Pink Stuff Limited Terms of Trade
1. Contract
In these terms “Seller” means Pink Stuff Limited and “Buyer” means the customer. These terms constitute the entire contract between the Buyer and Seller for the supply of goods. No other terms apply, and all goods supplied by the Seller to the Buyer shall be subject to these terms, which cannot be changed unless agreed by the Seller in writing. The Buyer acknowledges and agrees that it has entered into this contract solely in reliance on its own judgment and not as a consequence of or in reliance on any representations made by or on behalf of the Seller. 
2. Orders
2.1 The Buyer may place an order by [filling in the Order Form on the Pink Stuff website (www.pinkstuff.co.nz)] and then clicking on the [Buy] button. By clicking on the [Buy] button the Buyer acknowledges and agrees that the Buyer has read, understood, agrees to and is bound by these terms. [NB: Include this sentence on the Order Form too] The Seller may agree to accept orders in other ways, in which case these terms will also apply, except to the extent that they have been expressly varied in writing by the Seller. 
2.2 The inclusion of items or other information about items on the Pink Stuff website constitutes an invitation to treat. Each order or request by the Buyer to purchase goods from the Seller constitutes an offer by the Buyer to acquire the goods on these terms. The Seller may or may not accept that offer at the Seller’s sole discretion. If the Seller cannot or does not accept an order it will endeavour to advise the Buyer by email or by phone (provided a contact email address or phone number has been provided by the Buyer). 
2.3 A contract is made only on acceptance of the order by the Seller, which may be for the supply of all or part of the goods ordered by the Buyer.

3. Price

3.1 The price payable by the Buyer for any item is the price indicated on the Pink Stuff website at the time an order is placed for that item.
3.2 The price is in New Zealand dollars and includes Goods and Services Tax (GST).
3.3 The prices indicated on the Pink Stuff website may be increased or decreased at any time by the Seller in its absolute discretion.
3.4 The Seller offers free shipping for orders over $75. Shipping charges will be added to all other orders.
3.5 The Buyer is bound to pay the relevant price from the time at which an order is accepted by the Seller.
3.6 The Seller has no obligation to enquire as to the identity or authority of any person placing an order as or on behalf of the Buyer. 
3.7 No order may be cancelled without the Seller’s prior approval, which may be granted or refused in the Seller’s absolute discretion and upon such terms as the Seller may specify. 
4. Payment
4.1 The Buyer must pay the correct price in New Zealand dollars.
4.2 The Buyer may pay by a method of payment indicated on the Pink Stuff website from time to time. If the Buyer wishes to pay by any other means that will need to be the subject of separate express agreement with the Seller on such terms as the Seller may specify. [The Seller cannot accept credit cards issued by banks outside of New Zealand] 
4.3 The Buyer may not deduct or withhold any amount whether by way of set-off, counter-claim or otherwise from any money owing to the Seller, or by reason of any matter that may be in dispute between the Buyer and the Seller.
4.4 In the event of any default in payment, including but not limited to any reversal or stopping of payment, and without prejudice to any other remedies the Seller may have:
(a) Buyer shall remain liable to make payment in full;
(b) on demand the Buyer will pay default interest for the period of any non-payment at a rate equal to 3% above the base rate charged by the Seller’s bankers on overdraft facilities, such rate being calculated on the 20th of each month;
(c) the Seller may cancel any outstanding order with the Buyer or stipulate any additional terms;
(d) all amounts owing by the Buyer to the Seller, whether due for payment or not, will immediately become due and payable;
(e) all costs incurred in the recovery of any overdue amount (including legal costs as between solicitor and client) will be reimbursed by the Buyer and be recoverable in full by the Seller from the Buyer.
The Seller will endeavour to supply items ordered without undue delay, however orders by other customers or circumstances beyond the Seller’s control may result in an inability of the Seller to supply or a delay in the supply of particular items, and the Seller does not warrant or represent that items will be available to satisfy an order. The Seller will endeavour to notify the Buyer if any items ordered are unavailable or if there is likely to be a material delay in supply. The Seller reserves the right to discontinue items without notice.
6. Delivery
6.1 The Seller will arrange delivery to the place that was specified by the Buyer at the time the Buyer placed the order. If no-one is available to take delivery the Seller’s carrier may leave the delivery at that place, which will constitute delivery to the Buyer, may or leave a card requesting the Buyer to telephone to arrange a time for delivery. Except by express prior agreement in writing on such terms as the Seller may specify the Seller will not deliver to any address outside New Zealand.
6.2 The Seller may deliver the goods by instalments.
6.3 Any time stated for delivery is a non-binding estimate only. The Seller is not liable for any delay in delivery.
6.4 Any claim for short delivery of goods or for delivery of defective goods or goods damaged in transit must be made in writing within 7 days of delivery. 
7. Risk and ownership
Risk of any loss, damage or deterioration of or to the goods, and ownership of the goods, passes to the Buyer on delivery.
8. Liability
8.1 Where the Consumer Guarantees Act 1993 applies to these terms:
(a) if goods are acquired by the Buyer for business purposes, the Buyer agrees that the Consumer Guarantees Act 1993 does not apply; and
(b) if goods are not acquired by the Buyer for business purposes, the Seller reserves the right to replace any goods which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993.
8.2 The Buyer acknowledges that the Seller does not provide any Express Guarantee (as defined in the Consumer Guarantees Act 1993), other than those expressly confirmed by the Seller in writing.
8.3 The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to these terms or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) no goods shall be returned unless the Seller has agreed in advance;
(b) defective goods, or goods which do not comply with the terms of the contract shall, at the Seller’s discretion, be replaced or the price paid refunded;
(c) any right which the Buyer may have to reject non-conforming or defective goods shall only be effective if the Buyer notifies the Seller in writing within 30 days following delivery of the goods to the Buyer and the Seller is given the opportunity to inspect the goods;
(d) Seller may, at its discretion, delay the replacement of, or the refund of the price of, any goods for as long as the Buyer is in default in relation to the amount owing under this contract or another contract between the Buyer and the Seller;
(e) if the goods or any component thereof are not manufactured by the Seller, the Seller gives no warranties and makes no representations in relation to such goods or components, and does not adopt, and is not liable in respect of, any descriptions, specifications or representations of any kind made by the manufacturer or any other party in respect of such goods or components;
(f) the Seller is not liable for any claim by the Buyer or any other person, including without limitation, any claim relating to or arising from any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, custom or otherwise;
(g) in no circumstances will the Seller be liable for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by the Buyer or any other person;
(h) in any event, the Seller’s liability under any claim shall not exceed the price of the goods;
8.4 Nothing in these terms is intended to have the effect of contracting out of the Consumer Guarantees Act 1993, except to the extent permitted by law, and these terms are to be modified to the extent necessary to give effect to that intention.
9. Dimensions and specifications
Dimensions or specifications contained or referred to on the Pink Stuff website or in any catalogue, advertisement or other publications maintained, issued or referred to by the Seller are estimates only. Actual dimensions and specifications may vary. It is not a condition of these terms of trade that the goods will correspond precisely with such dimensions or specifications, and reasonable tolerances will be allowed.
10. Colour
The colours of items shown on the Pink Stuff website or in any catalogue, advertisement or other publications maintained, issued or referred to by the Seller are reproduced likenesses only and may not be accurately reproduced when viewed. Actual colours may vary. It is not a condition of these terms of trade that items will correspond precisely with any particular colour or shade of colour, and reasonable tolerances will be allowed.
11. Use of information
The Buyer agrees that the Seller may retain information provided by the Buyer and may obtain information about the Buyer from the Buyer or any other person, and that the Seller may use any information it has about the Buyer in the course of the Seller’s business, including but not limited to using email contact details to communicate offers or other information electronically to the Buyer. If the Buyer is a natural person the Buyer has the right under the Privacy Act 1993 to access and request the correction of any personal information which the Seller has about the Buyer.
12. Mediation
Without limiting any rights of the Buyer under the Consumer Guarantees Act 1993, either party may require any dispute arising which has not been resolved within 14 days to be referred to mediation. The mediator shall be appointed by both parties or, where the parties cannot agree within 14 days, by the Chairperson for the time being of the New Zealand chapter of Lawyers Engaged in Alternative Dispute Resolution (“LEADR”). The mediator shall conduct the mediation in accordance with the guidelines agreed between the parties, or, if the parties cannot agree within 14 days following the appointment of the mediator, in accordance with the guidelines set by the mediator. The costs and expenses of the mediator shall be shared by the parties equally.
13. Waiver
Any waiver of any term of this contract must be in writing and signed on behalf of the Seller. A failure to enforce or delay in enforcing any term, right or remedy by the Seller shall not constitute a waiver, or prejudice the Seller’s right to do so.
14. No assignment
The Buyer must not transfer or assign any rights under this contract to anyone else without the Seller’s prior consent in writing.
15. Severability
Where any provision of these terms of sale is unenforceable or ineffective by operation of law, it will not affect the enforceability or effectiveness of any other provision.
The Seller reserves the right to amend or replace these terms from time to time by publishing the applicable terms on the Pink Stuff website (www.pinkstuff.co.nz).
17. Law and jurisdiction

The contract shall in all respects be deemed to be a contract made in New Zealand and the construction, validity and performance of the contract shall be governed by New Zealand law. The exclusive jurisdiction of the New Zealand courts to entertain all claims and actions arising out of the contract is accepted and acknowledged by the Buyer, provided however that the Seller shall be entitled to commence any action arising out of or in respect of the contract in any other court. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded from these conditions.