Terms and Conditions

Terms of Trade:

By placing an order with Jackson Wills Ltd you acknowledge that you have read, understand and agree to the following Terms and Conditions.

Price:

All Prices are in New Zealand Dollar and include Goods and Service Tax (GST) of 15%.

Shipping:

See shipping and returns

Orders, Price and Payment:

Products may be ordered by following the instructions on the catalogue pages of this site. All prices quoted include Goods and Services Tax. Prices may increase or decrease from time to time.

No order will be accepted for delivery outside New Zealand.
Delivery charges within mainland North Island and South Island, New Zealand will be calculated for each order and shown as a separate item before you chose to enter your payment details and send the order to be processed. Delivery will be by courier chosen by Jackson Wills Ltd.
For delivery to an offshore island of New Zealand please enter the details of the pick up point or shipping agent on the mainland at which it would be convenient for you to have the order delivered. Jackson Wills Ltd’s responsibility for product shall cease on delivery of the order to the shipping agent, properly addressed.

Credit card payments:

Your credit card details are delivered immediately to a secure ecommerce server and our bank immediately debits your card for the cost of the items ordered and of delivery. If Jackson Wills Ltd is unable to deliver any items, your card will be credited with the full cost and delivery charge for that item debited when the order was placed.
Our Payment Gateway provider is DPS (Payment Express) and their Privacy Policy can viewed through the following link: http://www.paymentexpress.com/About/About_DPS/Privacy_Policy
Details of DPS Security Policy as our Payment Gateway provider can also be viewed through the following link: http://www.paymentexpress.com/About/About_DPS/security

Change of Terms and Conditions:

We may amend these terms and conditions at any time, so you should check and read these terms and conditions regularly. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended terms and conditions.

Privacy Policy:

Jackson Wills Ltd respects your privacy and will not give, sell, rent or lease your personal information to others.
Jackson Wills Ltd and its advisers will only hold your personal information. You are entitled to access and correction of your personal information. The customer authorises Jackson Wills Ltd to use this information to communicate promotional activities and to provide information about Jackson Wills Ltd's products and services to the customer.

Availability of Products:

We do our best to keep our website updated with products at all times, however there maybe times when the demand is high on a particular product and the website may show inaccurate stock availability.

General Conditions:

We may change these terms of trade from time to time by notice to you in writing, which may be by email.
If we fail to enforce any terms or to exercise any right under these terms of trade at any time, we have not waived that right.
You may not assign or subcontract any of your rights or obligations under these terms of trade.
If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
Any agreement between us is governed by the laws of New Zealand. Any dispute is subject to the non-exclusive jurisdiction of the New Zealand courts.

Warranties:

Where the New Zealand Consumer Guarantees Act 1993 applies to the supply of goods or services under these terms of trade, you may have additional rights under that Act.
Where goods are subject to manufacturers' warranties we will pass on the benefit of those warranties to you, without being directly liable to you under any warranty.
You are responsible for the cost of returning goods to us under any warranty claim, and you may be responsible for additional costs including (but not limited to) freight. Where you require us to do anything related to a warranty claim, you must pay our service and call-out charges.
Any warranty may be voided by unreasonable use, damage or misuse of the goods, damage after the goods left our possession, inadequate packaging, cleaning or maintenance, unauthorised repairs, modifications, and shall not extend to or cover fair wear and tear.
Our liability under any statutory right, or any condition or warranty imposed under the common law or otherwise, including any implied by the Sale of Goods Act 1908, the Fair Trading Act 1986, the Consumer Guarantees Act 1993 or similar Act is, to the maximum extent permitted by law, excluded.
Where the goods or services that you acquire from us are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where you acquire, or hold yourself out as acquiring, the goods or services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply and are excluded from these terms of trade.

Limitation of liability:

We will not be liable for any losses of any kind or any delay in supplying goods or services which are caused in whole or in part by circumstances beyond our reasonable control.
Subject to clause 5.1, our liability shall be limited to the value of any defective goods, software or services supplied, and none of us, our employees, contractors or agents, any manufacturer(s) or developer of the goods, or any of their materials or components or any suppliers of services, will be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This limitation of liability includes, but is not limited to, costs (including costs of returning goods to us or to any manufacturer), loss of data, indirect or consequential loss, loss of contracts, loss of profits, damage caused by or arising from delays in manufacture or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, or faulty materials or components of the goods.

Intellectual property rights:

You do not acquire any right, title or interest in any copyright, trade marks, or other intellectual property rights relating to any of the goods supplied to you.

Indemnity:

You hereby indemnify and keeps indemnified us harmless from and against any and all claims, investigations, inquiries, threats, suits, damages, liability, Costs and expenses (“Proceedings”) incurred, suffered or expended by or threatened against us with respect to or arising either directly or indirectly out of inappropriate use of any goods supplied by us to you.

Cancelation Policy:

We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

    (a) the Products in that order are not available;
    (b) there is an error in the processing of your order;
    (c) there is an error in the price or the Products description posted on the Site for the Products in that order;
    (d) we reasonably believe your order has been placed in breach of these Terms; or

You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you any return of the Products will be in accordance with, our Returns Policy.