makershop.co.nz - Terms & Conditions

Terms & Conditions

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Terms & Conditions Shopping Cart 0 item(s) - NZ$0.00 Your shopping cart is empty! Welcome visitor you can login or create an account. HomeWish List (0)My AccountShopping CartCheckout 3D Printers Carbon Fibre 3K Plain Woven Tubes (13) Pulltruded Shapes (7) Pulltruded Tubes (7) DIY CNC Mach3 (2) Mesa Electronics (7) Filament 1.75mm ABS (9) 1.75mm PLA (8) 3mm Filaments (0) OpenBeam Information About UsWordageInformation Privacy Policy Returns and Refunds Policy Terms & Conditions Contact Us Site Map Home » Terms & Conditions Terms & Conditions   Effective from 1 December, 2012 1. DEFINITIONS  “Company” Empower Enterprises Ltd trading as “MAKERshop” or its permitted assigns. “Conditions” ways these terms and conditions. “Contract” ways any contract between theVisitorand the Customer for the sale and purchase of Supplies. “Customer” ways the person(s) or visitor whose order for the Supplies is wonted by the Company. “Goods” ways any goods supplied or to be supplied by theVisitorto the Customer, and includes their packaging and any replacement goods supplied under these Conditions. “GST” ways goods and services tax under the Goods and Services Tax(NZ) Act 1985. “Services” ways any services supplied or to be supplied by theVisitorto the Customer, and includes any technical advice, repair or maintenance services provided by theVisitoror its technical representatives in connection with Goods. “Supplies” ways any Goods or Services. “Website” ways any e-commerce website owned by theVisitorand where these Conditions are set out. “in writing” includes electronic communications. 2. CONDITIONS All orders are wonted by theVisitorsubject to and in vibrations with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or undertow of dealing between theVisitorand the Customer or set out in the Customer’s standard terms and conditions to the fullest extent permitted by law. If there is any mismatch between the provisions of the order for the Supplies and these Conditions then these Conditions will prevail unless theVisitoragrees otherwise in writing. Together with any terms wonted in writing by theVisitorin connection with an order, these Conditions constitute the unshortened try-on between theVisitorand the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Company. 3. PRICES AND GST Unless indicated otherwise, prices stated on the website for Supplies are in New Zealand dollars, and are inclusive of GST and exclude any other duties or taxes. TheVisitorhas used all reasonable endeavours to ensure that prices for the Supplies (including shipping) are virtuously set out on the website but these prices are not tightness and theVisitorreserves the right to transpiration its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. TheVisitorwill issue a tax invoice to the Customer in relation to any supply that is subject to GST. The value of GST payable will be calculated by multiplying the sum of the price for the supplies plus any freight or other charges by the rate of GST workable at the time of the supply. The words “supply” and “tax invoice” in this Condition have the same meaning as that given to them in the Goods and Services Tax (NZ) Act 1985. 4. PAYMENT Payment is due not later than the 20th day of the month pursuit the stage of statement, without any deductions, withholding or set off. If the Customer fails to make payment by the due stage then, without prejudice to any other right or remedy, theVisitorshall be entitled to: ·         cancel the order or suspend any remoter deliveries or performance; ·         towardly any payment made by the Customer to such of the Supplies (or the Supplies made under any other contract) as theVisitormay think fit; and ·         tuition interest (both surpassing and without any judgment) on the value unpaid at the rate of 2% per annum whilom the Reserve Bank of New Zealand’s published official interest rate. If legal or other whoopee is taken to recover monies due to theVisitorthen theVisitorreserves the right to tuition the Customer an value to imbricate all and any financing (including legal costs) incurred by the Company. 5. NEW ACCOUNTS A Customer wishing to unshut a credit worth must replenish such information as may be requested by theVisitorand theVisitormay make a search with a credit reference agency. TheVisitorreserves the right in its wool discretion to grant, refuse or discontinue any credit facilities or reduce or suspend any credit limit at any time. 6. ORDERS TheVisitorreserves the right to ripen to trade with any visitor or person, or to winnow orders for Supplies in part. Once accepted, no order may be cancelled or reduced without the prior written try-on of a director of the Company. Without limiting the generality of this, orders for Goods which are not listed on the website or non-stock items may not be cancelled. Orders for Goods are usually wonted by theVisitorby despatching the Goods provided, however, that despatch will not be visa where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order. 7. DELIVERY TheVisitorreserves the right to unhook or perform by instalments. Failure to meet a wordage or performance stage where deliveries or performance are by instalment shall not prevent or restrict theVisitorfrom making remoter deliveries or rendering subsequent performance under the relevant Contract by instalment.Wordagewill be made to the write specified by the Customer. TheVisitormay use any method of wordage misogynist to it. TheVisitorwill use reasonable endeavours to meet wordage and/or performance estimates but, except as set out in Condition 8 below, in no circumstances shall it be liable to recoup the Customer for non-delivery, non-performance or late wordage or performance. 8. INSPECTION, DEFECTS AND NON DELIVERY The Customer must inspect the Supplies as soon as is reasonably practicable without wordage or, in the specimen of Services, performance. Except as set out in Conditions 13 or 14 below, theVisitorshall not be liable under these Conditions for a defect in the Supplies, incomplete or failed delivery, shortage of weight or quantity of Supplies unless written notice is given to theVisitorwithin 7 days of the stage of wordage as recorded by the freight carrier. It is the Customer’s responsibility to trammels for the presence of computer viruses surpassing the Goods are used. The quantity of any consignment of Goods, as recorded by theVisitorupon despatch from the Company’s place of business, shall be conclusive vestige of the quantity received by the Customer on delivery, unless the Customer can provide conclusive vestige to the contrary. TheVisitorwill not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to theVisitorwithin 10 days of the stage when Goods should have been delivered or the Services performed in the ordinary undertow of events. Any requirement by the Customer under this Condition is subject to the limitation on the Company’s liability set out in Condition 14. 9. RETURNS Prior to returning any Goods to theVisitorfor any reason, the Customer must contact theVisitorto obtain a returns authorisation number (‘RMA’). All Goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods to theVisitorand for providing proof of wordage of such return. TheVisitoroperates a 14 day return policy. To be wonted for return on this basis, Goods must be returned in their original condition for receipt by theVisitorwithin 14 days. The Customer must return the Goods to “MAKERshop, 9 Anich Road, Massey, Auckland 0614” unmistakably quoting the Customer’s name, order number and RMA number. Any Goods returned without 14 days as ‘unwanted’ or ‘incorrectly ordered’ may be wonted at the discretion of theVisitorand may be subject to a restocking fee of 10% of the invoice value of the Goods (subject to a minimum tuition of $10). Any Goods which are not listed on the website, are sold as clearance items or are non-stock items may not be returned under this Condition. 10. DESCRIPTION All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, topics or other details including, without limitation, any statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they towards (including without limitation on this website, on despatch notes, invoices or packaging) are intended to requite a unstipulated idea of the Supplies, but will not form part of the Contract. If theUnravelmentof any Goods differs from the manufacturer’s description, the latter shall be deemed to be correct. TheVisitorshall take all reasonable steps to ensure the verism of Descriptions but relies on such information, if any, as may have been provided to it by its suppliers and to the fullest extent possible by law excludes all liability in contract or tort or under statute or otherwise for any error in or omission from such Descriptions whether caused by the Company’s negligence or otherwise. TheVisitormay make changes to the Supplies as part of a continuous programme of resurgence or to comply with legislation. 11. RISK AND OWNERSHIP The risk of forfeiture to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company’s carriers at the Customer’s premises. Ownership of the Goods shall not pass to the Customer until theVisitorhas received in full (in mazuma or cleared funds) all sums due from the Customer to theVisitorfor those Goods. 12. PERFORMANCE AND FITNESS FOR PURPOSE Subject to Condition 14: (i) unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of theVisitorin writing, theVisitoraccepts no liability for any failure of the Supplies to comply with such criteria, whether owing to the Company’s negligence or otherwise; and (ii) the responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer’s, unless specifically stated in writing by a director of the Company. Any translating or recommendation given by an employee of theVisitorwhich is not confirmed in writing by a director of theVisitoris make-believe on entirely at the Customer’s risk and theVisitorshall not be liable for any such translating or recommendation which is not so confirmed. 13. WARRANTY / GUARANTEE TheVisitorwill endeavour to transfer to the Customer the goody of any warranty or guarantee given by the manufacturer of Goods. In addition, theVisitorwill, self-ruling of charge, repair or, at the Company’s option, replace Goods which are proved to the reasonable satisfaction of theVisitorto be damaged or needing due to faulty materials, workmanship or diamond for a period of 6 months without despatch of the Goods. Software programs are supplied on the strict understanding that theVisitordoes not warrant their function to be self-ruling from defects or error. This obligation will not apply: ·         if the defect arises considering the Customer has unsimilar or repaired such Goods without the written consent of the Company; ·         if the defect arises considering the Customer did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of the Goods; ·         if the Customer has failed to notify theVisitorof any defect in vibrations with Condition 8 where the defect should have been reasonably unveiled on reasonable inspection; or ·         if the Customer fails to notify theVisitorof the defect within 12 months (or such other period as theVisitorshall specify at the time of visa of the order for the Supplies) of the stage of despatch of the Goods. Any replacement Supplies made or Goods repaired under this Condition will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will vest to the Company. 14. EXCLUSION OF LIABILITY Subject to this Condition 14: ·         these Conditions set along the full extent of the Company’s obligations and liability to the Customer with respect to the Supplies under any Contract; and ·         all other terms, conditions, warranties and representations that might otherwise be unsaid by statute or otherwise, are hereby expressly excluded. To the fullest extent permitted by law and subject only to any express exceptions contained in these Conditions, theVisitorwill be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), violate of statutory duty, restitution or otherwise) for any injury, death, forfeiture or uncontrived or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, merchantry interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or welling out of or in connection with: ·         Any of the Supplies, or the manufacture, sale, performance or supply or failure or wait in performance or supply of the Supplies by theVisitoror on the part of the Company’s employees, teachers or sub-contractors; ·         Any violate by theVisitorof any of the express or unsaid terms of the Contract; ·         Any use made or resale or on-supply of any of the Supplies or any product incorporating any of the Goods or ripened using the Supplies; or ·         Any statement made or not made or translating given or not given by or on behalf of the Company, including as to compliance with legislation or regulation. TheVisitordoes not exclude, restrict or modify any liability that cannot be excluded, restricted or modified by law. However, where such statutory provisions apply, or where the Customer is entitled to requirement under an express provision of these Conditions (including Conditions 8, 10, 12 and 13), then to the extent permitted by law the Company’s total liability shall be limited at its option to: ·         in the specimen of a supply of Goods, either the replacement of the Goods; or supply of equivalent Goods; or refund of the value paid for the goods; or the payment of the forfeit of acquiring equivalent Goods; or the repair of the Goods; or the payment of the forfeit of having the Goods repaired; or ·         in the specimen of a supply of Services, either the supply of the Services again; or refund of the value paid for the Services; or the payment of the forfeit of having the Services supplied again. Each of the Company’s employees, teachers and sub-contractors may rely on and enforce the exclusions and restrictions of liability in these Conditions (including Conditions 8, 10, 12, 13 and 14) in that person’s own name and for that person’s own benefit. 15. INTELLECTUAL PROPERTY RIGHTS The Supplies described on this website may be subject to the intellectual and industrial property rights (including patents, knowhow, trademarks, copyright, diamond rights utility rights, database rights and/or other rights) of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary undertow of business. TheVisitorshall have no liability whatsoever in the event of any requirement of infringement of any such rights howsoever arising. In particular, without limiting the above, title in any software program forming all or any part of the Goods is reserved to theVisitorand/or its suppliers. The Customer is responsible for informing itself of the terms of its licence or use and paying any royalty payable. TheVisitorowns full copyright in respect of this website and its reproduction in whole or part is prohibited without the Company’s prior written consent. 16. USE OF PERSONAL INFORMATION For information on the Company’s use of personal data please see the Company’s Privacy Policy on its website. 17. EXPORT The Customer is responsible at its own expense for obtaining any licence and complying with any export regulations in gravity within New Zealand and in the country for which the Goods are destined. 18. AGE REQUIREMENTS FOR CERTAIN GOODS Where the law requires a minimum age for the purchase of unrepealable Goods, the Customer confirms that he or she is over the required age and that wordage of the Goods will be wonted by a person over the relevant age limit. 19. PROHIBITED APPLICATIONS The Goods are strictly prohibited for use in anti-personnel landmines, or in any connection with biological, chemical or nuclear weapons or missiles to unhook them under any circumstances. The Goods are not authorised for use in space or watercraft or air traffic applications, life support or life sustaining equipment, surgical implantation equipment or for any other purpose where the failure or malfunction of the Goods could reasonably be expected to result in personal injury, death, environmental forfeiture or severe property damage. Use or inclusion of the Goods in any such equipment, system or applications is moreover strictly prohibited. The Customer will indemnify theVisitorand its suppliers versus any and all losses, liability and expense (including legal and other costs) resulting from any such inclusion or use plane if forfeiture is attributed to needing diamond or manufacture. 20. FORCE MAJEURE TheVisitorshall not be liable to the Customer in any manner or be deemed to be in violate of these Conditions considering of any wait in performing or any failure to perform any of the Company’s obligations under these Contract if the wait or failure was due to any rationalization vastitude the Company’s reasonable tenancy (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a wait in obtaining supplies of Goods or labour). TheVisitormay, at its option, wait the performance of, or cancel the whole or any part of a Contract. 21. LEGAL CONSTRUCTION All Contracts shall be governed by and interpreted in vibrations with New Zealand law and the Customer submits to the jurisdiction of the New Zealand Courts and Courts worldly-wise to hear appeals from those Courts. 22. GENERAL Any provision of these Conditions of Supply which is held by any competent validity to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions and the remainder of such provision shall not be affected. Failure by theVisitorto enforce or partially enforce any provision of these Conditions will not be constrained as a waiver of any rights under these Conditions. These conditions supersede all previous terms and conditions which have previously governed a contract for the sale of Supplies from theVisitorto the Customer. Continue Information About UsWordageInformation Privacy Policy Returns and Refunds Policy Terms & Conditions Customer Service Contact Us Returns Site Map Extras Brands Gift Vouchers Affiliates Specials MyWorthMyWorthOrder History Wish List Newsletter © MAKERshop 2018