Terms & Conditions of Sale
Definitions
“The Company” means GoBake Ltd. “The Purchaser” means the person or persons, whether corporate or incorporate, who has or who have requested supply of the goods and includes its, his or their respective executives’ administrators and assigns.
General
Any goods offered or supplied are of normal commercial quality and are only for the purpose for which such goods are normally supplied. No other conditions or warranties as to fitness for any for any purpose whether expressed or implied by law and no representation or statements shall bind the company unless specifically set out in writing by the company. These terms and conditions apply to all orders given to the company by the purchaser. A minimum spend of $200 for the first order and $1000 annually is required for an account to be considered by the company.
Prices
Subject to change at any time without prior notice. Unless otherwise stated prices indicated are NZ$ FOB Auckland. Prices prevailing at time of delivery apply. The company reserves the right to levy a service charge for all orders under NZ$50.00 (including G.S.T.) in value. Once given an order may not be cancelled without the consent in writing of the company. All prices quoted, unless otherwise stated, are exclusive of GST.
Payment
Accounts are net and trading terms unless otherwise stated are STRICTLY Cash before Delivery, 14 Day Direct Debit, 20th following Delivery or as the company may prescribe. Interest at a rate determined by the Company may be charged at any time on overdue accounts compounded at the end of each calendar month from the due date thereof up to the date of payment in full. The Company reserves the right to limit credit facility where an overdue account exists. Payment by cheque shall not by deemed payment until the cheque has been paid by the purchasers’ banker and credited to the Company’s account. In the case where a Direct Debit has been prescribed, a $25 administration fee may be applied per payment if a Direct Debit is not used. The company reserves the right to withdraw credit at any time. A $25 administration fee may be applied in the case of a returned cheque, Direct Debit. No delivery will be effected for delinquent accounts. FIS is on prescribed criteria only.
Delivery
Every effort shall be made to deliver the goods on time. The Company cannot be held responsible for the late deliveries caused by acts of god, war, strikes, lockouts etc. The Company reserves the right to deliver a reasonable substitute if required due to stock unavailability, and cannot be held responsible for over-ordering or changes or preference. Delivery shall be made during normal business hours at the address specified by the purchaser and shall be completed on the goods being left at that address. Deliveries made outside normal business hours are by arrangement and are at the purchasers’ liability.
Ownership
Ownership of the property in goods supplied to the purchaser by the Company shall remain vested in the Company until payment thereof has been made in full, and if default is made by the purchaser in payment then the Company shall have the right at its absolute discretion and without further notice to enter from time to time upon any premises in which such goods are located and remove all or any of such goods and the Company reserves the right to dispose of such goods upon such terms and conditions as the Company shall see fit.
Returns
All goods are “sold firm” unless otherwise stated on the invoice. Goods that are supplied in error are returnable for replacement or credit, provided the error is notified to the Company within seven days of the invoice date. The date and number of the original packing slip/invoice must accompany the goods being returned. No claim will be allowed where the goods have been marked or shop-soiled. Defective items will be replaced, or if unavailable, credited in full, provided they are returned to the Company within seven days of receipt.
Guarantee
The applicants signing this account application jointly and severally unconditionally guarantee to the Company the due and punctual payment of all moneys owing at any time by the purchaser.
Breach
In the event of any breach of the terms and conditions the purchaser shall pay to the Company all costs and disbursements incurred plus a sum equal to 15% of the amount owing such sum to compensate the Company for its legal costs and out of pocket expenses.
Waiver
The Company shall not be deemed to have waived any such conditions hereof unless it has done so in writing signed by a director of the Company. The Company’s rights powers and remedies remain in force not withstanding any forbearance or delay on its part.
Contract
These terms and conditions express the agreement of the Company and the purchaser on the matters recorded and shall not be subjected to change without agreement in writing of the Company and the purchaser.
Privacy Policy
All details will remain confidential between the purchaser and the company unless agreed to in writing. In the case of a franchisor/franchisee arrangement details will be submitted to the master franchisor of the purchasers’ details.
Website Privacy Policy
Your privacy on the Internet is important to us. This privacy policy discloses what information we gather, how we use it, and how to correct or change it.
Information
We gather various information about customers and users of our website. This information includes:
- Personal information through your voluntary use of the Website and the purchase process (such as your first and last names and email)
- Personal information, provided to us by you through any other method (including without limitation correspondence and discussions)
- Information collected by us through click tracking in relation to your use of the Website, including the content you upload and the content you access
- Aggregated data, which tracks traffic to the Website and cookies, which are pieces of information transferred to your computer hard drive for record keeping (such as your preferences on our Website).
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Use of your information
We will never sell or rent your personal information to third parties. We will use information we collect from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. We generally use personal information to complete delivery of our documents to you, help us manage and enhance our services and to communicate with you.
Email newsletters and other notices
It is our policy to send emails throughout the purchasing process and other Newsletter emails you elect to receive. In addition, we may send out promotional material to you promoting new or amended material on our site where we think that may be relevant to you. It is our policy to immediately remove any person from any mailing list upon the person’s request.
Cookies
Cookies are small pieces of information that are stored in a browser-related file on your computer’s hard drive when you use our website. Cookies are widely used on most major websites. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. A cookie in no way gives us access to your computer or any information about you other than the data you choose to share with us. We may use information contained in cookies to make assumptions about the user of the computer and to provide users of that computer with focused advertising that we believe may be of interest, based on that information. You can choose to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website.
Other information we collect
We collect and use additional information to carry out internal research on our users’ demographics, interests, and behaviour to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address. If you post on our site, Facebook or other social media sites about us or your experience with us, we may collect that information for the purposes of improving our service and the end user experience.
Access and removal of Information
You have the right to seek access the personal information held about you and to advise us of any inaccuracy. There are some exceptions to this right set out in the Privacy Act. If you make an access request, we will ask you to verify your identity and specify what information you require. We may charge a fee to cover the costs of meeting your request.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Updates to our information practices
We reserve the right to change this policy. By continuing to use the Website, you agree to be bound by the amended policy. You should check from time to time to see if the policy has changed.
