Terms and Conditions
Returns and Refunds Terms Used
Seller refers to Marks Toy’s.
Buyer refers to any legal entity purchasing from the seller.
product refers to any goods or services supplied or available for supply from the seller.
Compliance with these Terms and Conditions are essential to the seller. By purchasing from the seller, buyer agrees to be bound by these Terms and Conditions and in no event will any terms contained in any order or offer made by the buyer or any document used by the buyer have effect or be binding on the seller. Ordering
The sellers website, the information on it and any information in emails are not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Terms and Conditions. The sellers acceptance of the buyers order occurs when the goods are dispatched to the buyer. In other words there is no enforceable contract for the seller to supply product until product is dispatched or supplied to the buyer.
The buyer may order products from the seller by completing and submitting the checkout process on the sellers website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order.
The Sellers Discretion in Rejecting Orders:
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer and the buyer acknowledges that the seller is under no obligation to explain its rejection of an order. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order. Overseas orders The seller does not ordinarily accept orders from overseas. However, the seller may do so in the sole discretion of the seller and only at the express request of the buyer. Please note that if the seller accepts an order from overseas that does not mean the seller submits to the jurisdiction of the buyer and in no event does the seller accept the jurisdiction of the buyer as governing arrangements between the parties. Consumer Guarantees Act 1993
In the event a transaction to which these conditions of sale apply is subject to the Consumer Guarantees Act 1993 (the Act) then:
� If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products.
� In the event the buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the buyers rights under the Act, to the intent that no provisions shall any way limit the buyers rights under the Act. Prices
5.1 The prices for the products are stated and are payable in New Zealand dollars (NZD).
5.2 GST All prices and delivery charges within New Zealand for the retail section of products are inclusive of New Zealand Goods and Services Tax at the rate of 15%. All prices and delivery charges within New Zealand for the wholesale section of products are exclusive of New Zealand Goods and Services Tax at the rate of 15%.
5.3 Duties Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to buyers order.
(a) Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller. (b) The seller may vary any prices on the sellers website at any time and without notice to the buyer.
All prices are exclusive of delivery costs.
6. Payment Methods
6.1 Pay by Credit Card:
(a) All credit card processing will be performed by Paypal Pte. Limited depending on the payment method the buyer chooses. When the buyer selects their preferred payment method, accepts the sellers Terms and Conditions and clicks Checkout the buyer will be directed to the third party website for credit card processing. The buyer will be automatically directed back to the sellers website when the transaction is complete.
(b) Paypal will process VISA, Mastercard, American Express
(d) The seller does not accept Diners Club, AMEX and Discover.
6.2 Information The seller will not process or store any credit card information on its website.
7. Availability and Cancellation
7.1 Availability: All orders are subject to the availability of products. If for any reason a product is not available, the seller will aim to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
7.2 Cancellation of Orders:
(a) Where products are listed on the sellers website with an incorrect price or with incorrect information, the seller may cancel the buyers order and where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
(b) The seller may cancel the buyers order any time prior to the dispatch or provision of the product.
7.3 Variation of Order Any variation, waiver or cancellation of the buyers order by the buyer shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
8.1 No warranty as to delivery
(a) Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by the times given.
(b) The seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.
8.2 Instalments The seller reserves the right to dispatch the buyers order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to cancel the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments up until the instalment is confirmed without limiting the other provisions of these Terms and Conditions.
8.3 Delivery Instructions (a) While the buyer may specify delivery instructions for an order the buyer agrees that the seller is not liable for any loss, cost or other harm suffered by the buyer as a consequence of problems with delivery.
8.4 Customs New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost.
9. Shipping Information
9.1 Delivery in New Zealand The seller will use FastWay couriers for all deliveries within New Zealand.
9.2 Order Tracking: All New Zealand shipments are tracked via FastWay ouriers Tracking number system. The tracking number will be held by the Seller and available to the buyer on request. The buyer can use this tracking number to track their order.
9.3 International Deliveries While the seller does not ordinarily provide products outside of New Zealand, if the seller agrees to do so it uses New Zealand Post for international deliveries.
9.4 Order Tracking International orders sent via New Zealand Post will be tracked using the New Zealand Post Track and Trace number. The tracking number will be held by the Seller and available to the buyer on request. The buyer can use this tracking number to track their order.
9.4 Costs The buyer is responsible for any costs incurred in tracking an order.
10. Shortages, Damages or Loss in Transit
10.1 Loss or damage in transit As the seller supplies all products EX WORKS the seller will not accept any liability for loss or damage in transit. In other words once an order has been dispatched to the buyers specified address it is considered completed and the seller will not be liable for any items that are lost, stolen or damaged after dispatch.
10.2 Liability for shortages Without limiting clause 10.1 liability for shortages in the quantity of goods delivered is limited to making up the shortages.
10.3 Time limit for claiming No claims for shortages or loss will be considered after 7 days of receipt of products.
11. Return of Goods for Credit or Refund Products supplied in accordance with the buyers order can only be returned with the express approval of the seller on the following conditions
(a) Requests to return products must be submitted within 7 days from the date of shipping and the original invoice number must be quoted;
(b) Where the return of products is accepted (for credit or refund at the sellers discretion) they must be delivered at the buyers expense into the sellers store or warehouse in original condition and packaging;
(c) Returned products are the buyers responsibility until they reach the seller;
(d) The seller shall not be responsible for misdirected shipments or products lost or damaged in transit;
(e) The seller reserves the right to levy a restocking fee against any returns the seller may agree to accept;
(f) Such fees may be up to 15% of the invoice priced and levied at the sellers absolute discretion; and
(g) Any refunds (at the sellers discretion) will be refunded in the form of the original payment method used by the buyer.
12. Liability and Maintenance Guarantee
12.1 To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.
12.2 To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.
12.3 To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which the buyer may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.
12.4 In lieu of any warranty, condition, or liability by law, the sellers liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use, maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.
12.5 At the termination of the period specified in clause 12.4 all liability on the sellers part ceases.
12.6 The warranty does not cover damage from misuse, accident, the actions or omissions of a third party (whether malicious or otherwise), negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
12.7 The sellers liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchase of the goods from the buyer in that the buyers rights under the contract are not transferable without the prior written consent of the seller.
12. Errors or Omissions The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the sellers administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and gives the buyer the option of returning the goods for a full refund.
13. Ownership and Risk
(a) Ownership of all products sold by the seller is retained by the seller until the seller has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of products by a creditor of the buyer or default in payment.
(b) Until full payment is made the buyer agrees to:
1. Enable the products to be readily identifiable as the property of the seller.
2. Maintain the products so supplied in good order and condition and to return the products immediately if called upon to do so by the seller.
3. On a sale or other realisation of the products the buyer shall identify and separately account for the proceeds of sale.
14. Personal Property Securities Act 1999
14.1 Until full payment has been received for the buyers order, the buyer acknowledges and agrees that:
(a) these Conditions of Use constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
(b) a security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer (if any).
14.2 The buyer undertakes to:
(a) sign any further documents and provide any further information which the seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby;
(c) not register a financing change statement or a change demand on the Personal Property Securities Register without the sellers prior written consent;
(d) give the seller not less than 14 days prior written notice of any proposed change in the buyers name or any of the buyers contact details.
14.3 Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.
15. Risk Once the buyers order has been dispatched to the buyer the buyer assumes full responsibility for and risk in the products.
16. Description of Products Modifications and improvements to the sellers products, prices and data are constantly being made. Although the seller has aimed to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website. The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller. If the goods do not match the description on the sellers website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
17. Gift Voucher Terms and Conditions Gift Vouchers are non-refundable, not exchangeable for cash, not valid for purchasing further Gift Vouchers and no change will be given. They are valid for 3 months from the date of issue. It is the responsibility of the Gift Voucher holder to redeem it prior to the expiry date as the seller is unable to amend the date once a Voucher has been issued.
18. Force Majeure The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of a contract for the sale and purchase of products where such delay or failure is outside the sellers reasonable control including without limitation as a consequence of third party action or omission, illness, natural disaster, technical failure or interruption.
19. Compliance The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products purchased from the seller.
20. Changes to these Conditions of Use The seller reserves the right to change these Terms and Conditions from time to time by publishing the changed terms on the sellers website. When revised Terms and Conditions are published on this website, all orders submitted by the buyer after the revised Terms and Conditions are published shall be subject to the revised Terms and Conditions.
21. Severability If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
22.1 Protecting your Information: The Personal Customer Information the buyer provides (including credit card information) to establish an account with and to make purchases from the seller is secured using Secure Sockets Layer (SSL) encryption technology. The seller uses this SSL technology to prevent such information from being intercepted and read as it is transmitted over the Internet.
22.2 Password Security To further secure the buyers Personal Customer Information, the Buyer will create a password when they establish an account with the seller. The buyer must keep their password secret and not share it with anyone. The only way a buyer can place an order with the seller on-line is by entering both the buyers registered e-mail address and password.
22.3 Remember to Log Out: To prevent unauthorised access to the buyers account, the buyer should log out once they have finishing using the site. Anyone who has access to the buyers computer after they have signed in, but before you have signed out, can access the buyers account. The buyer can also log out by closing their internet browser unless the buyer specifically selects the remember my password option when they signed in.
22.4 Safe Shopping Guarantee: By law, a credit card issuer cannot make the buyer liable for charges in excess of NZ$50.00 that result from the unauthorised use of the buyers credit card. Exceptions do apply, and the buyer will have to comply with the rules of their credit card or debit card issuer. The buyer recommends the buyer contact their card issuer for further details.
22.5 Mailware The seller accepts no responsibility for any mailware caught from accessing the sellers website. If the seller determines that the buyer has sought to upload any kind of mailware the buyer will be permanently banned and such sanctions as may be permitted by law will be pursued.
23.1 The seller is 100 per cent committed to protecting their customers security and privacy.
23.2 The seller will not pass on any buyers details to any third party.
23.3 The Information Collected by the Seller: When a buyer uses the sellers site, the seller receives and collects certain information. The information that the seller receives and collects depends on what the buyer does when they visit the sellers website.
23.4 Information Collected: Some information is automatically received and sometimes collected from the buyer when they visit the sellers website. The seller receives and collects the name of the domain and host from which the buyer accesses the Internet; the Internet protocol (IP) address of the computer the buyer is using; the browser software the buyer uses and the buyers operating system; the date and time the buyer accesses the sellers website; and the Internet address of the website from which the buyer linked directly to the sellers website. The seller uses this information to monitor the usage of its website via normal server log files.
23.5 Information Submitted to the Seller: For most of the browsing services the seller provides, the seller neither requires nor collects Personal Customer Information. The buyer can browse the sellers website and take as much time as they want to review the sellers products, services and reviews without having to submit such Personal Customer Information. Even when the buyer uses the sellers shopping cart as they browse, there is no need to submit Personal Customer Information.
23.6 Use and Sharing Personal Customer Information: Occasionally the seller uses personal customer information to market products and services. The buyer can opt-out from the seller using the buyers information for this purpose at any time.
23.7 Linking to Third-Party Websites: When the buyer clicks on links and banners on the sellers site that take the buyer to third party web sites, the buyer will be subject to the third party’s privacy policies. While the seller supports the protection of privacy on the Internet, the seller cannot be responsible for the actions of any third-party web sites.
23.8 The buyer has a right to access personal information held by the seller about the buyer and to request correction of any errors.
23.9 The seller shall retain information about the buyer for no more than 7 years or as may be required by law.
24. Disputes and Governing Law
24.1 Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
24.2 These Terms and Conditions (and any contracts to which these Terms and Conditions apply) shall be governed by the laws of New Zealand and the courts operating out of Wellington, New Zealand shall have the exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms and Conditions (and any contracts to which these Terms and Conditions apply).