1.1 In these Terms and Conditions:
‘Snurfle’ means Snurfle Limited
‘Customer’ means the party contracting with Snurfle by purchasing any Goods from Snurfle.
‘Delivery’ means the delivery of Goods supplied by Snurfle to the address provided by Customer as the address for delivery when placing the order for the Goods.
‘Goods’ means all goods supplied by Snurfle to the Customer.
‘Terms and Conditions’ means these terms and conditions of trade.
1.2 Headings are used as a matter of convenience only. They are not to be considered in the interpretation of these Terms and Conditions.
2. General Terms
2.1 These Terms and Conditions apply to all purchases made from Snurfle. These Terms and Conditions constitute the full and complete statement of the terms of the contract between the Customer and Snurfle.
2.2 No variation of these Terms and Conditions will be allowed unless in writing and signed by an authorised signatory of Snurfle.
2.3 If any clause or part of a clause of these Terms and Conditions is held to be invalid or unenforceable it will be deemed to be severed and the remaining provisions shall remain in full force and effect. The parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these Terms and Conditions.
2.4 Snurfle may change these Terms and Conditions from time to time by notice to the Customer in writing, which may be by Snurfle’s website or email.
2.5 If Snurfle fails to enforce any terms or to exercise any right under these Terms and Conditions at any time, this will not be taken to mean that Snurfle has waived that right.
2.6 These Terms and Conditions will be governed by the laws of New Zealand.
3.1 Unless otherwise agreed in writing before the Customer places an order, prices for goods are those stated on Snurfle’s website or otherwise in force at the date when the Customer places the order. All prices stated on Snurfle’s website are in New Zealand dollars, unless stated otherwise. Prices are subject to alteration without notice.
3.2 Unless stated otherwise, prices include GST.
3.3 Snurfle reserves the right to correct the price at any time prior to Delivery where there has been a typographical or other error in the advertised price. Snurfle will notify the Customer of the corrected price. The Customer may choose to pay the corrected price, however if the Customer does not choose to pay the corrected price, Snurfle shall have the right to cancel the Customer’s order and refund any amounts the Customer has paid to Snurfle for the relevant Goods without further obligation to the Customer.
4. Payment and Orders
4.1 Payment must be made in full using the Snurfle website’s electronic payment system at the time of placing the Customer’s order. Incomplete or partial payment will not be accepted except for in the case of partial payment as part of a payment plan in accordance with the Snurfle website’s electronic payment system.
4.2 Orders can only be delivered to physical addresses within New Zealand and internationally.
4.3 Once the Customer has placed an order, the Customer cannot cancel it. However, Snurfle may cancel the Customer’s order at the Customer’s request if Snurfle agrees in writing to the cancellation and the order has not been processed by Snurfle.
4.4 Snurfle will make reasonable efforts to process the payment of the Customer’s order within 2 business days of receiving the order. Orders placed on the weekend or on a public holiday will not begin payment processing until the next business day.
5. Delivery and Risk
5.1 Snurfle will deliver Goods via Courier Post or other similar delivery service unless the Customer is notified otherwise.
5.2 Snurfle will make reasonable effort to deliver Goods in a timely manner but will not be liable for any loss or damage arising in any way from any delay in delivery.
5.3 Risk in the Goods shall pass to the Customer from the time of Delivery to the address supplied by the Customer as the postal address for the order.
5.4 All claims for shortage or delivery damage must be made to the carrier and to Snurfle in writing through its website within 5 business days of the date of delivery, or in the case of non-delivery within 2 business days of the due date for delivery.
6.1 The Customer acknowledges and agrees that returns shall only be accepted by Snurfle in accordance with Snurfle’s Returns Policy as notified to the Customer from time to time on Snurfle’s website or otherwise in writing, and that the Customer may receive a credit for goods returned only if Snurfle has consented in writing.
6.2 Nothing in these Terms of and Conditions or in the returns policy will limit or affect any rights that a non-business consumer may have under the Consumer Guarantees Act 1993.
7. Product Warranties
7.1 Except as expressly provided for in these Terms and Conditions, Snurfle gives no further warranties in relation to the Goods to the fullest extent possible.
8. Consumer Guarantees Act
8.1 If the Customer is acquiring or holding itself out as acquiring the Goods for a business purpose, the Consumer Guarantees Act 1993 and the Sale of Goods Act 1908 will not apply to the fullest extent permitted by law.
9. Liability of Snurfle
9.1 Snurfle will not be liable for any losses of any kind or any delay in supplying goods or any failure to perform its obligations which are caused in whole or in part by circumstances beyond Snurfle’s reasonable control.
9.2 In the event any Goods supplied by Snurfle are found to be defective, the maximum liability of Snurfle whether in contract or tort will be the lesser of the cost of remedying the defective Goods and the price of the Goods.
9.3 Snurfle will not be liable for any consequential loss or damage that arises to the Customer or any other party as a result of Snurfle’s breach of this contract or any negligence.
10. Cost of Enforcement
10.1 The Customer will be liable for,and will indemnify Snurfle for all costs incurred by Snurfle in enforcing Snurfle’s rights under this contract.
10.2 The Customer will be liable for, and will indemnify Snurfle for any losses suffered and costs incurred by Snurfle (whether directly or indirectly) as a result of the Customer breaching any term of these Terms and Conditions. 10.3 Compensation for any costs incurred or losses suffered by Snurfle pursuant to Clauses 10.1 and 10.2 of these Terms and Conditions will be payable by the Customer to Snurfle upon demand by Snurfle.
11.4 The Customer authorises Snurfle to collect, retain, use and disclose to any party any information about the Customer for the purpose of assessing the Customer’s credit worthiness or enforcing Snurfle’s rights under this contract.