1. Definitions
1.1 "Product" means any product sold by Timeworx on this site and the subject matter of this contract.
1.2 "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.
1.3 "Nominated Payment Authority" means Visa.
1.4 "Site" means timeworx.co.nz and affiliated Internet websites.
1.5 "Cheque" refers to cheques from New Zealand only.
1.6 "Fax" means facsimile transmission.
1.7 "Purchase Order Reference Number" means the order number that is generated on this web site to
confirm an order made via this web site.
1.8 "Return Order Number" means a reference number provided to the customer by Timeworx before
accepting the return of product.
2. Introduction
2.1 This site is owned and operated by Timeworx. 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 There is a minimum purchase price of $25-00 (Twenty Five Dollars) from this site. 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 Timeworx 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 purchase price does not include the cost of packaging and freight.
3.5 There will be a standard handling charge on all orders from this site.
3.6 Payment in full by the nominated payment authority for product ordered, will be made on the date of
dispatch of the product. Timeworx 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 Timeworx may revise or vary or discontinue product from time to time without notice. Timeworx shall
not be liable to any person if, Timeworx 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 Timeworx 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 Timeworx 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 payment invoice forwarded with product, or advised to the customer by Timeworx at the
time of, or soon after, the customer placing the order.
5.4 Notwithstanding clauses 5.1 and 5.2, Timeworx 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 Timeworx,
or otherwise.
5.5 Timeworx 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 Timeworx 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.
Timeworx 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, for example, complete clocks).
5.8 Timeworx is not liable for cheques lost in the mail or during transit from the customer to Timeworx.
5.9 Product paid for by cheque will have 5 days added to the delivery time, for cheque clearance.
Timeworx reserves the right to withhold product delivery, until cheque clearance .
5.10 Product within New Zealand will be delivered via courier service unless it is to a Rural Delivery address,
in which case, 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 Timeworx, 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 Timeworx to
so vary, amend or cancel the order, if the order has been dispatched. (Refer to Clause 8).
7. Warranties and Guarantees
7.1 Timeworx will use all reasonable endeavours to supply top quality product and, if in any case, the product
is damaged due to our negligence, Timeworx 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 Timeworx representative
and issuance of a 'Return Order No'.
8.2 Return of product due to Timeworx error or omission, can only be accepted after obtaining a
'Return Order No' from Timeworx.
8.3 Notwithstanding clauses 8.1 and 8.2, returned product may be subject to a re-stocking fee of 15% of the
purchase price, and will only be accepted if returned product is received, by Timeworx, in a good and
serviceable condition.
9. Property / Risk
9.1 The property and risk in product shall pass to the customer upon despatch by Timeworx 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
Timeworx 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 Timeworx 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 Timeworx may have against the Customer in any manner
that Timeworx sees fit.
d. Making such disclosures as may in Timeworx'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 Timeworx shall retain all personal information supplied by the
Customer, until such time as the Customer information is deleted from Timeworx 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 Timeworx, 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 Timeworx, relating to the fact that the Customer has
requested a correction. The Customer agrees to pay to Timeworx the reasonable charges requested by
Timeworx in relation to the time, and attendances involved in complying with the Customer's request in
this regard.
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