Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of Davidson’s®’s Privacy Policy.

License to use website

Unless otherwise stated, Davidson’s® and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

Republish material from Davidson’s® (including republication on another website);
Sell, rent or sub-license material from Davidson’s®;
Show any material from Davidson’s® in public;
Reproduce, duplicate, copy or otherwise exploit material on Davidson’s® for a commercial purpose;]
Edit or otherwise modify any material on the website;
Redistribute material from this website, except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use Davidson’s® in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use Davidson’s® to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Davidson’s®’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Davidson’s®’s express written consent.

User content

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Davidson’s® a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Davidson’s® the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Davidson’s® or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Davidson’s® reserves the right to edit or remove any material submitted to this website, or stored on Davidson’s®’s servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Davidson’s® makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Davidson’s® does not warrant that:

This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Davidson’s®’s liability in respect of any:

Death or personal injury caused by Davidson’s®’s negligence;
Fraud or fraudulent misrepresentation on the part of Davidson’s®; or
Matter which it would be illegal or unlawful for Davidson’s® to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Davidson’s® has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Davidson’s®’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing Davidson’s®’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Davidson’s®.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Davidson’s® and undertake to keep Davidson’s® indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Davidson’s® to a third party in settlement of a claim or dispute on the advice of Davidson’s®’s legal advisers incurred or suffered by Davidson’s® arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

Breaches of these terms and conditions

Without prejudice to Davidson’s®’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Davidson’s® may take such action as Davidson’s® deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Davidson’s® may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of this website from the date of the publication of the revised Terms and Conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Davidson’s® may transfer, sub-contract or otherwise deal with Davidson’s®’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Ordering

Davidson’s®’s website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from Davidson’s®, this constitutes an offer from the buyer to buy those products in accordance with these Terms and Conditions. Davidson’s®’s acceptance of the buyer’s order occurs (and the contract is formed) when the goods are dispatched to the buyer.

Order Process

The buyer may order products from Davidson’s® by completing and submitting the checkout process on our website. The buyer must provide all required information (including name, email address, and payment details) or Davidson’s® may not be able to process the buyer’s order.

Davidson’s®’s discretion in rejecting orders

No order shall be deemed accepted by us until we have sent the buyer’s order. Davidson’s® reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If Davidson’s® rejects the buyer’s order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and Davidson’s® shall have no further liability to the buyer in relation to the rejected part of that order.

Consumer Guarantees Act 1993

In the event the transaction or subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then:
If the buyer is acquiring products from Davidson’s® for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products.
In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit the purchaser’s rights under the Act.

Prices

Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD). Any currency conversion will take place online at the rate applicable at the time of purchase.

Taxes and other charges

All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.

Coupons

Coupons will not be exchanged and are not subject to returns for credit or refunds.

Overseas orders

Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to buyers order.

Where the buyer and Davidson’s® agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of Davidson’s®.

Davidson’s® may vary any prices on our website at any time and without notice to the buyer.

Availability and Cancellation

All orders are subject to the availability of products. If for any reason a product is not available, Davidson’s® will endeavour to notify the non-availability on this website. Davidson’s® may revise the range of products or the specification of any product at any time and without notice to the buyer.

Cancellation of orders

Where products are listed on Davidson’s®’s website with an incorrect price or with incorrect information, Davidson’s® reserves the right to cancel the buyer’s order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by Davidson’s®, we will refund the amount paid by the buyer in relation to that order.

Davidson’s® may cancel the buyer’s order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by Davidson’s®. Where Davidson’s® accepts cancellation we may levy a handling charge of up to 15% of the price.

Delivery

Once Davidson’s® has confirmed acceptance of the buyer’s order, we will endeavour to dispatch the buyer’s order within 3 business days unless a different time frame is specified in relation to a particular product. If Davidson’s® is unable to dispatch the buyer’s order within the time frame specified Davidson’s® will endeavour to contact the buyer and advise the buyer of the expected dispatch date.

Davidson’s® reserves the right to dispatch the buyer’s order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment is confirmed.

Any quotations of delivery times by Davidson’s® are made in good faith but are estimates and Davidson’s® shall not be bound by such quotation, and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.

The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). Davidson’s® will not be responsible for any order that is delivered in accordance with the buyer’s delivery instructions.

New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost.

Shortages, Damages or Loss in Transit

Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify Davidson’s® of any such claim within 7 days of delivery and must provide Davidson’s® with a reasonable opportunity to investigate that claim.

All orders delivered within New Zealand are insured against damage or loss during transit up to the value of NZ$1500. All orders delivered using the New Zealand Post International Air service are insured against loss or damage up to the value of NZ$250, and the buyer can optionally purchase additional insurance cover up to the value of NZ$1500. Davidson’s® will not accept any liability for loss or damage in transit that exceeds the value of the loss or damage insurance applying to that delivery.

Goods leaving Davidson’s®’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.

No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by Davidson’s®, details of any claim should be advised to Davidson’s®.

Return of Goods for Credit or Refund

Goods supplied in accordance with the buyer’s order can only be returned with the express approval of Davidson’s®.

Please refer to the Returns Policy to see what is covered.

Liability and Maintenance Guarantee

To the maximum extent permitted by law, Davidson’s® disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by Davidson’s® including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law,Davidson’s®’s liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by Davidson’s® shall be limited to the price paid by the buyer for that product.

To the maximum extent permitted by law, Davidson’s® will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyer’s access to, use of, or reliance upon, any product or any information supplied to the buyer by Davidson’s®.

In lieu of any warranty, condition, or liability by law, Davidson’s®’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to Davidson’s®, unless otherwise arranged.

At the termination of the appropriate period (ie guarantee period) all liability on Davidson’s®’s part ceases.

The warranty does not cover damage from accidental or improper use.

Davidson’s®’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that Davidson’s® has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of Davidson’s®.

Errors or Omissions

Davidson’s® is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to Davidson’s®’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. Davidson’s® will notify they buyer promptly of any error or omission discovered by Davidson’s®, and give the buyer the option of returning the goods for a full refund.

Ownership and Risk

Ownership of all goods sold by Davidson’s® (“the products”) is retained by Davidson’s® until until Davidson’s® has received the full price for the products and the applicable delivery charges. This provision is designed to protect Davidson’s® in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

Until full payment is made the buyer agrees to:

Enable the goods to be readily identifiable as the property of Davidson’s®.
Maintain the products so supplied in good order and condition and to return the products immediately if called upon to do so by Davidson’s®.
On a sale or other realisation of the products the buyer shall identify and separately account for the proceeds of sale.

Personal Property Securities Act 1999

Until full payment has been received for the buyers order, the buyer acknowledges and agrees that:

these Conditions of Use constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
a security interest is taken in all products previously supplied by Davidson’s® to the buyer (if any) and all goods that will be supplied in the future by Davidson’s® to the buyer(if any).

Davidson’s® undertakes to:

sign any further documents and provide any further information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
indemnify Davidson’s® for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby;
not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent;
give Davidson’s® not less than 14 days’ prior written notice of any proposed change in the buyer’s name or any of the buyer’s contact details.

Unless otherwise agreed to in writing by Davidson’s®, the buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.

Risk

Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products.

Description of Products

Modifications and improvements to Davidson’s®’s products, prices and data are constantly being made.

Although Davidson’s® has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, Davidson’s® does not provide any representations or warranties as to its accuracy, completeness or currency of information, and Davidson’s® shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

Davidson’s® also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on Davidson’s®.

If the goods do not match the description on Davidson’s®’s website, the buyer should inform Davidson’s® immediately so that Davidson’s® may take the appropriate action.

Force Majeure

Davidson’s® shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is is outside Davidson’s®’s reasonable control.

Compliance

The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from Davidson’s®.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Davidson’s® in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.

These Terms and Conditions (and any contracts to which these Terms and Conditions apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms and Conditions (and any contracts to which these Terms and Conditions apply).