Terms and Conditions

WEBSITE TERMS OF USE

 

  1. Use of Website Terms and Conditions

 

1.1.   Access to the secure areas of the website (shop.consortia.co.nz) (the "Website") is restricted to persons who are authorised customers of Millennium Capital Limited ("Consortia”). Access by unauthorised persons is strictly prohibited.

 

1.2.   By accessing, browsing and/or using this Website, each Customer is expressly agreeing to abide by the terms and conditions referred to in this document ("Terms of Use").

 

1.3.   Each Customer should read the Terms of Use prior to using this Website.

 

1.4.   Although Consortia may notify Customers of a change in the Terms of Use it is under no obligation to provide such notice and reserves the right to amend the Terms of Use at any time without notice.

 

1.5.   It is the Customer's responsibility to read and be familiar with these Website Terms of Use.

 

  1. Purpose

 

2.1.   This Website is provided for the purposes of allowing the Customer to do the following with an industry standard browser:

(a)    access as presented on this Website information about Consortia, the terms of the relationship between Consortia and the Customer, and the goods and/or services presented on this Website; and

(b)    communicate to Consortia the Customer's desire to purchase goods and/or services presented on this Website.

  1. Registration

 

3.1.   Upon registration and the opening of an account with Consortia, Consortia will authorise the Customer to become a Registered User. Customers will be notified once their Consortia account has become fully activated.

 

3.2.   Registered Users will have access to secure areas of the Websites and may place orders with Consortia for goods and/or services presented on this Website.

 

3.3.   Notwithstanding anything in the Terms of Use or any other agreement between the Customer and Consortia, all orders are subject to the acceptance of Consortia and no order will be deemed to be accepted by Consortia until such acceptance is communicated in writing to the Customer.

 

3.4.   In addition to any other information Consortia thinks relevant, in deciding whether to accept an order placed by the Customer, Consortia may have regard to:

 

(a)    the Customer's account with Consortia;

(b)    the Customer's credit status; and

(c)     any previous dealings between Consortia and the Customer.

3.5.   The Customer is prohibited from making use of automated systems (bots) to access the Website posing as Users (a practice known as 'site scraping').


 

  1. Website Use

 

4.1.   The Customer must:

 

(a)    use this Website in accordance with the Terms of Use;

(b)    if under the age of 18, obtain a parent or guardian's consent prior to using this Website.

4.2.   The Customer is responsible for maintenance and supply of all their own hardware and software used to access the Website and the Internet.

 

4.3.   The Customer must not:

(a)    use this Website to post or transmit any information or materials in breach of any laws or regulations;

(b)    use the Website to infringe another parties copyright;

(c)     use the Website to infringe a third party's privacy;

(d)    use the Website to defame, harasses, threaten, menace or offend another person;

(e)    post illegal, obscene, indecent, inflammatory or pornographic material or other material that could give rise to civil or criminal proceedings;

(f)      use the Website to send unsolicited, commercial or bulk email;

(g)    tamper with the settings of the Website;

(h)    use the Website to do anything that constitutes an offence under any law or regulation;

(i)      aid or assist any person to do any of the above acts.

 

  1. Security

5.1.   It is the Customer's responsibility to ensure that all details including all telephone, email and address details are correct and current.

5.2.   The Customer must maintain confidentiality on all matters communicated to them by Consortia.

5.3.   The Customer must comply and obey all instructions and directions issued to it by Consortia regarding the use of the Website or membership details.

5.4.   The Customer must not send or disclose its membership details to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it unless the details are disclosed to an authorised agent or employee ("Authorised Person") of the Customer and that Authorised person agrees to be bound by the Terms of Use.

5.5.   The Customer must immediately notify Consortia in writing if they become aware that the confidentiality of the membership details has been compromised or there has been an unauthorised use of the Customer's Consortia account. Notice given to Consortia does not release the Customer from the Terms of Use.

5.6.   In the event of an unauthorised use, Consortia will take reasonable steps to deactivate the Customer's Account and issue the Customer with new membership details within a reasonable time.

 

  1. Privacy

 

6.1.   Your privacy is important to us. Please read Consortia’s Privacy Statement at shop.consortia.co.nz/privacy-policy/ as it describes the types of information we collect from you and how we use that information. The Customer agrees that Consortia may use and provide personal information about its Customers that is collected on the Website. The collection and provision of collected information is subject to privacy laws and Consortia will comply with its Privacy Statement in dealing with any personal information. 

 

  1. Disclaimer

 

7.1.   The content, products and services on the Website provided on an 'as is' basis. Consortia does not represent the contents of the Website as being accurate, comprehensive, complete, verified or error free.

 

7.2.   Consortia gives no guarantee that the Website will always be accessible and available and/or fault or virus free.

 

7.3.   Prior to using any download Consortia recommends the user carry out an appropriate virus check as Consortia does not accept any liability for any computer viruses transmitted in connection with the use of this website.

 

7.4.   All trademarks displayed on this website belong to their respective owners unless otherwise indicated.

 

7.5.   Visitors to the Website are under an obligation to take all reasonable steps to minimise the extent of loss suffered as a result.

 

7.6.   The Customer releases Consortia from all liability whether in contract or tort (including negligence), to the maximum extent permitted by law as to the quality and fitness of purpose of the goods and services available on this Website.

 

  1. Third Party

 

8.1.   The Website may contain links to other web sites operated by third parties ("Third Party Web Sites"). Consortia does not endorse, or approve of the operators of those Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").

 

8.2.   Subject to any applicable law which cannot be excluded, Consortia makes no warranties or representations:

(a)   regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or

(b)   that Third Party Material does not infringe the intellectual property rights of any person. Consortia is not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material.

8.3.   All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. Consortia expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

 

8.4.   Consortia may receive payments, fees and/or commissions from third party operators for goods or services supplied by the operator as a result of you linking to the Third Party Web Site from the Website. The Customer consents fully to Consortia receiving such payments, fees and/or commissions.

 

8.5.   Third party products, services and information ("Third Party Content") are not provided or endorsed by Consortia. Where it is apparent that Third Party Content is not provided by Consortia or the Customer has left the Websites, the Customer's legal relationship in respect of the Third Party Content is with the third party provider.

 

 

  1. Change of Terms of Use

 

9.1.    These are the current Terms of Use. They replace any other terms of use for the Website. Consortia may at any time vary the Terms of Use by publishing the varied Terms of Use on the Websites. The Customer accepts that by doing this, Consortia has provided sufficient notice of the variation.

 

9.2.   Consortia reserves any rights not expressly granted in these Terms of Use.

 

  1. Termination

 

10.1.The Customer may stop using the Website at any time, for any reason.

 

10.2.Consortia may immediately suspend or limit the Customer's access to the Website if:

 

(a)    the Customer is in breach of the Terms of Use and the breach cannot be remedied or the Customer has failed to remedy breach within thirty (30) days of being notified of the breach;

(b)    Consortia has reasonable grounds to believe that there is a real risk of loss or damage to us or another party unless Consortia suspends or limit usage;

(c)     the law requires Consortia to do so;

(d)    access to the Websites becomes illegal; or

(e)    there is an emergency.

10.3.The Terms of Use are effective until terminated by Consortia.

 

10.4.Consortia may terminate these Terms of Use and the Customer’s access to the Website at any time without notice.

 

10.5.In the event of termination, the Customer is no longer authorised to access the Website, but all restrictions, disclaimers and limitations of liability remain enforceable.

 

10.6. Termination will not affect any legal right that may have accrued to Consortia against the Customer up to the date of termination.

 

10.7. These Terms of Use shall be governed by New Zealand law and the parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

 

10.8.If any of the terms in this Terms of Use are invalid for whatever reasons, they will be struck out and the remaining terms will remain in force.

 

10.9. A failure by Consortia to pursue a breach of the Terms of Use by the Customer does not waive any rights Consortia has to pursue the Customer for a similar or subsequent breach.

 


 

Consortia Terms and Conditions of Supply to Consumer Customers

 

1.1.      In these Terms and Conditions, the following definitions shall have the following meanings:

“Account” means a personal account created by You on the Website in order to purchase Products from the Website;

“Order” means an order for Products placed on the Website;

“Password” means the password You have set in order to access Your Account;

“Website” means shop.consortia.co.nz.

 

1.2.      These Terms and Conditions constitute a legally binding contract between the customer (“You”) and Millennium Capital Limited (CN 3730541) (“Consortia”) and apply to the ordering purchase, fulfilment and delivery of products (“Products”) from the Website for your personal use (as opposed to purchase for the purposes of a business). By placing an order for Products from Consortia on the Website for such personal use you agree to these Terms and Conditions. The Terms and Conditions include the Terms of Use and the Privacy Statement (shop.consortia.co.nz/privacy-policy/).

1.3.      Your purchase of Goods will be subject to certain laws including, without limitation, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Consumer Guarantees Act) which cannot by law be excluded, restricted or modified.               

 

1.4.      If you do not already have an Account you will need to create one before placing an Order.

 

1.5.      You may not set up an Account for someone else.

 

1.6.      Please ensure that you enter all information correctly when creating an Account.  You warrant to Consortia that all information provided by you in relation to your Account is complete, true and accurate.

 

1.7.      You must notify Consortia immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

 

1.8.      Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Consortia will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Consortia ,whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

1.9.      If Consortia suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Consortia then you must pay Consortia the amount of that loss, damage, cost or expense if Consortia asks you to. 

 

1.10.   Notwithstanding anything in these Terms and Conditions or any other agreement between you and Consortia, all orders are subject to the acceptance of Consortia and no order will be deemed to be accepted by Consortia until such acceptance is communicated to you in writing.

 

1.11.   In addition to any other information Consortia thinks relevant, in deciding whether to accept an order placed by you, Consortia may have regard to:
(a) Your account with Consortia;

(b) Your credit status; and

(c) any previous dealings between Consortia and you.

Consortia reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the above.

1.12.   You may print a hard copy of an order placed on the Website. The presentation of an order confirmation indicates only that Consortia has received the order.

 

1.13.   If you wish to cancel an order it must do so by contacting a Consortia customer sales representative, accounts manager or other authorised person and quote the order number. Orders may not be cancelled after 60 minutes of order placement or if the Products have left Consortia's storage facilities.

 

1.14.   All prices and products displayed on this Website and offered by Consortia are subject to change without notice. It is your responsibility to check the price of a Product before placing an order for it.

 

1.15.   In addition to the price for the Products, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.

 

1.16.   If Consortia agrees to deliver Products outside of New Zealand, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.   

 

1.17.   By placing an Order you agree to pay the price for the Products, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

 

1.18.   All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in New Zealand dollars and are inclusive of GST.

 

1.19.   Upon receipt of your payment, Consortia will deliver the Products to the address nominated by You in accordance with the invoice.

 

1.20.   Consortia will take all reasonable steps to achieve delivery on or about the date nominated for delivery however Consortia will not be liable for any delay or failure to deliver the Products on the nominated date or for any loss or liability by You to a third party.

 

1.21.   It is Your responsibility to provide Consortia with access to Your premises at the time nominated for delivery. On delivery You may be required to sign a proof of delivery document. If you are not available to take delivery your Products will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address. If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Consortia may charge you a reasonable fee for doing this.

 

1.22.   Risk in the Products passes to You on delivery of the Products.

 

1.23.   You should check Your Products as soon as they are delivered to you in order to ensure that:
(a) they are what you ordered; and

(b) they are not damaged or faulty. If this is not the case you should contact Consortia on https://shop.consortia.co.nz/contact-us as soon as possible.

1.24.   If you have a problem with any Products or otherwise wish to return them please contact us on https://shop.consortia.co.nz/contact-us.

 

1.25.   When returning Products:

(a) please provide Consortia with your proof of purchase;

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that You use Your best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase;

(c) You are also encouraged to use the original packaging where possible in order to avoid damage in transit.

1.26.   You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Products themselves.

 

1.27.   Consortia is not liable for any loss of profits, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.

 

1.28.   These are the current terms and conditions for consumer customers who acquire Products from the Website. Consortia may at any time vary these terms and conditions by publishing the varied terms and conditions on the Websites. The Customer accepts that by doing this, Consortia has provided sufficient notice of the variation.

 

1.29.   Consortia reserves any rights not expressly granted in these terms and conditions.

 

1.30.   These terms and conditions shall be governed by New Zealand law and the parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

 

1.31.   If any of these terms and conditions are invalid for whatever reasons, they will be struck out and the remaining terms will remain in force.