Terms of Supply
Terms of Supply
Customer means you and, as the context requires, includes any person browsing Phoric’s Website.
GST means goods and services tax as defined in the Goods and Services Tax Act 1985.
Intellectual Property means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
Phoric means Phoric Limited.
Place of Delivery means delivery of the Products to Phoric’s nominated carrier in accordance with section 167 of the Contract and Commercial Law Act 2017.
Premises means the premises at the address specified by the Customer in their order.
Products means the products for sale on Phoric’s Website from time to time and Product means any one of them.
Website means [www.phoric.co.nz] or any similar medium through which the Products may be purchased from Phoric directly.
1.3 Phoric has absolute discretion as to whether an order is accepted and fulfilled and Phoric may cancel an order for any reason.
1.4 The Customer agrees that Products purchased through Phoric’s Website are not being purchased for the purpose of resale or wholesale supply. Orders made through the Website are for the purpose of individual consumption only.
1.5 Phoric shall not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access to the Customer’s electronic system and completes an order through the Website. Phoric uses Shopify Payments to securely authorise payments before any charges are made. For further information regarding Shopify Payments and how it processes payments, please visit here.
1.6 While Phoric uses reasonable efforts to make sure that all information on the Website is current and accurate, Phoric makes no warranty that information is up to date, accurate and correct. Further, Phoric accepts no liability for any such erroneous information.
1.7 From time to time Phoric may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.
1.8 New Zealand law governs the use of the Website and these terms and conditions.
2.1 The Customer shall pay Phoric for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
2.3 The prices of Products are displayed in New Zealand Dollars and are inclusive of GST.
3. Delivery fee
3.1 In addition to the price of any Product ordered, the Customer shall pay Phoric a delivery or shipping fee. The fee shall be identified and included in the total price at the point of checkout.
4. Product Availability, Specials And Quality
4.1 Phoric will endeavour to fulfil all orders made through the Website, but Phoric shall not be liable to any person in the event that Phoric is unable to or declines to supply any Product for any reason.
4.2 Phoric may delay or decline orders that exceed reasonable household quantities.
Specials or sales are subject to Product availability. Phoric will not accept back orders for specials or sales that are out of stock.
4.3 If Phoric agrees that a Product delivered to the Customer is in a damaged or unacceptable condition, Phoric’s liability to the Customer shall be limited to a refund of the price paid by the Customer for the specific Product.
5.1 Customers must pay Phoric for the Products in advance through a method acceptable to Phoric’s payment provider.
5.2 If a Customer’s payment method is declined, delivery of the relevant order will not be made.
5.3 If a Customer is invoiced an incorrect amount for any Product ordered, Phoric shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
6.1 The Customer expressly authorises Phoric to arrange for a carrier to send the Products to the Customer’s delivery address. The Customer is responsible for providing the correct delivery address when submitting an order.
6.2 Phoric reserves the right to withhold the delivery of any Product to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if Phoric permits) or alternative delivery arrangements are made.
6.3 Phoric’s nominated carrier shall be entitled to assume that any person accepting delivery of the Products has the express authority of the Customer to do so.
6.4 Customers shall ensure that their delivery address is easily accessible to Phoric’s carrier, and that it is safe for those carriers to enter the Customer’s premises in order to complete the delivery. If in the carrier’s opinion the delivery address is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted by the carrier to make alternative arrangements. Phoric reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause.
6.5 Notwithstanding any other term, Phoric shall not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Phoric or otherwise.
6.6 If any Product delivered does not correspond with a Product ordered, the Customer may reject the incorrectly-delivered Product, in which case Phoric will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
6.7 Phoric reserves the right to collect the incorrectly-delivered Products from the Customer. If the Customer is unable, or refuses, to deliver up the Products when requested, Phoric reserves the right to charge the Customer for those Products.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Phoric will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Phoric may cancel the order for that Product), and Phoric will refund the value of the relevant Product (as at the date on which the Product was ordered).
7.1 Property and risk in the Product shall pass to the Customer on delivery to Phoric’s carrier.
8.1 To the extent permitted by law, Phoric excludes all conditions, warranties, representations or other terms which may apply to the Products, whether express or implied.
9. Liability And Indemnity
9.2 Phoric shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, Phoric’s Website, or the delivery or failure to deliver any Product.
10. Consumer Guarantees Act
10.1 The Customer acknowledges that where the Product is ordered for “business” purposes as that term is defined in the Consumer Guarantees Act 1993 (CGA), the provisions of the CGA shall not apply to the sale of the Product by Phoric.
10.2 The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
11. Intellectual Property
11.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents is owned by, and shall at all times remain the exclusive property of, Phoric, its licensors and the providers of any other products and services accessible through the Website, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
12. Force Majeure
12.1 If the performance by Phoric of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Phoric) Phoric shall be excused from such performance to the extent of such prevention.
13. Privacy Act