Terms of Trade for victoriana.co.nz
representing Victoriana Limited, New Zealand
Website Wholesale Trading for New Zealand only
(7 June 2014)
Description of Products
– Greeting and Gift Cards are in its original condition as per the Manufacturers specifications. Some cards for special occasions have additional printed text inside, or is printed on an insert, which insert is attached to the center of the card.
– Cards can be delivered with Envelope in Plastic, or as a Card-Only, while in the Foil-engraved Series some pictures also are available as a Print on its own. (for Scrap-booking or Individual Presentations) The availability and the prices are shown when you click on the “please select” button. If a higher number of cards are required than shown, please contact us, to make sure that we have the required number available.
– Colour differences of the foil engraved card pictures are unavoidable because of their processing. For instance, many cards have a silver color finish on the back or on parts on the front, while it appears on the website like grey toward black. It is hard to make a correct picture from the card suitable for the website to show its beauty, because of the reflective nature of the card itself which radiates different in various angles.(Its real beauty)
– Also for the other products is it possible that slight color differences can occur because of the process of providing a picture to be used on the website.
– Regarding the other products; Improvements and/or modifications to the seller’s products, prices and data are constantly considered and being made. A good sample are the hand-made Wedding Accessories.
– Prices are stated in New Zealand Dollars.
– Although the seller has endeavored to ensure that the description and pricing of the products provided on its website are accurate, complete and current; the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information.
– The seller also relies on information and/or pictures from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller.
– If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
Overseas Clients; please use website: foilengravedcards.com
This Website here, where you are now, is for New Zealand Customers only.
The buyer may order products from the seller by completing and submitting the checkout process on the seller’s website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order. These details are only used by the parties involved in the ordering/delivery/payment process and will not be passed on to others. Appart from the processing of the order/delivery/payment, your email address will only be used to send you updates on the program and for specials, unless that you let us know to stop with that.
The sellers discretion in rejecting orders
No order shall be deemed accepted by the seller until the seller has sent the buyers order and the money (the total amount of the due money for that completed order) has been cleared in the sellers bank account. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. All correspondence and the filling in of forms regarding names, addresses and numbers need to be in the English, German, Dutch or Zuid Afrikaans Language. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
The seller’s website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
Delivery is generally by “Fastways” Courier which excellent Service we have used already for many years. Other courier services and NZ Post are also used.
Prices are inclusive of G.S.T. and stated in New Zealand Dollars. All prices are correct at the time of publication, however we reserve the right to alter prices for any reason. But the price at the moment you hit the buy button, is the correct price, so not to worry.
Return of Goods. & Procedures
The Purchaser shall have seven (7) days from the date of receiving the goods from the Post- or Courier service, to notify the supplier of any rejected goods. Any goods rejected and to be returned to the supplier will be returned at the purchaser expense. All goods not returned or rejected within these seven (7) days shall be deemed to be accepted by the purchaser. Purchaser has the choice of the rejected goods to be replaced or the corresponding money being refunded. Goods to be returned need to be in the same pristine condition as received and is at the sellers discretion. You can be confident that we do our utmost to provide you with new products in a pristine condition and with the best possible service.
New Zealand Customers
A Nation-wide service by our Agents, visiting the Shops on a regular basis, to fill their needs, has been established from the year 2000 onward. Shops and Retail outlets in various remote areas or area’s where it is not economical for the Agents to go, are glad to have the use of this website.
Changes to these Conditions of Use
The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller’s website without further notice. When the revised Conditions of Use are published on this website, all orders submitted by the buyer, after the revised Conditions of Use are published, shall be subject to the revised Conditions of Use. So please check these conditions before ordering, enabling you to make an informed decision.
The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is is outside the seller’s control.
Once the buyers order has been delivered or dispatched to the transport agency (Fastways, New Zealand Post or others) to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products, however the usual Insurance through the Transport-agencies, covering the value of the goods, is in place.
This website is provided ‘as is’ without any representations or warranties, express or implied. Victoriana Limited makes no representations or warranties, express or implied. Victoriana Limited makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Victoriana Limited does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. (If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional)
The buyer shall be solely 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 you purchase from the seller.
Limitations of liability
Victoriana Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
– (to the extent that the website is provided free-of-charge, for any direct loss;)
– for any indirect, special or consequential loss and shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
– for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts
or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Victoriana Limited has been expressly advised of the potential loss.
DISCLAIMER: To the maximum extent permitted by law, neither the sender or Victoriana Limited are liable (including in respect of negligence) for viruses or other defects in our Website or in any emails or for changes made to emails or to any attachments. Before- opening or using attachments, please check them for viruses and other defects.
By using this website you agree with the exclusions and limitations of liability set out in this website disclaimer. Otherwise you must not use this website.
You accept that, as a limited liability entity, Victoriana Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Victoriana Limited officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Victoriana Limited officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Victoriana Limited and undertake to keep Victoriana Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Victoriana Limited to a third party in settlement of a claim or dispute on the advice of Victoriana Limited legal advisers) incurred or suffered by Victoriana Limited arising out of any breach by you of any provision of these terms and conditions,[or arising out of any claim that you have breached any provision of these terms and conditions].
These Conditions of Use shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).
These terms and conditions govern your use of this presentation and website. By using this presentation or our website, you accept these terms and conditions in full.
All trademarks, logos, and service marks displayed are registered and/or unregistered Trademarks of their respective owners.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this presentation or our website.
Intellectual Property Rights apply to all content of this website.
You may not:
Copy, duplicate or reproduce or multiply anything of this presentation and website for commercial purposes, or for sale, publishing or republishing, including showing anything from our website publicly.
License, sub-license, publish, republish, rent or any other form of distribution or redistribute any part of it, or as a whole and/or in an altered form.
Breaches of these terms and conditions
Without prejudice to Victoriana Limited other rights under these terms and conditions, if you breach these terms and conditions in any way, Victoriana Limited may take such action as Victoriana Limited deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Victoriana Limited may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Victoriana Limited may transfer, sub-contract or otherwise deal with Victoriana Limited rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with documents, constitute the entire agreement between you and Victoriana Limited in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with New Zealand Governing Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of New Zealand Jurisdiction, to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply).
Registrations and authorizations
Victoriana Limited is registered with the New Zealand Governmental Companies Office. Victoriana Limited registration number is 1062446.
You can find the online version of the register here
Jan Smeets (Author)