Terms and Conditions

Glowbite New Zealand Limited – Terms & Conditions of Trade

Thank you for choosing Glowbite New Zealand Ltd. Please read these terms and conditions prior to using this website. If at any time you want clarification of any of these terms please do not hesitate to call us on 021 477 217.

  1. Definitions
    1. ‘GNZL’ means Glowbite New Zealand Limited, its successors and assigns or any person acting on behalf of and with the authority of Glowbite New Zealand Limited.
    2. ‘Customer’ means the person/s buying the Goods as specified in any invoice or order.
    3. ‘Goods’ means all Goods or Services supplied by GNZL to the Customer at the Customers request (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
    4. ‘Price’ means the Price payable for the Goods as agreed between GNZL and the Customer in accordance with clause 4 below.
  2. Acceptance
    1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order on the website.
    2. These terms and conditions may only be amended with GNZL’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and GNZL.
  3. Change in Control
    1. The Customer shall give GNZL not less than 24 hours prior written notice of any proposed change of Customers details (including but not limited to, changes in the Customers name, address, contact phone or fax number/s, or business practice) if it affects the delivery of a purchase. The Customer shall be liable for any loss incurred by GNZL as a result of the Customers failure to comply with this clause.
  4. Price and Payment
    1. The Price will be as indicated on the website on the day the customer has placed, an order.
    2. GNZL reserves the right to change the Price but orders placed before the change will be honoured at the price at the time of payment.
    3. Payment for Goods must be made without set off or deduction, on or before the 20th of the month following delivery. If you fail to make any payment to GLOWBITE by the 20th of the month following delivery, GLOWBITE may, at its sole discretion (and without prejudice to any other rights or remedies available to it) require you to pay, on demand, default interest on any amount outstanding at 2.5% per month accruing on a daily basis from the due date for payment until the date when payment is actually made. You will be liable to pay all expenses and costs (including legal costs on a solicitor-client basis) in connection with GLOWBITE recovering or attempting to recover any overdue amount.
  5. Delivery of Goods, Freight, Packaging and Handling
    1. Delivery (‘Delivery’) of the Goods is taken to occur at the time that GNZL (or GNZL’s nominated carrier) delivers the Goods to the Customers nominated physical address even if the Customer is not present at the address (unless specified at the time of purchasing. We do not deliver to PO Boxes
    2. At GNZL’s sole discretion the cost of delivery may be in addition to the Price. Where this occurs the cost of delivery will be given at checkout.
    3. A packaging and handling charge will apply where the total value of an individual order is less than $250 (GST exclusive). The current packaging and handling charge is $7. This charge directly reflects the cost of packing an order at our warehouse.
    4. Any delivery time or date given by GNZL to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and GNZL will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late. At time we may not be aware of a delay so please contact us if you have not received your goods within 4 working days.
    5. Delivery of the Goods to a third party nominated by the Customer shall be deemed to be delivery to the Customer for the purposes of this agreement.
  6. Risk
    1. Risk of damage to or loss of the Goods passes to the Customer on Delivery.
    2. If any of the Goods are damaged or destroyed following delivery GNZL is not liable.
  7. Title
    1. GNZL and the Customer agree that ownership of the Goods shall not pass until:
      1. the Customer has paid GNZL all amounts owing to GNZL; and
      2. the Customer has met all of it’s other obligations to GNZL if any.
    2. Receipt by GNZL shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised through DPS.
  8. Customers Disclaimer
    1. The Customer hereby disclaims any right to rescind, or cancel any contract with GNZL or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by GNZL and the Customer acknowledges that the Goods are bought relying solely upon the Customer?s skill and judgment.
  9. Defects
    1. The Customer shall inspect the Goods on delivery and shall within 48 hours of delivery (time being of the essence) notify GNZL of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall return the items and afford GNZL an opportunity to inspect the Goods within 7 working days following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which GNZL has agreed in writing that the Customer is entitled to reject, GNZL’s liability is limited to either (at GNZL’s discretion) replacing the Goods at no extra charge?or reimburse the customer for the Goods.
  10. Returns
    1. Returns will only be accepted provided that:
      1. the Customer has complied with the provisions of clause 9.1; and
      2. GNZL has agreed in writing to accept the return of the Goods; and
      3. the Goods are returned at the Customers cost within seven (7) days of the delivery date; and
      4. GNZL will not be liable for Goods which have not been stored or used in a proper manner; and
      5. the Goods are returned in the condition in which they were delivered and with all packaging material and paperwork in as new condition as is reasonably possible in the circumstances.
    2. Warranty and compliance
      1. For Goods not manufactured by GNZL, the warranty shall be the current warranty provided by the manufacturer of the Goods. GNZL shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
      2. The customer shall be soley responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products they purchase from GNZL.
    3. Consumer Guarantees Act 1993
      1. If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by GNZL to the Customer.
    4. Intellectual Property
      1. Where GNZL has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of GNZL.
      2. The Customer warrants that all designs, specifications or instructions given to GNZL will not cause GNZL to infringe any patent, registered design or trademark in the execution of the Customers order and the Customer agrees to indemnify GNZL against any action taken by a third party against GNZL in respect of any such infringement.
      3. The Customer agrees that GNZL may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which GNZL has created for the Customer.
    5. Default and Consequences of Default
      1. Without prejudice to any other remedies GNZL may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions GNZL may suspend or terminate the supply of Goods to the Customer. GNZL will not be liable to the Customer for any loss or damage the Customer suffers because GNZL has exercised its rights under this clause.
    6. Cancellation
      1. GNZL may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice GNZL shall repay to the Customer any money paid by the Customer for the Goods. GNZL shall not be liable for any loss or damage whatsoever arising from such cancellation.
      2. In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by GNZL as a direct result of the cancellation (including, but not limited to, any loss of profits).
    7. Privacy Act 1993
      1. The Customer authorises GNZL or GNZL’s agent to:
        1. access, collect, retain and use any information about the Customer;
        2. for the purpose of marketing products and services to the Customer.
        3. Sell and provide the products on our website
        4. Be in contact with the customer about their order or enquiry.
      2. The Customer shall have the right to request GNZL for a copy of the information about the Customer retained by GNZL and the right to request GNZL to correct any incorrect information sel the Customer held by GNZL.
    8. General
      1. The failure by GNZL to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect GNZL’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
      2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
      3. GNZL shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense suffered by the Customer arising out of a breach by GNZL of these terms and conditions (alternatively GNZL’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
      4. GNZL may license or sub-contract all or any part of its rights and obligations without the Customers consent.
      5. The Customer agrees that GNZL may amend these terms and conditions at any time. If GNZL makes a change to these terms and conditions, then that change will take effect from the date on which GNZL notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for GNZL to provide Goods to the Customer.
      6. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
      7. The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.