Terms and Conditions of sale
a.”Customer” means you and the entity (if any) submitting the request for purchasing products from the company.
b. “Product(s)” means any product sold on the or through this website or by any means associated with the company.
c. “The Company” means Home Run Ltd – Trading as Fast Fundraising
1.2. Sale of all Products subject to Terms and Conditions
All the Products sold by The Company are sold subject to the following terms and conditions. The terms and conditions apply to every sale unless expressly varied by The Company.
1.3. Terms and Conditions
These terms and conditions shall prevail over any other document purporting to have a contractual effect including the On-Line Shop Policy.
1.4. Customer liable for every order
The Customer will be liable for every order made under their name and agrees to indemnify The Company for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customers name.
The prices of products are displayed in New Zealand currency (NZD).
2.3. The Company may vary prices
The Company may vary the prices of the products at any time without notice except when an existing order has been confirmed by both the customer and The Company.
2.4. The Company may set credit limits
The company may from time to time set credit limits for individual customers and/or require a deposit.
3. PRODUCT RANGE AND AVAILABILITY
3.1. Product availability
a. Every effort will be made to fulfill orders placed with The Company, but The Company shall not be liable to any person if The Company decline to supply product(s) for any reason whatsoever, except to refund any payments made against said orders.
b. The Company reserves the right to determine the specials that are available.
c. Specials are subject to availability while stocks last.
d. The Company may delay dispatch of a bulk order due to stock availability.
3.2. Product range
The Company reserves the right to limit the range of products available to certain areas.
4.1. Payment Options
a. Payment with order. (payment is received and processed by The Company with the order of the products from the customer)
b. Invoice/credit payment terms. As specified on the invoice
4.2. Payment method
a. Cheque. Meaning personal cheque or bank cheque.
b. Direct credit. Meaning payment is made directly into the indicated bank account of The Company.
4.3. Payment Policy
The Company reserves the right to choose the payment option and method that the customer shall undertake.
4.4. Identification security
The Company may refuse an order if the customer is unwilling or unable to supply suitable (At The Company’s discretion) personal identification.
4.5. Due date for payment
If invoicing/credit is used, the customer is required to settle all payments in full by midnight on the due date indicated on the invoice. In the event that the due date should fall on a weekend or public holiday then the next business day will become the due date for payment.
4.6. Default of payment and remedy
A. If the customer is in default of payments then The Company may demand immediate and full payment.
B. All overdue accounts shall bear interest at the rate of 2.5% per month, calculated on a daily basis from the due date for payment until the time of actual payment but without prejudice to The Company’s other rights and remedies in respect of Customers default in failing to make full payment on the due date.
C. The Customer will upon demand pay to The Company all moneys (including but not limited to solicitor costs, Court cost, collection agencies costs and disbursements) incurred by the Company in recovering payment of any overdue amount.
D. Payments by the Customer shall be applied first in the reduction of interest, liquidated damages and costs due pursuant to 4.6 A, B and C. The balance then being in reduction of any amounts due as original payment.
5.1. Right to withhold delivery
The Company withholds the right to deliver the Products to the Customer for any reason whatsoever.
5.2. Best endeavors
The Company shall use reasonable endeavors to deliver the Products of acceptable quality to the delivery address (specified by the Customer on the order form or by email o) on a timely basis.
5.3. Change of Address
The Customer is to notify The Company immediately of a change to its delivery address and The Company shall not be liable in anyway for deliveries made to addresses supplied by the customer that are incorrect or out of date.
5.4. Delays to delivery
The Company shall not be liable for failure to deliver on a timely basis whether the delay has been due to causes beyond the control of The Company or otherwise.
5.5. Delivery deemed to have taken place
If the Customer fails or refuses to take delivery of the Products, the Products shall be left at the delivery address and be deemed delivered at that point in time.
5.6 Incorrect Delivery address
The customer will be fully responsible and liable for any products supplied by the company that have been delivered to an incorrect delivery address if that address is what was on the order form.
6. VARIATION/CANCELLATION OF ORDER
Once and order has been placed the customer may cancel the order within 24 hours by phoning 0800-210-777. Cancelled orders after 24hrs still incur a fee of 40% of the total initial order costs. If the Customer wishes to cancel the order after the order has been printed, the customer will incur a cost equal to 60% of the total original order cost. Payment of this amount is to be in accordance to section 4 of these terms and conditions.
7. TITLE IN GOODS AND PROPERTY/RISK
7.1 Title in Goods
The property in goods (product) supplied shall pass to the Customer when full payment shall have been received by The Company for those products, and for any other products already supplied by The Company to the Customer.
7.2. Product(s) risk
Property and risk in the Products shall pass to the Customer upon delivery to the Customer’s delivery address.
8. RETURNS OF PRODUCTS/REFUNDS
In addition to the mandatory statutory rights available to Customers under applicable consumer legislation, The Company will issue the Customer a refund if the following circumstances apply:
a. The order is cancelled prior to the printing of the Product; or
b. The Product, only if ‘non customised’ is returned within 14 days of purchase without the courier bag being opened. The Customer shall pay for the courier charge in this instance.
8.1 The company will not accept returns for any order:
a. That has been sent if the order contains products that have been customised for the customers.
b. if the customer ‘changes their mind’ for any reason.
8.2 If the product falls into 8.1 a or b then the full purchase price stated on the invoice shall be payable by the due date in accordance to all of section 4.
Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of The Company is authorized to make any warranties, representations or unauthorized warranties, representations or statements. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the products. The Customer expressly acknowledges and agrees that The Company assumes no obligation or liability for any advice given and all such Products are accepted by the Customer entirely at the customers risk.
10.1. Product liability
The liability of The Company whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of The Companies obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.
10.2. No liability for indirect loss
The Company shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall The Company be liable for any damage or loss caused by the Customers servants, agents, buyers or other persons whatsoever.
11. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to The Company shall at all times remain the property of The Company.
12. FORCE MAJEURE
If the performance by The Company of its obligations under The Company is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of The Company ) The Company shall be excused from such performance to the extent of such prevention.
13. PRIVACY ACT
13.1. Collection of information
The Customer authorises The Company to collect, retain and use personal information about the Customer for the purposes of:
a. Assessing the Customer’s credit-worthiness
b. Undertaking any dealings or transactions with the customer.
c. Enforcement of any legal or other rights The Company may have against the Customer in any manner that The Company sees fit.
d. Making such disclosures as may in The Company’s opinion be required for any of the above purposes.
e. Sending the Customer any advertising or promotional material.
13.2. Collection from other sources
The Customer further authorises The Company to collect personal information about the Customer from the Customer or any other source available to The Company including but not limited to credit referral agencies, the Customers bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer will have been associated.
The Customer authorises The Company to disclose all or any part of any personal information provided by the Customer to credit referral agencies.
13.7. Customer rights
The Customer is aware of his/her rights under the Privacy Act 1993 to have access to personal information held by The Company and to request correction to the information and to be informed of action take in response to any such request and/or to request that there be attached to the information a statement which the customer can supply to The Company relating to the fact that the customer has requested a correction.
14. CONSUMER GUARANTEES ACT
The customer acknowledges that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993) (“CGA”) the provisions of the CGA shall not apply to the sake of the Products by The Company.
15. LEGAL NOTICES .
Every effort is made by The Company to ensure the information shown within the website and any and all other promotional and communications material including emails, flyers, mail outs, is accurate and authoritative in regard to the subject matter covered. The Company accepts no liability whatsoever where this is not the case.
The links connecting this site to other sites are for convenience only and do not imply that The Company endorses or approves those other sites, their content or the people who maintain them.
17. Customised Graphical Design and print quality
17.1 The Company has no liability and offers no warranties whatsoever for the design of the cover and for the final print quality and colours of the products supplied by the company to the customer unless a printed proof is expressly requested by the customer, at the customers expense, in which case a 15% variation in both design and print quality (including colour matching) of that proof and the final product is deemed to be acceptable by the customer.