TERMS
Terms & Conditions of Use
1. Terms and Conditions: Welcome to Endemic Limited’s (“Endemic”) website. These terms and conditions of use (“Terms and Conditions”) apply to your use of this website. By using this website, you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must leave this website immediately.
2. Further Terms: As well as these Terms and Conditions the Privacy Policy also applies to your access to and use of this website. You should ensure that you read the Privacy Policy in conjunction with these Terms and Conditions. By accessing this website you are deemed to have read and agree to be bound by the Privacy Policy as well as these Terms and Conditions. In addition, if you wish to purchase any of the goods offered by Endemic through this website, you must ensure you read the Terms of Purchase as by purchasing any of the goods offered by Endemic through this website, you are deemed to have read and agree to be bound by the Terms of Purchase.
3. Amendments: Endemic reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on this website. Your continued use of this website following such amendments being placed on this website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
4. Intellectual Property: Unless otherwise stated, Endemic is the owner or licensee of all copyright, trademarks and other intellectual property rights relating to this site and its contents. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and software that are included in this website. Endemic’s ownership of, or licensed right to use, such intellectual property, is protected by both New Zealand and international law.
5. Licence: Endemic grants you a limited licence (“Licence”) for the purpose of accessing and making use of this website. Any contravention by you of these Terms and Conditions or any other terms posted on this website or notified to you by Endemic which are intended to govern your use of this website, terminates the Licence immediately. Under no circumstances, without the prior written approval of Endemic, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than in accordance with the Licence. You shall not use any data gathering and extraction tools or software to extract information from this site. You shall not frame or utilize framing techniques to enclose any of the contents of this website without Endemic’s express prior permission. You may not use any meta tags or other hidden text which incorporate Endemic’s name or any of its intellectual property including trademarks, without the Endemic’s express prior permission. Using any information or content included on this website other than in accordance with the terms of the Licence is strictly prohibited. You agree to fully indemnify Endemic for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence, including, in respect of any third party claims against Endemic, its related parties, employees, contractors or agents.
6. Proprietary Notices: In the event that you are granted permission by Endemic to use this website or any portion of it or its content other than as provided for by the Licence, subject to any contrary agreement you reach with Endemic, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
7. Content: While Endemic has endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and has no reason to believe that any information contained on this website is inaccurate, Endemic does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Endemic does not undertake to keep this website updated. Endemic does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this website including without limitation where such loss or damage is a result of or contributed to by the negligence of Endemic.
8. Linked Websites: This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Endemic is not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be regarded as approval or as an endorsement, of those linked websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those linked websites including further links contained on those linked websites, unless and to the extent stipulated to the contrary on this website.
9. Links: If you provide a link to this website you agree that you will not use any Endemic logo, trademark or other proprietary graphic as part of such link without the express prior approval of Endemic.
10. Accessing: You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Endemic does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of this website or any linked website.
11. Exclusion of Warranty: To the greatest extent permitted by law, in relation to your access and use of this website, any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded. If you are accessing and using this website for the purposes of a business as defined in the Consumer Guarantees Act 1993, then you agree that the provisions of that Act will not apply to your access and use of this website.
12. Exclusion of Liability: To the greatest extent permitted by law, under no circumstances will Endemic, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to your access and use of the website or in respect of any failure or omission on the part of Endemic to comply with its obligations as set out in these Terms and Conditions.
13. Limitation of Liability: To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Endemic becomes liable for any loss or damage that would otherwise have been excluded, Endemic’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to $50 in New Zealand currency.
14. Jurisdiction: This website is governed by and is to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of this website, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
15. Disputes: In the event that you have a dispute in respect of the content of this website or relating to or arising from your use of this website you must immediately notify Endemic in writing giving details of the dispute. If Endemic and yourself cannot resolve the dispute within fourteen (14) days then to the greatest extent permitted at law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Endemic or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand. If the matter is not resolved by mediation within fourteen (14) days from there, (unless you are a consumer as defined in the Consumer Guarantees Act 1993), the matter will be submitted for arbitration by a single arbitrator to be appointed by the Arbitrators and Mediators Institute of New Zealand in accordance with the Arbitration Act 1996. Unless agreed otherwise by Endemic, all such mediation and arbitration proceedings shall take place at a venue in Auckland, New Zealand to be chosen by Endemic acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
16. Failure to Comply: Endemic accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
17. Waiver: If Endemic waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
18. Severability: If any provision of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining provisions shall continue in full force.
19. Queries: If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact us.
Term Of Purchase
1. Terms and Conditions: These terms of purchase (“Terms of Purchase”) apply to your purchase of any goods (“Goods”) offered by Endemic Limited (“Endemic” or “we”) through this website. By purchasing any Goods, you are deemed to have read and agree to be bound by these Terms of Purchase. If you do not accept these Terms of Purchase or can not comply with these Terms of Purchase you must not purchase any Goods.
2. Further Terms: As well as these Terms of Purchase, the Terms and Conditions and the Privacy Policy also apply to your access to and use of this website. You should ensure that you read the Terms and Conditions and Privacy Policy in conjunction with these Terms of Purchase. By accessing this website you are deemed to have read and agree to be bound by the Terms and Conditions as well as the Privacy Policy.
3. Order: You may only order Goods from this website (“Order”) in the manner specified on this website.
4. Details: To enable Endemic to complete your Order you must provide all information requested from you in the process of placing your Order.
5. Payment: Payment for all Goods must be made in the manner described on the website.
6. Prices: All prices listed on this website are in New Zealand dollars and payment for all Orders will be made in New Zealand dollars. All prices are exclusive of shipping and handling charges (“Shipping Charges”) which will be notified to you as part of the purchasing process prior to completing any Order. Goods and Services Tax is included in all prices and Shipping Charges for goods to be delivered within New Zealand. Unfortunately it is outside of endemic's control as what taxes, duties or charges may be imposed or levied outside of New Zealand in connection with the supply of the Goods and consequently such amounts are not included in the prices and are your responsibility to pay.
7. Accuracy: Although Endemic aims to ensure that the prices and description of the Goods contained on this website are accurate, Endemic reserves the right to amend any inaccuracies in such prices or descriptions at any point. In the event that your Order is affected by any such inaccuracies then Endemic may cancel your Order at any point prior to the delivery of any Goods to the address specified in your Order.
8. Cancellation: You may not cancel an Order once it has been submitted but Endemic may cancel your Order at any time up until such Order is delivered to you at the address specified in your Order. In the event of such cancellation Endemic will provide you notice of this as soon as possible, provided however that Endemic is not required to give reasons for cancelling your Order. If Endemic cancels your Order for any reason, neither you nor Endemic will be under any further obligation to each other arising out of your Order or Endemic’s cancellation of your Order.
9. Reimbursement: If Endemic cancels your Order Endemic will reimburse you for any payments received by Endemic relating to your Order.
10. Delivery: Delivery of the Goods to you will take place in the following manner:
(a) New Zealand Orders: All Orders for delivery within New Zealand will be couriered using Courier Post except some books which will be sent Fast Post. Delivery can be made to business, residential or PO Box addresses. Any Order exceeding $250 will have to be signed for. If your Order has to be signed for and you are not present when delivery takes place the courier will leave a card with details of how to obtain your Goods. Orders are tracked and you can follow them by visiting www.courierpost.co.nz and entering the tracking number on your Order Confirmation. All reasonably efforts are made to deliver all such Orders within 3 working days.
(b) International Orders: All Orders for delivery outside of New Zealand will be sent using DHL Global Mail. Delivery can be made to business or residential addresses. All reasonably efforts are made to deliver all such Orders within 20 working days.
11. Title: Title in the Goods does not pass to you until payment has been received in full by Endemic.
12. Capacity: The Goods are offered for sale by Endemic only to persons who can make legally binding contracts.
13. New Zealand Law: Details contained on this website relating to the Goods have been prepared in accordance with New Zealand law and may not satisfy the laws of any other jurisdiction. We do not warrant that the details on this website concerning the Goods will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details do not satisfy the laws of your jurisdiction, you may not order Goods from this website.
14. Combined Terms: These Terms of Purchase together with any additional terms and conditions contained in any invoice or any other similar document issued by Endemic relating to your Order shall be the terms which govern your purchase of the Goods.
15. Risk: Risk in the Goods shall pass to you upon delivery of the Goods to the address specified by you when making your Order.
16. Incorrect Orders: If the Goods that are delivered to you do not match the Goods you ordered we will replace such Goods with the correct Goods provided we have such Goods in stock. If such correct Goods are out of stock we will offer to provide you with comparable Goods to the original Goods you ordered and if you do not wish to accept these replacement goods you can elect to be refunded for the purchase price of the Goods. If you are returning such Goods to us you must provide us with proof of purchase and an explanation as to why you are returning the Goods. If any Goods returned in accordance with this clause have been damaged or are not returned in their original packaging you may not be entitled to take full advantage of the remedies provided by this clause.
17. Returns: The provisions of clause 16 only apply where Endemic has mistakenly provided you with the wrong Goods. Endemic regrets that it is not able to accept returns of Goods if you decide you no longer want them or would like a different version of the same Good (e.g. a different colour or a different size), so please choose carefully before placing an Order. Also unfortunately Endemic can not be responsible for minor differences in how Goods featured on our website may appear on your computer depending on the web browser you are using and the settings of your computer. You should ensure that you read the description of the Goods on the Endemic website thoroughly before placing an Order as Endemic can also not accept the return of Goods due to such technical issues.
18. Defective Goods: If the Goods that are delivered to you are faulty or defective we will at your choice upon the return of such Goods, either replace such Goods provided that we have such Goods in stock, provide you with comparable Goods or you can elect to be refunded for the purchase price of the Goods. If you are returning such Goods to us you must provide us with proof of purchase and an explanation as to why you are returning the Goods and what remedy you are seeking. If any Goods returned in accordance with this clause have been damaged or are not returned in their original packaging you may not be entitled to take full advantage of the remedies provided by this clause.
19. Shipping Returns: All Shipping Charges associated with the return of any Goods to Endemic are your responsibility.
20. Notification of Problem: Endemic shall not be liable for any defect, damage, discrepancy or shortage in the Goods comprising any Order unless you notify Endemic within a reasonable period of time of such issue. In the event that the Goods have failed to reach the delivery address as specified by you in your Order within 10 days for Orders with a New Zealand delivery address or within 20 days for Orders with a delivery address outside of New Zealand from the date you placed your Order, you should contact Endemic immediately.
21. Exclusion of Warranty: To the fullest extent permitted by law, in relation to the purchase of Goods, any condition or warranty either express or which would otherwise be implied by law into these Terms of Purchase is hereby excluded. If you are purchasing Goods and using the Goods for the purposes of a business as defined in the Consumer Guarantees Act 1993, then you agree that the provisions of that Act will not apply to your purchase and/or use of the Goods.
22. Exclusion of Liability: To the greatest extent permitted at law, under no circumstances will Endemic, its employees, contractors or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by, or bought against you, which relate in any way to your purchase and/or use of the Goods, or in respect of any failure or omission on the part of Endemic to comply with its obligations as set out in these Terms of Purchase.
23. Limitation of Liability: To the greatest extent permitted at law, in the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and Endemic becomes liable for any loss or damage that would otherwise have been excluded, Endemic’s maximum liability in contract, tort, equity, statute, regulation or otherwise for all loss, damage or injury directly or indirectly arising in respect of your purchase and/or use of Goods is to be limited in total to $50 in New Zealand currency.
24. Sale of Goods: To the greatest extent permitted at law you agree that neither the Sale of Goods Act 1908, the United Nations Convention on Contracts for the International Sale of Goods (1980), nor the Sale of Goods (United Nations Convention) Act 1994 will apply to any Order made by you from this website.
25. Jurisdiction: These Terms of Purchase and the provision of any Goods to you are governed by, and are to be interpreted in accordance with the laws of New Zealand, and in all matters relating to or arising from your purchase and/or use of the Goods, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
26. Disputes: In the event that you have a dispute relating to or arising from your purchase and/or use of the Goods you must immediately notify Endemic in writing giving details of the dispute. If Endemic and yourself cannot resolve the dispute within fourteen (14) days then to the greatest extent permitted at law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Endemic or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand. If the matter is not resolved by mediation within fourteen (14) days from there, (unless you are a consumer as defined in the Consumer Guarantees Act 1993), the matter will be submitted for arbitration by a single arbitrator to be appointed by the Arbitrators and Mediators Institute of New Zealand in accordance with the Arbitration Act 1996. Unless agreed otherwise by Endemic, all such mediation and arbitration proceedings shall take place at a venue in Auckland, New Zealand to be chosen by Endemic acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
27. Amendments: Endemic reserves the right to amend these Terms of Purchase from time to time. Amendments will be effective immediately upon being placed on this website. Your Purchase of Goods following such amendments being placed on this website will represent an agreement by you to be bound by the Terms of Purchase as amended. Such amendments may include replacing these Terms of Purchase with entirely new Terms of Purchase.
28. Failure to Comply: To the greatest extent permitted at law Endemic accepts no liability for any failure to comply with these Terms of Purchase where such failure is due to circumstances beyond its reasonable control.
29. Waiver: If Endemic waives any rights available to it under these Terms of Purchase on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
30. Severability: If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.
31. Retain a Copy: You should print out and retain a copy of these Terms of Purchase for your future reference.
32. Queries: If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us.
|
|
|
|
|
