Terms of Sale Online
These Online Terms and Conditions (Terms) contain important information about the ordering, processing and delivery of Products.
Other important terms may also apply to Your Order, such as the Product Warranty, Returns Policy and Privacy Policy.
1- Ordering
1.1. You warrant that You are aged 16 years or over and have an active email account and telephone number at which You can be contacted.
1.2. Britax reserves the right to restrict the number of Products which can be purchased in one Order or during a particular period of time or per person or per address.
1.3. You warrant that the Delivery Address You record in Your Order is readily accessible at all times during standard business hours and can be accessed safely to effect delivery of the Product.
2- Promotions
2.1. You may receive online offers and promotions from time to time (Offer). Some Offers include a promotional code (Code) for use when placing an Order, entitling You to a discount or other benefit on that Order.
2.2. You are not entitled to any discount or other benefits on an Order if You fail to submit that Order with a Code that is valid at the time that Order is placed.
2.3. A Code cannot be applied or submitted to Us after You submit Your Order.
2.4. You acknowledge that separate terms may apply to the use of the Code.
2.5. A Code is non-transferable, cannot be posted online or published on any form of social media and may not be used with other offers. A Code becomes invalid if transferred or posted online or published on any form of social media.
2.6. All references to times in promotions are based on the local time in New Zealand unless stated otherwise.
3- Price and payment
3.1. You must pay the Price of any Product Ordered and any Delivery Fee specified in connection with Your Order.
3.2. All Prices and Delivery Fees are in New Zealand Dollars and, if GST applies, inclusive of GST.
3.3. All Prices stated on the Website apply to any Order submitted by You [and accepted by Us] until that Price is changed and that change is published on the Website, which We may do at any time without notice to You.
3.4. You agree to payment for Your Order being made through PayPal Australia Pty Limited (ABN 93 111 195 389) (Paypal). At the stage where You pay for the Product, You will be redirected to the website of Paypal. You acknowledge that use of the Paypal website and payment of the Product through Paypal is governed by separate terms and conditions between You and Paypal.
3.5. Britax is obliged to dispatch each Product Ordered only once payment in full for that Product is received by Britax (in cleared funds).
3.6. If Your payment cannot be processed, Your Order will be rejected and You will be notified of this on the Website or via Email. If a credit card payment cannot be processed, it is Your responsibility to contact Your card issuer to try to resolve the problem in order to continue with Your Order.
3.7. In paying or attempting to pay for Products, You warrant that You have not engaged in any fraudulent conduct or contravened any law.
4- Acceptance
4.1. An Order is not binding until it is accepted by Britax, acceptance being constituted by email. 4.2. Britax reserves the right not to accept Your Order for any reason.
4.3. If Britax rejects Your Order, You will receive a refund of any money paid.
4.4. Without limiting its other rights, Britax may refuse to accept any Order (in whole or in part) for Product to the extent that the Price or any other aspect of the offer contains or is affected by an error the result of genuine human or system malfunction.
4.5. We will refund any money paid to Us on Orders not accepted by Us under clause 4.4. Where the error affects part of Your Order, Britax will refund the value of that part of Your Order affected by the error and Britax will fulfil the remainder of Your Order.
4.6. You acknowledge that the internet can be an unstable, and sometimes insecure, marketplace and that the facility to place Orders may not be available, Your Order might not be received, Your Order may be lost or misdirected or Your Order might be delayed.
4.7. To the extent permitted by law, Britax is not liable to You, or any other person, for any loss, damage, cost or expense arising out of or in connection with Your Order not being received, Your Order being lost or misdirected or Your Order being delayed as provided for in clause 4.6 or otherwise arising out of or in connection with You accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
5- Unavailability of Product
5.1. You acknowledge that certain Products may be out of stock or unavailable and We may not be able to fulfil all or part of Your Order where that occurs. Where this occurs, We will refund the price paid for such Products.
5.2. We reserve the right to withdraw or suspend the sale any Product displayed on the Website, temporarily or permanently. Britax is not be liable to You for any loss You or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product.
5.3. Where a Product the subject of an Order is withdrawn or suspended from sale and Your payment for the Product has already been processed, We will refund any money paid to Us in respect of such Product.
6- Cancellations and returns
6.1. You must check Your Order carefully (including the quantities ordered) before submitting it, as Orders may not be changed or cancelled once the Order is accepted by Britax.
6.2. Unless expressly provided for under these Terms, the Returns Policy or as otherwise agreed by Britax, Britax is under no obligation to accept a cancellation or change to an Order.
6.3. If We are unable to deliver Your Product and cannot contact You about Your Order using the contact details You provided in the Order, after having made reasonable attempts to contact You, We will cancel Your Order and refund any money paid.
6.4. Products may be returned only where permitted by these Terms, including the Returns Policy. The Returns Policy forms a part of these Terms.
6.5. You may cancel any Order prior to delivery where Britax satisfies only part of that Order in accordance with clause 4.5, in which case Britax will refund any money paid to Us in connection with that Order.
6.6. Britax reserves the right to cancel, at any time before delivery an Order that it has previously accepted. This may occur where:
(a) Britax’s suppliers are unable to supply Goods that they have previously promised to supply; or
(b) an event beyond Britax’s control occurs, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, and Britax is unable to supply the Goods within a reasonable time,
and where Britax cancels an order it has previously accepted, it will refund any amounts You have paid in relation to that Order.
7- Delivery
7.1. Britax will use reasonable endeavours to ensure Your Product is delivered within a reasonable time.
7.2. To the extent permitted by law, Britax will not be liable to You for loss You or any third party suffers for a delay or failure to process Your Order or deliver Products due to inaccurate or incomplete details provided in an Order.
7.3. Risk and title in the Products pass to You on the date and time of delivery of the Products at the Delivery Address by the Delivery Agent.
8- Resale
8.1. No Product You Purchase using the Website may be re-sold as new goods or otherwise in the course of or in connection with retail or wholesale operations.
9- Product Recalls
9.1. If a Product is the subject of a product recall, a notice will be posted on the Website.
9.2. If a product recall notice requests or directs You to return the Product the subject of that notice, You must do so in accordance with that notice and any other directions provided in writing by Britax.
9.3. Britax must pay to You any costs You reasonably incur in complying with clause 9.2.
9.4. You consent to Us contacting You or using the personal information provided on Your Order, or Your Account to notify You of a product recall by telephone, email, SMS, MMS or post.
10- Account
10.1. You warrant that all information provided by You in relation to Your Account is complete, true and accurate
10.2. You must notify Britax immediately if You become aware of any actual or potential unauthorised use of Your Account or the Password for Your Account.
10.3. To the maximum extent permitted by law, Britax is not liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
(a) Your Account information being incomplete or inaccurate; or
(b) any unauthorised use of Your Password or Account which takes place before You notify Britax,
whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
10.4. If Britax suffers any loss, damage, cost or expense as a result of any unauthorised use of Your Password or Account which takes place before You notify Britax then You must pay Britax the amount of that loss, damage, cost or expense if Britax asks You to.
11- Warranty and liability
11.1. The New Zealand Consumer Law under the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) provides for product guarantees that may apply to a Product purchased using the Website, including a guarantee that the Product is “Acceptable Quality” (as defined in the CGA), the Product matches any description against which it is offered for sale and the Product matches any sample by reference to which is it offered for sale (Statutory Guarantees).
11.2. Nothing in these Terms limits or restricts or has the effect of limiting or restricting the application of the Statutory Guarantees to any Product You buy using the Website.
11.3. In addition to the Statutory Guarantees, Britax provides an additional warranty on its Products, the details of which are set out in the Product Warranty. The Product Warranty forms a part of these Terms.
11.4. Britax excludes all implied terms and warranties, whether statutory or otherwise, relating to the rights You have or may have in connection with any Product purchased using the Website.
11.5. Save for any liability under a Statutory Guarantee and to the extent permitted by law, Britax is not liable for any losses (of whatsoever nature) arising from or in connection with the purchase of a Product or use of that Product purchased using the Website, those losses include loss of revenue, profits, anticipated savings, goodwill or business opportunity and non-economic loss, such as injury to Your reputation whether in contract, tort, under statue or otherwise.
11.6. Our liability to You under clause 11.5 is reduced or limited to the extent (if any) that You cause or contribute to the loss or damage the subject of that liability.
12- Website
12.1. Other than under the Statutory Guarantees applying to the operation of this Website, Britax is not liable to You for any losses, costs or other damages You incur as a result of using the Website, including any viruses, malicious computer code or other forms of interference which may damage Your computer system.
12.2. You agree to take Your own precautions to ensure that the process which You employ for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system, and contains appropriate protection to prevent damage to Your computer system caused by viruses, malicious computer code or other forms of interference.
12.3. You acknowledge and agree that:
(c) all pictures and images of Products displayed are for illustrative purposes only;
(d) any accessory featured with the Products is for illustrative purposes only, and may be sold separately; and
(e) where dimensions and measurements of a Product are featured on the Website, the dimensions or measurements of the Product supplied to You may vary slightly from those dimensions featured.
13- Privacy
13.1. Any Personal Information that You provide to Us in connection with an Order, including contact details, will be kept and used by Us for the purpose of processing and delivering Your Order and in connection with the exploitation of any rights or discharge of any obligations of Britax in connection with that Product, as well as for other purposes as set out in Britax’s Privacy Policy.
13.2. If You place an Order for someone else to receive the Goods You must obtain their consent before providing Britax with their personal information and, by placing an Order, You confirm to Britax that You have done this and have informed them that Britax is collecting their personal information.
13.3. If You do not provide all the information requested on the Website (which may include Personal Information) during the ordering process, Britax may not be able to process Your Order and it may be rejected.
13.4. By checking the box when You create Your Account that You agree to receive marketing material (or You otherwise indicate Your acceptance), You consent to Britax sending You any marketing information or documents that Britax considers appropriate, including marketing material that promotes goods and services supplied by another company.
13.5. If You wish to change or update Your Personal Information in Your Account (including Your email address or password), simply login to Your account and submit those changes. Britax will take reasonable steps to process and correct any information submitted, in accordance with New Zealand Privacy Principles. Alternatively You may contact our Customer Service Centre at [email protected].
13.6. The Britax Privacy Policy contains further information on how to access, update or correct Your Personal Information and information on how to make a complaint about a breach of the New Zealand Privacy Principles.
13.7. Britax does not disclose Your personal information to any person located outside of Australasia.
14- General
14.1. If You place an Order for a Product on behalf of any other person, You do so in Your own capacity and as agent for that person. Further to the foregoing, You warrant You have the full authority of that other person to place an Order on that person’s behalf.
14.2. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time You place an Order are those that govern that Order.
14.3. Britax may give any notice to You that is required or permitted by these Terms by e- mail. You may give notice to Britax by electronic mail to our Customer Service Centre at [email protected].
14.4. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is severed as it applies in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
14.5. A failure or delay by Britax to exercise a power or right under these Terms is not a waiver of that power or right, and the failure or delay in exercising that power or right by Britax does not preclude its future exercise or the exercise of any power or right.
14.6. The laws of New Zealand govern these Terms.
15- Definitions
The following definitions apply to these Terms unless the context indicates otherwise.
Account means a personal account created by You on the Website.
Delivery Address means the address to which the Products are to be delivered, as stated on Your Order.
Delivery Agent means a third party delivery or shipping company or business engaged by Britax to deliver Products.
Delivery Fee means a fee for the delivery of Products that appears on the Website when You place Your Order.
GST has the meaning given by NZ Inland Revenue Department.
Order means a request by You to purchase Products from Britax under these Terms through the Website.
Password means the password required to access Your Account.
Personal Information has the meaning given in the Privacy Act 1993.
Product means any item offered for sale on the Website.
Price means the purchase price of each Product as specified on the Website.
Privacy Policy means the Britax Privacy Policy as set out on the Website and available here.
Product Warranty means the warranty provided by Britax for certain Products as set out on the Website and available here.
Returns Policy means the Britax Returns Policy as set out on the Website and available here.
Website means the sites available from www.britax.co.nz.
We, Us, Our and Britax means Britax Childcare NZ Ltd.
You and Your means the person purporting to place an Order or for whom the Order is placed.