STANDARD TERMS AND CONDITIONS OF TRADE FOR ONLINE SALES
Chiasso Coffee Company Limited www.chiasso.co.nz
("Chiasso")
Terms
1. These Terms and Conditions of Trade constitute a binding contract between Chiasso and the Customer.
2. Each Order of Goods and/or Services shall constitute acceptance by the Customer of these Terms and Conditions of Trade.
3. These Terms and Conditions of Trade may only be modified, altered or amended with agreement of the parties. Any such modification, alteration or amendment shall only be in writing and signed by both Chiasso and the Customer.
4. Chiasso reserves the right in its absolute discretion to refuse to provide Goods and/or Services to the Customer.
Pricing & Payment
5. Payment for goods and services shall be made by credit card during the check out process. Orders will not be shipped until payment is completed. All orders must be paid before dispatch, no credit is offered.
6. All pricing on Chiasso’s website is in New Zealand Dollars and includes GST.
7. We only accept payment from New Zealand Visa & Mastercard, as well as Visa Debit cards. American Express & Diner credit cards are not acceptable.
Returns, Refunds & Cancellations
8. If the Customer is not satisfied with the goods for any reason they must be returned to Chiasso no longer than 7 working days after receiving the order, so Chiasso is able to verify the fault and provide a replacement and/or refund at Chiasso’s discretion.
9. Shipping costs to return any product to Chiasso must be covered by the Customer.
10. Once an order has been completed it cannot be cancelled.
Delivery
11. Delivery costs will apply to all online orders and will be clearly displayed during the check out process. Online orders may not be collected from Chiasso directly.
12. Delivery will generally be made by courier, or by Chiasso’s appointed agent. Delivery should be made within 3 working days of the order being completed, except in the case of rural delivery which should be made within 5 working days of the order being completed.
Limitation of Liability
13. Except as otherwise provided below, Chiasso shall not be liable for any loss or damage of any kind whatsoever, arising from its supply of Goods or Services to the Customer.
14. The Customer expressly acknowledges and agrees that the limitation of liability referred to in clause 13 includes consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods or Services provided by Chiasso to the Customer.
15. Chiasso's liability to the Customer (if any) shall be limited to the value of the Product supplied.
16. In respect of any implied warranties, conditions or terms imposed on Chiasso under the Sale of Goods Act 1908, the Fair Trading Act 1986 and/or any other statutes, Chiasso's liability shall, where permitted, be excluded or if not able to be excluded reduced to the minimum extent required by the relevant statute.
17. The Customer indemnifies Chiasso against all claims and losses of any kind whatsoever, however caused or arising. Without limiting the generality of the foregoing, the Customer's indemnity operates whether a claim or loss is caused or arising as a result of the negligence of Chiasso or otherwise, brought by any person in connection with any matter, act, omission, or error.
General
18. These Terms and Conditions of Trade and/or any other contractual agreement between Chiasso and the Customer shall be governed by New Zealand law and will be in the exclusive jurisdiction of New Zealand Courts.
19. No waiver of any breach of these Terms and Conditions of Trade shall be deemed to be a waiver of any other or any subsequent breach.
20. The failure of either party to enforce any provision in the Terms and Conditions of Trade at any time shall not be interpreted as a waiver of the provision.
21. If any provision of the Terms and Conditions of Trade is unenforceable, such unenforceability shall not affect any other part of such provision or any other provision thereof.
Force Majeure
22. Chiasso will not be held responsible for the non-performance or late performance of an obligation contained in these Terms and Conditions of trade insofar as the failure is caused by a force majeure, which is to say all occurrences beyond the control of the parties including, but not limited to, market conditions, acts of god, war, acts of terrorism, riots and civil disturbances, expropriation or confiscation of facilities, or compliance with any order or request of governmental authority, strikes, labour or employment difficulties whether direct or indirect, or any other cause whatsoever which is not within reasonable control of Chiasso.
23. Chiasso will inform the customer of any situation, circumstance or force majeure condition which might affect their ability to comply with the provisions and obligations set out in these Terms and Conditions of Trade.
Definitions
24. In these Terms and Conditions of Trade the following expressions have the following meanings, unless the context otherwise requires:
“Customer” means the person or entity that orders or purchases Good or Services from Chiasso or any person acting with ostensible authority on behalf of the Customer. Where the Customer comprises two or more persons, means those persons jointly and severally. To remove doubt, reference to Customer includes the Guarantor/s.
“Goods” means any goods, products, coffee or equipment supplied and/or manufactured by Chiasso.
“Person” reference to a persona includes a natural person, partnership, body corporate and any other entity or association recognized by law.
“Order” means an agreement between Chiasso and the Customer for Chiasso to supply Good and/or Services to the Customer.
“Services” means any services performed by Chiasso for the benefit of the Customer.