Terminology

In these terms and conditions, the following expressions have the meanings set out:

1.   'item' or 'items' means goods or services that may be bought through the website;

2.   'member' means a registered member of the IDL web site;

3.   'services' means any, one or more of the services offered by Imports Direct Ltd from time to time, including any other service that IDL may offer;

4.   'we', 'us' and 'our' are a reference to Imports Direct Ltd;

5.   'you' and 'your' are a reference to you;

6.   'web site' means any IDL web site through which the services are offered; and

7.   'listing' means a listing on the web site through which you buy any item.

Terms of Registration

Becoming a Member: Becoming a member is free. You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.

Accurate Information: You warrant that you have provided complete, accurate and current personal or corporate information when registering as a member. You must maintain and update your personal information held by IDL to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). IDL may phone or mail you to verify these details.

Termination of Membership: IDL reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, IDL may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

Login Information Security: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

1.   not to permit any other person to use your user name or membership; and

2.   not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.

Acceptance of Terms and Conditions: The terms and conditions are the terms on which IDL (Imports Direct Limited) offers you access to the services and the web site. By registering as a member of IDL you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.

Amendment of Terms and Conditions: These terms and conditions may be amended in whole or in part by IDL from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.

These Terms and Conditions were last updated:  23rd July 2004

Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of IDL to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. IDL's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction.

Breach: Without limiting any other rights and remedies available to IDL, IDL may limit your activities on the web site, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where IDL considers it appropriate.

Terms of Trade

Goods and Services Tax (GST): All prices are exclusive of 12.5% GST.

Freight: Local freight/courier charges are additional. IDL will send goods via the fastest and most cost efficient way unless otherwise specified by the client.

Payment Terms: All new accounts will be opened on a cash payment basis (payment before dispatch/removal of goods from IDL's premises) until a purchasing history has been established with IDL. All new accounts are subject to a credit application and approval procedure. All accounts are to be paid in full on or before the 20th of the month following delivery / invoice, unless an alternative arrangement has been made with, and approved by IDL.

Indent Orders: All indent and overseas orders require a 50% deposit and balance of payment on delivery unless otherwise arranged and approved by IDL. These conditions may change from contract to contract. Indent products are not limited to those products appearing on the web site.

Samples: Samples are returnable for credit only. Returned samples must be in their original condition and packaging.

Returns: The return of goods sold will not be accepted unless otherwise agreed to by IDL prior to the sale of those specific goods.

Damaged Goods: IDL must be notified within 7 days of the arrival of goods damaged in transit. IDL will hold no responsibility whatsoever after this 7-day period.

Defective Goods: IDL reserves the right to inspect all goods alleged to be defective. IDL's findings shall be final and conclusive. Defective products will be repaired, replaced or credited, in that order. All defective product and warranty claims are strictly on a 'return to base' basis.

Ownership of Goods: Legal ownership of any and all goods sold by IDL shall not pass to any purchaser until full payment of the purchase price has been paid to IDL. IDL shall be entitled at any time after the purchaser defaults on meeting IDL's payment terms, as set out in this document or by special arrangement, to repossess said goods. In such instances, the purchaser hereby authorises IDL, it's agents or representatives to enter any premises occupied by the purchaser, to repossess said goods. The purchaser also hereby indemnifies IDL from any responsibility whatsoever for any damage or loss suffered by the purchaser through such repossession.

Limit of Liability: IDL's liability in any and all circumstances shall be limited to the cost of goods sold and supplied by IDL.

Printing: Product printing (branding) can be arranged by IDL. An IDL representative will advise on the most appropriate print method for the selected product. IDL accepts no responsibility for printing errors once signed off by the customer. Where possible, please supply artwork in Vector EPS (Encapsulated PostScript) file format. A charge for artwork preparation may apply. Artwork may be emailed to artwork@idl.co.nz.

Local Delivery: Allow 5 – 10 working days for standard delivery time. For urgent deliveries, please specify your requirements.

Offshore Delivery: Allow 30 - 75 days for standard offshore delivery time. For urgent deliveries, please specify your requirements.

OEM: OEM (Original Equipment Manufacture) product inquiries are welcome. Please ensure you accurately submit your client's full specifications of what is required.

Pricing: IDL retains the right to change or alter listed prices at any time without prior notice.

General Provisions

System Integrity: IDL will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, IDL takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, IDL assumes no responsibility for the corruption of any data or information held by IDL.

Force Majeure: IDL will hold no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of IDL to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of IDL.

No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Intellectual Property Rights: IDL (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:

1.   Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

2.   Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.

Entire Agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

Disclaimer

You expressly understand and agree that:

a)    Your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, IDL disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;

b)    IDL does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the web site is error-free or reliable;

c)    No advice or information that is obtained by you from IDL or anyone else shall create any warranty by IDL that is not expressly stated in the terms and conditions; and

d)    Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute IDL's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.