Terms & Conditions

1 Terms of contract

Any Goods supplied by Equine Mementos to you shall be subject to these Terms unless we agree in writing to change them. If you accept Goods from us, that action by you will be deemed to be acceptance of these Terms, despite anything that may be stated to the contrary in your enquiries or your order.

2 Price

The price for Goods will be either as quoted to you in writing or, if no written quotation is provided, as set out in our price applying at the time of delivery.
Unless otherwise agreed in writing, all prices are exclusive of packaging, freight, insurance and delivery charges and other government duties, levies or taxes in respect of the Goods. These will be charged at the rates applying at the time of delivery.
Quoted prices for any Gold goods are subject to daily change.

3 Payment

Unless we have agreed in writing to extend credit to you, you must pay for Goods in full before delivery.

4 Ownership

Ownership in the Goods shall pass to you at the time of delivery, provided we have received full payment, in cash or cleared funds, of all monies owing by you to us.

5 Risk and delivery

5.1 Delivery of the Goods will take place when they are received by a carrier for delivery to you, or the time they are received by you or your agent, whichever is earlier. When you ask us to deliver Goods directly to another person, that person takes possession of the Goods for you as your agent.
5.2 We will make every effort to ensure delivery of Goods is on time. However, we shall not be liable to you for any failure to deliver on a specified date or within a specified period, however that failure was caused.
5.3 Risk in respect of the Goods shall pass to you on delivery in accordance with clause 5.1 above. You are responsible for insurance of the Goods from that time.
5.4 Without limiting the previous provisions of this clause 5, all claims for shortages or delivery damage must be made to the carrier and us within seven days after delivery.

6 Consumer Guarantees Act 1993

6.1 If the CGA applies, these Terms shall be read subject to your rights under the CGA.
6.2 Where you are acquiring the Goods for the purposes of a business (as provided in sections 2 and 43 of the CGA), the CGA shall not apply.

7 Warranties and liability

7.1 We warrant that we will replace or, at our option, repair Goods supplied to you which are accepted to be defective free of charge, provided that you notify us in writing of the defect in sufficient detail for the Goods and the defect to be clearly identified within seven days after delivery, and return the Goods to us at our premises where they were despatched from at your expense.
7.2 We shall not be liable under a warranty for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions, misuse, or any alteration or repair of the Goods not authorised by us or for any defect arising from a drawing, design or specification supplied by you.
7.3 To the fullest extent permitted by law:

our liability under these Terms is in substitution for, and to the exclusion of, all other warranties, representations, conditions or obligations imposed or implied by law, statute or otherwise in relation to the Goods; and
all liability for any indirect, special or consequential loss or damage of any kind is expressly excluded.

8 Intellectual property

8.1 Equine Mementos does not transfer to you any right, title or interest in any copyright, trade marks, patents or other intellectual property rights in or relating to the Goods.
8.2 You warrant that any designs, drawings or specifications which you provide to us will not infringe any intellectual property rights of any third party, and you agree to indemnify us, on demand, against any liability we may suffer as a result of our use of those designs, drawings and specifications.

9 Privacy Act

9.1 You and any guarantor (if relevant) authorise us to collect and hold personal information from any source we consider appropriate to be used for credit, administration, service and marketing purposes. You further authorise us to disclose personal information held by us for these purposes to any other person.
9.2 You understand that you have a right of access to, and may request correction of, personal information held by us about you.
9.3 By providing your email address you consent to receiving email communication from us. You can opt out of email communications by telephoning us or following the unsubscribe link in the relevant email.

10 General terms

10.1 Amendments: We may amend these Terms from time to time by notice to you in writing.
10.2 Waiver: No delay or failure by us to exercise our rights under these Terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.
10.3 Severability: If a court decides that part of these Terms is unenforceable, the part concerned shall be deleted from the rest of these Terms, which will then continue in force.
10.4 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.

11 Defined terms and interpretation

11.1 In these Terms, the following words have the following special meanings:

“CGA” means the Consumer Guarantees Act 1993;
“Goods” means (i) all goods including, but not limited to, findings, pearls, pendants, bracelets and bangles, earrings, and chains supplied by us to you at any time, including any goods described by item or kind on any relevant order form or invoice, on the basis that each such order form or invoice shall be deemed to be incorporated in and form part of these Terms and (ii), except where the context otherwise requires, all services supplied by us to you at any time, whether in conjunction with the supply of goods or otherwise;
“Terms” means these terms of trade (as amended from time to time);
“we”, “our”, “us” means Equine Mementos from time to time;
“you” means the customer named on an order form or communication of another form.

11.2 For convenience, these Terms have been grouped under different headings, but the headings do not affect the meaning of these Terms.
11.3 In these Terms references to any law include any changes to that law which are in force from time to time.