By purchasing products from Wellington Hospitals Foundation Gift Shop ("WHF", "WHFGS", "we", "us", "our") or using this website, the purchaser (the "Customer", "you", "your"), agrees to the following terms and conditions of sale (the "Terms").
1. Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.
2. Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that the Consumer Guarantees Act or equivalent consumer protection legislation does not apply.
3. Limitation of Liability: Wellington Hospitals Foundation Gift Shop shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from WHFGS, even if WHFGS has been advised of their possibility. In no case shall WHFGS's maximum liability exceed the cost of the relevant original order.
4. Refunds: WHFGS will comply with its obligations under the Consumer Guarantees Act or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.
5. Addressing: If a product is found to be mis-addressed by WHFGS then WHFGS shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then WHFGS will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.
6. Incorrect Bank Account Number: WHFGS gives the customer the choice to pay for products through bank transfer. If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by WHFGS, then WHFGS will not accept any responsibility for correcting payment and goods will not be dispatched by WHFGS until WHFGS has received payment in full.
7. Prices, Payment and Title: WHFGS's available payment methods will be presented at the time of purchase. WHFGS retains title in the products purchased until WHFGS receives payment in full.
8. Delivery: We almost always have stock on hand to fulfil our customer orders and orders received will be despatched on the next business day. We will contact you if there is to be any delay in supplying your order.
9. Pricing errors: Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.
10. Security: WHFGS uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. WHFGS will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
11. Special Offers: Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise.
12. Mailing Cash: WHFGS does not recommend that cash be mailed for payment of products. If the Customer does mail cash, WHFGS accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.
13. Cancelling Orders: WHFGS reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where WHFGS believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).
14. GST: All prices are New Zealand GST inclusive unless otherwise stated.
15. Customs & Duties: For any orders shipped outside of New Zealand the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of WHFGS’s control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.
16. Site Access: WHFGS hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of WHFGS, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
17. Copyright & Trademarks: You agree that the content you access, view or download on this site and the software used to create it, remains the property of WHFGS Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
