TERMS & CONDITIONS
Definitions:
Customer means you and all other persons who purchase the products under your Login.
GST means goods and services tax.
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.
Login means a Customer’s personal password and access to www.olcastle.co.nz under that Customers registration.
Products means all the products for sale at www.olcastle.co.nz.
Shop Policy means the shop policy of Ol' Castle.
Ol' Castle means Ol' Castle limited.the seller of the products on sale at www.olcastle.co.nz.
Sale of all Products subject to Terms and Conditions
All the Products sold by Ol' Castle are sold subject to the following terms and conditions:
Ol' Castle has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever.
Ol' Castle has the absolute discretion to terminate the registration of any of its Customers for any reason whatsoever.
The Customer will be liable for every order made under its Login and agrees to indemnify Ol'Castle for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customers Login.
Ol' Castle shall use its best endeavours to prevent any unauthorised entry into the Ol' Castle internet site. However Ol' Castle shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
Price
The Customer shall not be liable for any registration costs to register with Ol' Castle.
The prices of products are displayed in New Zealand currency.
The prices of the Products are inclusive of GST and any other sales tax.
Ol' Castle may vary the prices of the Products at any time without notice.
Product Range and Availability
Every effort will be made to fulfill orders placed with Ol' Castle, but Ol'Castle shall not be liable to any person if Ol' Castle declines to supply a product for any reason whatsoever.
Ol' Castle reserves the right to determine the specials that are available on line. Specials are subject to availability while stock lasts.
Ol' Castle reserves the right to limit the range of products available to certain areas.
Ol' Castle reserves the right to limit quantities.
Ol' Castle may delay dispatch of a bulk order due to stock availability.
Payment
The Customer shall make payment of each order by credit card.
Ol' Castle reserves the right to disable a customer’s account for any reason whatsoever.
The customer is liable for all costs associated with debt collection where the customer’s payment has defaulted for an order.
Delivery
Ol' Castle has the right to refuse delivery of the Products to the Customer for any reason whatsoever.
Delivery charges will be stated clearly on your invoice.
Ol' Castle may change at any time the way in which the Customer pays for the Products, and any change will be notified to the Customer prior to he/she placing his/her next order.
The Customer is to notify Ol' Castle immediately of a change to its delivery address and in such case the notification shall be treated as a new application for registration.
Ol' Castle shall not be liable for failure to deliver on a timely basis whether the delay has been due to causes beyond the control of Ol' Castle or otherwise.
Property & Risk
Property and risk in the Products shall pass to the Customer upon delivery to the Customer"s delivery address.
The customer is obligated to keep their login and password details safe and confidential at all times.
Returns and Cancellations
We pride ourselves on being able to have your order dispatched within 24 hours.
You can request to cancel your order through the Contact Us page within 12 hours of the order being placed. Any request received after that we will attempt to change but in most cases order packing and dispatch would already have taken place.
If you're not 100% satisfied in any way with an item you've received, please let us know by email within 2 calendar days of receipt. Returns can only be made once authorised by Customer Services.
Our site is aimed at customers who have already experienced the product or happy to experience new tastes. If you have ordered the wrong product, then you can still return for a full refund but please note that the items must be unopened and unused and you will have to bear postage costs.
We are happy to refund postage costs if the item is defective or sent due to our error.
Please check your product orders carefully before placing an order.
In order to process your returns as quickly as possible, all returns must include:
A copy of your delivery note or your order number
Reason for return
Please ensure that items are packed securely to prevent any damage in transit. We also suggest sending via registered or insured post, so the parcel can be traced.
For credit card refunds, please note we can only refund the total cost of goods.
Warranties
Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of Ol' Castle is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the products. The Customer expressly acknowledges and agrees that Ol' Castle assumes no obligation or liability for any advice given and all such Products are accepted by the Customer entirely at the customers risk.
Liability
The liability of Ol' Castle whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Ol' Castle's obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.
Ol' Castle shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Ol' Castle be liable for any damage or loss caused by the Customer’s servants, agents, buyers or other persons whatsoever.
Force Majeure
If the performance by Ol' Castle of its obligations under Ol' Castle 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 Ol' Castle. Ol' Castle shall be excused from such performance to the extent of such prevention.
Privacy Act
The Customer authorises Ol' Castle to collect, retain and use personal information about the Customer for the purposes of:
a. Assessing the Customer’s credit-worthiness.
b. Undertaking any dealings or transactions with the customer.
c. Enforcement of any legal or other rights Ol' Castle may have against the Customer in any manner that Ol' Castle sees fit.The Customer further authorises Ol' Castle to collect personal information about the Customer from the Customer or any other source available to Ol' Castle including but not limited to credit referral agencies, the Customer’s bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer will have been associated.
The Customer acknowledges that Ol’ Castle shall retain all personal information supplied by the Customer until such time the Customer is deregistered.
The Customer is aware of his/her rights under the Privacy Act 1993 to have access to personal information held by Ol' Castle and to request correction to the information and to be informed of action take in response to any such request and/or to request that there be attached to the information a statement which the customer can supply to Ol' Castle relating to the fact that the customer has requested a correction. The customer agrees to pay Ol' Castle the reasonable charges requested by Ol' Castle in relation to time and attendances involved in complying with the Customer’s request in this regard.Consumer Guarantees Act
The customer acknowledges that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993) the provisions of the Consumer Guarantees Act 1993 shall not apply.
Variation of Terms and Conditions
Ol'Castle may at any time, vary these Terms and Conditions.