Acceptance of Terms
We are glad you took time to check out our Terms and Conditions! To make a lasting impressions, as we are a small company delivering brand new and used power tools products of choice to our customers within New Zealand, we need to make a couple of things understood. Any inquiries, please reach out to us! We are always glad to help.
This Agreement contains the complete terms and conditions that apply when you visit www.toolmarts.co.nz/ (hereafter referred to as “the Website”) or choose to browse the contents herein. By using the website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or written agreements, representations, warranties and understandings with respect to the Website and the order placed through the Website, which is the subject matter of this Agreement.
We provide access to and use of the toolmarts website subject to the following terms and conditions which may be updated by us without notice to you. BY USING OR ACCESSING THE WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE CEASE USING THE WEBSITE.
Anу nеw арр, products, fеаturеѕ оr tооlѕ whісh аrе аddеd tо thе wеbѕіtе ѕhаll also bе ѕubjесt tо thеѕе tеrmѕ and conditions. Yоu саn rеvіеw thе mоѕt сurrеnt vеrѕіоn оf thе tеrmѕ and conditions аt аnу tіmе оn thіѕ раgе.
1.2 Toolmarts IS A RESELLER of brandnew and used Power tools within New Zealand
2. Definitions
2.1 “TOOLMARTS” means www.toolmarts.co.nz Limited also referred to as “we” or “us” in these Terms and Conditions;
2.2 “Catalogue” means the catalogue of products and services offered by toolmarts;
2.3 “Force Majeure” means any cause affecting the performance by toolmarts of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or disease or industrial dispute affecting a third party;
2.4 “Customer” means a customer or potential customer of toolmarts;
2.5 “Products” means the products listed for sale on our website, which can be purchased by the Customer;
3. Orders
3.1 All contracts of sale made by toolmarts shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the Customer. Cancellation of orders is subject to terms and conditions provided in the Shipping and Returns Section of our website. Nothing in these terms and conditions is intended to impose upon a Consumer’s statutory or contractual rights to reject faulty goods.
3.2 All orders are subject to acceptance and to availability of the goods ordered: toolmarts is entitled to refuse any order placed by you.
3.3 You undertake that:
3.3.1 all details you provide to us for the purpose of purchasing goods or services offered on our website are correct, and
3.3.2 The credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
4. Prices
4.1 All prices are exclusive of any applicable Value Added Tax (VAT) or any other sales taxes, for which (if applicable) the Customer shall be additionally liable.
4.2 Toolmarts reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the price of the Goods to reflect any changes in specifications for the Goods which are requested by the Customer or are necessary as a result of any delay caused by (a) the Customer’s instructions or (b) the Customer’s failure to provide adequate information or instructions to the Seller.
5. Ordering
5.1 You can place order with us by using our internet site: www.toolmarts.co.nz
5.2 Once we have confirmed your order, it will be processed within 1-2 days and we will send confirmation via email that your order has been dispatched.
5.3 Please note that we use the e-mail address that you have given us on the web when placing your order
6. Delivery Terms, Methods and Process Time
6.1 toolmarts shall use reasonable endeavours to dispatch goods within reasonable timeframe starting from the day on which the order is placed for the product depending on the customer’s location. And we do not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay.
6.2 For our pre-orders which are mostly from US, we normally wait until the container arrives in New Zealand and then we will ship them to customers. This will be clearly stated on our website prior to check out. Once you order for any of our product on a pre-order basis, we will set an expected delivery date based on our calculations on when container is likely to arrive, this may not be accurate at all times as we do not have control over the shipping company’s lead times. You are advised to review our expected delivery time very well and ensure that you are completely satisfied with it before moving forward with your order, once order is placed, we will not be able to process or accept cancellation of such order. When you placed order for a pre order product, you automatically agreed to wait for the specified delivery period which is subject to change at anytime due to unforseen circumstances but this will be duelly communicated with you.
6.3 The Goods are at the risk of the Seller from the time of their delivery by the Seller to the Designated Carrier. If for any reason the Customer will not accept delivery of any of the Goods when they are ready for dispatch to the Designated Carrier, or the Seller is unable to dispatch the Goods to the Designated Carrier on time because the customer has not provided appropriate instructions, documents or authorizations, risk in the Goods will pass to the Customer (including for loss or damage caused by the Seller’s negligence) from the moment of a signed POD (proof of delivery), the Goods will be deemed to have been delivered, the Seller may store the Goods until delivery whereupon the Customer will be liable for all related costs.
6.4 If the Customer cannot accept delivery, toolmarts may at its option:
(i) Store and insure the goods at the Customer’s expense and risk or
(ii) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
(iii) Re-arrange delivery provided that toolmarts may charge the Customer for the additional delivery costs incurred.
6.5 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Toolmarts shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
7. Product Availability
7.1 Our website is regularly updated throughout the day, to ensure that we provide accurate details on product availability and the listed lead-time is regularly updated. We endeavour to ensure availability on all our advertised items is constant, however we cannot warranty availability. In the unlikely event that your chosen item is unavailable we will contact you ASAP to advice of expected delivery dates. If a product that has been ordered is still not available after the indicated waiting period has elapsed, we will contact you by e-mail or by phone in order to propose an extension to the waiting period or to suggest a different product. If a product is shown as being out of stock in our internet site there is still a chance that one of our suppliers may have stock. If you wish to check this you can send us an e-mail
8. Product specifications
8.1 Toolmarts makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
8.2 If toolmarts cannot supply the goods ordered by the Customer, we reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to toolmarts in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
9. Trade names and Trade Marks
9.1 Trade names and marks (other than toolmarts’) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
10 toolmarts’ liability
10.1 In its dealings with Customers, toolmarts shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description).
10.2 Nothing in this agreement shall limit toolmarts’ liability for death or personal injury caused by its negligence.
11. Intellectual Property
11.1 This site and all of its contents including, but not limited to, all text and images (“content”) are owned and copyrighted by toolmarts, with all rights reserved unless otherwise indicated. The content, without the express written permission of toolmarts or the rightful owner, may not be distributed, downloaded, modified, edited, reused, reproduced, transmitted, performed, displayed, or otherwise used by any physical or electronic means, except as provided herein.
Any content that is a trademark, logo, or service mark is also a registered and/or unregistered trademark of toolmarts.
12. Force Majeure
12.1 Where, in spite of its reasonable efforts, toolmarts is unable to perform an obligation due to circumstances beyond its reasonable control, such as government policy, disease outbreak, fire etc, it shall not be deemed to be in breach of its contract with the Customer.
SECTION 2
PROHIBITED USES OF THE SITE
You may use the Site only for lawful purposes and in accordance with these Terms and conditions of use.
You agree not to use the site In any way that violates any applicable federal, state, local or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate toolmarts, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the aforementioned).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the site, or which, as determined by us, may harm toolmarts or users of the site or expose them to liability.
Additionally, you agree not to:
"Scrape" or disaggregate data from the site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
Introduce any viruses, trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the site, the server on which the site is stored, or any server, computer or database connected to the site.
Otherwise attempt to interfere with the proper working of the site
Indemnification
You agree to indemnify and hold toolmarts, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse toolmarts with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this agreement or use by you or any third party of the services.
Severability of Terms
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Entire Agreement
This Agreement shall be governed by and construed in accordance with the substantive laws of New Zealand, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the contents and materials provided by or through the Website, and the subject matter of this Agreement.
