Website Terms and Conditions
The following terms and conditions (“Terms and Conditions”) shall apply to the supply of all products by us to you. By ordering Goods from us, you confirm that you have read and accepted the Terms and Conditions and agree to be bound by them.
1.1 ‘Delivery’ shall mean the date upon which the Goods are physically delivered to the address nominated by you.
1.2 ‘Goods’ shall mean all goods provided by us to you and shall include, without limitation, any fee or charge associated with the supply of goods by us to you.
1.3 ‘Price’ shall mean the cost of the Goods as agreed between us and you subject to these Terms and Conditions.
1.4 ‘We’, ‘us’ and ‘our’ shall mean Solomons Gold and its agents and employees.
1.5 “Website” means www.solomonsgold.com & solomonsgold.co.nz and every part of it;
1.6 ‘You’ shall mean you the customer and your agents and employees or any person acting on behalf of and with your authority.
2. Orders and Acceptance of Terms
2.1 By placing an order with us and completing payment for your order, you agree with and will be bound by these Terms and Conditions.
2.2 We have absolute discretion as to whether your order is accepted and fulfilled and we may cancel an order or any part of an order for any reason, including unavailability of Goods. Where an order is cancelled we will use reasonable endeavours to notify you of the cancellation and we will provide a refund to you. We shall not be liable to you if we are unable or decline to supply Goods for any reason.
2.3 You cannot cancel an order once it has been sent to us.
3.1 Unless otherwise stated our Prices are inclusive of GST.
3.2 Our Prices are subject to change by notice to you in our sole discretion.
3.3 Where no Price is stated in writing or agreed to orally, the Goods shall be supplied at our standard rate as at the date of supply.
3.4 All Prices are in Australian dollars.
4.1 You must pay for the Goods and any Delivery fees using Visa or Mastercard by debit card or credit card. We may charge you credit card fees in addition to our the Price of the Goods and any Delivery costs.
5. Errors or Omissions
5.1 Clerical errors or omissions, whether in computation or otherwise in any order, quotation acknowledgment or invoice, shall be subject to correction.
6. Delivery and Inspection
6.1 We will deliver the Goods to you to the address specified in your order at your cost. We do not deliver to P.O. Boxes and we do not permit customer pick-ups. We do not ship outside of Australia.
6.2 We will endeavour to comply with all delivery dates agreed in writing but such dates will not be binding on us. We shall not be liable for failure to deliver or delay in Delivery.
6.3 We take every precaution in packing and dispatching your order but we accept no responsibility for Goods damaged during the course of Delivery.
6.4 You shall inspect the Goods and shall within seven days of Delivery notify us of any alleged defect, damage, or failure to comply with description. You shall afford us an opportunity to inspect the Goods within a reasonable time following notice and before any use is made of the Goods. If you fail to comply with this clause, you shall be deemed to have accepted the Goods.
7.1 Having satisfied customers is very important to us and we want to ensure that you are happy with your purchasing experience.
7.2 If you have any queries about your order and/or purchase or if you have any issues, please email us on firstname.lastname@example.org (Monday to Friday, 8:30am to 4:30pm).
7.3 If we have supplied Goods to you and you are not 100% satisfied then:
(a) Faulty: contact us within fourteen (14) days of the date of delivery in relation to any faulty Goods and we will arrange (at our cost) return of the faulty Goods and either send you replacement Goods (at our cost) or provide you with a refund;
(b) Damaged/Missing: contact us within seven (7) days of the date of delivery in relation to any damaged, missing or incorrect Goods and we will arrange (at our cost) return of any damaged or incorrect Goods and either send you replacement Goods (at our cost) or provide you with a refund; or
(c) Change of Mind (does not apply to food products): contact us within seven (7) days of the date of delivery in relation to any unwanted Goods (excluding any Goods that are or contain food) and provided that you return the Goods to us in perfect and saleable condition as inspected by our staff we will provide you with a refund (excluding any original processing or shipping costs). Return shipping is to be arranged by you at your cost and we will process your refund within seven (7) days of receipt of the returned Goods and inspection by our staff.
7.4 Proof of purchase will be required for a replacement or refund under clause 7.3.
7.5 Nothing in this clause 7 will affect any rights you have under consumer law.
8.1 The risk of any loss or damage to any Goods sold, or deterioration of the Goods, due to any cause whatsoever shall pass to you upon Delivery. If the Goods remain in our premises owing only to your failure to accept the Goods or at your request, such Goods shall be at your risk.
8.2 We accept no responsibility for Goods damaged during the course of Delivery.
9. Prohibition on Resale
9.1 Unless otherwise agreed, you may not purchase Goods through our Website for the purposes of resale.
10. Supply for the Purposes of a Business
10.1 You agree that where Goods are being supplied by us for the purposes of a business, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 will not apply and in relation to the sale of the Goods by you to your customers that you will: (a) contract out of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 wherever legally permitted to the maximum extent permitted by law; and(b) contract out of the Contract and Commercial Law Act 2017.
11. Exclusion of Warranties and Limitation of Liability
11.1 The Consumer Guarantees Act 1993, Contract and Commercial Law Act 2017, the Fair Trading Act 1986 and other statutes or laws may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or the fees paid for the Goods.
11.2 Except as otherwise provided by clause 11.1, we shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of the Goods to you, including consequential indirect or special damage or loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the Goods provided by us to you.
11.3 We will not be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where such delay or failure is caused directly or indirectly from causes beyond our control (including any failure by any of our suppliers to supply on time).
11.4 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to the Goods.
11.5 In the event that we are found liable, whether in contract or in tort or otherwise, for any loss, damage or injury arising directly or indirectly from any Goods sold by us or under these Terms and Conditions, our liability is limited to (at our option): (a) the replacement of such Goods with Goods of comparable or superior quality; or (b) damages not exceeding the Price of such Goods.
12.1 You indemnify us and our officers, directors, agents, advisers and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis that we or any of our officers, directors, agents, advisers or employees incurs or suffers as a direct or indirect result of: (a) the provision of the Goods by us to you; and (b) any breach of these Terms and Conditions by you.
13. Power to Revise Terms and Conditions
13.1 We may revise these Terms and Conditions at any time without notice by updating the posting of this document on the Website. We therefore strongly advise you to carefully read these Terms and Conditions whenever you make an order for Goods with us. You will be deemed to have accepted the revised Terms and Conditions if you place any further orders and your continued orders after any change in the Terms and Conditions indicates that you accept the changes.