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 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.
3. 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
4. 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.
8. Consumer Guarantees Act 1993 and the 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.
9.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.
10. 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.
11. 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 the 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.
13. Information and Privacy
- collect all the 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.
14. 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.
15. 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 [email protected] as soon as reasonably possible.
Intellectual Property Rights
Other than the content you own, which you may have opted to include on this Website, under these Terms, Zempire Camping and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
In relation to any such intellectual property you must not:
- Assert any ownership or rights;
- Use, reproduce, modify, alter, adapt, duplicate or amend in any way whether directly or indirectly;
- Generate any profit from it or exploit it in any way.
You are expressly and emphatically restricted from all of the following:
- transferring or copying any Website material or publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using the Website material in any way that would breach the intellectual property rights in the same;
- using this Website in any way that is, or maybe, damaging to this Website;
- using this Website in any way that impacts user access to this Website or which may cause the Website to be interrupted, damaged, rendered less efficient or impair the effectiveness or functionality of the Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Zempire Camping may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password (the “Registered User”) you may have for this Website are confidential and you must maintain the confidentiality of such information and ensure that your access of the Website is secure.
This Website is provided “as is,” with all faults, and Zempire Camping (to the extent permitted by law) makes no express or implied representations or warranties, of any kind in respect of this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.
Zempire Camping makes no warranties that the Website will be free from viruses, infection or any other destructive code and shall not have any liability to you for any damages, losses or expenses suffered by you as a result of material on the Website infecting or damaging your computer equipment, software or any other electronic device.
Limitation of Liability
To the extent permitted by law, in no event shall Zempire Camping or any of its officers, directors, employees, contractors or suppliers, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Zempire Camping including its officers, directors, employees, contractors or suppliers shall not be liable for any direct, indirect, consequential or special liability or punitive or exemplary damages arising out of or in any way related to your use of this Website (whether foreseeable or not).
If under law Zempire Camping is determined liable to you for losses, such liability is limited to a maximum amount equal to lesser of the fee paid by you to Zempire Camping for the order to which the loss or liability relates and $10,000.00 (exclusive of GST).
Liability and Indemnification
You hereby indemnify to the fullest extent permissible by law Zempire Camping from and against any and all liabilities, costs, demands, causes of action, damages, losses and expenses (including reasonable lawyers’ fees) arising out of or in any way related to your use of the Website or breach of any of the provisions of these Terms.
You are responsible for all matters, including payment of all orders, associated with your access to and use of the Website and all activities that occur under your Registered User.
You may terminate your Registered User account at any time by providing notice of termination to Zempire Camping by email to [email protected].
Zempire Camping may terminate your Registered User account at any time by providing notice of such termination to you by email. On termination of your Registered User account, you will cease to have access to that account.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Zempire Camping shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without requiring any notification or consent. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
The Website may contain links to third-party websites or resources. Zempire Camping does not have any control over these external websites and is not responsible for their content. The presence of a link from the Website to an external website does not constitute an endorsement by Zempire Camping of the third party or the content of their website. If you choose to use these external websites it is entirely at your own risk and subject to the terms and conditions of use of those external websites.