E-COMMERCE TERMS OF SALE
These terms and conditions apply solely to MacDonald Industries Limited (MacDonald) e-commerce website online purchases
- "Customer" means you and all other persons who purchase the Goods under your Login, and, as the context requires, includes any person browsing MacDonald who is not registered to use MacDonald.
- "Delivery" shall occur when your item is:
- Delivered to the relevant delivery address with a collection of a signature unless MacDonald’s delivery agent have been given authority by a person at the relevant delivery address to leave signature required items at the relevant delivery address without collection of a signature.
- "Delivery Fee" means the fee you as the Customer must pay to have your order picked, packed and delivered.
- "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
- "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
- "Sign In" means a Customer's personal email address and password used to access MacDonald under that Customer's registration.
- "Address" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
- "Goods" means the Goods for sale on MacDonald.
- “Related Company” has the meaning given to it in the Companies Act 1993 and includes a holding company and a subsidiary of any Body Corporate as defined in the Companies Act 1993 and, when used in the Terms and Conditions will mean each Related Company of MacDonald Industries Ltd from time to time
- "MacDonald" means this e-commerce website owned by MacDonald Industries Limited, being the medium by which Goods are offered for sale online by MacDonald to the Customer.
1.2 Use of MacDonald e-commerce website subject to these e-commerce Terms of Sale.
Your access to, and use of MacDonald’s e-commerce website is subject to the following Terms of Sale. By using MacDonald you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through MacDonald constitute legal offers to purchase, and are capable of being accepted by MacDonald without any further reference to the Customer.
1.3 E- commerce Terms of Sale to prevail
Where these terms are inconsistent with MacDonald Terms of Sale for Trade and Retail or any other documents purporting to have contractual effect these e-commerce Terms of Sale will prevail.
1.4 MacDonald discretion to accept registration
MacDonald has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 MacDonald discretion to accept orders
MacDonald has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. MacDonald may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use MacDonald, but Customers are responsible for any costs incurred in using MacDonald, including any charges imposed by their internet service provider.
1.7 Suspension or termination
MacDonald may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Goods through MacDonald for any reason whatsoever.
1.8 Customer liable for every order
1.9 Trading hours
The MacDonald team operate Monday to Friday 0800 to 1630. General queries will be responded to within 4 hours and questions about orders will be responded to within 2 hours during our hours of operation.
1.10 Security of information
MacDonald will use its reasonable endeavours to prevent any unauthorised entry into MacDonald. However, neither MacDonald nor any Related Company will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
MacDonald will never send an email to you asking for credit card and login details. Please do not reply to these.
1.11 Site content
We have made every reasonable effort to ensure the accuracy of information provided on our website, however, errors and omissions may occur. MacDonald has made every reasonable effort to ensure that the information provided on the website is accurate and free from error, however, errors and omissions may occur. MacDonald does not warrant the accuracy, adequacy or completeness of information displayed on the website, and neither MacDonald NZ Ltd nor any Related Company will be responsible or liable for any direct or indirect, loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on the website and any other website linked to the website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
MacDonald reserves the right to make changes to the information provided on MacDonald at any time and without notice.
You agree not to download, copy, transmit or otherwise replicate any of the information displayed on this Site, for any business purpose whether by electronic or any other means whatsoever. This includes any "data mining" or "data scraping" of any product information, ratings, and comments.
Except as expressly provided herein, MacDonald grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. All trademarks used on this site belong to MacDonald or the registered owner of such marks. All intellectual property rights relating to such trademarks and all copyright and other intellectual property rights in respect of this site are the property of MacDonald or in the care of registered trademarks, the owner of their trademarks.
1.12 Use of the site
The Customer agrees not to use MacDonald for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on MacDonald for their own personal use but otherwise neither MacDonald, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without MacDonald’s prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of MacDonald, or damage the operation of MacDonald, or MacDonald’s systems or those of other persons who use MacDonald, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The user of this site assumes all responsibility and risk for the use of this site and the Internet generally. The materials are provided "as is", without any express or implied warranty of any kind including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, and freedom from errors, viruses, bugs, or other harmful components.
The Customer will pay MacDonald for the Goods ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Goods ordered increases or decreases between the time the order is submitted and the time when the Goods are delivered.
The prices of Goods are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Goods are inclusive of GST and any other sales tax.
3. GOODS AVAILABILITY
3.1 Goods availability
Every effort will be made to fulfil orders placed with MacDonald, but neither MacDonald NZ Ltd nor any Related Company will be liable to any person if MacDonald is unable to or otherwise declines to supply Goods for any reason whatsoever. MacDonald reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
3.2 Goods range
MacDonald reserves the right to limit the range of Goods available to certain areas.
Deals are subject to availability while stocks last. MacDonald does not allow back orders for deals that are out of stock.
4.1 Method of Payment
Customers must pay MacDonald for the Goods purchased by debit card and credit card and MacDonald does not accept EFTPOS, cash, cheque, voucher, direct debit or any other form of payment.
4.2 Payment by credit or debit card
MacDonald reserves the right to refuse to accept payment from any particular Customer by credit or debit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Goods ordered, MacDonald will refund, to the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced. This will be credited back to the Customer’s Credit card or Debit card. For purchases over $2,000 refunds may take up to 3 days.
4.4 Change to payment policy
MacDonald may change at any time the way in which a Customer pays for Goods, and any change will be notified to the Customer prior to the change coming into effect.
5.1 Delivery times
Our delivery options are automatically customised depending on what we have in stock and the nature of Goods ordered and your location. Upon check out you’ll be presented with these options:
HOLIDAY PERIOD DELIVERY:
During the holiday period deliveries may take longer than usual. Your MacDonald branch will be in contact to update you on delivery times over this period.
Occasionally, the item you want may not be in stock with us and will take a bit longer to ship because we need to order it from our supplier first. We generally aim to get it to you within 5 to 10 days. If for whatever reason it takes longer than that our team will be in touch with you within 1 working day of the order being placed to let you know. Oversize items may be subject to additional delays in delivery times and other delivery requirements.
5.2 Delivery areas
MacDonald does not deliver to PO Box addresses and only delivers within New Zealand mainland only. For delivery to islands, customers need to contact their closest branch.
5.4 Delivery and liability
Deliveries will be made to the Delivery Point in accordance with MacDonald’s nominated delivery agents’ terms and conditions. Delivery will be deemed to have taken place at the time of delivery to the Delivery Point.
MacDonald and its delivery agents are entitled to assume that any person accepting delivery of the Goods is authorised to do so on behalf of the Customer.
5.5 Accessibility and safety
The Customer will ensure that their Delivery Point is easily accessible, and that it is safe for MacDonald’s delivery agents to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Goods, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. MacDonald reserves the right to charge the Customer an additional Delivery Fee in respect of any deliveries repeated in accordance with this clause.
5.6 Change of address
The Customer can use the checkout page to provide an alternative delivery address. However if the Customer wishes to change the delivery address once an order has been made they must immediately contact your local branch to try to change the Delivery Point. MacDonald excludes liability for any order despatched prior to notification of a change in the Delivery Point.
5.7 Delays to delivery
Notwithstanding any other term, MacDonald and any related Company will not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of MacDonald or otherwise.
If MacDonald considers that the delivery of a Customer's order is likely to be substantially delayed, MacDonald may, but will not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unreasonable and unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
If the Customer’s delivery date has passed the Customer should contact MacDonald customer service at email@example.com
5.8 Incorrect, missing, damaged or faulty Goods
If any Goods delivered do not correspond with the Goods ordered, the Customer may:
(a) in the case of defective or damaged Goods, immediately contact MacDonald or contact your local branch quoting:
- The order number
- The faulty item's name and item code
- A description of the fault
If the Customer’s Goods are defective or damaged on delivery, MacDonald will refund the original delivery fee and the cost of returning the Goods.
(b) in the case of missing Goods, the Customer should immediately contact MacDonald or contact your local branch quoting:
- The order number
- The missing item's name and number
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
A Delivery Fee will apply for each order individually placed unless otherwise expressly stated on the MacDonald website under product category.
MacDonald may cancel any part of an order (including any orders that have initially been accepted) without any liability to the Customer for that cancellation at any time if:
(a) the Goods in that order are not available; or
(b) there is an error in the price or the Goods description posted on the site for the Goods in that order; or
(c) MacDonald reasonably believes the Customer’s order has been placed in breach of these terms and conditions.
In the event of a cancellation by MacDonald, MacDonald will endeavour to provide the Customer with reasonable notice of that cancellation, and will not charge the Customer for the cancelled order.
Risk in the Goods will pass to the Customer on delivery to the Delivery Point.
Ownership of the Goods will not pass to the Customer until all amounts owing by the Customer to MacDonald or any Related Company have been paid for in full.
The Customer will keep their Login details safe and confidential at all times.
8. RETURNS AND EXCHANGES
Only limited Goods may be returned to receive a full refund and will be subject to the following:
All Goods being returned must be unused, in perfect condition, in their original packaging (including protective packaging) and must be returned to the nearest MacDonald store by prior arrangement within 30 days of purchase at the Customers expense.
Such Goods may be subject to freight cost and restocking fees of up to 15% which will be deducted from the refund to the Customer at MacDonald’s discretion.
If you would like to return an item please get in touch through the contact us page.
Subject to Goods being damaged pre or on delivery or a claim lodged for defective Goods within 30 days any Goods out of their original packaging, used or installed can not be returned for refund or exchange.
The Customer expressly acknowledges and agrees that MacDonald and MacDonald Industries Ltd do not assume any obligation or liability for any advice given, and that all such Goods are accepted by the Customer entirely at the Customer's risk.
9. LIABILITY AND INDEMNITY
9.1. MacDonald’s Liability
9.1.1 Subject to clause 9.1.9 below to the fullest extent permitted by law MacDonald and MacDonald Industries Ltd will not be liable for:
(a) loss caused by any factor beyond MacDonald’s control; including but not limited to a force majeure event;
(b) failure to deliver to the Customer by any specified dates unless expressly agreed otherwise in this or any other agreement;
(c) damage from misuse, accident, neglect or improper operation of the Goods supplied;.
(d) the loss of or damage to Goods while in transit (whether such loss or damage results from MacDonald’s negligence or default or otherwise howsoever) unless expressly agreed otherwise;
(e) deterioration of the Goods as a result of exposure to the elements, after delivery;
(f) Goods that have been tampered with or modified by the Customer;
(g) Goods that have been stored in an improper manner by the Customer; and
(h) Goods that have not been maintained in accordance with suppliers’ instructions and or industry best practice
9.1.2. MacDonald and MacDonald Industries Ltd have no liability to any subsequent purchaser of the Goods from the Customer in that the Customer’s rights under these terms and conditions are not assignable without the prior written consent of MacDonald which consent can be withheld at MacDonald’s sole discretion.
9.1.3. Subject to clause 9.1.9 below and to the fullest extent permitted by law, MacDonald and MacDonald Industries Ltd have no liability (whether statutory, in contract or tort (including negligence)), (or howsoever) to the Customer or any of the Customer’s agents or employees for any physical, or special damage, indirect loss, loss of profits (whether direct or indirect), economic loss of any kind (including expectation loss) or any other indirect loss or costs (including legal costs on a solicitor client basis) arising out of or in connection with any Goods supplied.
9.1.4. To the fullest extent permitted by law MacDonald exclude MacDonald’s and MacDonald Industries Ltd’s liability for Business to Business transactions under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA); and in particular sections 9,12A,13 and 14 of the FTA and any other applicable consumer law.
9.1.5. Subject to clause 6 and to the fullest extent permitted by law and subject to any express warranties given by MacDonald or any other manufacturer of the Goods in writing, all conditions, warranties, descriptions, representations and statements as to fitness or suitability for purpose, workmanship, tolerance to any conditions, merchantability or otherwise, advice recommendation or information express or implied are expressly excluded.
9.1.6. Subject to clause 6 below and to the fullest extent permitted by law, and subject to any limitation on MacDonald’s liability which may be expressed within these e-commerce Terms of Sale, and MacDonald Industries Ltd’s total liability whether in tort (including negligence), contract or otherwise for any loss or damage or injury arising directly or indirectly from any defect in or non-compliance of any Goods or any other breach of MacDonald’s obligations is, limited to, at MacDonald’s option:
(a) replacing the relevant Goods; or
(b) refunding the sale price of the relevant Goods; or
(c) repairing the Goods;
9.1.7. No claim based on defective Goods will be allowed unless:
(a) The claim is notified to MacDonald within seven days of delivery to the Customer; and
(b) MacDonald is given a reasonable opportunity to investigate the claim.
9.1.8. Notwithstanding anything to the contrary in these e-commerce Terms of Sale where the Customer is a Consumer as defined by the CGA then the terms of the CGA including all guarantees and remedies pursuant to that Act will apply for the benefit of the Customer.
9.1.9 Where Goods have been purchased in trade then MacDonald Industries Ltd expressly excludes the provisions of the Consumer Guarantees Act and the Fair Trading Act to the maximum extent permitted by law.
The Customer will be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the use of the Goods.
9.3. Indemnity from the Customer
The Customer indemnifies and undertakes to keep MacDonald, its related Companies and their officers, employees and agents (the “Indemnified Party”) at all times fully and effectively indemnified against all losses (including but not limited to direct loss, indirect loss, loss of profits (whether direct or indirect), consequential loss), liabilities, penalties, damages, claims, demands, actions, costs (including legal costs on a solicitor client basis), charges and expenses which the Indemnified Party (or any of them), may incur, or which may be made against the Indemnified Party (or any one of them) as a result of or in relation to:
(a) any act, omission, neglect or default by the Customer or any subsequent purchasers of Goods supplied by MacDonald; or
(b) any breach by the Customer of any of the Customer’s obligations under these terms and conditions of sale or any warranty given by the Customer; or
(c) anything done or omitted to be done by MacDonald in the exercise of or purported exercise of rights under the terms and conditions of sale or conferred on MacDonald by law or
(d) any act or omission by the Customer which breaches or might breach any environmental law.
10. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to MacDonald and its contents is owned by, and will at all times remain the exclusive property of, MacDonald, MacDonald Industries Ltd its licensors and the providers of any other Goods accessible through MacDonald, and is protected by New Zealand and international law. Nothing in these terms and conditions will constitute any licence of intellectual property rights to the Customer.
11. FORCE MAJEURE
If the performance by MacDonald of its obligations under these terms and conditions is prevented by reason of "force majeure" (which will include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Goods or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of MacDonald) MacDonald will be excused from such performance to the extent of such prevention.
12. ONLINE COMPETITIONS/PROMOTIONS
Any promotional terms and conditions can be found associated with each promotion on the applicable website promotions page.
13. LINKS TO AND FROM OTHER WEBSITES
13.1 Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by MacDonald. MacDonald does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than MacDonald or www.macdonaldindustries.co.nz.
The Customer agrees that it will not create a hyperlink to MacDonald without MacDonald Industries Ltd’s express written permission. If a Customer does create a hyperlink to MacDonald, that Customer is responsible for all losses MacDonald, MacDonald Industries Ltd or any Related Company may suffer as a result of that link, whether direct or indirect. Linking to MacDonald is at the Customer's own risk. The Customer agrees that will not frame any part of MacDonald by including advertising or other revenue generating material.
14. VARIATION OF TERMS AND CONDITIONS
From time to time MacDonald may vary these e-commerce Terms of Sale without notice. Please check these terms and conditions periodically for changes. The Customer’s continued use of MacDonald’s e-commerce website after the terms and conditions have been changed indicates acceptance of those changes.
15. GOVERNING LAW
New Zealand law governs the use of MacDonald and these terms and conditions and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.