Terms & Conditions
These terms and conditions of trade apply to all sales. Your access to, and use of, this website (www.oysterbutler.com) (the “website”) and your purchase is subject to the following terms and conditions. By using the website or by placing any order for the delivery, you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.
You can get in touch with us via the [“Contact”] section on the website, or by emailing us at email@example.com
“Customer”, “you” and “your” means you and any other person who orders a product for delivery from the website.
“OysterButler”, “we” and “our” means, trading as Oyster Butler, and includes its related companies, directors, officers, employees or agents.
PRICE AND PAYMENT
The prices are inclusive of GST. All amounts are in New Zealand dollars.
OysterButler will invoice you and deduct the payment from your credit card on order.
You must pay OysterButler for the products purchased by credit card through the website. Charges will appear on your credit card as Oyster Butler.
If your credit card is declined by its financial institution or fails to process for any reason, we may decline to deliver the relevant order and/or we will contact you to make alternative payment arrangements.
You are liable for all costs associated with debt collection where you default in payment for any order.
RETURN AND REFUNDS
If any product doesn’t correspond with what you have ordered, or you believe it was delivered to you in a damaged or spoiled condition, please contact us at firstname.lastname@example.org as soon as possible following delivery (and in any event, no later than three days after the date you received the product). We may require photographic evidence and/or a sample of the damaged or spoiled product. If we agree that any product was incorrectly delivered, or delivered to you in a damaged or spoiled condition, then we will either refund the value of the product by crediting your credit card, crediting your account balance in your online account, or replace that product where replacement is possible.
Deliveries will, subject to these terms and conditions, be made to the address stated in your order or as agreed by us in writing. If there is no person to accept delivery of the order, the product will be left at the front door or as instructed by you in your order, and will be deemed to have been delivered at that point in time.
We will deliver the order to you in such manner and form of transport that we consider appropriate.
We will be entitled to assume that any person accepting delivery of the order at the delivery address is authorised to accept delivery.
Delivery may be delayed from time to time. OysterButler will aim to deliver by our target delivery times, but we will not be liable for failure to deliver on a timely basis. If we think that the delivery of your order is likely to be delayed, we will contact you.
OysterButler will make every effort to fulfil orders placed through the website, however if we are unable to supply a product for any reason whatsoever we will provide you with one days written notice via email.
OysterButler may delay dispatch of orders due to stock availability and you will be notified if this will affect our target delivery times.
OWNERSHIP AND RISK
Ownership, responsibility and risk in the products shall pass to you on delivery to you at the delivery address.
The Consumer Guarantees Act 1993 (“CGA”) and Fair Trading Act 1986 (“FTA”) apply with regard to any statutory warranties, conditions and other obligations imposed on OysterButler.
You must ensure that the products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling, storing and using the products.
Subject to any rights you may have under the CGA and FTA, the liability of OysterButler whether in contract, tort or otherwise for any loss, damage or injury arising directly from any defect in, or non-compliance of, a product or any other breach of OysterButler’s obligations under these terms and conditions will not in any event exceed an amount equivalent to the price of the relevant product.
OysterButler will have no liability to you if we are prevented from performing any of our obligations under these terms and conditions as a result of events occurring beyond our reasonable control (including shortage or unavailability of products or delay in transit).
OysterButler shall use its reasonable endeavours to prevent any unauthorised entry into the website. However, OysterButler will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
We reserve the right to make changes to the information provided on the website at any time and without notice.
You agree not to use the website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the website for your own personal use but otherwise neither the website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without OysterButler’s prior written consent. You agree that you will not interfere with any other party’s use and enjoyment of the website, or damage the operation of the website, or OysterButler’s systems or those of other persons who use the website, whether by way of a virus, corrupted file, any other software or program, or otherwise.New Zealand law governs the use of the website and these terms and conditions.