General terms and conditions

Article 1 – Definitions
In these terms and conditions the following is understood by:
Cooling-off period: The period within which the consumer may exercise their right of withdrawal.
Consumer: The natural person who does not act in the exercise of professional or business activity and who enters into a distance contract with the trader.
Day: Calendar day.
Ongoing transaction: A distance contract for a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: Any means that enables the consumer or trader to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information.
Right of withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.
Trader: The natural or legal person who at a distance offers products and/or services to consumers.
Distance contract: A contract concluded in the context of an organised distance-selling system for products and/or services by the trader, wherein up to and including the conclusion of the contract only one or more techniques for remote communication are used.
Technique for remote communication: Means which can be used for concluding a contract without the consumer and trader being simultaneously in the same place.
General Terms and Conditions: These General Terms and Conditions of the trader.

Article 2 – Right of withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving reasons. During the cooling-off period the consumer will treat the product and its packaging with care.
If the consumer makes use of his right of withdrawal, he will return the product with all delivered accessories and, if possible, in the original state and packaging, in accordance with the reasonable instructions of the trader.

Article 3 – Applicability
These general terms and conditions apply to every offer by the trader and to every distance contract and each order between trader and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, then before the conclusion of the distance contract it will be indicated that the general terms and conditions may be inspected at the trader’s premises and that they will be sent free of charge to the consumer on request.

If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, then before the conclusion of the distance contract it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer, electronically or otherwise, on request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms the consumer may always rely on the provision most favourable to him.

If one or more provisions in these general terms and conditions are wholly or partially void or annulled, then the contract and these terms and conditions will continue in force and the provision in question will be replaced immediately by a provision which approximates the intent of the original as closely as possible.
Situations not regulated by these general terms and conditions shall be governed by the spirit of these general terms and conditions. Ambiguities concerning the interpretation of one or more provisions of our terms and conditions shall be interpreted in the sense of the spirit of these general terms and conditions.

Article 4 – The offer
If an offer has a limited validity period or is subject to certain conditions, this shall be expressly stated in the offer.
All offers are non-binding, and the trader reserves the right to modify or withdraw the offer at any time.

The offer shall contain a complete and accurate description of the products and/or services offered.
The description must be detailed enough to allow the consumer to make a proper assessment of the offer.
If the trader uses images, these shall provide a truthful representation of the products and/or services offered.
Obvious mistakes or errors in the offer do not bind the trader.

All images and specifications included in the offer are indicative only and cannot give rise to compensation or the right to terminate the agreement.
Images of products are a true reflection of the products offered, but the trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Each offer shall include information sufficient to make clear to the consumer what rights and obligations are associated with acceptance of the offer.
This includes, in particular:

Any shipping costs;
The method of concluding the agreement and the actions required to do so;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and performance of the agreement;
The period for accepting the offer or the period during which the trader guarantees the price;
The rate of communication at a distance if it differs from the basic rate;
Whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer;
How the consumer can check and, if necessary, correct the data they have provided before concluding the contract;
Any other languages in which the contract may be concluded;
The codes of conduct to which the trader has subscribed and how the consumer can consult them electronically;
The minimum duration of the distance contract in the case of a continuing transaction;

Article 5 – The contract
Subject to the provisions of paragraph 4 of this article, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically.
As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment.
If the consumer can pay electronically, the trader shall observe appropriate security measures for that purpose.

The trader may—within the limits of the law—obtain information about whether the consumer can meet their payment obligations, as well as any facts and factors relevant to the responsible conclusion of the distance contract.
If, based on this investigation, the trader has good reason not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its performance.

The trader shall provide the following information to the consumer, in writing or in a manner that allows it to be stored on a durable data carrier accessible to the consumer, at the latest upon delivery of the product or service:

The business address of the trader’s establishment where the consumer may submit complaints;
The conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
Information on warranties and existing after-sales service;
The data referred to in Article 4(3) of these Terms and Conditions, unless this information has already been provided to the consumer before the conclusion of the contract;
The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery. Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 30 days.
This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, has received the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care.
They shall unpack or use the product only to the extent necessary to determine whether they wish to keep it.

If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product.
This notification must be made in writing or by email. After the consumer has indicated their intention to withdraw, the product must be returned within 30 days.
The consumer must be able to prove that the goods were returned on time, for example by providing proof of postage.

If, after the periods referred to in paragraphs 2 and 3, the consumer has not communicated their wish to withdraw and/or has not returned the product to the trader, the purchase becomes final.

Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the cost of returning the products shall be borne by the consumer.

If the consumer has made a payment, the trader shall refund this amount as soon as possible, but no later than 30 days after the withdrawal.
This is subject to the condition that the product has already been received back by the trader or that conclusive proof of the complete return shipment can be provided by the consumer.

Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer’s right of withdrawal for certain products, as described in paragraphs 2 and 3.
Exclusion of the right of withdrawal is only possible if the trader clearly stated this in the offer, or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

That have been produced according to the consumer’s specifications;
That are clearly of a personal nature;
That, by their nature, cannot be returned;
That are liable to deteriorate or expire rapidly;
Whose price depends on fluctuations in the financial market over which the trader has no control;
Single issues of newspapers and magazines;
Audio or video recordings and computer software whose seals have been broken by the consumer;
For hygienic products where the seal has been broken by the consumer.

Article 9 – The price
During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from adjustments in VAT rates.

In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices.
This dependency on fluctuations and the fact that any prices stated are indicative shall be mentioned in the offer.
Price increases within three months after the conclusion of the contract are permitted only if they result from statutory regulations or provisions.

Price increases after three months are permitted only if the trader has stipulated this and one of the following applies:

The increase results from statutory regulations or provisions; or
The consumer has the right to terminate the contract as of the date the price increase takes effect.

All prices are subject to printing and typographical errors.
No liability shall be accepted for the consequences of such errors.
In the event of a printing or typographical error, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and guarantee
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of quality and usability, and the legal provisions and/or government regulations in effect on the date of conclusion of the contract.
If agreed, the trader also guarantees that the product is suitable for purposes other than normal use. Any warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery.
Products must be returned in their original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period.
However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice given regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or altered the delivered products themselves, or has had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or contrary to the trader’s instructions and/or those on the packaging;
The defect arises wholly or partly from regulations imposed or to be imposed by the authorities concerning the nature or quality of the materials used.

Article 11 – Delivery and performance
The trader shall take the utmost care when receiving orders for products and when assessing requests for the provision of services. The place of delivery shall be the address that the consumer has made known to the trader.

Subject to what is stated in Article 4 of these Terms and Conditions, the trader shall execute accepted orders promptly but no later than 30 days, unless a longer delivery period has been agreed upon.
If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this within 30 days after placing the order.
In that case, the consumer has the right to terminate the contract free of charge.
The consumer is not entitled to compensation.

All delivery times are indicative.
No rights may be derived from any stated delivery periods.
Exceeding a delivery time does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement article.
It will be clearly stated that a replacement item is being delivered.
The right of withdrawal cannot be excluded for replacement items.
The cost of any return shipment shall be borne by the trader.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 12 – Ongoing transactions: duration, termination and extension
Termination
The consumer may cancel a contract which is entered into for an indefinite period and which relates to the regular delivery of products (including electricity) or services, at any time with due observance of the stipulated termination rules and a maximum termination period of one month.
The consumer may cancel a contract entered into for a definite period which relates to the regular delivery of products (including electricity) or services, at any time at the end of the agreed term with due observance of the stipulated termination rules and a maximum termination period of one month.
The consumer has the right:

to cancel at any time and is not restricted to a certain time or period;
at least to cancel in the same manner as they have entered into the contract;
always to cancel with the same termination period as the trader has stipulated for itself.

Extension
A contract entered into for a definite period which relates to the regular delivery of products or services may not be silently extended or renewed for a definite period.
In deviation, a contract entered into for a definite period which relates to the regular delivery of day-, news- and weekly magazines may be silently extended for a maximum of three months, provided that the consumer can cancel the extended contract at the end of the extension period with a termination period of at most one month.
A contract entered into for a definite period which relates to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer may cancel at any time with at most one month’s termination period — and at most three months’ termination period in respect of products that are delivered regularly but less than once a month (e.g., daily/weekly publications).
A contract with limited duration for the regular delivery of day-, news- and weekly magazines (trial or introductory subscription) will not be silently continued and ends automatically after the purchase of the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may after one year cancel the contract at any time with at most one month’s termination period, unless fairness and reasonableness oppose termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the amounts payable by the consumer must be paid within seven working days after the cooling-off period referred to in article 6 paragraph 1 has commenced.
In the case of a contract for the provision of services, this period begins after the consumer has received the confirmation of the contract.
The consumer has a duty to notify the trader without delay of inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints procedure
Complaints regarding the performance of the contract must be submitted clearly and fully described to the trader within seven days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer may expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement scheme.
A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing.
If a complaint is found to be well-founded the trader will, at its choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between the trader and the consumer to which these General Terms and Conditions apply are governed exclusively by New Zealand law.

Any dispute arising out of or in connection with such contracts shall be submitted to the competent court in New Zealand.

The trader reserves the right to resolve disputes through an independent mediation or arbitration service before court proceedings commence, where appropriate.
Even if the consumer resides outside New Zealand, New Zealand law shall still apply.