Terms and Conditions
By ordering any Goods from the E-commerce portal attached to the Website you agree to be bound by these E-commerce Terms and Conditions.
“Agreement” is a reference to these E-commerce Terms and Conditions, any order form and payment instructions provided to you;
“Goods” is a reference to any goods which we may offer for sale from the KinderPod.com website from time to time;
“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods from the E-commerce portal of the Website, operated by us;
“we”, “us” and “our” are references to Coupet Industries Ltd T/A KinderPod, Levin, New Zealand;
“Website” is a reference to the KinderPod.com website from which we offer our Goods for sale;
"Overseas Customer" is a reference to any person accessing or passing an order on the E-commerce portal of the Website who is not situated or located in Australia or New Zealand and/or requests delivery of purchased Goods to any location than either of these two countries; and
"Shipping Agent" is a reference to the entity that will deliver Goods to locations outside Australia or New Zealand.
- Any contract for the supply of Goods from the E-commerce portal of the Website is between you and us (Coupet Industries Ltd T/A KinderPod, Levin, New Zealand), to the exclusion of all others. We deliver to you nationally and internationally from our premises in Manawatu, New Zealand.
- You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
- Goods purchased from us from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party.
- Please note that some of our Goods may be suitable for certain defined weight ranges only. You should check that the product you are ordering is suitable.
- When ordering from us from this E-commerce shop you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
- We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
- Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.
- All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods available for sale on the Website and to discontinue any product line or service.
- The contract for the Goods will be accepted at the time of despatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons.
- If you are an Overseas Customer, when you place an order for Goods from us, you expressly accept that you will be importing these items to your location from New Zealand.
Prices and Payment
- All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of GST, unless you are an Overseas Customer. For all orders from an Overseas Customer prices are given exclusive of VAT, other local taxes, levies and duties, depending on your location.
- When you order Goods from the Website a delivery charge contribution will be applied depending on your location, notably if you are an Overseas Customer. Details of this cost are provided on the Website (see Customer Service/Shipping and delivery).
- The total price for Goods ordered, including the delivery contribution, will be displayed and on the Website when you place your order and will be itemized on your invoice.
- You must pay for your order before it is dispatched and you can do so by debit or credit card. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
- Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering. PO address service is not available for orders. A telephone number of the recipient of the Goods will be required.
- Time is not of the essence for the delivery of any Goods supplied under this Agreement.
- All international orders are delivered by the Shipping Agent, a reputable courier, usually UPS or DHL with full tracking facilities. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
- No refunds of the delivery charge are made for late deliveries.
- Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
- All risk in the Goods shall pass to you upon delivery.
- If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.
- You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
- Please note if you are an Overseas Customer that Goods may be subject to inspection by your local customs office.
- Where we have requested information from you to provide Goods you agree to provide us with accurate and complete information.
- You authorise us to use, store or otherwise process your personal information in order to provide the Goods to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods to you.
Cancellation and Returns
- We offer all Australian and New Zealand customers a money-back guarantee. If you are not completely satisfied with your purchase, contact us at email@example.com within 3 days of receipt – and prior to returning your item. We will then give you advice on how best to return the Goods.
- Owing to substantial international shipping costs, money back guarantees are, we regret, not available for our Goods for an Overseas Customer, unless due to a manufacturing defect. Please therefore choose your Goods with great care.
- We are unable to offer exchanges or refunds on used or soiled Goods, or Goods which have become damaged due to being used by you. Only items in an ‘as new’ condition in original packaging may be returned. We reserve the right to refuse a return on any Good that does not meet these requirements.
- We are not responsible for any Goods lost or damaged in transit when returned. It is therefore recommended that you insure items.
- Please note that postage/shipping/courier/insurance/handling costs are not refundable unless the product is considered faulty or defective.
- Refunds are issued at our discretion once we have received and inspected your returned items.
There may be a number of links on the Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.
Limitation of Liability
- Great care has been taken to ensure that the information available on this Website is correct and error free. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we and Coupet Industries Ltd make no warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- You expressly hereby agree to adhere to the user instructions and safety notices at all times when using the Goods. The user instructions and safety notices are available on the Website and in the manuals that will be shipped with your Goods.
- We and Coupet Industries Ltd disclaim any and all liability to you for the supply of the Goods to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If either we or Coupet Industries Ltd. are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods. Neither we nor Coupet Industries Ltd. can accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of negligence.
- Neither we nor Coupet Industries Ltd accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Website.
- We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
- The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
- We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
- We may subcontract any part or parts of the Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these E-commerce Terms and Conditions without your consent or any requirement to notify you.
- We may alter or vary the E-commerce Terms and Conditions at any time without notice to you.
- The E-commerce Terms and Conditions, and any order form and payment instructions constitute the entire Agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these E-commerce Terms and Conditions and any other term or provision on the Website, these E-commerce Terms and Conditions shall prevail. In all contexts and circumstances any Agreement will between you and us exclusively.
- If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- These E-commerce Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of New Zealand. In the event of any dispute arising, the parties hereto submit to the exclusive jurisdiction of the courts of New Zealand.
- No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.