150NZD) and $30NZD for Australia 
    5. You will be liable for any international import duties, customs & local sales taxes levied by the country you are shipping to. These taxes and duties may need to be paid in order to release your order from customs on arrival into your country.
  4. Payment
    1. Payment shall be made in full on the date the Goods are confirmed as ordered unless otherwise agreed to between Waiapu Road and the Customer. Payment must be made by way of direct credit or any other method as agreed to between Waiapu Road and the Customer.
    2. The Customer may not deduct, set-off or withhold any amount from any money owing to Waiapu Road.
  5. Returns 
    1. All items purchased are deemed final sale and are not eligible for a refund unless faulty as per clause 5.3.
    2. Waiapu Road may in its absolute discretion agree to exchange an item provided that the item is returned in original condition with tags attached within 14 working days from the date of delivery. The Customer is responsible for the cost of return shipping if applicable. 
    3. If an item is faulty please email Waiapu Road at waiapuroad@gmail.com with the order number and a detailed description of the fault along with any relevant imagery within a reasonable timeframe, so that Waiapu Road can look to resolve this. If it is determined that the item is faulty and Waiapu Road was notified within a reasonable timeframe the Customer will be eligible to have the item repaired, replaced or refunded at Waiapu Road’s election.
    4. Items that are damaged as a result of wear and tear are not considered to be faulty. If the item was purchased over a year ago, the fault will be considered wear and tear and Waiapu Road will not repair or replace it.
    5. If an item is faulty and it has been worn, please send it back clean. Soiled returns will not be accepted.
  6. Delivery and Risk
    1. The Goods and Services remain at Waiapu Road’s risk until delivery to the Customer.
    2. Delivery of Goods shall be deemed complete when Waiapu Road delivers the Goods to the Customer’s address or possession of the Goods is given to a carrier, courier, or other bailee for purposes of transmission to the Customer. 
    3. If a carrier, courier, or other bailee for purposes of transmission to the Customer is used the Customer will be provided with details of this and any relevant tracking information.
    4. The costs of carriage shall be paid by the Customer on the date for payment of the Price for the Goods. The carrier shall be deemed to be the Customer’s agent.
    5. If the Customer believes an order has been lost/damaged in transport or not delivered, they may lodge a claim with the relevant delivery provider. In some cases, the delivery provider may ask the Customer to get in touch with Waiapu Road as part of the claims process. If this is the case, please contact Waiapu Road at waiapuroad@gmail.com.
  7. Privacy Policy
    1. Waiapu Road are committed to keeping personal information confidential. The Customers personal information will not be given to any other company or persons. The information provided when a Customer make a purchase is only used to process the order efficiently.
    2. Waiapu Road do not capture or store any personal information about individuals except where the Customer has chosen to provide their personal details by email or an online form to enquire or buy a product on Waiapu Road’s website.
    3. Waiapu Road collect and store only the following information from people visiting Waiapu Road’s website that is automatically recognised: the date and time, the originating IP, the type of browser and operating system used, the URL of the referring page, the object requested, and the completion status of the request.
  8. Warranties
    1. All warranties, terms and conditions (including, without limitation, warranties and conditions as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are hereby excluded to the extent permitted by law
    2. The Customer acknowledges that it is solely responsible for ensuring it meets its legal requirements and to obtain its own legal advice if required on any matters, including any legal compliance matters.
  9. Consumer Guarantees Act 
    1. If the Customer is acquiring or holding itself out as acquiring Goods or Services under this agreement for business purposes, then the Consumer Guarantees Act 1993 will not apply.
  10. Limitation of Liability
    1. Waiapu Road shall not have any liability or responsibility to the Customer for any loss, damage or injury, whether arising in contract, tort, equity or otherwise, which does not flow directly or naturally (i.e. in the ordinary course of things) from a breach of this agreement including, in each case, consequential loss of business or profits or other loss. 
  11. Extent Liability
    1. If it is shown that Waiapu Road is liable to the Customer and Waiapu Road cannot, for any reason, rely on the exclusion of the liability as set out above, then the maximum amount Waiapu Road will be liable to the Customer for will only be for the Price paid by the Customer for the Goods and Services and expenses incurred. 
  12. Dispute Resolution
    1. Where a genuine dispute arises between the parties concerning this agreement, the party initiating the dispute ("the first party") must provide written notice of the dispute to the other party ("the other party") and nominate in that notice the first party's representative for the negotiations.  The other party must within seven days of receipt of the notice, give written notice to the first party naming its representative for the negotiations.  Each representative nominated shall have authority to settle or resolve the dispute. The representative shall use their best endeavours to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party.
    2. No party may commence any court proceedings relating to the dispute unless that party has complied with the procedures set out in clause 12.1.
  13. General
    1. Waiapu Road will not be liable for failure to meet its obligations if the failure is brought about by a force majeure circumstance (i.e. any circumstances outside Waiapu Road’s control).
    2. Except as specifically provided, no amendment to this agreement will be effective unless it is in writing and signed by both parties.
    3. No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
    4. If any provision of this agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this agreement and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.
    5. This agreement shall be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.