1. Definitions
1.1 "Friends of The Civic Charitable Trust" is a non-profit
organisation dedicated to protecting and promoting the Civic Theatre, and it's history.
1.2 "Product" means any product sold by Friends of The
Civic Charitable Trust, The Civic Theatre, it's assigns or agents, on this site and the
subject matter of this contract.
1.3 "G.S.T" means New Zealand Goods and Services Tax
at 15% of the purchase price.
G.S.T is payable by all companies or individuals ordering from within New Zealand.
However, Friends of The Civic Charitable Trust is not required to charge G.S.T.
1.4 "Nominated Payment Authority" means Visa.
1.5 "Site" means civictheatre.co.nz and affiliated Internet
websites.
1.6 "Cheque" refers to cheques from New Zealand only.
1.7 "Fax" means facsimile transmission.
1.8 "Purchase Order Reference Number" means the order
number that is generated on this web site to confirm an order made via this web site.
1.9 "Return Order Number" means a reference number provided
to the customer by Friends of The Civic Charitable Trust before accepting the return of
product.
2. Introduction
2.1 This site is owned and operated by Red Hen Enterprises. By using this site, you agree
to these terms and conditions.
If you disagree with any of these terms and conditions, you should not access or use this site.
2.2 Product purchase prices shown, exclude postage/handling charges and G.S.T.
2.3 All prices referred to in these terms and conditions, and on this site, are in New Zealand dollars.
2.4 All payments will be collected in New Zealand dollars.
3. Orders, Price and Payment
3.1 The customer must order product in accordance with the instructions of this site.
3.2 Product will be paid for by authorising Friends of The Civic Charitable Trust to charge any one of your nominated payment authorities.
3.3 The price for product, shall be the price quoted on the site, at the time of making an order. All prices are exclusive of G.S.T.
3.4 The product purchase price does not include the cost of packaging
and freight.
3.5 Payment in full by the nominated payment authority for product ordered, will be made on the date of dispatch of the product. Friends of The Civic Charitable Trust is not responsible for any variation in price caused by currency fluctuation from the time of order, to the time of dispatch of product.
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4. Products
4.1 Friends of The Civic Charitable Trust may revise or vary or discontinue product from time to time without notice. Friends of The Civic Charitable Trust shall not be liable to any person if, Friends of The Civic Charitable Trust is unable to, or elects not to, supply product ordered because of an unforeseen change to product or for any other reason.
5. Delivery and Freight
5.1 Friends of The Civic Charitable Trust will endeavour to dispatch product on the day the order is received, or if not, on the next business day after the day the order is received, subject to credit worthiness or cancellation of that order.
5.2 Friends of The Civic Charitable Trust will use all reasonable effort to deliver product, in an acceptable condition, to the delivery address specified by the customer.
5.3 Unless otherwise stated, the cost of freight and delivery
will be payable by the customer and will be listed separately on the site invoice, the
payment invoice forwarded with product or, otherwise advised to the customer by Friends
of The Civic Charitable Trust at the time of, or soon after, the customer placing the
order.
5.4 Notwithstanding clauses 5.1 and 5.2, Friends of The Civic Charitable Trust shall not be liable for failure to deliver on a timely basis whether the failure to deliver on a timely basis has been due to causes beyond the control of Friends of The Civic Charitable Trust, or otherwise.
5.5 Friends of The Civic Charitable Trust is not liable for any import duties or taxes levied on product imposed by authorities in any country outside New Zealand. Such charges are the liability of the customer resident in that country, or who ordered the items delivered to that country, outside New Zealand.
5.6 Friends of The Civic Charitable Trust will not deliver to Post Office boxes and requires a physical address to which to deliver product.
5.7 Delivery & Freight charge depends on the order and subsequent package size, and will be confirmed with the customer. Friends of The Civic Charitable Trust endeavours to keep delivery and freight charges to the minimum. However, there is a minimum
delivery charge of $5-00 for packaging and posting within New Zealand (an increased charge may be required subject to the size and weight of the package).
5.8 Friends of The Civic Charitable Trust is not liable for cheques lost in the mail or during transit from the customer to Friends of The Civic Charitable Trust.
5.9 Product paid for by cheque will have 5 days added to the delivery time, for cheque clearance. Friends of The Civic Charitable Trust reserves the right to withhold product delivery, until cheque clearance.
5.10 Product within New Zealand, subject to size and quantity,
will usually be delivered , via Post. Product outside New Zealand will be delivered by
the most expedient service, subject to order type and size, and will be confirmed with
the customer prior to dispatch.
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6. Cancellation
6.1 With notification to Friends of The Civic Charitable Trust, the customer may vary, amend or cancel the order prior to dispatch. The notification MUST contain the Purchase Order Reference Number (generated from the web site at time of order).
The customer will be liable for any and all reasonable costs incurred by Friends of The Civic Charitable Trust to so vary, amend or cancel the order, if the order has been dispatched. (Refer to Clause 8).
7. Warranties and Guarantees
7.1 Friends of The Civic Charitable Trust will use all reasonable endeavours to supply top quality product and, if in any case, the product is damaged due to our negligence, Friends of The Civic Charitable Trust will replace or refund as required by the New Zealand Consumer Guarantees Act.
7.2 Except as provided by law, no warranty or guarantee is given, or liability accepted, for any damage to product due to external causes, including accident or misuse or use of product, other than for the manner intended for the product.
8. Return of Product / Refunds
8.1 Subject to the rights and powers contained in the Laws of New Zealand, after the date of dispatch, the customer may NOT return product if, for example, they no longer wish to purchase product or, for any other reason, decide not to purchase product, unless by prior approval with a Friends of The Civic Charitable Trust representative and issuance of a 'Return Order No'.
8.2 Return of product due to Friends of The Civic Charitable Trust error or omission, can only be accepted after obtaining a 'Return Order No' from Friends of The Civic Charitable Trust.
9. Property / Risk
9.1 The property and risk in product shall pass to the customer upon despatch by Friends of The Civic Charitable Trust to the customer's delivery address.
10. Applicable Laws
10.1 This site is operated from New Zealand, and its operation, and the supply of product from this site, shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
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11. Disclaimer
11.1 Every effort is made to ensure the information provided on this site is correct and accurate, but Friends of The Civic Charitable Trust does not warrant its accuracy or completeness, and reserves the right, but makes no commitment, to update or correct the terms and conditions and information and images contained in this site at any time without notice.
12. Privacy Policy
12.1 Collection of information: The Customer authorises Friends of The Civic Charitable Trust to collect, retain and use personal information about the Customer for the purposes of:
a. Assessing the Customer's credit-worthiness.
b. Undertaking any dealings or transactions with the Customer.
c. Enforcement of any legal or other rights Friends of The Civic Charitable Trust may have against the Customer in any manner that Friends of The Civic Charitable Trust may deem appropriate.
d. Making such disclosures as may in Friends of The Civic Charitable Trust's opinion be required for any of the above purposes.
e. Sending the Customer any advertising and/or promotional material.
13. Retention of information
13.1 The Customer acknowledges that Friends of The Civic Charitable Trust shall retain all personal information supplied by the Customer, until such time as the Customer information is deleted from Friends of The Civic Charitable Trust records.
13.2 The Customer is aware of his or her rights, under the Privacy Act 1993, to have access to personal information held by Friends of The Civic Charitable Trust, and to request correction of the information, and to be informed
of action taken in response to any such request, and/or to request that there be attached to the information a statement which the Customer can supply to Friends of The Civic Charitable Trust, relating to the fact that the Customer has
requested a correction. The Customer agrees to pay to Friends of The Civic Charitable Trust the reasonable charges requested by Friends of The Civic Charitable Trust in relation to the time, and attendances involved in complying with the Customer's request in this regard.
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