Terms & Conditions

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to chicktech.co.nz (‘the Site’). The Site is the property of Glasshouse Holdings Limited, trading as Chick Tech (“Chick Tech”) and its licensors.  Company number 4267998.  GST number 110 738 544.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Chick Tech reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is the buyer’s responsibility to check these Terms of Use periodically for changes. The buyer’s use of the Site following the posting of changes will mean acceptance and agreement to the changes.

Terms Used

'The seller' refers to Glasshouse Holdings Ltd T/A ChickTech
'The buyer' or ‘customer’ refers to any legal entity purchasing from the seller.
‘Goods’ refers to the sellers goods and products featured on the Site 

Formation of Contract 

A contract is formed only when the goods comprised in the buyers order are dispatched by the seller.

General

Where the seller accepts the buyer's order these Terms of Use (together with the sellers acceptance) of the buyers order constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) form part  any contract between the buyer and the seller. In particular:

Errors or Omissions

The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, pricing, invoice or acknowledgement. 

While our best efforts are made to keep our stock levels and pricing accurate we cannot be responsible for any errors in stock levels and pricing.  

Description of Goods

Modifications and improvements to the seller's goods are constantly being made.  The seller relies on information from its suppliers and product manufacturers. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the Site, the buyer should inform the seller immediately so that the seller may take appropriate action. 

Although the seller has endeavoured to ensure that the product and pricing information provided on the Siteis accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on the Site.

Ordering

The buyer may place an order with the seller (‘the buyers order’) for the purchase of goods from the seller by completing and submitting the checkout process on the Site. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order.

No order shall be deemed accepted by the seller until the seller has dispatched the goods referred to in the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer.

If the seller rejects the buyers order (or part of the order) the seller will notify the buyer of that rejection and any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order

Payment and Prices of goods

By placing the buyers order, the buyer authorises the seller to take payment for the goods comprised in the buyers order from the buyers debit or credit card.  Payment may be taken by the seller at any time but does not constitute acceptance of the buyers order.

Except where specifically stated in relation to a particular product, the prices for the goods are stated and are payable in New Zealand dollars (NZD). 

All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%. 

The seller may vary any prices on the Site at any time and without notice to the buyer.

Availability and Cancellation

Availability:

All orders are subject to the availability of goods. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of goods or the specification of any product at any time and without notice to the buyer.

Backorders:

If a product is ordered but later found to be out of stock the seller reserves the right to put the order on back order and confirm a suggested dispatch date with the customer. 

If the date proposed to the buyer for dispatch not acceptable to the buyer the seller will offer a full refund to the customer.

Delivery

The seller will endeavour to dispatch the buyers order within seven days of receipt.  (The usual delivery time is 2 working days)

The seller reserves the right to dispatch the buyer's order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.

The buyer agrees that: 

Return of Goods for Credit for Refund

Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.

Liability and Maintenance Guarantee

To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.

To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software, inks & toners and data loss are excluded from any such warranties.

At the termination of the appropriate period (ie guarantee period) all liability on the seller's part ceases.

The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.

Consumer Guarantees Act 1993

In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 ("the Act") then;

For more information about the Consumer Guarantees Act click here

Disputes and Governing Law

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.

These Terms of Use (and any contracts to which these Terms of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms of Use (and any contracts to which these Terms of Use apply). 

Force Majeure 

The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of these Terms of Use where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or