1 Application of Terms
1.1 These terms and conditions (‘Terms’) apply to the sale of Goods by Hato Hone St John (‘us’, ‘we’) to the person specified in an Order (‘you’, ‘your’) and who submits (or on whose behalf an Order is submitted) an order for Goods through this website (‘Order’).
1.2 These Terms apply to the exclusion of any inconsistent terms proposed by you or which you purport to apply to the sale of Goods.
1.3 We may amend these Terms from time to time by posting amended terms to our website, and the amended Terms will apply to the sale of Goods requested by you following the posting of such notice.
1.4 When you submit an Order for Goods, the Order:
a is an offer by you to purchase those Goods pursuant to the Terms;
b will not be deemed to have been accepted unless and until we expressly acknowledge that your offer has been accepted (which if you operate a credit account, will be subject to any credit checks or verification required by us in our absolute discretion); and
c once it has deemed to have been accepted by us in accordance with clause 1.4b, will form an individual and legally binding contract between us and you subject only to the Terms.
1.5 Any order for a public training course through our website will be subject to the first aid training terms and conditions which are available here.
2 Definitions
In these Terms, unless the context otherwise requires:
‘Consumer Guarantees Act’ means the Consumer Guarantees Act 1993, as that act may be amended or replaced from time to time.
‘Delivery’ means delivery of the Goods in the manner contemplated by clause 5.1.
‘Fair Trading Act’ means the Fair Trading Act 1986, as that act may be amended or replaced from time to time.
‘Goods’ means all goods supplied by us to you from time to time.
‘Goods Warranties’ means the warranties given in respect of Goods as set out in clause 7.2.
‘GST’ means goods and services tax as that term is defined in the Goods and Services Tax Act 1985.
‘Hato Hone St John’ means The Priory in New Zealand of the Most Venerable Order of the Hospital of St John of Jerusalem.
‘Warranty Period’ means the period referred to in clause 7.2.
‘Working Day’ means a day, other than a Saturday or a Sunday, on which trading banks are generally open for over-the-counter business in Auckland.
3 Price
3.1 The price for Goods will be the price for Goods displayed on our website and applicable at the time of your Order.
3.2 Unless otherwise stated any price for the supply of Goods:
a will be exclusive of freight, insurance and delivery charges (which will be calculated when you submit an Order); and
b will be inclusive of GST, and any other taxes, levies or duties.
3.3 All prices are in New Zealand Dollars.
4 Payment
4.1 Unless we have pre-approved the operation of a credit account, you must pay for the Goods either by debit or credit card prior to, and as a condition of, Delivery of the Goods.
4.2 If you wish to operate, or do operate, a credit account:
a we may at any time (in our absolute discretion) undertake credit checks or identification verification to ascertain your creditworthiness;
b you agree to provide us any information we request of you to undertake any assessments contemplated by clause 4.2a and you acknowledge that if you do not provided the information required we may:
i refuse to open a credit account for you; or
ii cancel your credit account;
c we will invoice you for the Goods; and
d you must pay the amount specified in that invoice by:
i the date for payment as specified in the invoice; or
ii if no payment date is specified, the 20th of the month following the date of the invoice.
4.3 If full payment for the Goods is not made on the due date then, without prejudice to any other remedies available to us:
a we may cancel or withhold supply of further Goods to you
b we may cancel your credit account; and
c we may charge you late payment interest on the amount of that invoice which is outstanding at a rate of 5% per annum, compounding monthly on the amount outstanding for a period which starts on the date on which the amount falls due for payment and ends on the date on which you have paid us all outstanding amounts in full.
4.4 All payments to be made by you under any Order must be made in full, on the due date, in cleared funds and free of any deduction, withholding, or set-offs.
5 Delivery
5.1 Delivery of Goods will be completed upon delivery of Goods to the address specified in your Order (which must be a physical address in New Zealand).
5.2 If your Order comprises more than one item we may dispatch Goods in instalments and may not Deliver all Goods to you at the same time.
5.3 We will make every reasonable effort to meet estimated dates for Delivery, but we will not be liable to you for any loss arising from our failure to do so.
6 Risk and title
6.1 The risk of loss, damage, or destruction of the Goods will pass to you on Delivery, and we will not be liable for any loss or damage to the Goods arising following Delivery.
6.2 Title to the Goods will remain with us until the later of:
a Delivery; and
b when we receive payment in full of the price for such Goods,
and you acknowledge that part-payment of any amount for the Goods does not convey any part, right, title, and/or interest in the Goods.
7 Goods Warranty
7.1 The warranties in this clause 7 apply to all Goods.
7.2 Subject to clause 7.5 and without prejudice to our obligations to you under the Consumer Guarantees Act (if any), we warrant that for a period of 12 months following the date of Delivery of Goods in accordance with these Terms, the Goods will:
a conform with the specifications as described on our website from time to time;
b be fit for the purposes for which they are designed; and
c be free from defects in design, operation, workmanship and materials.
7.3 We assign to you (by way of present assignment of future rights), with effect from Delivery, the benefit of any warranties in respect of Goods given by the manufacturer of those Goods (being the ‘Manufacturer Warranties’), to the extent that the Manufacturer Warranties are capable of assignment to you without the need for us to obtain any other person’s consent on such terms as granted by the manufacturer (including any conditions).
7.4 Without limiting our obligations to you under clause 8.1 (if applicable), during the Warranty Period, we (or our agents) will, at our option, replace or repair Goods that do not meet the Goods Warranties, provided you notify us of the failure to meet the Good Warranties within 7 days of you discovering the defect in the applicable Goods.
7.5 The Goods Warranties will not apply where the defect or failure in the Goods is caused or contributed to by:
a use or operation of the Goods other than in accordance with the applicable specifications and written instructions;
b abuse, negligence, accident, loss;
c unauthorised maintenance or modifications to the Goods; or
d any damage to the Goods caused by an external source regardless of its nature.
7.6 To the maximum extent permitted by law, we give no warranties in respect of the Goods (either express or implied) other than the Good Warranties set out in this clause 7.
8 Consumer Guarantees Act
8.1 If you are acquiring the Goods as a ‘consumer’ within the meaning given to that term by the Consumer Guarantees Act:
a we will meet our obligations to you under the Consumer Guarantees Act; and
b except as otherwise expressly stated in these Terms, your sole remedies in respect of the a breach of the Goods Warranties will be those remedies available to you under the Consumer Guarantees Act.
8.2 If you are acquiring the Goods ‘in trade’ within the meaning given to that term by the Consumer Guarantees Act, to the fullest extent permitted by law:
a the Consumer Guarantees Act will not apply to the supply of the Goods;
b If we fail to meet the Goods Warranties your rights at clause 7.4 will be your sole remedies;
c sections 9, 12A, 13, and 14(1) of the Fair Trading Act will not apply to the supply of, or offer to supply, the Goods or otherwise in connection with the relationship between you and us established by these Terms;
d we will not be liable to you in connection with the supply of Goods or these Terms, whether in contract, tort (including negligence), breach of statutory duty, arising from our misrepresentation or otherwise, for any:
i indirect or consequential loss; or
ii economic loss, loss of profit, loss of revenue, loss of anticipated savings, loss of reputation (in each case, whether direct or indirect); and
e our total liability to you due to or in connection with the supply of Goods or these Terms, whether in contract, tort (including negligence), breach of statutory duty, arising from our misrepresentation or otherwise will be limited to the price actually paid for Goods.
8.3 Where you are acquiring the Goods ‘in trade’ you acknowledge that it is fair and reasonable to be bound by clause 8.2.
9 Cancellation
9.1 We may cancel your Order, in part or in full, to the extent that Goods are unavailable or may be unavailable for Delivery within our estimated delivery timeframes (as determined in our discretion), and in the event we cancel your Order in accordance with this clause 9.1:
a we will refund you the amount paid by you for such Goods; and
b we will not be liable to you for any loss arising from our cancellation.
9.2 Without prejudice to our rights and remedies under these Terms or at law, no Order for Goods accepted by us may be cancelled by you without our consent.
9.3 If you purport to cancel any order for Goods without our consent, you will be liable for:
a the full amount payable under the Order;
b all costs and expenses we incur or suffer in fulfilling the Order up until and including the day of cancellation; and
c all unavoidable costs we incur following the date of cancellation.
10 Return of Goods
10.1 We are not required to accept the return of Goods supplied in accordance with your Order if you change your mind but we may in our absolute discretion accept returned Goods for a credit or refund (as determined by us) if:
a you notify us within 7 days of Delivery (by email to help@stjohn.org.nz) that you wish to return the Goods (specifying your order number and reason you wish to return the Goods);
b we confirm that you may return the Goods; and
c the Goods are (in the same condition and packaging in which they were Delivered, with a copy of the invoice) returned to us, or our agent (as notified to you by us) within 7 days of us agreeing to the return of Goods under clause 10.1b.
10.2 When Goods are returned to us, we will without prejudice to our rights under clause 10.1, charge you an administration, restocking and freight fee of 15% of the price for the Goods, which we will deduct from your credit or refund (as applicable).
11 Privacy
11.1 You authorise us to collect, retain, use and disclose personal information about you which is collected by us in connection with supply of Goods, for the following purposes:
a to supply the Goods in accordance with these Terms, including invoicing you;
b to communicate with our agents to enable the supply of Goods to you;
c to communicate with you in connection with the Goods;
d to communicate with our agents to enable the recovery of any payment for the Goods not made on the due date; and
e any other purpose otherwise authorised by law.
11.2 We will otherwise collect, retain, use and disclose any personal information we collect about you in accordance with our privacy statement, which is available here.
12 Force majeure
12.1 We will not be liable for any delay or failure in the production or delivery of the Goods in accordance with these terms, where such a failure or delay results from any event or circumstance beyond our reasonable control (‘Force Majeure Event’), including:
a fire, flood, explosion, earthquake, storm or other natural disaster;
b civil commotion, hostilities (whether war is declared or not), sabotage, an act of terrorism, chemical or biological contamination;
c the acts of any public authority or imposition of any government sanction, embargo or similar action;
d strikes, industrial action and other labour disputes (including of Hato Hone St John or its suppliers); or
e supply chain issues caused by or arising from pandemics, epidemics, infectious disease outbreaks or other multinational health issues preventing or impeding the free carriage of goods and/or the free movement of people.
12.2 If a Force Majeure Event occurs which we consider will substantially delay or prevent us from delivering the Goods in accordance with these Terms:
a we will use reasonable endeavours to notify you that the Force Majeure Event has occurred;
b we may (by giving written notice to you) delay Delivery of the Goods until a reasonable time after the cause of the delay ceases to exist and if we give any such notice; and
c you agree that you have no claim against us arising from such deferment of Delivery.
13 Assignment
You may not assign any of your rights or benefits under these Terms or in respect of the Goods, unless we have given our prior written consent.
14 Notices
14.1 If we are required to or may give notice to you under these Terms, we may send that notice to an address you provided us in your Order (including your email address) or any other address that you provide us from time to time.
14.2 If you are required to or may give notice to us under these Terms, you may send that notice:
By post, to: St John
Private Bag 14902,
Panmure,
Auckland 1741
By email, to: help@stjohn.org.nz
14.3 For the purposes of these Terms, notices given by us in accordance with clause 14.1 or by you in accordance with 14.2 will be deemed to have been received:
a if sent by post, on the fifth day after the date posted; or
b if sent by email, at the time the transmission by the sender unless the sender was put on notice that the transmission was not successful,
but if the time and day on which a notice would be deemed to have been received in accordance with the above is not between 9.00am and 5.00pm on a Working Day, the notice will be deemed to have been received at 9.00am on the next Working Day.
15 General
15.1 The headings in these Terms are for reference only and do not affect its interpretation.
15.2 Nothing in these Terms is intended to create an obligation or a right enforceable by a person other than you or us.
15.3 No delay by us in enforcing our rights under these Terms will stop us from enforcing those rights.
15.4 If we waive any of our rights under these Terms or waive any breach by you of these Terms, we will not be taken to have waived any other rights or any other breaches.
15.5 If any provision of these Terms is judged illegal or unenforceable for any reason, that provision (or the appropriate part of that provision) will be deemed to have been deleted and the remaining provisions will continue in full force and effect.
15.6 These Terms and any dispute arising out of or in connection with the Terms or the Goods will be governed by the laws of New Zealand.
15.7 The New Zealand courts will have the exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Goods.