Terms of Use

This policy was last updated on 12/11/13.

"If you want to live in my house, you live by my rules," that's what our dads said. And probably every parent who's ever lived. We're not really rulesy people as a rule. However, we have to play by other peoples rules, which means that we have to lay down some rules here about using our website and buying stuff from us. They're really aimed at certain type of person who probably isn't you. So here are the terms and conditions (T&Cs as they're known in the trade) for the ExpressTurtle website. See if you can stay awake until the end.

The website is owned and operated by H S White & Son Ltd (ExpressTurtle). You acknowledge that by accessing and using this website you agree to be bound by the following terms and conditions (Terms). Please read these terms carefully. If you do not accept these terms, please refrain from using the website. Sale Terms apply to purchases from ExpressTurtle, by clicking "Proceed to Payment" on the product order you agree to be bound by these terms.

We reserve the right to change these terms at any time. We will notify you of that change by updating the "last updated" notice at the top of this page. By continuing to use the Website, you agree to be bound by the amended terms of use. You should check from time to time to see if the terms have changed.

1. Intended Meanings for Certain Words
   1. "Content" means any software, data, information, pictures, graphics and other materials published or made available on the website, including all third party content and user generated content.
   2. "Delivery" means providing the products set out in a Product Order to you or leaving the products set out in a Product Order at the front door or similar point at the address supplied by you in the Product Order, or any particular point specified by you in the Product Order, or where a signature is required, at the time the goods are handed over and signature is obtained from a person at the relevant site.
   3. "GST" means goods and services tax as set out in the GST Act.
   4. "GST Act" means the Goods and Services Tax Act 1985.
   5. "Product" means the goods and / or services being offered by us and promoted through the Website.
   6. "Product Information" means the specific information relating to a Product as set out on the Product Page.
   7. "Product Page" means the relevant page of the Website on which a specific Product is promoted.
   8. "Product Order" means your request or that part of your request we confirm as acceptable.
   9. "Request" means the order placed by you for the relevant products in the shopping cart.
   10. "Shopping cart" means that purchase section of the website displaying the products that you intend to purchase.
   11. "Third Party Information" means information other than product information on the website including certain data, news, research, statistics stories, photographs, opinions and information.
   12. "User" means any user of the website.
   13. "We", "us", "our" are a reference to ExpressTurtle.
   14. "Website" means this website expressturtle.co.nz.
   15. "You" and "your" are a reference to you.
2. Intellectual Property
   1. You acknowledge that any content displayed or made available through the website is our exclusive property or used and / or displayed by us with the express permission of the owner. No content may be reproduced, published or transmitted without our prior written consent. Copyright, trademark or other intellectual property right infringement may result in civil and/or criminal penalties.
   2. "ExpressTurtle" is our trademark. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the website are the property of their respective owners.
3. Privacy and Personal Information

   Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use this website you agree to the terms of such Privacy Policy.

4. Links

   The website may include links to other websites, which we do not own. If you visit a linked website you will be subject to the terms of that website. Any dealing in relation to a website not owned by us ("Third Party Website") will be solely between you and the owner of that Third party website. A link to a website from this website does not imply our endorsement of the third party websites or any product or service being advertised, promoted or offered on the third party websites or any association with the operators of the third party websites unless this is specifically stated on the website.

5. Liability

   You agree and acknowledge that where the website sets out third party information, then this is being made available by us as a free service. While we will not knowingly provide incorrect information we may not be able to verify all third party information on the website, and so you should not rely on it without first making your own enquiries. We do not guarantee or certify the accuracy of the third party information. Any reliance on the information is at your own risk.

6. Product Order

   ExpressTurtle offers the capability of using one shopping cart to carry all products you have selected to purchase across the website until you are ready to purchase them.

   1. If you end your visit to the website with items in your shopping cart (that is without completing the request, including payment), we may retain those items in your shopping cart for a period of time determined by us, unless you first remove them. You should check that the shopping cart contains the products you intend on purchasing before progressing to confirm the request. We are entitled to assume that you have checked the contents of your shopping cart and all other details of your request before you confirm it.
   2. You acknowledge and agree that any request you submit to us through the website is a legal offer to us to purchase the goods or services that are the subject of the request.
   3. Should we accept your request, we will acknowledge acceptance of it by sending you an email confirmation.
   4. We will endeavour to show any product displayed on the website that is unavailable for Delivery ("Out Of Stock product") as "Out of Stock. We may allow you to submit a request for Out Of Stock product. Should we accept your request, we will arrange delivery of the Out Of Stock product subject to our Shipping and Returns Policy.
   5. We will send you an email notification where we are unable to fulfil your request or some of your request until a later time or where we are only partially able to fulfil your request (each a "Partial Delivery"). You will be entitled to cancel the request in accordance with Clause 9(b) where we advise you that there will be a Partial Delivery. If you do not cancel a Partial Delivery in the manner set out in Clause 9(b), and the Partial Delivery is such that the remainder is to be delivered later, when that remainder is available to be delivered, subject to our Shipping and Returns Policy, we will arrange delivery, of that the remainder with no further delivery cost to you.
   6. We will use all reasonable efforts to fill your request but where we are not able to we may advise you of this and partially accept your request. Where we do this we will set out the parts that have been accepted.
7. Price
   1. Unless otherwise expressly stated, all amounts specified on the website are GST inclusive.
   2. Prices displayed on the website are in New Zealand dollars.
   3. We may change the price of products from time to time. Where we do the price you will pay for the product is the price set out in your request when you confirm it.
8. Payment
   1. You must pay for products purchased by a debit card, credit card or any other payment method that we may make available from time to time.
   2. You acknowledge that additional bank charges may apply to certain transactions.
   3. Title to products shall pass to you on payment in full for the relevant products.
   4. You are liable for all costs associated with any default in payment for any product order.
9. Cancellation
   1. Except as contemplated in clause 9(b) below you may not cancel a request after you have received the email confirmation confirming our acceptance of it as a Product Order.
   2. Where we advise you that there will be a Partial Delivery you will be entitled to cancel the request, by following the instructions contained in the email. If you do not cancel the request within 24 hours of us advising you, we may treat fulfilment of your request (or partial fulfilment of it) in the manner set out in our email as acceptable to you and proceed to action the request as modified. This modified request will be treated as the Product Order.
   3. Subject to you cancelling a request in accordance with Clause 9(b), once your request (or part of it) is accepted and becomes a Product Order you are committed to the transaction and payment will be effected for the Product Order (i.e. your credit card will be charged) immediately following confirmation of the deal.
   4. Notwithstanding that we may have confirmed a request (or part of a request) we may cancel a Product Order (or part of a Product Order) where product is unavailable for any reason or a pricing error is discovered. Where we cancel a Product Order (or part of a Product Order) we will notify you as soon as possible. If we have effected payment for a Product Order that is cancelled we will promptly refund the amounts paid for the Product Order or the part of the Product Order that is cancelled.
10. Refusal of transaction
    1. We may refuse to process a request or a Product Order for any reason at any time in our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction.
    2. We reserve the right to limit the quantity of product available to you to order in our sole discretion.
    3. You acknowledge and agree that you may not purchase products from the website for the purposes of resale. We may refuse to process request or Product Order if we believe in our sole discretion that you are purchasing for the purposes of reselling product.
    4. We do not accept requests from outside of New Zealand. If you are from outside New Zealand and we unknowingly agree to supply product to you for use or consumption outside New Zealand, you indemnify us against any liability that may arise as a result of us selling product to you.
11. Warranties
    1. The New Zealand Consumer Guarantees Act 1993 (CGA) may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These terms must in all cases be read subject to those statutory provisions and nothing in the following paragraphs is intended to limit your rights under the CGA unless you are a business or acquiring the products for a business purpose.
    2. Where the products are purchased for business purposes or used in a business:
       1. we expressly contract out of all provisions of the CGA to the fullest extent permitted by law;
       2. we will not be liable to you in any event, whether in contract, tort or otherwise, for any special, incidental, indirect or consequential loss or damage for any loss of goodwill or loss of profits for an amount in excess of that amount paid by you to ExpressTurtle for a Product Order.
    3. All representations, terms, warranties, guarantees or conditions whether express or implied but not limited to guarantees or conditions of merchantability, fitness for purpose and similarity to sample are excluded to the fullest extent permitted by law.
    4. You acknowledge and agree that you will not rely on any representation or statement made on behalf of ExpressTurtle other than the express provisions of these terms and conditions.
    5. You will ensure that the products are not used for any purpose for which they are not suitable and shall be responsible for the handling and care of all products.
12. Force Majeure

    We will not be liable to you or any other person for any delay or failure to perform any of our obligations under these Terms, or for any loss or damage therefrom, to the extent the delay or failure is caused by any event beyond our control.

13. No Assignment

    You may not assign any of your rights or obligations under these terms without the prior written consent of ExpressTurtle.

14. Severability

    If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

15. Law

    These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.

Contact information

ExpressTurtle
106 Kaimanawa Street
Palmerston North 4414
New Zealand

info@expressturtle.co.nz
(06) 350 2447