Terms & Conditions

TERMS & CONDITIONS

1. Application of Terms

1.1 These terms and conditions ('Terms') govern all supply of goods ('Goods') by Bethany Christian Missions Charitable Trust ('we', 'us') to the purchaser of Goods ('you', 'your') and apply at all times to your use of the Website.

1.2 The Terms are effective from 1 March 2022 and will replace any and all earlier Bethany Christian Missions Charitable Trust terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

1.3 We reserve the right to change these Terms at any time without providing notice to you. Notice may be given by posting the revised Terms on the Website.

1.4 Purchases from our online shop may only be made by persons who are acquiring goods for their own use or consumption, and you must not acquire goods from us via the Website for resupply (whether in trade or otherwise).

1.5 If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these Terms on behalf of that entity.

2. Definitions

In these Terms, uncles the context otherwise requires:

'Consumer Guarantees Act' means the Consumer Guarantees Act 1993, as that act may be amended or replaced from time to time.


'Delivery' means delivery of the Goods in the manner contemplated by clause 4.

'Defect Report' means notice given by you to us that the goods are faulty or damaged in accordance with clause 8.3.

'Fair Trading Act' means the Fair Trading Act 1986, as that act may be amended or replaced from time to time.

'Goods' means all goods supplied by us to you from time to time.

'GST' means goods and services tax as defined in the Goods and Services Tax Act 1985.

'Personal Information' means the same as it does in the Privacy Act 2020. This may include (but is not limited to) your name, age, gender, address, contact details such as phone number or email, payment information.

'Privacy Act' means the Privacy Act 2020, as that act may be amended or replaced from time to time.

'Website' means www.bethanycmct.co.nz

'Working Day' means a day, other than a Saturday or a Sunday, on which trading banks are generally open for over-the-counter business in Auckland.

3. Availability and Supply

3.1 All orders are subject to availability. If for any reason a product is not available, we will endeavour to notify the non-availability on our online shop.

3.2 Title to the Goods will remain with us until Delivery to your nominated address is complete.

4. Delivery

4.1 Prices for Goods stated on the Website are exclusive of any applicable delivery charges.

4.2 We only deliver to physical addresses in New Zealand. The cost of delivery is as stated on the Website and a total delivery cost will be provided in the order summary in your online shopping basket. Please note rural delivery may incur increased delivery charges – this is determined by our delivery company.

4.3 Risk of loss, damage or destruction of the Goods passes to you upon Delivery to your nominated address and we will not be liable for any loss or damage to the Goods following Delivery.

4.4 We will use all reasonable endeavours to ensure that orders will be dispatched promptly after an order has been placed. You will receive a confirmation email that your order has been dispatched.

4.5 If your order comprises more than one item, we may dispatch Goods in instalments and may not deliver all Goods to you at the same time.

4.6 We are not liable for any loss arising from a delay to Delivery. The timeframe for Delivery given on the Website is an approximate timeframe only and shall not be deemed to be of essence to the contract.

5. Pricing

5.1 All prices are in New Zealand Dollars and are inclusive of any GST and any other taxes, levies, or duties unless otherwise stated but are exclusive of delivery charges.

5.2 All prices are correct when published.

5.3 We reserve the right to change the price of goods at any time for any reason without notice to you.

5.4 An invoice will be emailed to you, at the email address you supply, when you place your order. You are responsible for ensuring that your contact details are correct.

6. Payment

6.1 You must pay for Goods purchased on the Website at the time of placing an order. Payment must be received prior to, and as a condition of Delivery of the Goods.

6.2 We accept the following credit cards:

• Visa
• MasterCard
• American Express

6.3 Other payment options include:

• Stripe

6.3 The name that will appear on your credit card statement is BCMCT.

7. Secure Shopping

7.2 All payments are processed via Stripes secure payments system to ensure high levels of payment security and are subject to Stripe's terms and conditions.

Click here to for Stripe's terms:
Services Agreement - New Zealand | Stripe | New Zealand

8. Returns and Exchanges

8.1 Once an order has been paid for, we are not required to provide a refund if you have changed your mind and wish to cancel the order, so please choose carefully.

8.2 If we have agreed to your request to return the Goods due to a change of mind then the Goods must be returned in the same condition and packaging in which they were Delivered along with a copy of your invoice within [14 days] of the date of Delivery.

8.3 Goods should be inspected upon Delivery and if the Goods are faulty or damaged it must be reported to us within 5 working days of Delivery of Goods. A Defect Report must be submitted to us via email in accordance with the Service of Notice requirements at clause 13.

8.4 Upon receipt of a Defect Report in accordance with clause 8.3 and clause 13, we will negotiate a refund or replacement.

9. Limitation of Liability

9.1 We will always endeavour to have complete and accurate information on the Website but to the greatest extent permissible by law we assume no responsibility for the completeness and accuracy of the information provided on the Website except as otherwise provided under applicable New Zealand law.

9.2 To the greatest extent permissible by law:

• We exclude all warranties, descriptions, representations or conditions in relation to the Goods provided by us implied by law, trade, custom or otherwise;
• Where Goods are advertised with reference to photograph(s) we will endeavour to deliver the corresponding Goods, however we do not warrant that the Goods we deliver to you will be identical to those displayed in the photograph(s);
• Our liability for any claim, damages, loss or expense related to the supply by use of Goods is limited to the cost paid by you for such Goods;
• We will not be liable, whether in contract, tort (including negligence) or otherwise for any indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity.

9.3 Our maximum liability to you (if any) shall be limited to the value of any faulty products supplied by us.

10. Consumer Guarantees Act

10.1 You agree if you are acquiring the Goods as a 'consumer' within the meaning given to that term by the Consumer Guarantees Act we will meet our obligations to you under the Consumer Guarantees Act.

10.2 You agree that if our Goods are provided to you for the purposes of any business activity you are involved with, the provisions of the Consumer Guarantees Act will not apply.

10.3 Nothing in these Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act except to the extent permitted by the Consumer Guarantees Act, and all provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.

11. Applicable Law and Jurisdiction

11.1 Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods are provided to you by us and irrespective of the location where you reside.

11.2 Use of the Website, supply of Goods by us to you and any other matter arising from these Terms are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all disputes arising in relation to these Terms or with the use of the Website.

11.3 If you access the Website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

11.4 You will be liable for all expenses and legal costs (on a solicitor-client basis) incurred by us as a result of any breach of you of our Terms or in recovery or attempted recovery of any money owed by you to us.

12. Privacy Policy and Confidentiality

12.1 We are committed to protecting your privacy and comply with the Privacy Act when dealing with Personal Information.

12.2 You authorise us to collect, use, disclose and retain your Personal Information in accordance with our Privacy Policy[ZS2] .

This policy sets out how we will collect, use, disclose and protect your personal information.

This policy does not limit or exclude any of your rights under the Privacy Act. If you wish to seek further information on the Privacy Act, see www.privacy.org.nz.

Changes to this policy:

We may change this policy by uploading a revised policy onto the Website. The change will apply from the date that we upload the revised policy.

This policy was last updated on March 1, 2022

HOW WE COLLECT YOUR PERSONAL INFORMATION:

We collect Personal Information about you from a number of sources including:

• you, when you provide that Personal Information to us, including via the Website and any related service, through any registration or subscription process, through any contact with us (e.g. telephone call or email), or when you buy or use our services and products.
• third parties where you have authorised this or the information is publicly available.

If possible, we will collect Personal Information from you directly. If we collect Personal Information from a third party, then this will be combined with other information we already hold about you.

How we use your personal information:

We will use your Personal Information:

• to verify your identity
• to provide services and products to you
• to market our services and products to you, including contacting you electronically (e.g. by text or email for this purpose)
• to improve the services and products that we provide to you
• to undertake credit checks of you (if necessary)
• to bill you and to collect money that you owe us, including authorising and processing credit card transactions
• to respond to communications from you, including a complaint
• to conduct research and statistical analysis (on an anonymised basis)
• to protect and/or enforce our legal rights and interests, including defending any claim
• for any other purpose authorised by you or the Privacy Act.

We may use Personal Information that we collect about you to provide products to you and to administer orders and payments relating to your purchases from us.

Disclosing your personal information:

We may disclose your Personal Information to:

• any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the Website or other services and products
• a credit reference agency for the purpose of credit checking you (if necessary)
• other third parties (for anonymised statistical information)
• a person who can require us to supply your Personal Information (e.g. a regulatory authority)
• any other person authorised by the Privacy Act or another law (e.g. a law enforcement agency)
• any other person authorised by you.

Protecting your personal information:

We will take reasonable steps to keep your Personal Information safe from loss, unauthorised activity, or other misuse. We will only disclose your Personal Information as required by law.

Accessing and correcting your personal information:

Subject to certain grounds for refusal set out in the Privacy Act, you have the right to access your readily retrievable Personal Information that we hold and to request a correction to your Personal Information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the Personal Information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the Personal Information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the Personal Information that you requested the correction.

If you want to access or correct your Personal Information, you can contact us in accordance with clause 13.2 of the Terms. Your correspondence should provide evidence of who you are and set out the details of your request (e.g. the Personal Information and/or the correction, that you are requesting). You can make this request at any time.

We may charge you our reasonable costs of providing to you copies of your Personal Information or correcting that information.

Internet use:

While we take reasonable steps to maintain secure internet connections, if you provide us with Personal Information over the internet, the provision of that information is at your own risk.

If you post your Personal Information on the Website's [message board/ chat room], you acknowledge and agree that the information you post is publicly available.

If you follow a link on the Website to another site, the owner of that site will have its own privacy policy relating to your Personal Information. We suggest you review that sites privacy policy before you provide them with your Personal Information.

CONTACTING US:

If you have any questions about this Privacy Policy, our privacy practices, or if you would like to request access to and/or a correction of your Personal Information, you can contact us in accordance with clause 13.2 of the Terms.

Unless you choose to receive messages from us we will not contact you again in future. If you have elected to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of the Website. Where you choose not to enable cookies from the Website, some functionality of the Website may not be available to you.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that the Website is secure, and we cannot be held responsible for a breach of the Website security that is beyond our control.

13. Service of Notices

13.1 If we are required to or may give notice to you under these Terms, we may send that notice to an address you provided in your Order (including your email address).

13.2 If you are required to or may give us notice under these Terms, you may send that notice to:

By Post: [Insert PO Box or postal address]

By Email: bethanycmct@xtra.co.nz

14. Intellectual Property

14.1 We are the owner of all intellectual property on the Website.

14.2 The Website is intended for your personal non-commercial use only. Any use of the Website and its contents for purposes other than personal non-commercial use is prohibited with our prior written permission.

15. General Conditions

15.1 We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on the Website.

15.2 Any delay to enforce any terms or exercise our rights under these Terms at any time, does not mean we have not waived those rights and will not stop us from enforcing those rights.

15.3 Should any provision (or part thereof) of these Terms be held to be invalid or unenforceable for any reason, that provision (or part thereof) will be deemed to have been deleted and the remaining provisions shall remain in full force.

15.4 Unless any provision of these Terms expressly provides otherwise, these Terms are not intended to confer a benefit nor create an obligation on any person other than you or us.

15.5 These Terms and any dispute arising out of or in connection with the Terms or the Goods will be governed by the laws of New Zealand. The New Zealand Courts will have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Goods.