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"Goods" means all goods supplied from time to time by us to you, provided that:
where the Goods supplied are your Inventory, then all references to Goods in these Terms shall in respect of those Goods, be read as references to Inventory; and where the Goods supplied are not Inventory then all references to Goods in these Terms shall in respect of those Goods, mean the goods described in anyone or more of the relevant order form packing slip or invoice (or its equivalent, whatever called) relating to those goods, on the basis that each such order form ,packing slips or invoice (or its equivalent) shall be deemed to be incorporated in, and form part of these Terms "Inventory" has the meaning given to that term in the PPSA. Unless the context or otherwise requires, words and phrases shall have the meanings given to them in or by virtue of, the PPSA. "PPSA" means the Personal Property Securities Act 1999 as amended or substituted from time to time.
Any Goods or services supplied to you shall be subject to these Terms unless we agree in writing to change them. If you accept Goods or services from us, those actions by you will be deemed to be acceptance of these Terms, notwithstanding anything that may be stated to the contrary in your enquires or your order.
Unless otherwise agreed in writing all freight, insurance, delivery and travel charges will be additional to any price quoted.
All quoted prices are in New Zealand dollars only (NZD). All credit card charges will be made in NZD.
Payment for all goods is by credit card only. Orders are subject to payment verification and acceptance before they are shipped.
Only The Best employs Direct Payment Solutions (DPS) for online credit card processing. The DPS website uses SSL (Secure Sockets Layer) technology. This is a method of ensuring that information submitted is secure and cannot be accessed by unauthorized users. Your credit card information is encrypted using a special certificate key and then decrypted with another key after it has been transmitted. When you access the DPS website secured with SSL you will see the url prefix change from http: // to https: //.
5.1 Ownership in the Goods shall not pass upon delivery, but shall remain with us until full payment of all monies owing by you to us has been made. Until all monies have been paid; You hold the Goods supplied as fiduciary for us and will deal with them as agent for and on behalf of us (but will not hold yourself out as our agent to any third parties); You shall store our Goods separately consistent with the Goods being our property, and ensure such goods are able to be separately identified; You irrevocably give us and our agents the right to enter your premises, to remove any of the Goods supplied and resell them. You agree to indemnify us (and our agents) against any liability incurred in connection with such entry and removal;
6.1 If we are delivering the Goods to you, we will use all reasonable endeavors to see that deliveries are made according to schedule, but shall not be responsible for delivery delays due to causes beyond our control.
6.2 Risk in respect of the Goods sold shall pass to you when the Goods are delivered to you, or the time you receive the Goods, whichever is earlier.
7.1 Details of warranties available, if any will be provided upon request but are subject to clauses 8.2 and 8.3. Except to the extent of written warranties given by us to you, all warranties and representations in respect of Goods sold or services supplied are excluded, including (to the extent permitted by law) those expressed or implied by law. Where any written warranty conflicts with clauses 8 2 or 8 3 the provisions of clauses 8.2 and 8.3 as applicable shall apply. 7.2 We shall not be liable: Where you have altered or modified the Goods, mis-applied the Goods, or have subjected them to any unusual or non-recommended use servicing or handling: For loss caused by any factors beyond our control; For any indirect or consequential loss of any kind: Where the terms of any written warranty nave not been complied with, or any manufacturers' handbook provided to you has not been complied with.
7.3 Our total liability under any warranty for defective or damaged Goods supplied by us, or in relations of services is limited at our option to either; replacing or repairing the defective or damaged Goods; or refunding the price of the defective or damaged Goods.
7.4 Any Goods returned to us must be returned freight paid. You can claim for any reasonable freight charges. Where we elect to repair defective Goods, we will use all reasonable endeavours to repair the Goods as soon as possible, but will not be liable for any delay in completing the repairs.
You may not cancel any orders for Goods or part of it without our written consent. If you do so, in addition to any other rights we may have, we may incur a financial penalty to you of 25% of the order value at our discretion. We shall have the right to cancel any orders for Goods which we have accepted ; if due to circumstances beyond our control it would be impractical or unreasonable to fill the orders if any information supplied by you is materially incorrect, or if in our opinion a satisfactory servicing or repair cannot be achieved.
8.3 Governing Law
These Terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand courts will have non-exclusive jurisdiction in respect of all matters between us.
8.4 The Privacy Act
You and any guarantor (if relevant) authorise us to collect and hold personal information from any source we consider appropriate to be used for the purposes of determining credit worthiness, for communicating promotional activities and product information, for debt collection purposes, or for any other related purpose.
8.5 Consumer Guarantees Act (CGA)
If the CGA applies these terms and conditions shall be read subject to your rights under the CGA provided that where you are acquiring goods or services for business purposes the CGA shall not apply.
Only The Best is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Only The Best may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1 April 2012.
We may collect the following information:
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Please note: You have the option of opting out of any email newsletters received in your account settings.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You may choose to restrict the collection or use of your personal information in the following ways:
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect. We will not sell, distribute or lease your personal information to third parties unless required by law to do so.
Occasionally, you may purchase a product that doesn't suit you or simply doesn't fit. Our 15 Day Right of Return Policy allows you to shop with absolute confidence. If you are not 100% satisfied with your purchase, you can rest assured that we will happily accept returns for up to 15 days after you have made your purchase (please refer to our returns policy for more information).
Please note - we ask that the customer covers the return shipment fee.
1) Send us an email: [email protected] with details on:
Reason for Return
Desired exchange - Refund, Store Credit or Exchange.
2) Package your return in the original carton it arrived in (goods in a new and unmarked condition)
3) Send your return via an insured carrier to:
Only The Best Returns
22 Taurarua Terrace, Parnell
Please allow 2 – 10 working days for an exchange or a credit to be processed. Keep a record of your shipment until you have received your replacement, credit or refund. If you require your return to be processed sooner, please call and let us know.
Consumer Guarantees Act 1993
The Consumer Guarantee Act sets out minimum standards for goods sold by onlythebest.co. In the event that goods sold are not of good quality or are faulty, the customer has the right to a repair, replacement or a refund.
FAIR TRADING ACT 1986
The Fair Trading Act is designed to protect the customer being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing; where the product was made; where the product is from; the meeting of New Zealand safety standards; availability of products in store and the sales techniques used. The Commerce Commission enforces the Fair Trading Act 1986.
There are four options available for our customers who would like to return a product -
If a product is unsatisfactory, we can offer to exchange it for another one (i.e. a different size or colour etc) or another product of the same value. Please note, as mentioned above, products returned or exchanged must be unused, in a resalable condition with original packaging.
While we do everything we can to make sure our stock levels are accurate at all times there may be occasions due to unforeseen circumstances where we are unable to fulfill your order or source a replacement product If this should occur we will contact you and offer either a store credit for the value of your purchase or a full refund. Please note that we cannot offer a backorder or "rain check" facility.
2. Money Back Guarantee
Our money back guarantee is a key aspect of our business. If a customer has proof that they purchased the goods from Only the best within the last 12-months, they may obtain a refund. A refund will be made in the same tender as the original purchase.
3. Credit Note
The issuing of credit notes provides an alternative to a refund or exchange. These credit notes can be used to purchase anything from the Only the best website. Credit notes cannot be exchanged for cash and will not be generated for amounts less than $2.00.
If the returned product is deemed faulty in any way, and is still under warranty, then the repair will be at our expense. If the product is out of warranty, then we can still have the product repaired, however, the cost of the repair will be charged to the customer.
Please wait 2 - 3 working days for your package to arrive if you live in the city. Rural (RD) addresses may take a little longer on occasion.
We use Courier Post within New Zealand, packages with tracking numbers can be traced at http://www.courierpost.co.nz
For international orders - we offer two options for all regions.
1) Air-mail: (4-10 business days)
USA / UNITED KINGDOM / EUROPE / ASIA / PACIFIC: NZ $15
2) Australia Priority Airmail (3-5 business days Tracked - via EMS)
AUSTRALIA: NZ: $20
3) Global Priority Airmail (3-6 business days Tracked - via EMS)
All other countries than Australia: USA / UNITED KINGDOM / EUROPE / ASIA / PACIFIC: NZ $25
Air-mail (Option 1) is safe and a great option. If you want your package a little faster, as well as having full tracking capabilities - (Option 2) is the one for you.
This shipping time does not take into consideration the chance that your package may be processed for customs at your local destination - which can take 1-3 days. Only the best Ltd isn't responsible for any local customs fees/duties/charges that may be applicable - we leave that up to you.
Spend $150 or more and receive free worldwide shipping. Free shipping option utilizes standard airmail 4-10 days. Additional shipping and insurance may be purchased through checkout.
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