Website Terms of Use
1. Acceptance of Terms
1.1 This website is owned and administered by Nifty Solutions Limited (“Nifty Solutions”). The website is provided for Customer use subject to the terms and conditions contained herein (“Terms”). Nifty Solutions reserves the right to amend these Terms at any time.
1.2 The Customer acknowledges that when this website is accessed, they have read and agreed to the terms described below. If the terms herein are not agreed to, the Customer should exit this site and not place any order.
2. Availability and Risk
2.1 This site may be inaccessible from time to time due to events outside of Nifty Solution’s control, or for maintenance requirements. We cannot guarantee any file, data or program available for download from this site (or any third-party site that may be linked) is free of viruses and you assume the risk of any damage to your device as a result of using this site.
2.2 The website is provided for customers to buy, or find out more about, our products. Products displayed may not be immediately available to purchase. Nifty Solutions retain the right to alter, upgrade or discontinue any product or information contained within this site, without notice.
2.3 Nifty Solutions will make best efforts to ensure that the information on this website is up to date at the time it is posted but is subject to change without notice. Any prices appearing may be subject to change without notice.
3. Use of This Site
3.1 The Customer agrees not to use this website for any purpose that is unlawful or prohibited by these terms of use. The Customer may download the information on this site for the purposes of purchasing products from us, but otherwise neither this website, nor any material on it, may be scraped, copied, altered, modified, reproduced, transmitted, or distributed without our prior written consent.
3.2 The Customer agrees to not interfere with any other party’s use and enjoyment of this site, or damage the operation of this site, or our systems or those of other persons who use this site, whether by way of a virus, corrupted file, any other software, program, or otherwise. We reserve the right to suspend your use of this site where we consider that the Customer may have breached these terms or the law.
4. Proprietary Rights to Content and Intellectual Property
4.1 The Customer acknowledges that Nifty Solutions owns this website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on this website. The material on this website is protected by copyright under the laws of New Zealand and may not be used without written permission by Nifty Solutions. The Customer’s use of this site will not create, nor will the Customer represent to have, any interests or rights in our intellectual property. No trademark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Nifty Solutions or of the relevant trademark owner.
5. Signing In
5.1 The Customer agree to always keep sign in details safe and confidential. The Customer is liable for every online order made under that Customer’s sign in.
Online Shopping Terms and Conditions
These terms and conditions (“Terms”) apply to the sale and purchase of all Nifty Solutions Limited (“Nifty Solutions”) products to any person, business or company (“Customer”).
Placement of an order for products with Nifty Solutions, acceptance of delivery of the products, or payment from the Customer for the products is deemed to be acceptance of these Terms.
1. Collection and Use of Information
1.1 Nifty Solutions may collect information regarding Customers for the purpose of assessing the customer’s credit worthiness, or for enforcing any rights under these Terms. The Customer authorises Nifty Solutions to disclose any information obtained to any person for the purposes set out in this clause. Where the Customer is a natural person the authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
1.2 Please refer to our Privacy Policy page.
2. New Zealand Law
2.1 Any contract arising from this site is governed by New Zealand Law. These Terms are governed by New Zealand Law. If there are any issues which need resolved by a court, the Customer agrees to the exclusive jurisdiction of the New Zealand courts.
3. Product Availability
3.1 From time to time, products could be added or removed from this site. Products from this site may not be available from time to time. Nifty Solutions does not accept liability for any loss arising from lack of immediate availability and every effort will be made to keep the information on the site up to date and accurate.
4. Online Orders, Price and Payment
4.1 Products may be ordered by following the instructions on this site. The price of products will be the price listed on Nifty Solution’s site current at the date of purchase. All prices are in New Zealand Dollars and are inclusive of GST.
4.2 Prices exclude the price for delivery and may increase or decrease from time to time. Freight will be determined at the time of delivery per item and confirmed to the Customer.
4.3 The Customer must pay by any number of online payment options, including but not limited to, credit or debit card, such as Visa and Mastercard.
4.4 If payment is declined, delivery of the relevant order will not be made, and we will contact the Customer to make alternative payment arrangements. We reserve the right to refuse to accept payment from a Customer by credit card for any reason. If a Customer defaults in payment for any order, they are liable for all costs associated with debt collection.
5. Offer and Acceptance of Online Order
5.1 When a Customer places an order, they are making an offer to buy goods. All accepted orders supersede any previous quotes or estimates. We will take payment from the Customer when we accept an order.
5.2 The Customer warrants that all information and data provided by them is accurate, complete, and up to date. The Customer will promptly notify Nifty Solutions if there is any change to this information or data.
6. Order Status and Notification
6.1 We will confirm that we have received and accepted an order by email. This indicates that an order has been accepted, subject to availability of stock.
6.2 We may communicate with a Customer regarding an order using the Customer’s email address, phone number (including text message) and other forms of communications that may reasonably be available to us.
7. Order Fulfilment
7.1 Where applicable, delivery charges will be calculated for each order and shown as a separate item before the Customer chose to enter payment details and send the order to be processed. We may change delivery fees at any time.
7.2 If Nifty Solutions is unable to deliver any product, your payment will be reimbursed in full with respect to that product. This can take around 7 working days, depending on bank processing times.
8. RISK
8.1 Products remain at our risk until delivered to your nominated address, or in the case of an offshore island address, such as Stewart Island, until delivered to your shipping agent. We may deliver each product ordered separately if we choose for supply or other reasons.
9. Cancellation by You and Product Return
9.1 Please contact us directly by email at [email protected] for more information on whether cancellation of your order is possible, and the process for refund of products.
10. Cancellation by Us
10.1 While we try to ensure that the price and description of products is accurate, if there is an error with the listing of a product on our website, a technical error in the processing of your order, or unavailability of product, we reserve the right to refuse or cancel the order even it had been accepted.
10.2 In such cases we will refund in full all amounts you paid in respect of such unavailable product.
11. Liability
11.2 Nifty Solutions, to the extent permitted by law, excludes all liability to the Customer, or anyone else, for loss or damage of any kind, however that loss or damage is caused or arising, which related in any way to the website.
11.3 Nifty Solutions will not be liable for any for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the site, to the extent permitted by law. The Customer agrees to indemnify Nifty Solutions against all liabilities, losses, (including consequential and indirect losses) claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use of the site, or any breach of these terms.
12. Warranties
12.1 Nifty Solutions will comply with its obligations owed to the Customer pursuant to the Consumer Guarantees Act 1993 (“CGA”) and will comply with any obligation set out under any express warranty given by Nifty Solutions to the Customer.
12.2 The Customer acknowledges and agrees that where products are ordered for business purposes (as defined by the CGA), the provisions on the CGA will not apply and that nothing in these Terms is intended to have the effect of contracting out of the CGA except to the extent permitted by the CGA.
12.3 No warranties concerning the products are made by Nifty Solutions unless they are confirmed in writing to the Customer.