Dunedin City Council Online Shop – General Terms and Conditions

These Terms (which include the returns policy, intellectual property policy and privacy policy) are applicable to any use of Website and to any agreements made between you and the Council through the Website. These Terms are a contract between you and the Council.  Please read them carefully.  If you do not agree to these Terms, you cannot use the Website and/or buy any goods through the Website. These Terms may be altered or reviewed by the Council at any time, with or without notice.  You should check and read the current Terms on the Website carefully each time you use the Website. By continuing to use and access the Website you are deemed to accept any updated Terms.

1.     Definitions:  In these Terms, unless the context otherwise requires:

"Council", "we" or "us" means Dunedin City Council.

"GST" means Good and Services Tax under the Goods and Services Tax Act 1985.

"Terms" means these Dunedin City Council Online Shop - General Terms and Conditions or any replacement terms and conditions available on the Website from time to time.

"Website" means the Dunedin City Council Online Shop Website and related websites of the Council where appropriate in the context.

"you" means any user of the Website or purchaser/recipient of goods through the Website.

2.     Use of the Website:  The Council makes the Website available for your personal and non-commercial use. In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the Website and refuse any and all current and future use of the Website. You agree not to use the Website for any improper, injurious, offensive or unlawful purpose. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website unless you first obtain our express written consent to do so. You agree not to access the Website by any means other than through the interface that is provided by the Council for use in accessing the Website.

3.     The Council's Rights: The Council may elect to electronically monitor areas of the Website and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation or government request, if necessary or appropriate to operate the Website, or to protect the Council's rights or property or the rights of users. The Council is not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive content, it may investigate the allegation and in its sole discretion determine whether to remove or request the removal of such content from the Website. The Council may terminate your access, or suspend your access to all or part of the Website without notice, for any conduct that the Council, in its sole discretion, believe is in violation of any applicable law or is harmful to the interest of another user. The Council reserves the right to refuse to sell products to you if it reasonably appears to the Council that you intend to resell the products. In addition, the Council reserves the right to limit the quantities of items purchased by each customer.

4.     Information: You authorise the Council to collect information about you (including information about transactions processed by you) from time to time through the Website.  Any such information collected shall be treated in accordance with the Dunedin City Council Privacy Statement and relevant privacy legislation

5.     Consent for the Council to receive and store information in electronic form: By using the Website, sending us emails or contacting us through online services, you are communicating with us electronically and you agree to provide information to us through electronic means.  This means you agree to provide any relevant information, documents and attachments in the format and to the standards required by us for each transaction.  It also means you agree and understand that the information will be retained in electronic form.

6.     Consent for the Council to provide you with information in electronic form: By using the Website you agree to receive information through electronic means.  Where information is requested by another person, the requesting party is deemed to be the recipient's agent and is presumed to have obtained the consent of the recipient to receive the information in electronic format.

7.     Security: Goods available on the Website are provided for purchase through a secure website [using SSL (secure socket layer) encryption].  However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website (including credit card information) may be read or intercepted by others, even where the Website is stated as being secure.  The Council shall have no liability for the interception or 'hacking' of data through the Website by unauthorised third parties.

8.     Your Warranties: In using the Website to purchase goods, you represent and warrant that you are over 18 and have legal capacity to contract in New Zealand.  If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred through the use of the Website and/or the purchase of any goods through the Website.

9.     Links to other websites: The Website may contain links to other websites of interest. These links will let you leave the Website. The linked sites are not under the Council's control and the Council is not responsible for the contents of any linked site or link contained in a linked site, or any changes or updates to such sites.  The Council is not responsible for webcasting or any other form of transmission received from any linked site. The Council does not endorse any linked site or its use or contents.

10.  Product Descriptions: The Council has made every reasonable effort to be as accurate as possible in describing goods on the Website. However, the Council does not warrant that product descriptions of goods or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by the Council is not as described, your sole remedy is to return it at your own cost in unused condition within 14 days of delivery for a full refund of the purchase price if we agree to provide a refund in the circumstances. In particular, although the Council have made every effort to display the goods and their colours as accurately as possible, the displayed colours of the goods will depend upon your monitor and computer settings and the Council cannot guarantee that your monitor and computer settings will accurately portray the actual colours of the goods. The Council reserves the right to make corrections and changes to the Website, including product descriptions, at any time without notice.

11.  Ordering Disclaimer: Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. The Council reserves the right to accept or deny shipment to anyone for any reason. The Council reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, the Council reserves the right to cancel the order and notify the cardholder or the authorities.

12.  Pricing and Payment: Prices on the Website are displayed and charged in New Zealand dollars and are inclusive of GST unless otherwise specified. You will pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).  Prices displayed on the Website are subject to change without notice. Once an order has been accepted, the price for goods in that particular order is fixed. All payments are to be made in advance by credit card.  The Council may contact you directly to confirm your credit card details.  Title and risk in any goods purchased shall pass to the buyer upon confirmation by the Council of successful payment for the goods. 

13.  International Transactions: International customers who have purchased goods on the Website may be subject to import duties and taxes, levied once the goods have reached the country of the customer.  Any additional charges as a result of local customs policies are borne by you as importer of record.  It will be your responsibility to comply with all laws and regulations in the country receiving the goods. 

14.  Shipping and Delivery: Deliveries will usually be made within 3 to 5 working days for orders within New Zealand and 5 to 21 working days for international orders on Monday to Friday only.  The Council is unable to guarantee delivery times and will not be liable for any delay or failure to deliver goods on time or for any goods damaged during or following delivery. Postage and packaging costs are quoted in New Zealand Dollars (NZD) and are inclusive of GST.  Shipping costs will automatically be added to your order when you proceed through the checkout and are calculated on the delivery information provided. Deliveries can only be made to street addresses and cannot be made to PO Boxes.  Accurate shipping address and phone number are required.  Your signature may be required for delivery. Because events may occur at your delivery address that are beyond the Council's control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery to the cardholder, even without a signature.

15.  Returns, Refunds and Cancellation Policy: Subject to any obligation to refund goods under the Consumer Guarantees Act 1993, the Council will not accept the return of any goods purchased on the Website except for goods that are damaged or faulty upon delivery. Where goods are delivered damaged or faulty, you are responsible for returning the goods to the Council within a reasonable time. The Council, at its sole discretion, will either repair or replace the goods. In the event that the goods are faulty and cannot be repaired or replaced, the Council will issue a full refund of the purchase price. Otherwise, a refund will only be provided when it has been proven that a payment has been made twice at the same time for one item, from the same credit card.  When applying for a refund you must provide us with proof that you have paid twice for one item.  If your refund request is accepted, the refund will be transferred back to the originating credit card. It is Council policy not to accept the cancellation of any transaction or order for any goods. These policies may be modified due to specific legislative requirements for a particular good. 

16.  Accuracy of Transaction Information: Upon completing a transaction using the Website, you may be presented with a confirmation screen verifying the transaction details you wish to process.  It is your responsibility to verify that all transaction information and other details are correct.  You should print the transaction confirmation for future reference and your files.  The Council shall have no liability for transactions which are incorrect as a result of inaccurate data entry by you or for loss of data or information caused by factors outside of the Council's control.

17.  Use of Online Payment Process: The Council cannot warrant that the online payment process used on the Website will be faultless, immediate, continuous, and virus free, nor that information provided through the online payment process will be complete, accurate or up to date.  The Council will endeavour, however, to ensure the Website is available at all reasonable times, subject to maintenance.

18.  Limitation of Liability: To the extent permitted by law, in no event will the Council be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where the Council has been advised of the possibility of such damages occurring.  If, notwithstanding the foregoing, the Council is found to be liable to you for any damage or loss which arises as a result of your use of the Website or the purchase of goods through the Website, the Council's liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser.  If the Consumer Guarantees Act 1993 applies, you may have rights and remedies which are not excluded or limited by the above.  If you are using this Website or its contents for business purposes, the above exclusions and limits will apply and you agree that the Consumer Guarantees Act 1993 will not apply.

19.  No Warranties: The Council makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, services, or products included on or otherwise made available to you through this site. You expressly agree that your use of this site is at your sole risk. To the maximum extent permitted by law, the Council disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose regarding all products and services. The Council does not warrant that this Website, its services, information, content, materials, products, or other services included on or otherwise made available to you through the Website are free of errors, defects, computer viruses, bugs, or other harmful components.

20.  Intellectual Property: You acknowledge that the Website contains information, data, software, photographs, graphics, videos, texts, images, typefaces, sounds, and other material that are protected by copyright, trademarks, or other proprietary rights and that these rights are valid and protected in all forms. You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any goods advertised on the Website. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements and the compilation of all content on the Website are the copyright of the Council or its licensors, where applicable.

21.  Right to suspend, alter or cancel service: The Council shall be entitled at any time without prior notice or any liability to you, to alter, cancel or suspend any or all of the Website's services, or to stop offering certain goods through the Website, temporarily or permanently and/or to substitute alternative goods or services, which may or may not be interactive or transactional in nature.

22.  Terms of Use of the Website: General use of the Website is governed by the Dunedin City Council website's terms and conditions of use. These Terms form part of that website's terms and conditions of use.  In the event of conflict between the website's terms and conditions of use and these Terms, the latter shall prevail.

23.  Jurisdiction: These Terms and the online services they cover are governed by New Zealand law.  The New Zealand Courts have non-exclusive jurisdiction over any matter in connection with the Website and these Terms. The Council makes no representation that the Website is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with all applicable local laws.

24.  Termination: These Terms are effective until terminated by either party.  If you no longer agree to be bound by the Terms, you must immediately cease your use of the Website.  To the maximum extent permitted by law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website with or without notice.  You agree that we may immediately deactivate or delete your account and all related information and files on your account on termination of your access to the Website and that we will not be liable to you or any third party for any termination of your access to the Website or deletion of your account or related information and files.


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