TERMS and CONDITIONS

Please read this carefully. By using or submitting an order on this website, you are agreeing to the terms that appear below.

Please note unless the description states otherwise, our products are not waterproof.

www.josefseibel.co.nz is operated by Watts Imports and Distribution, registered address is Level 7, 55 Shortland Street, Auckland Central, Auckland, 1010 and administration office is at Watts imports and Distribution Limited, 3/5 Henry Rose Place, Albany, Auckland, New Zealand. Company registration number 42568

The following terms and conditions will apply between you and Watts Imports and Distribution Limited when you make a purchase from josefseibel.co.nz. The terms do not affect your statutory rights.

Your contract for purchases made through www.josefseibel.co.nz is with Watts Imports and Distribution Limited and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.

You must be eighteen years old or older to use this Site. 

You warrant that all details you provide to www.josefseibel.co.uk for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered. 

You agree that e-mail can be used as a long-distance means of communication.

These Terms, and any Contract between us, are only in the English language.

 1 – INFORMATION ABOUT US

1.1: We operate the website www.josefseibel.co.nz . Watts Imports and Distribution, registered address is Level 7, 55 Shortland Street, Auckland Central, Auckland, 1010 and administration office is at Watts imports and Distribution Limited, 3/5 Henry Rose Place, Albany, Auckland, New Zealand. Company registration number 42568.

1.2: We are a limited company.

1.3: Contacting us if you are a consumer:

1.3.1: To cancel a contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to telephone on 09 2758558 however you can also e-mail us at shop@watts.co.nz or by post to Watts imports and Distribution Limited, 3/5 Henry Rose Place, Albany, Auckland, New Zealand. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date we receive the e-mail or the letter. 

1.3.2: If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at shop@watts.co.nz, by telephone on 09 2758558, or through our site via the contact us page on our website.

1.3.3: If we have to contact you or give you notice in writing, we will do so by e-mail, by pre-paid post to the address you provide to us in your order or by means of any other contact details you provide to us.

1.4: Contacting us if you are a business. You may contact us by e-mailing us at shop@watts.co.nz, by telephone on 09 2758558 or through our site via the contact us page. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.

2 – OUR PRODUCTS

2.1: The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images. 

2.2: Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate only.

3 – USE OF OUR SITE

Your use of our site is governed by our Terms & Conditions and Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4 – HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5 – IF YOU ARE A CONSUMER

This clause 5 only applies if you are a consumer.

5.1: If you are a consumer, you may only purchase products from our site if you are at least 18 years old.

5.2: Certain products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these products through our site. 

6 – HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1: To make a purchase, browse through our products and select those which you wish to purchase by adding them to your shopping basket. Once you have completed your selection(s) click on the ‘Checkout’ button and our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.2: After you place an order, you will receive an order confirmation e-mail from us acknowledging that we have received your order.

6.3: If we are unable to supply you with a product for whatever reason, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.

7 –  OUR RIGHT TO VARY THESE TERMS

7.1: We amend these terms from time to time.

7.2: Every time you order products from us, the terms in force at the time of your order will apply to the contract between you and us.

7.3: We may revise these terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. 

7.4: If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

8 – CANCELLATION, RETURNS AND REFUNDS

SPECIFIED RETURN ADDRESS: Watts imports and Distribution Limited, 3/5 Henry Rose Place, Albany, Auckland, New Zealand

If you are not completely satisfied with your purchase, you can return it within 10 days of the purchase date, in its original unworn condition, this includes the box which should also be undamaged when received back to us.

We would suggest reusing the carton we shipped your goods in or similar.

We will not refund any postage costs for returning goods due to change of mind.

Please ensure your name, address and order number is clearly visible on the return.

We recommend that you obtain proof of delivery for your return as we are not liable for goods lost in transit.

If you wish to contact us in connection with a return please email shop@watts.co.nz or telephone 09 2758558.

8.1: If you have placed an order but then wish to change or cancel it, please contact us as soon as possible. We will endeavour to make any changes, but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you will have to wait until you receive the order and then follow the normal returns procedures.

8.2: Unless the product is faulty or not as described, you will be responsible for the cost of returning the products to us. 

8.3: Once you have notified us that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order, provided the goods you return are in the same condition as when delivered to you. You will be liable for any charges incurred when returning the goods to www.josefseibel.co.nz unless the return is as a result of an error on our side.

8.4: When you cancel or return an order we will refund you the price you paid for the products. The refund will only be processed when we have received the item and inspected their condition.

8.5: If the goods are faulty when you receive them, we will also refund any delivery costs you have paid (if any), although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).

8.6: In the event that you have received the product from us, the deadline for us making a refund to you will be 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.  

8.7: In the event that you have not received the product from us, the deadline for us making a refund to you will be 14 days after you inform us of your decision to cancel the contract.

8.8: If you have returned the products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges. 

8.9: We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the product we may refund you in vouchers.

8.10: If a product has been delivered to you before you decide to cancel your contract:  then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract.

9 –  DELIVERY

9.1: We offer free delivery to any NZ address given by you when a minimum of $40.00 is spent. Delivery is charged at $12.95 for all orders under $40.00.

9.2: We will endeavour to dispatch orders received before 1.00pm on the same day if a working day or the next working day if not. Weekends and Bank Holidays are not working days. All orders received after 1.00pm will be dispatched the following working day.

9.3: All suspected missing deliveries must be reported in writing 7 days after placing your order and no later than 10 days. To report a missing delivery you must email shop@watts.co.nz quoting your order reference. A refund or replacement order will only be offered once 28 days has elapsed from your order date. 

9.4: Delivery of an order shall be completed when we or our courier deliver the products to the address you gave us and the products will be your responsibility from that time. Please note that if you opt for the products to be delivered to a safe place or to be left with a neighbour (or other third party) you are responsible for such products once we or our courier deliver the products to that safe place, neighbour or other third party and delivery of the products shall be completed when we do so. 

9.5: You own the products once we have received payment in full, including all applicable delivery charges. 

9.6: If we miss the 30 days delivery deadline for any products then you may cancel your order straight away if any of the following apply:

9.6.1: we have refused to deliver the products;

9.6.2: delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

9.6.3: you told us before we accepted your order that delivery within the delivery deadline was essential.

9.7: If you do choose to cancel your order for late delivery, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them. After you cancel your order, we will refund any sums you have paid to us for the cancelled products. 

10 – INTERNATIONAL DELIVERY

10.1: Outside of NZ we only currently offer shipping to AUSTRALIA. 

The shipping cost for your item(s) will be calculated as you progress through the checkout.  This will vary according to location and number of items selected.

10.2: There are restrictions on some products for certain international delivery destinations, so please review the information on that page carefully before ordering products. 

10.3: If you order products from our site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.  As the buyer, you will be responsible for paying the cost of any local taxes.

10.4: You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

10.5: You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

10.6: We are unable to guarantee the number of days for goods to be delivered, which depending on the location may take up to 28 days due to the current world shipping crisis.

11 – PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1: The prices of the products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of product(s) you ordered.

11.2: Prices for our products may change from time to time, but changes will not affect any order you have already placed.

11.3: The price of a product includes GST (where applicable) at the applicable current rate chargeable in the NZ for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the products in full before the change in GST takes effect.

11.4: The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. 

11.5: Our site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

12 – HOW TO PAY

12.1: You can only pay for products using a debit card or credit card (we accept the following – Visa and Mastercard

13 – OUR LIABILITY IF YOU ARE A CONSUMER

This clause 13 only applies if you are a consumer.

Consumer Guarantees Act 1993

In the event the transaction, the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”), then: If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall in any way limit the purchaser’s rights under the Act.

Limitation of Liability

Except to the extent of written warranties given by us to you, all warranties and representations in respect of goods sold or services supplied are excluded, including (to the extent permitted by law) those expressed or implied by law.

Our total liability under any warranty for defective or damaged goods supplied by us, or in relation to services, is limited at our option to either:

  1. Replacing or repairing the defective or damaged goods; or
  2. Refunding the price of the defective or damaged goods.

Any goods returned to us must be returned freight paid. Reasonable shipping and handling charges are not refunded unless the original item was incorrect or faulty. Where we elect to repair defective goods, we will use all reasonable endeavours to repair the goods as soon as possible but will not be liable for any delay in completing the repairs.

Unless expressly agreed in these terms and conditions, neither the owner of this website nor its affiliates, directors, officers, employees, agents, contractors, successors, or assignees will be liable for any damages whatsoever arising out of, or in any way related to, the use of this website and any third-party websites linked to this website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption, or the loss of data or information.

We cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware, or software with which it might be used. You assume all risk of use of all programs and files on this website, and you release us entirely from all responsibility for any consequences of its use.

Governing Law

These terms and conditions will be interpreted in accordance with and governed by the laws of New Zealand, and the New Zealand courts will have exclusive jurisdiction in respect of any dispute.

 

14 –  EVENTS OUTSIDE OUR CONTROL

14.1: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. An event outside our control is defined below in clause 14.2.  

14.2: An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3: If an event outside our control takes place that affects the performance of our obligations under a contract:

14.3.1: we will contact you as soon as reasonably possible to notify you; and

14.3.2: our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over. 

14.4: You may cancel a contract affected by an event outside our control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.

15 –  COMMUNICATIONS BETWEEN US

15.1: When we refer, in these terms, to “in writing”, this will include e-mail.

15.2: If you are a consumer you may contact us as described in clause 1.3.2 

15.3: If you are a business: 

15.3.1: Any notice or other communication given by you to us, or by us to you, under or in connection with the contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

15.3.2: A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.

15.3.3: In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 

15.3.4: The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16 –  OTHER IMPORTANT TERMS

16.1: We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.

16.2: You may only transfer your rights or your obligations under these terms to another person if we agree in writing.  

16.3: This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5: If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

16.6: If you are a consumer, please note that these terms are governed by New Zealand law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by New Zealand law. You and we both agree to that the courts of New Zealand will have non-exclusive jurisdiction.

16.7: If you are a business, a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New Zealand. 

16.8: If you are a business, we both irrevocably agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).

PROMOTIONAL DISCOUNT TERMS AND CONDITIONS

Promotional offer codes apply to specified products or groups of products i.e “sale” and cannot be used on any other products.

Orders will be cancelled if promotional offer codes are used on non-promotional products.

The promotion code can only be used for purchases made online at www.josefseibel.co.nz

Promotional codes are not transferrable and have no cash value. 

Watts Imports and Distribution reserves the right to amend these terms and conditions and/or discontinue the incentive at any time. Your statutory rights are not affected.