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Terms and Conditions:

Kiwi Whip is the owner and publisher of the content contained in the website www.kiwiwhip.co.nz (referred to as “us”, “we”, “our”). Your use of this website, and/or purchase of any goods from its authorized stockists/retailers constitutes your agreement to the following Sale Terms (Terms and conditions), Warranty – Exchange/Returns Policy and Privacy Policy.

  1. GENERAL
    1. This agreement applies to all purchases of Kiwi Whip products by you from the kiwiwhip.co.nz website and replaces all previous agreements between you and us.
    2. We may change the terms of this agreement from time to time using the process set out in clause 16.
    3. This agreement is important. You are responsible for reading through all the agreements prior to purchasing your products.
  2. PURCHASING TERMS
    When purchasing products on www.kiwiwhip.co.nz you acknowledge that:
    1. The information you supplied is correct at the time of purchase.
    2. Notwithstanding the above, we may refuse to accept your order at our sole discretion;
    3. We may disclose your information to your bank or credit card company for the purposes of any debt recovery proceedings we may issue against you;
    4. We may restrict your ability to purchase products via the website by imposing a credit limit on your account.
  3. PRICE
    Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted.
    We reserve the right to vary prices without notice.
    1. TRANSIT COST
      The transit cost is not included in the product prices. Any courier or handling charges in relation to your order will be added to your order with notification at the time of purchase.
    2. MISTAKES IN PRICE ARISING FROM COMPUTER ERROR
        1. If there is a misstatement of the price of your order due to computer error, we may require you to pay the difference between the amount you paid and the correct amount payable.
        2. When we become aware of any misstatement prior to delivery of your parcel, we will make reasonable attempts to contact you and advise you. You may choose to cancel your order due to the misstatement.
  4. PRODUCT AVAILABILITY
    1. All products on the website are sold subject to availability. You should expect promotional items to be limited to quantity. We shall not be responsible for our inability to supply products to where they are not presently available.
    2. If we are unable to supply products in the quantities specified in your purchase order, you may choose to cancel or vary your order by agreement with us.
    3. Please note that product availability and pricing of products may differ between online and in-store.
  5. DELIVERY & TRANSIT
    1. Cost of shipping for NZ Delivery:
      1. Rural North Island & South Island: $8
      2. Non-Rural North Island & South Island: $5
    2. Orders placed before 3PM (NZDT) will be dispatched to CourierPost on the same day while orders placed after 3PM will be processed and dispatched to CourierPost on the next business day.
      *Note: Subject to stock availability.
    3. Orders placed on Friday will be processed and dispatched on Monday.
    4. Orders placed during the weekends (Saturday and Sunday) will be dispatched to CourierPost on Tuesday.
    5. Orders placed on a public holiday will be dispatched to CourierPost on the next business day.
    6. Please note that Overnight shipping is targeted and not guaranteed. Please allow 1-3 days for normal delivery and 1-4 days for rural delivery.
    7. When orders are delivered, a signature is required.
    8. Kiwi Whip will not take responsibility for any lost or stolen packages for any non-signature orders.
    9. Kiwi Whip is not responsible for any failure to deliver or delay in delivery caused by an event outside of our reasonable control.
    10. If we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you with a later agreed delivery date.
    11. In the event we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order.
    12. Advice on order shortages or damage in transit must be given to our customer service team no later than three days after order confirmation.
    13. Delivery is noted as complete when the products have reached the specified address. Kiwi Whip will be responsible for arranging the delivery of products unless you arrange otherwise with us.
    14. Kiwi Whip is not responsible for any lost, damaged or stolen parcels if you have set up “Parcel Leave authority” for your parcel with CourierPost. It is the purchaser’s responsibility to ensure that the parcel is delivered successfully.
  6. PAYMENT
    1. All payments must be made by you in full either by cash or credit card (as applicable).
    2. If you pay by credit card you agree to remunerate us against any default by your credit card company to make payment to us in full.
    3. If we agree that you may pay in credit, you are required to pay us in full no later than the 19 days following the due date, if there is any unsatisfactory feature that is developed when trading, we reserve the right to cancel the credit period and require you to pay immediately.
      1. We will charge you interest at the rate of 1.5%/monthly if your account is unpaid after the due date. Interest may accrue on a daily basis and will continue to be payable even if we obtain a court judgement.
      2. We reserve the right to recover any products which you have not paid for by the due date. You agree that we shall not be responsible for any loss or damage arising as a result of recovery and resale of the products save where such loss or damage arises from our negligence including that of our employees and contractors.
    4. To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or TNS account is fraudulently used or is used in an unauthorised manner.
    5. If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
  7. WARRANTIES
    1. We represent and warrant to you that:
      1. We have the right to sell the products to you;
      2. The products are not be subject to any undisclosed security or charge;
      3. You have the right to undisturbed possession of the products.
    2. We represent and warrant to you that the products:
      1. Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels;
      2. Are reasonably fit for the purpose that we represent;
      3. Supplied by description correspond with their description
  8. CANCELLATION, RETURN AND REPLACEMENT
    1. After we have accepted your order for the products, you may not cancel the order without our consent;
    2. We will not consent to cancellation if we have processed documentation in fulfilment of your order;
    3. Returns for credit will be given at our discretion. The cost of return is your responsibility;
    4. In the event that we consent to cancellation, we may require you to pay handling charge + GST.
  9. PERSONAL INFORMATION
    1. The privacy of your personal information is important to us. Please refer to our Privacy Policy for more information.
    2. We or our third parties 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 our Customer Team. Personal information may include your name, address, contact details including phone number and email address. We will also record your credit information, and any other related personal details that you supply.
    3. We and our related bodies corporate and our third parties including but not limited to our employees, carriers, contractors, and agents 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 we and any of our third parties may use your email address to send you messages regarding concerns about your account, any about offers and changes at www.kiwiwhip.co.nz. If you would prefer not to receive promotional or other material from us or our third parties, please let our team know at [email protected]. You also agree that we may contact you by the phone number you provide to any information regarding your orders.
    4. You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
  10. CONSENT TO ELECTRONIC COMMUNICATIONS
    You agree by registering on this website that you may regularly receive electronic communications and promotional communications from us. You have the right to ask us at any time to subscribe.
  11. Medicines Act 1982
    Under the Medicines Act 1982, it is illegal for you to buy cream chargers for inhalation. These products may only be purchased and used for lawful purposes, such as for use in the food, beverage, and catering industries.
    By completing a purchase of this product with KiwiWhip, you confirm that you comply with this restriction, and agree that your personal information may be shared with the Ministry of Health, by us, if we are requested to do so.
  12. INTELLECTUAL PROPERTY RIGHTS
    1. We own, control or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services or saving website content, for your own personal use. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.
    2. Our intellectual property rights will be governed by New Zealand law.
  13. GENERAL TERMS
    1. WAIVER
      Our failure 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 us.
    2. SEVERABILITY
      If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.
    3. PRIVITY
      Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
  14. JURISDICTION
    This agreement is governed by New Zealand law and any legal action against us (Kiwi Whip) must be taken in Court in New Zealand. The website is provided for use by New Zealand residents. If you are accessing this website outside of New Zealand then you should be responsible for complying with the laws in the place where you use the website when purchasing products online.
  15. ASSIGNMENT OF CONSENT
    1. You may not assign any rights under this agreement except with our prior written consent.
    2. We may assign our rights under this agreement without seeking your prior consent.
  16. NOTICES
    1. We will send all invoices and notices required under this agreement to your preferred/specified details. It is your full responsibility to ensure that you keep us informed of any changes to your details.
    2. You will be deemed to have received a notice:
      1. Sent by email or fax,
      2. Sent by post, four days after we send it.
  17. AMENDMENTS
    1. We may change the terms of this agreement by sending you notice (“amendment notice”) to that effect by your preferred contact method and supplying you with the amended agreement.
    2. The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice. 
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