TERMS AND CONDITIONS OF PURCHASE
1. TERMS AND CONDITIOINS
By purchasing pounamu from Ngāi Tahu Pounamu you accept these terms and conditions. We may vary these terms and conditions (in whole or in part) at any time which shall become effective immediately upon posting on the Website. Your continued use of the Website represents your agreement to be bound by the terms and conditions as amended.
In these terms and conditions, the following expressions have the following meanings:
“Swing Tags” means the “New Zealand Pounamu” authentication code/s together with the tag/s provided for you which must be attached (with the authentication code) to products you manufacture from Ngāi Tahu Pounamu and which provides information in regard to that Ngāi Tahu Pounamu.
“Website” means www.newzealandpounamu.com (or any replacement or alternative website used for the sale of Ngāi Tahu Pounamu).
3. SALE AND PURCHASE OF POUNAMU
(a) You must not on-sell or provide any Ngāi Tahu Pounamu to any other person or purchase Ngāi Tahu Pounamu on behalf of a third party (other than permitted retail/wholesale sale of finished products) or part with possession of any allocated Swing Tags.
(b) You may only on-sell Ngāi Tahu Pounamu products in finished form for retail or wholesale sale.
(c) You must be located in New Zealand to purchase pounamu from Ngāi Tahu Pounamu via the Website.
(d) Payment in full is required at the time of purchase and delivery of the pounamu will not be made without prior payment.
(e) For every product that you manufacture from the Ngāi Tahu Pounamu purchased from us you must purchase and attach a Swing Tag being one of the following types:
Basic: $2.50 per Swing Tag + delivery costs (available in batches of 10 Swing Tags only)
Premium: $4.50 per Swing Tag + delivery costs (available in batches of 10 Swing Tags only)
(f) You must not attach any Swing Tag to pounamu which is not Ngāi Tahu Pounamu.
(g) If Ngāi Tahu Pounamu is being acquired for the purpose of a business, the buyer agrees the provisions of the Consumers Act 1993 do not apply.
You warrant that you have provided complete, accurate and current personal information when completing the Application Form on the Website. You must maintain and update your personal information held by us to ensure it is kept current at all times. You must not register as a purchaser under multiple identities or personas (whether false or not).
5. NGĀI TAHU POUNAMU GRADING
(a) To provide a consistent description of Ngāi Tahu Pounamu we use a grading system designed by us for this purpose. The grading system is intended as a guideline only. While we endeavour to provide consistent and accurate grading as to the quality of Ngāi Tahu Pounamu, grading can only be based on that part of the Ngāi Tahu Pounamu which is visually assessable.
(b) Purchasers are welcome to inspect Ngāi Tahu Pounamu at the warehouse store prior to purchase.
(c) We give no undertakings, representations or warranties in regard to:
(i) the grade or quality of that part of the Ngāi Tahu Pounamu which is not visually assessable at the time of grading;
(ii) whether the Ngāi Tahu Pounamu may or may not contain a fault or flaw not detectable prior to cutting or carving or is otherwise not consistent with the grading standard attributed to it by us or is not of the quality or grade anticipated by you; or
(iii) the appropriateness or otherwise of any item of Ngāi Tahu Pounamu for your intended purpose or use or your expectations of the Ngāi Tahu Pounamu.
6. RETURN OF NGĀI TAHU POUNAMU
(a) Subject to the provisions of this clause, by purchasing Ngāi Tahu Pounamu you accept the risk of the standard and quality of the Ngāi Tahu Pounamu you select.
(b) If, on receipt of the Ngāi Tahu Pounamu, you do not accept the grading by us correctly reflects the quality or grade of the Authentic Ngāi Tahu Pounamu you may, at your own cost, return the Ngāi Tahu Pounamu to us provided that you have not cut into or altered the condition of the Ngāi Tahu Pounamu in any way whatsoever. You accept all risk in the Ngāi Tahu Pounamu until it has been received by us in the same condition it was originally sent to you in.
(c) Ngāi Tahu Pounamu cannot be returned for any reason once it has been cut or otherwise altered in any way whatsoever.
The price payable for the Ngāi Tahu Pounamu purchased will be such price (plus GST) as is displayed on the Website or as is otherwise advised by us from time to time (exclusive of freight and associated delivery costs).
Risk of loss or damage to any Ngāi Tahu Pounamu shall pass to you immediately upon delivery of such Ngāi Tahu Pounamu to you.
All tax obligations associated with the purchase of Ngāi Tahu Pounamu (or products manufactured from it) are the responsibility of the purchaser.
We reserve the right to restrict the quantity of Ngāi Tahu Pounamu we sell to you, to recognise that it represents a limited resource and that it is undesirable for one or more purchasers to accumulate, or for a number of purchasers to aggregate, large volumes of Ngāi Tahu Pounamu to the detriment of other purchasers or prospective purchasers.
11. FUTURE SUPPLY
We provide no warranty or representation that we will have Ngāi Tahu Pounamu for supply at any given time.
12. NEW ZEALAND POUNAMU BRAND
Purchasing Ngāi Tahu Pounamu enables you to use the “New Zealand Pounamu” brand as authorised by these terms and conditions. You are NOT authorised to use the Ngāi Tahu Pounamu brand.
Only use the New Zealand Pounamu brand in conjunction with Ngāi Tahu Pounamu purchased from the Website;
(b) Only promote yourself using the New Zealand Pounamu brand in conjunction with prodcuts manufactured from Ngāi Tahu Pounamu;
(c) Ensure any other pounamu products you advertise for sale must be clearly distinct from products manufactured from Ngāi Tahu Pounamu and with New Zealand Pounamu branding;
(d) Only use, process, promote and sell the Ngāi Tahu Pounamu in accordance with the requirements of the Website and these terms and conditions;
(e) Act in accordance with all reasonable instructions from us and co-operate with us to preserve and protect the goodwill associated with the New Zealand Pounamu brand for the benefit of all users;
(f) Must not act in any manner or do anything which could adversely affect the brand or reputation of Ngāi Tahu Pounamu or make false or adverse comments about Ngāi Tahu Pounamu in any forum or in any manner whatsoever.
(g) Provide us (on request) with information to evidence compliance with these terms and conditions, in particular the use of Swing Tags;
(h) If you are a retail or wholesale supplier, grant us and/or our representatives, reasonable access to your premises and records, for the purposes of ascertaining whether you are complying with these terms and conditions and verifying any information provided to us; and
(i) Indemnify us from and against any loss, damage, cost, expense or claim incurred by us as a consequence of your breach of these terms and conditions and/or any other act or omission by you and/or any person for whom you are responsible.
If you breach these terms and conditions (or we have reasonable grounds to believe that you have breached them) then:
(a) you will not be permitted to purchase Ngāi Tahu Pounamu; and
(b) you must return all unused Swing Tags; and
(c) immediate dismissal from the authentication scheme.