TERMS AND CONDITIONS
These terms and conditions of trade (“the Terms and Conditions”) apply to the provision of all goods and services by Flow Imports Limited trading as Zempire Camping (“the Company”) to you (“you” , “your” or “the Purchaser”). The placing of an order by you constitutes acceptance of the Terms and Conditions and represents your agreement to be bound by the Terms and Conditions as amended from time to time.
The Terms and Conditions may be changed or updated from time to time and so you should continue to review these Terms and Conditions whenever you place an order for goods.
All goods must be paid for at the time that the order is made. All money payable to the Company must be in full and without any deduction or set-off and are only deemed received once a payment has cleared. If your payment is not accepted or validated (for any reason) your order will not be processed.
All delivery times and dates advised by the Company are estimates only. The Company shall not be liable for late delivery or non-delivery or consequential damages of any kind arising out of late delivery or non-delivery.
Any quotations of delivery times by the Company are made in good faith but are estimates and the Company shall not be bound by such quotation.
Where access is required in order to deliver the goods the Purchaser will ensure and is wholly responsible for providing sufficient access.
By ordering goods from us you grant Zempire Camping and our couriers the authority to leave (“ATL”) orders at the address you provide in the order, whether attended or not. We will not have any liability for incorrectly supplied addresses or if a parcel is removed by a third party following delivery.
The risk in the goods supplied to the Purchaser pursuant to the Terms and Conditions shall pass to the Purchaser on the goods being dispatched from the Company’s premises, and accordingly, all carriers of the goods are deemed to be agents of the Purchaser.
If any order relates to goods temporarily out of stock, the Company will supply these goods when stocks become available.
Claims on damage prior to delivery
Prior to acknowledging delivery to the carrier the Purchaser must ensure that the complete consignment as per the carrier’s note has been received.
Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
If the Purchaser has any claim for any goods that are damaged prior to delivery, the claim (including photographic evidence) must be made to the Company in writing within seven (7) days of the date of delivery of the goods to the Purchaser. Where the Company is satisfied that the goods were damaged in transit before delivery to the Purchaser, the Company reserves the right in its discretion to repair or replace the goods or to refund or credit the portion of the price applicable thereto in respect of any claims accepted. The Supplier will not accept for return goods where the integrity has been undermined by the Purchaser.
The fact that the claim is not filed shall be conclusive evidence in any proceedings between the Company and the Purchaser that there were no shortages, discrepancies or error
Claims on shortages or discrepancies
If the Purchaser has any claim for shortages or discrepancies between the goods ordered and delivered, or any goods shipped as a result of an error made by the Company, the claim must be made to the Company in writing within seven (7) days of the date of delivery of the goods to the Purchaser. The Company reserves the right in its discretion to repair or replace the goods or to refund or credit the portion of the price applicable thereto in respect of any claims accepted.
The fact that the claim is not filed shall be conclusive evidence in any proceedings between the Company and the Purchaser that there were no shortages, discrepancies or error.
The Purchaser is not entitled to cancel any order for goods or services following completion of the ordering process without the Company’s written consent.
The Company reserves the right to cancel an order for goods and services and will notify you by email and refund you if an order is cancelled (other than due to the Purchaser’s breach).
We warrant to you that the goods are free from material manufacturing defects under normal use and service for the period of 12 months (or such other period as we notify to you in writing in relation to specific products) commencing on the original date of purchase of the goods by the Purchaser (“Guaranteed Period”). The goods must always be used, stored and maintained by the user in accordance with the user instruction manual and conditions of use as supplied with the goods.
In the event of a warranty defect we will either repair or replace the goods if it is deemed to be defective or faulty in our reasonable judgement. In the event the goods are repaired or replaced then the warranty will continue to apply only for the remainder of the original Guaranteed Period. No claims shall be allowed for any goods that have been altered, abused, or used in any manner inconsistent with the reasonable and intended use of the goods and the user instruction manual.
All enquires for warranty claims must be made directly to us by email or via the online account portal. Based on the details of the claim we may, in our reasonable discretion, either: (i) reject the claim outright or (ii) accept the claim for consideration.
If the Company accepts the claim then the goods shall be returned in a clean dry state. The risk in goods which are being returned to the Company remains with the Purchaser during transit and until it is delivered to the Company. Goods which are returned damaged or incomplete (except where this is the reason for the claim) will not be accepted.
Any returns that do not comply with this clause shall be returned to the Purchaser at the Purchaser’s expense.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Terms and Conditions.
Notwithstanding any other provision of the Terms and Conditions but subject always to clause 6, the total liability of the Company (whether in contract, tort (including negligence of any kind), strict liability, indemnity or otherwise) for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the goods or any other breach by the supplier of its obligations under the Terms and Conditions, will not in any circumstances exceed the price of the goods actually paid for by you pursuant to the order giving rise to such liability. This limitation shall continue to apply notwithstanding fundamental breach, breach of a fundamental term, recession, repudiation or termination for any reason or frustration, whether unintentional or by operation of law.
The Company will not be liable for:
- any consequential indirect or special damage or loss of any kind; or
- any loss caused by the Purchaser’s employee’s, agents, customers or any other persons whatsoever
however caused, irrespective of fault, negligence or strict liability.
The Purchaser will indemnify the Company against any claim by the Purchaser’s employees, agents, customers or any other persons in respect of any loss arising from any defect in or non-compliance of the goods and services or in respect to any other matter whatsoever.
6 Consumer Guarantees Act 1993 and Fair Trading Act 1986
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“CGA”) or the Fair Trading Act 1986(“FTA”) then;
• Where the Purchaser is acquiring the product ”in trade” (within the meaning of the CGA and the FTA) then the provisions of the CGA shall not apply and the parties agree to contract out of sections 9, 12A, 13 and 14 of the FTA.
• In the event the Purchaser is acquiring the product for purposes other than ”in trade”, then these Terms and Conditions shall be interpreted subject to the Purchaser’s rights under the CGA and the FTA, to the intent that no provisions shall any way limit or purport to limit the Purchaser’s rights under the CGA and the FTA.
7 Errors or Omissions
Clerical errors or omissions, whether in computation or otherwise in any quotation acknowledgements or invoice, shall be subject to correction and shall not give rise to any liability on the part of the Company.
8 Description of Products
Modifications and improvements to the Company’s products are constantly being made, as such descriptions, illustrations and literature are therefore not binding on the Company.
9 Force Majeure
Without limiting any other provision of these Terms and Conditions, the Company shall not be liable to the Purchaser for damages directly or indirectly arising from any delay or failure in delivery of the goods or failure to perform any of these Terms and Conditions where such delay or failure is caused directly or indirectly by an act of God, frost, electrical failure, fire, armed conflict, labour dispute, civil commotion, Government intervention, or inability to obtain labour or materials, accidents, transportation delays, or any other cause beyond the Company’s reasonable control.
If the Company is delayed in the supply of goods due to force majeure which continues for more than 6 months, either party may terminate the order for goods by written notice to the other party.
The Company may assign any of its rights and obligations to any person. The Purchaser may not assign any of the Purchaser ’s rights and obligations to any person without the prior consent of the Company.
11 Information and Privacy
- collect all information it may require from any third parties and authorises those third parties to release that information to the Company;
- hold all information given by the Purchaser or any third parties to the Company; and
- use that information, including giving information to any other person to facilitate the collection of debts from the Purchaser.
12 Intellectual Property
All intellectual property rights and protection of all confidential information in respect of the goods are retained by the Company and cannot be distributed by the Purchaser.
The Purchaser will immediately inform the Company of any infringement or potential infringement of the Company’s intellectual property rights.
In the event that any claim is made against the Purchaser for infringement of any person’s (other than the Company’s) intellectual property rights arising out of the Purchaser’s use of the supplied goods, the Company may elect, at its own expense, to conduct any ensuing litigation and all negotiations for a settlement of the claim. The Purchaser will be liable for the costs of any payment made in settlement or as a result of any award in judgement. If the Company so elects, the Purchaser is to grant the Company the right to assume the sole authority to conduct the defence or settlement of such claim or any related negotiations. The Purchaser will provide the Company with all reasonable information, co-operation and assistance.
13 Dispute Resolution
If any dispute arises between the parties in relation to these Terms and Conditions, representatives of the Company and the Purchaser shall meet within 14 days of the dispute in order to endeavour to resolve the dispute by negotiation. If such efforts are unsuccessful the parties will submit the dispute to mediation in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. with a mediator appointed by the President of the New Zealand Law Society if the parties are unable to agree on such appointment within 14 days.
In the event of the mediation referral being unsuccessful after 30 days from the submission of the dispute it will be referred to arbitration in accordance with the provisions of the Arbitration Act 1996.
Neither party may initiate any court proceedings (with the exception of an application for injunctive relief) in respect of any dispute under these Terms and Conditions without first undertaking the processes set out above in this clause 13.
Time shall be of the essence in relation to this clause 13.
The Terms and Conditions are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the Courts of New Zealand in respect of any matter arising out of or in connection with the Terms and Conditions.
The Terms and Conditions constitute the entire understanding and agreement between you and the Company and supersede any and all prior oral or written communication on the subject matter contained in them.
If any provision in the Terms and Conditions is held invalid then such provision (to the extent it is invalid) is deemed severed from the Terms and Conditions and the remainder shall not be affected.
All the Company’s rights will remain in full force despite any delay in enforcement. The Company will not be deemed to have waived any condition unless that waiver is in writing and signed by a duly authorised officer of the Company. Any waiver will apply only to the particular matter in respect of which it is given.
Website Terms and Conditions
These Website Standard Terms and Conditions (these “Terms”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to hereinbelow as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept and agree to be bound by these Terms from the date on which you first access the Website. You must not use this Website if you have any objection to any of these Terms.
These Terms may be changed or updated from time to time. Your continued use of the Website represents your agreement to be bound by these Terms as amended from time to time. You should therefore review these Terms whenever you access the Website and cease using the Website if you do not accept any change to these Terms.
If you experience any problems whilst accessing or using this Website please let us know by email to firstname.lastname@example.org as soon as reasonably possible.
Orders and Sales