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Terms of Trade - Retail

International Foods Limited - Terms & Conditions of Trade

Thank you for choosing International Foods Ltd. Please read these terms and conditions prior to using this website. If at any time you want clarification of any of these terms please do not hesitate to call us on 07 855 2007.
  1. Definitions
    1. “IFL” means International Foods Limited, its successors and assigns or any person acting on behalf of and with the authority of International Foods Limited.
    2. “Customer” means the person/s buying the Goods as specified in any invoice or order.
    3.  “Goods” means all Goods or Services supplied by IFL to the Customer at the Customer’s request (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
    4. “Price” means the Price payable for the Goods as agreed between IFL and the Customer in accordance with clause 4 below. 
  2. Acceptance
    1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order  on the website.
    2. These terms and conditions may only be amended with IFL’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and IFL. 
  3. Change in Control
    1. The Customer shall give IFL not less than 24 hours prior written notice of any proposed change of Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice) if it affects the delivery of a purchase. The Customer shall be liable for any loss incurred by IFL as a result of the Customer’s failure to comply with this clause. 
  4. Price and Payment
    1. At IFL’s sole discretion the Price will be either:
      1. as indicated on the website on the day the customer has placed, and paid for an order.  Unpaid orders will not be processed until funds have cleared.  Unpaid orders will only be held for 48 hours and after this time cancelled
    2. IFL reserves the right to change the Price but orders placed before the change will be honoured at the price at the time of payment.
    3. Time for payment for the Goods being of the essence, the Price will be payable by the Customer at the time of ordering.
    4. Payments are handled by DPS at checkout
    5. Unless otherwise stated the Retail Price does include GST at the current rate of 15%. 
  5. Delivery of Goods - Freight
    1. Delivery (“Delivery”) of the Goods is taken to occur at the time that IFL (or IFL’s nominated carrier) delivers the Goods to the Customer’s nominated physical address even if the Customer is not present at the address (unless specified at the time of purchasing.  We do not deliver to PO Boxes
    2. At IFL’s sole discretion the cost of delivery is in addition to the Price and will be given at checkout.  Prices will range from $4 to $15 nationwide.  Orders made during the week will be dispatched within 24 hours except on Public holidays and weekends.  Orders placed after 1pm will be processed the next day.  Orders placed after 1pm on Friday will be dispatched on Monday if it is not a public holiday.  Please note at Christmas Time our offices will be closed from the 24th December until the first Monday after the New Year (if it is not a public holiday).
    3. Any time or date given by IFL to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and IFL will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.  At time we may not be aware of a delay so please contact us if you have not received your goods within 4 working days.
    4. Delivery of the Goods to a third party nominated by the Customer shall be deemed to be delivery to the Customer for the purposes of this agreement. 
  6. Risk
    1. Risk of damage to or loss of the Goods passes to the Customer on Delivery.
    2. If any of the Goods are damaged or destroyed following delivery IFL is not liable. 
  7. Title
    1. IFL and the Customer agree that ownership of the Goods shall not pass until:
      1. the Customer has paid IFL all amounts owing to IFL; and
      2. the Customer has met all of its other obligations to IFL if any.
    2. Receipt by IFL shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised through DPS. 
  8. Customer’s Disclaimer
    1. The Customer hereby disclaims any right to rescind, or cancel any contract with IFL or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by IFL and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment. 
  9. Defects
    1. The Customer shall inspect the Goods on delivery and shall within 48 hours of delivery (time being of the essence) notify IFL of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.  The Customer shall return the items and afford IFL an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way.  If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which IFL has agreed in writing that the Customer is entitled to reject, IFL’s liability is limited to either (at IFL’s discretion) replacing the Goods at no extra charge  or reimburse the customer for  the Goods. 
  10. Returns
    1. Returns will only be accepted provided that:
      1. the Customer has complied with the provisions of clause 9.1; and
      2. IFL has agreed in writing to accept the return of the Goods; and
      3. the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; and
      4. IFL will not be liable for Goods which have not been stored or used in a proper manner; and
      5. the Goods are returned in the condition in which they were delivered and with all packaging material and paperwork in as new condition as is reasonably possible in the circumstances. 
  11. Warranty and compliance
    1. For Goods not manufactured by IFL, the warranty shall be the current warranty provided by the manufacturer of the Goods. IFL shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
    2. The customer shall be soley 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 they purchase from IFL. 
  12. Consumer Guarantees Act 1993
    1. If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by IFL to the Customer. 
  13. Intellectual Property
    1. Where IFL has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of IFL.
    2. The Customer warrants that all designs, specifications or instructions given to IFL will not cause IFL to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify IFL against any action taken by a third party against IFL in respect of any such infringement.
    3. The Customer agrees that IFL may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which IFL has created for the Customer. 
  14. Default and Consequences of Default
    1. Without prejudice to any other remedies IFL may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions IFL may suspend or terminate the supply of Goods to the Customer. IFL will not be liable to the Customer for any loss or damage the Customer suffers because IFL has exercised its rights under this clause. 
  15. Cancellation
    1. IFL may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice IFL shall repay to the Customer any money paid by the Customer for the Goods. IFL shall not be liable for any loss or damage whatsoever arising from such cancellation.
    2. In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by IFL as a direct result of the cancellation (including, but not limited to, any loss of profits). 
  16. Privacy Act 1993
    1. The Customer authorises IFL or IFL’s agent to:
      1. access, collect, retain and use any information about the Customer;
        1. for the purpose of marketing products and services to the Customer.
        2. Sell and provide the products on our website
        3. Be in contact with the customer about their order or enquiry.
    2. The Customer shall have the right to request IFL for a copy of the information about the Customer retained by IFL and the right to request IFL to correct any incorrect information sel the Customer held by IFL. 
  17. General
    1. The failure by IFL to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect IFL’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand. 
    3. IFL shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense suffered by the Customer arising out of a breach by IFL of these terms and conditions (alternatively IFL’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
    4. IFL may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
    5. The Customer agrees that IFL may amend these terms and conditions at any time. If IFL makes a change to these terms and conditions, then that change will take effect from the date on which IFL notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for IFL to provide Goods to the Customer.
    6. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    7. The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.