TERMS AND CONDITIONS

Consumer Guarantees Act

If you are buying goods normally bought for personal, domestic or household use, you may have certain rights under the Consumer Guarantees Act 1993 (Consumer Guarantees Act) that cannot be excluded or limited. These terms do not limit or alter your rights under the Consumer Guarantees Act (other than in the circumstances permitted under that Act). You can find more information about your rights under the Consumer Guarantees Act at the Ministry of Business, Innovation & Employment’s website (www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act) and the Commerce Commission’s website (comcom.govt.nz/consumers/your-rights-as-a-consumer).

Agreement

This Agreement is made between Proactive Group Limited (NZBN: 9429050989027) trading as The Water Filter Company (hereinafter “the Company” or “We” or “Us” or “The Water Filter Company”) and the Customer. The Water Filter Company agrees to sell and the Customer agrees to buy the goods ordered through The Water Filter Company.

Acceptance

By placing the order for goods through The Water Filter Company you are deemed to accept the terms and conditions of sale.

Price

Purchase prices are given in New Zealand dollars, including GST and excluding shipping and are subject to change without notice (error & omissions excepted). Provided we meet our obligations under the Fair Trading Act 1986, we can revise our prices at any time prior to accepting your order. A quotation does not give rise to a binding contract until you place an order which we subsequently confirm.

Payment

Goods you purchase must be paid for before we deliver the goods to you. You cannot withhold payment or make any deductions from any amount you owe us without our prior written consent.

Delivery

Where we agree to transport the goods to a specified place, we will arrange delivery of the goods to that place.

If the Consumer Guarantees Act applies to your purchase, we will meet any obligations we have under that Act. Otherwise, if the Consumer Guarantees Act does not apply, any time stated for delivery is an estimate only and no claim shall be made by you on account of late shipment, or delivery however caused.

Returns and Cancelled orders

Without limiting any rights you have under the Consumer Guarantees Act, all goods to be returned must be accompanied by a completed Product Return Form. A completed Product Return Form does not guarantee that we will accept the return.

Changing your mind or purchasing the wrong product by mistake: We are happy to exchange or refund products within 10 business days after you receive the parcel, provided that the product is: unopened and unused; in its original condition and packaging; complete, including all accessories; accompanied with a completed Product Return Form.

Incorrectly supplied products: If you have been accidentally supplied the wrong product, The Water Filter Company will supply the correct product (where it is available) or issue a credit or refund. In these circumstances, if the Consumer Guarantees Act applies to the purchase, we will meet our obligations under that Act. Otherwise, if the Consumer Guarantees Act does not apply:
– to supply the correct product the incorrect product will first need to be returned to us;
– we will need to be notified within 7 days of delivery;
– the incorrect product supplied must be unopened, unused, in its original condition and packaging and complete, including all accessories.

Products damaged in transit: If your product has been damaged during transit to your delivery address we will replace your product (if it is available) or issue a credit or refund. In these circumstances, if the Consumer Guarantees Act applies to the purchase, we will meet our obligations under that Act. Otherwise, if the Consumer Guarantees Act does not apply, unless we agree otherwise, you must notify us within 24 hours of delivery in order to be eligible for a replacement, credit or refund.

Products that are faulty upon arrival or first use or otherwise: If the product you received is faulty upon arrival or first use, we will either repair or replace your product, or issue a credit or refund. Without limiting any rights you have under the Consumer Guarantees Act, in order to repair, replace or issue a credit or refund for your faulty product, it will need to be returned to us so we can test and confirm that it is faulty. If the Consumer Guarantees Act applies, we will meet our obligations under that Act. Otherwise, if the Consumer Guarantees Act does not apply, all returns of this nature must be made within 14 days of delivery.

Express warranty – Products that are faulty within the warranty period: Without limiting any rights you have under the Consumer Guarantees Act, if your product is faulty or has stopped working as intended and is still within the warranty period specified when you purchased your product, The Water Filter Company will repair or replace your product or issue a credit or refund where a suitable replacement is not available. In order to repair, replace or issue a credit or refund for your faulty product, it will need to be returned to us so we can test and confirm that it is faulty. You may also be able to contact the manufacturer directly to arrange a repair or replacement. Returns of this nature can be made any time within the warranty period and it is your responsibility to cover any costs of returning the product to us (NB there is no specific warranty period under the Consumer Guarantees Act).

The shipment of incorrectly supplied, damaged or faulty goods will be at our cost where such charges are our responsibility under the Consumer Guarantees Act, otherwise, you will be liable for all shipping and insurance charges incurred in respect of returned goods.

Risk and ownership

Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.

Guarantees

Where the Consumer Guarantees Act applies:
If you are in trade you agree that the Consumer Guarantees Act does not apply.
If you are in trade you acknowledge that no Express Guarantees (as defined in the Consumer Guarantees Act) are provided.

Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act except to the extent permitted by the Act.

Except as otherwise required or prevented by laws including the Consumer Guarantees Act, or except as expressly provided under these terms, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature, including under the Contract and Commercial Law Act 2017, are completely excluded.

Repairs and replacements

We do not guarantee that repair facilities and parts will be available for the goods.

Default

If you do not pay the price by due date, we may charge a default penalty at a rate of 2.5% per month calculated on a daily basis on the unpaid portion of the price from the due date until payment in full, plus any GST.

You will, on demand, pay to us any amount we incur (including solicitors and collection agency costs, court costs and disbursements) in recovering payment of any overdue account.

If an Event of Default occurs, we may suspend or terminate any contract with you. If an Event of Default occurs, all amounts you owe us shall immediately become due and payable notwithstanding that the due date has not arisen.

Without limiting any other rights or remedies, upon termination we will be entitled to repossess and resell any unpaid goods in accordance with the term of terms risk and ownership. Termination shall not relieve you from any liability or responsibility that has arisen before the date of termination.

An “Event of Default” means an event where:
– you fail to comply with the terms of any contract with us; or
– you commit an act of bankruptcy; or
– you enter into any composition or arrangement with your creditors; or
If you are a company:
– you do anything which would make you liable to be put into liquidation; or
– a resolution is passed or an application is made for liquidation;
– a receiver or statutory manager is appointed over all or any of your assets; or
– you cease or threaten to cease to carry on business.

Use of information

You consent to our Privacy Policy, which is available on our website.

You agree that we may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business, and you consent to any person providing us with such information.

You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.

You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us or our group of companies. (If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information that we hold about you.)

Without limiting the above, we will collect, use, store and disclose your personal information in accordance with our Privacy Policy.

You consent to receiving marketing material from us, including via email, text and any other electronic means. We will comply with our obligations under the Unsolicited Electronic Messages Act 2007 in respect of any commercial electronic messages we send to you.

No liability

Except where provided in the Consumer Guarantees Act, we shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.

Except where the Consumer Guarantees Act applies, should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on The Water Filter Company for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.

If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our reasonable control, then we are released from our obligations under this agreement.

Other agreements

These terms apply to all transactions where we supply goods to you.

This agreement supersedes the terms of all prior agreements, understandings, representations or warranties previously given by us or any agent of The Water Filter Company in respect of goods.

If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.

If at any time any provision of this agreement becomes illegal, invalid or unenforceable neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired.

Waiver

If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.

Assignment

You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.

Governing law

This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.

Last update: 10th of October 2024