As a valued customer of Cleverseal, we would like you to be familiar with our trading terms to ensure that your Cleverseal experience is a satisfying one. Please feel free to speak with one of our sales consultants if you have any further questions.
1. About Cleverseal
(2) Cleverseal Limited Corporation Number 5462381/NZ Business Number 9429041415092 (trading as "Cleverseal"), of 128 Tunnel Road, RD1, Silverdale, 0994, New Zealand carries on business from the website.
(3) The goods and services described in this website are available from Cleverseal New Zealand only.
(4) You and Cleverseal may enter into a sale contract for the sale and supply of products and services described in this website, by you making an offer to Cleverseal via the website, to purchase the goods and services at the specified price, subject to these Terms.
(5) The Cleverseal logo and words are registered trademarks of Karmen International Solutions Systems Pty Limited and used under a limited license by Cleverseal Limited.
(6) In these terms:
(a) reference to a third party in these terms includes a reference to any agent or contractor of Cleverseal or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them;
(b) a reference to the "website" means www.cleverseal.com;
(c) "Order" means an offer made by you in response to an invitation to treat made by Cleverseal via the website.
2. User Agreement
(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3. Legal Capacity
(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
(a) are over the age of eighteen (18) years;
(b) accept these terms;
(c) agree that you have entered into a legal contract with Cleverseal in relation to these terms; and
(d) these terms, together with your order, constitute the entire agreement between you and Cleverseal for the supply of products.
(3) Cleverseal reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Cleverseal may suffer as a result of a transaction entered into by a minor.
(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(2) Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled order.
(3) Your online Order must be paid for in full before we can begin arrangements for the manufacture or supply of the products to you.
(4) Representations of products for sale made by Cleverseal via the website do not constitute an offer to sell but an invitation to treat.
(5) You and Cleverseal may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(a) placing an electronic Order for the products using the website;
(b) you confirming the Order details in accordance with the procedure on the website;
(c) you making payment in full (plus any applicable delivery charges) on the website; and
(d) the acceptance of that offer by Cleverseal.
(6) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
(a) any requirements set out in these terms have been met;
(b) the electronic instruction containing the offer from you enters and is recorded in our database;
(c) a record is created and stored in our database; and
(d) Cleverseal receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(5) You acknowledge that:
(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Cleverseal for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(b) to the extent permitted by law, Cleverseal is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(c) Cleverseal may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(d) Cleverseal may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(6) You will receive an email from Cleverseal as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us at firstname.lastname@example.org.
(7) If your Order is not accepted by Cleverseal, Cleverseal will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(8) Cleverseal may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(9) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Cleverseal cannot supply a particular product, Cleverseal will notify you by telephone or email as soon as possible.
(10) Cleverseal will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfillment of your Order.
(1) Prices shown are in New Zealand dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Cleverseal.
(3) Images of products shown without any advertised price beside that image are not offered for sale via the website. Please contact the showroom for purchase of these products.
(4) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(5) We reserve the right to correct any errors published on the website.
(1) All payments must be made in full prior to delivery.
(2) Payments must be made via PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of this provider.
7. Supply and Delivery
(1) Subject to you complying with these Terms and acceptance of your Order by Cleverseal, Cleverseal will sell and supply the products to you as shown on your Order confirmation.
(2) Products may not be available for immediate delivery. Cleverseal will endeavor to deliver your Order within the lead time indicated at the time your order was placed. You agree that your Order for any item not in stock may take up to twelve (12) to fourteen (14) weeks to be delivered to you from the date you place your order. This timeframe is the average manufacturing lead time required by suppliers. Cleverseal will contact you on receipt of your Order to notify you of the indicative delivery date.
(3) Other than in respect of deliveries to regional or remote areas, if Cleverseal gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Cleverseal will arrange for a full refund of any payment made by you to be processed.
(4) Delivery times may be greater than 10 business days for regional or remote areas.
(5) Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers.
(6) If you are not home when the parcel addressed to you is delivered, it will be left in a safe place at your house (e.g. near your front door). Please note that a signature is not required on delivery.
(7) You are required to ensure the shipping address is a secure location.
(8) Should you arrange your own delivery then the goods become your responsibility upon collection from Cleverseal’s premises.
8. Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) The delivery address must be an address within New Zealand and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3) On acceptance of your Order by Cleverseal, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order for items that are in stock.
(4) You will be required to be available in person to accept delivery of your Order.
(5) If you wish to change the delivery date or delivery address you must contact us at email@example.com at least 24 hours prior to the dispatch of your Order.
(6) Cleverseal will use its best endeavors to deliver your Order within any stated timeframes for dispatch, however Cleverseal does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(7) Cleverseal reserves the right to make part deliveries of any Order and each part delivery will constitute a separate contract in respect of the products delivered. Failure to deliver all the products you have ordered will not invalidate the contract as regards any part deliveries.
(8) Cleverseal cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
(9) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.
9. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
10. PayPal and credit card fraud
(1) The website employs the latest in PayPal secure payment gateway to secure our payment systems.
(2) To the extent permitted by law, each of Cleverseal, Cleverseal and their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
11. Disclaimer and Indemnity
(1) To the extent permitted by law, Cleverseal exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Cleverseal will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, Cleverseal and their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Consumer Guarantees Act 1993.
12. Order Enquiries
If you have any query about the progress of your Order please contact us at firstname.lastname@example.org. Please have your Order number handy as shown on the email confirmation.
13. Damaged or Faulty Products and Refund Policy
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
(a) rights under the Refund Policy;
(b) legal rights and remedies in New Zealand under the Consumer Guarantees Act 1993; and/or
(c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please choose carefully as Cleverseal will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
(3) If your Order arrives damaged, please submit a claim by emailing us at email@example.com.
(4) Cleverseal will not be responsible for ensuring that the products are suitable for a particular purpose unless it is self evident or is made known to Cleverseal.
14. Privacy and Personal Information
(2) The privacy of your personal information is important to Cleverseal.
(3) Cleverseal may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us at firstname.lastname@example.org. Personal information may include your name, residential and/or postal address, telephone number and email address.
(4) Your personal information is not collected if you only browse this website.
(6) Cleverseal, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Cleverseal may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Cleverseal thinks may be of interest to you. If you would prefer not to receive promotional or other material from Cleverseal, please let us know and Cleverseal will respect your request. You also agree that Cleverseal may contact you by telephone to arrange delivery or collection of your Order.
(7) You may request Cleverseal to remove your personal information from its database by emailing us at email@example.com.
15. Force Majeure
Cleverseal will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
16. Governing Law
(1) These terms will be governed by and interpreted in accordance with the laws of New Zealand and you irrevocably submit to the non exclusive jurisdiction of the Courts of New Zealand. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than New Zealand, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Cleverseal makes no representations that the content of the website complies with the laws of any country outside New Zealand.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Cleverseal.
18. Transfer and Assignment
If Cleverseal merges, sells or otherwise change control of its business or this website to a third-party, Cleverseal reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Cleverseal has collected from you and any agreements it has made with you.
The failure by Cleverseal to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Cleverseal.