Terms & Conditions
This website (“Website”) is owned and operated by Pact Group Holdings Ltd ABN 55 145 989 644 or its subsidiary companies (“Pact Group”). By accessing this Website and/or purchasing something from us, you agree to the following terms and conditions (“Terms of Use”) made up of:
(a) Part A: Website Terms of Use
(b) Part B: Terms of Sale
(c) Part C: General
If you do not agree to these Terms of Use, you should not use or access this Website.
References to (a) “we”, “us” or “our” means Pact Group, and (b) “you” mean you as the user of the Website.
PART A: WEBSITE TERMS OF USE
1.Eligibility to use Website
This Website is intended for users who are at least 18 years of age and are residing in and using this site within New Zealand.
Pact Group makes no representations that the content of this Website complies with the laws of any country outside New Zealand. If you access this Website from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
2. Copyright in Website material
This Website (including its content, images and software) is subject to copyright. The copyright is owned by Pact Group, or in the case of some material, a third party. You may view this Website using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. You may draw the attention of others to content posted on this Website. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
Any other use, including the reproduction, modification, distribution, transmission, republication or display of any part of this Website is strictly prohibited without the prior written consent of Pact Group.
3. Trade marks
All trade marks, trade names, service marks and other product and service names and logos (“Marks”) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of Pact Group or third parties.
Nothing contained in this Website should be construed as giving you any right in or license to use any Mark of Pact Group or a third party which is displayed on this Website without their express permission.
If you use any Mark of Pact Group to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our Marks: (a) in or as the whole or part of your own Marks; (b) in connection with activities, goods or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including this Website).
4. Third party sites
This Website may contain links to other websites operated by third parties. These links are provided for convenience only and may not remain current or be maintained. Pact Group does not take any responsibility for the content or functionality of third party websites. You access those sites solely at your own risk. When using these third party websites, you will be bound by the terms and conditions posted on these other websites.
Unless otherwise expressly stated: (a) Pact Group has no relationship with the owners or operators of the third party websites or control over or rights in those websites; and (b) links to third party websites should not be construed as a recommendation, endorsement or approval by Pact Group, or preference by us of the owners or operators of the websites, or for any information, goods or services referred to on those other websites.
5. Direct Electronic Messages
If you have provided us with your electronic contact information (e.g. email address / mobile phone number), (a) you consent to us sending direct electronic messages to you (including messages about our products or the goods and services of third parties) in accordance with our Privacy Policy and (b) you warrant that you are authorised to provide the electronic contact information to us.
6. Disclaimer
You acknowledge that access to this Website is at your own risk, and to the extent permitted by law:
(a) The information contained in this Website is provided by us in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website. From time to time we may change the information on the Website without notice. However, we do not undertake to keep this Website updated. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free. To the extent permitted by law, all representations, warranties and other terms are excluded.
(b) Pact Group will in no way be liable to you or anyone else for any losses, damages, liabilities, claims and expenses, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or third party websites which are linked from this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or loss of data or information.
7. User Generated Content
This Website may allow you to upload content, including reviews or testimonials, in connection with goods and/or services supplied by Pact Group (“UGC”). If you upload UGC, you are deemed to have consented to these Terms of Use.
All UGC must be your own work (or licensed to you) and must not infringe any intellectual property or other rights of a third party. You acknowledge that you are responsible for any UGC you submit or contribute, including its legality, reliability, accuracy and appropriateness.
You grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, modify and reproduce your UGC in any manner determined by us, in any form now or in the future. Pact Group may edit, use, vary, display, modify, reproduce, distribute, disclose or create derivative works from your UGC at its discretion. You agree that your UGC may be used by us in our marketing, together with your name and other identifying information provided to us. You acknowledge and agree that we are not required to pay or compensate you for use of your UGC.
Pact Group will only use your UGC in accordance with our Privacy Policy and these Terms of Use. You release Pact Group from any claims, actions, loss, cost, liability or expense of any kind whatsoever related in any way to Pact Group use of your UGC in accordance with these Terms of Use, except to the extent the liability is directly caused or contributed to by Pact Group breach.
You acknowledge that your UGC must not be for a Prohibited Use (see below). Pact Group may remove, refuse to use, or take other action with respect to any UGC that is not consistent with this requirement, or for any other reason at its sole discretion.
8. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using this Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or local laws, regulations, rules, or orders; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet; (l) to transmit, or procure the sending of, any advertising or promotional material; or (m) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
9. Viruses
We recommend that you use virus protection software when using our Website (or any linked website) and that you take precautions to ensure that the process that you employ for accessing this Website is secure and does not expose you to interference which may damage your computer system. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked third party Website.
10. Indemnity
You indemnify Pact Group, its officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of, or conduct on, the Website in breach of these Terms of Use (including breach of any of your obligations under clauses 7, 8, or 9).
11. Cookies
Cookies are small pieces of information that your browser stores on your computer hard drive. We may use cookies and other techniques such as web beacons to provide us with information about your Website usage, recognise your device when you return to the Website (e.g. to store preferences), as well as to assist us to improve and develop the products and services we offer. If you do not wish to receive cookies, you may set your browser so that your computer does not accept them. If you disable cookies on your web browser, you may not be able to fully experience all features on this Website.
We may log IP addresses to analyse trends, administer the Website, track users’ movements, and gather broad demographic information
12. Privacy
Any personally identifiable information that you submit through or in relation to the Website, including the online store, is collected and used by Pact Group in accordance with its Privacy Policy.
13. Changes to the Website and your access
Pact Group reserves the right to vary or discontinue the Website or any page of the Website, or terminate your access to part or all of the Website, at any time without notice. You acknowledge that this Website may be inaccessible from time to time due to issues beyond our control or maintenance.
PART B: TERMS OF SALE
1. Application of terms of sale
All purchases of products from the online store made available on this Website (“online store”) will be governed by the following terms of sale, including any other terms and conditions which may be notified to you at the time of placing your order, for example, promotional terms and conditions.
2. Account
You do not need to register an account to access and use this Website. However, this Website may enable you to create an account. We reserve the right to refuse or cancel registration of an account for any reason in our sole discretion.
If you create an account you are responsible for: (a) maintaining the confidentiality of your username and password; (b) restricting access to your password and account; and (c) all activities and each purchase that occurs under your account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use, of your account. It is your sole responsibility to notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
The use of any automated software or any other mechanical or electronic means allowing users to create accounts is prohibited.
3. Product Information
We have provided details such as ingredients, active ingredients, usage instructions and warnings, in respect of each product on the online store. Please read these details carefully, and ensure that the products you purchase are suitable for the intended use.
4. Placing orders
To be able to buy products you must: (a) provide your name and address, phone number, email address, payment details and other required information; (b) provide a delivery address within New Zealand; and (c) be aged 18 years or over.
You may place an order by clicking on the [‘ADD TO CART’] button and proceeding to the checkout page.
You will be provided with an opportunity to review your order, read and accept these Terms of Use, check the total price of your order and the information you have provided, and correct any input errors before confirming your order. We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.
We may from time to time impose quantity restrictions or limits on the products you can order. Any quantity or total value restrictions will be stated on the online store or communicated to you at the time of placing your order or otherwise communicated to you.
We use reasonable efforts to ensure the availability of products you order from the online store but at times, products may be out of stock or not available for reasons beyond our control.
5. Processing
Once you have submitted and confirmed your order using the online store, we will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered products (order receipt confirmation email).
6. Acceptance and cancellation of orders by us
We may reject all or part of an order at our sole discretion for any reason including (but not limited to) due to unavailability of products, errors in the description or price of products, errors in your order or where we suspect your transaction is fraudulent or unauthorised.
If we reject all or part of an order for any reason, we will refund any money paid for that order or part of the order.
If, after receiving your order, we are unable to fulfil that order, we will contact you in relation to the order.
We will email you to confirm when your order has been accepted and dispatched (shipment confirmation).
7. Prices, Shipping and Handling, Charges and Taxes
All prices displayed on this Website are inclusive of GST, and do not include charges for shipping and handling (which are quoted separately during check out).
The price charged for a product will be the price in effect at the time your order is placed and will be set out in the order receipt confirmation email and in your shipping confirmation. If you place additional or separate orders after receiving the order receipt confirmation these will be separate transactions and you will incur additional shipping and handling charges for such additional orders.
Separate charges for shipping, handling and their related GST or other taxes and charges including credit card surcharges will be shown in your order receipt confirmation email and can be viewed on a summary screen during the checkout process, prior to finalising your order.
Prices for products and for shipping and handling are subject to change at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a shipping confirmation.
8. Promotional codes
From time to time promotional codes may be offered. To redeem a promotional code, the code should be entered during check out when prompted. A maximum of one promotional code will be permitted per transaction.
Promotional codes cannot be used in conjunction with any other offer. Promotional codes cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Shipping charges are excluded from the calculation of % off discount promotional codes unless the code expressly relates to shipping.
9. Value bundles
We may offer bulk purchase discounts or bundle discounts. The applicable discount is as stated on the Website, and applies to the bulk purchase and/or bundle only. The discount will not be applied to the same products purchased individually.
10. Payment
Payment must be made by VISA, MasterCard or by direct deposit into our bank account.
Credit card transactions are processed using Verifone gateway which meets PCI DSS security requirements to protect customer information.
You warrant at the time of placing your order that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with your order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.
If we do not receive confirmation that the payment has been processed, we will cancel your order.
If your card payment cannot be processed you will be notified of this on the online store. You will then need to contact the card issuer to resolve the issue directly.
11. Delivery
Where the products are listed as available, we will use best endeavours to despatch your order from our warehouse within seven business days after confirmation of your order. Where the products are on back order, we will use best endeavours to despatch your order within 28 business days after confirmation of your order.
We use third party shipping providers. Standard deliveries times are 1-3 business days following despatch, however may be subject to change based on demand and other circumstances beyond our control.
If we cannot deliver your order within the period specified in your shipping confirmation then we (or our shipping service provider) will endeavour to contact you.
If you unreasonably defer or delay delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
12. Events outside of our control
We will not be responsible for delay or failure to perform if the delay or failure is caused by any act, event, omission, accident or circumstance beyond our reasonable control including but not limited to: civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; cyber-attack, strikes or lock-outs (or other industrial action); national or local states of emergency; failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, pandemic, epidemic or other natural disaster; global shortages, unavailability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance of our obligations to you will be suspended for the period that the above continues.
13. Title & Risk
Title to the products passes from Pact Group to you when we have received payment in full for the products. All risk in the products passes to you upon delivery.
14. Product Warranties, Returns & Liability
(a) Warranties
In addition to any conditions, guarantees or warranties expressly set out in these Terms of Sale or the online store, our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products are not of acceptable quality and the failure does not amount to a major failure.
All other warranties and representations in relation to our products are excluded, except those which are non-excludable in law (such as the Australian Consumer Law).
(b) Returns
If you believe a product you have ordered is defective or damaged, please contact [email protected]. Please do not dispose of the product, as we may request that you return it to us.
We may provide instructions for the return of the product. Once we have received and validated your returned product, we will send you an email to confirm the validation. Your return will then be processed by us and confirmed to you by email. We will notify you whether the product will be replaced or refunded. Any refund will be processed within 14 business days.
If your product arrives damaged, please notify us within 7 days of receiving it. To help us process your claim quickly, please provide photos of the damage if possible. You can request a replacement or a credit for the damaged item.
Returns for change of mind or error in order by you will be subject to a re-stocking and handling charge of $20NZD or 20% (whichever is greater) of the value of the Order. Change of mind or error in order returns will only be accepted if made within 28 days from the date of delivery or the date on which your order becomes available for collection. Refunds will be issued to your original payment method only and we aim to refund you within 14 days of receiving the returned items minus the re-stocking and handling charge. Returns for change of mind will only be accepted on products which are unused and in their original condition.
(c) Liability, Exclusions and Limitations
If Pact Group breaches any term or condition and our liability cannot be lawfully excluded but can be lawfully limited, then to the extent permitted by law and without excluding, restricting, modifying or limiting your rights and remedies under the Australian Consumer Law, our liability for such breach is limited at our election to either: (a) resupplying the products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those products.
To the fullest extent permitted by law and except to the extent (if any) provided in these Terms of Sale or if we are liable to you for loss under applicable provisions for the Australian Consumer Law, we have no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of this Website, the online store or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Terms of Sale.
(d) Clearance Sales
All sales on products marked ‘Clearance’, ‘Clearance Stock’ or ‘Reduced to Clear’ are final. We do not accept returns or exchanges for change of mind on products marked for final sale.
15. Termination
Without prejudice to our termination or other rights under any other provision of these terms or applicable law, we may at any time prior to delivering the products to you, immediately terminate the contract for the supply of products to you if: (a) in our reasonable opinion you breach these terms of sale and the breach is not capable of being remedied; or (b) you breach these Terms of Sale, the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach; (c) we become aware after order confirmation that the product is out of stock; or (d) there has been a genuine pricing or product description error by us.
If we terminate pursuant to this clause, we will refund any money already received for that order.
PART C: GENERAL
1. Governing law
These Terms of Use are governed by the laws in force in Auckland, New Zealand and you submit to the non-exclusive jurisdiction of the courts of Auckland, New Zealand and any courts which may hear appeals from those courts
2. Amendments
Pact Group reserves the right to amend these Terms of Use at any time without notice. Any amendment will come into effect from the time the amended Terms of Use are posted on the Website. Your use of this Website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms of Use. Accordingly, you should read these Terms of Use from time to time for changes.
3. Transfer or assignment
These terms are binding on you and Pact Group and on any person to whom Pact Group might transfer its rights. You must not transfer, assign, charge or otherwise deal with a contract with Pact Group, or any of your rights or obligations arising under it, without our prior written consent. Pact Group may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of Pact Group rights or obligations arising under it, at any time.
4. Entire agreement
These Terms and any document expressly referred to in them represents the entire agreement between Pact Group and you and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
You acknowledge that, in entering into a contract with Pact Group, you have not relied on any representation, undertaking or promise given by Pact Group or any third party or implied from anything said or written in negotiations between us except as expressly stated in these Terms of Use.
5. Severance of clauses
If any clause of these Terms of Use is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms of Use and it will not affect the validity and enforceability of the remainder of the Terms of Use
6. Waiver
A failure or delay in exercising any right, power or remedy does not operate as a waiver.
7. Interpretation
A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation”.
Definitions:
Business Days means Monday to Friday, excluding public holidays in Victoria, Australia (for supplies in Australia) and in New Zealand (for supplies in New Zealand).
Confidential Information means information of a party that is by its nature confidential, including information about a party’s pricing, processes, product design, customers and strategy.
Consumer has the meaning under the relevant Consumer Laws.
Consumer Law means (a) in Australia, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth); and (b) in New Zealand, as set out in the Fair Trading Act 1986 (NZ) and the Consumer Guarantees Act 1993 (NZ).
Default Interest means the 90 day Bank Bill Swap Bid Rate (as quoted on Reuters page BBSY at 10.45am) plus 2% commencing from the due date of payment (with interest accruing daily until all monies owing are paid in full).
Delivery Date means the date the Products are to be delivered, as confirmed by us.
Delivery Location means the delivery location agreed by the parties in writing.
Force Majeure Event means any event or circumstance which is beyond our reasonable control, including acts of God and natural disasters, acts of war, terrorism, epidemic, general unavailability or failures of the internet or public utilities (eg electricity), breakdown of machinery (where not caused by gross negligence), denial of service attacks and other intentional acts of harm by third parties, strikes and industrial action, acts of any government or governmental agency, and international trade embargoes and restrictions.
Incoterms means the latest version of the Incoterms issued by the International Chamber of Commerce.
Modern Slavery means any form of coercion, threats, force or deception used to exploit any person, and undermine or deprive them of freedom (eg human trafficking, slavery, servitude, child labour, forced marriage, or debt bondage).
Pact Group means Pact Group Holdings Limited and its Related Bodies Corporate.
Products means all products described in our quote or invoice.
GST has the meaning in: (a) for supplies in Australia – the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and (b) for supplies in New Zealand – The Goods & Services Tax Act 1985.
PPSA means (a) for supplies in Australia – the Personal Property Securities Act 2009 (Cth), and (b) for supplies in New Zealand – the Personal Property Securities Act 1999;
Price means the price for the Products as set out in our quote or invoice.
Intellectual Property Rights means all rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise.
Order means each order for the Products which you place with us.
Personnel means the employees, representatives, agents, officers, contractors and subcontractors of a party.
Re-conditioned Products means Products that are not brand new, but which have been used previously and re-conditioned prior to sale to you.
Related Body Corporate has the meaning given to that term in the Corporations Act 2001.
Specifications means our standard specifications for the Products, or any other specifications we have agreed with you in writing.
Taxable Supply has the meaning in the relevant GST legislation.
Terms means the terms and conditions in this document
