Online Terms & Conditions
- Overview & Acceptance
1.1 This website is operated by Bamboo Autocare (“we”, “us”, or “our”). By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.2 We reserve the right to modify these Terms at any time. Changes will be effective upon posting. You are responsible for reviewing updates. Continued use constitutes acceptance of changes.
2 Registration
2.1 If you are not a registered trade account of the Bamboo Autocare, you will need to register an account via the Site or select “Checkout as Guest”.
2.2 If you transact by selecting “Checkout as Guest”:
- (a) you will be asked to provide certain information (such as your name, address, phone number, email address and billing details). You agree to provide us with current, complete and accurate information; and
- (b) the resulting transaction may be linked to any current or future active registered account for the Site that is registered under the email address you provided during the check out process and any relevant terms will apply.
2.3 If you transact via a trade account:
- (a). you will need to register with account application form via the Site/our staff. To do this, you will be asked to provide certain information (such as your company name, phone number, and email address) and create a password. You will also be asked to verify your details via a confirmation email; and
- (b). the terms and conditions available will apply to your registered account.
- (c). All trade account customers need to access via trade.bmbautocare.co.nz or access via the site.
2.4 You may only have one active registered account and your account is non-transferable. You may update or edit your account details at any time through the Site. You may also terminate your account at any time by calling 092189560. We may ask you to provide certain information (such as your name, phone number and email address) in order to verify your identity prior to termination. An account which has been terminated is no longer “active”. Terminated accounts cannot be re-activated.
2.5 If you transact via a registered account, you will be responsible and liable for any use of this Site by any person using your registered account. You are responsible for keeping your registered account details (including your password) safe and secure, so that they cannot be used without your permission. You agree that we may charge you for all products that have been ordered and accepted via your registered account.
- Placing an order
3.1 You can order products through the Site in accordance with these terms and conditions.
3.2 Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
3.3 We may ask you to provide additional details or require you to confirm your details (including your name, shipping address and billing address) to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate information.
- Acceptance or rejection of an order
4.1 If your order is accepted, you will receive an email confirmation from us.
4.2 We reserve the right to accept or reject whole or part your order for any reason (including if we determine your order is for a commercial purpose), acting reasonably. If we reject an order placed through the Site, we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
4.3 We may, from time to time, restrict the quantity of products ordered through the Site by a person, household or address during a particular time.
4.4 Each accepted order creates a separate binding agreement between you and us for the supply of the products in that order.
- Cancellation of an order
5.1 Prior to the dispatch of an accepted order, we may cancel all or any part of that order without any liability to you, if:
- (a) the requested products are not available; or
- (b) there is an error in the price or the description posted on the Site in relation to a product; or
- (c) the order has been placed in breach of these terms and conditions.
5.2 We will endeavor to provide you with reasonable notice of any cancellation by us. We will not charge you for the cancelled order.
5.3 Prior to the point when we issued you an invoice for an accepted order, you may cancel all or any part of that order by email us via info@bmbautocare.co.nz or calling us on 092189560. We may ask you to provide certain information (such as your name, phone number and email address) in order to verify your identity prior to cancelling the order. You must provide us with notice of cancellation (including the reason for the cancellation).
5.4 You cannot cancel all or any part of an order after the point when we have issued you an invoice for that order.
- Delivery
6.1 We currently deliver orders to New Zealand addresses only.
6.2 Certain products (such as age-restricted products or products which are categorized as “dangerous goods”) are not available for delivery and can only be collected in a store. This information will be displayed on the relevant product page on the website. We reserve the right in our absolute discretion to notify you of any product which is not available for delivery.
6.3 Delivery time is subject to stock availability and product size.
6.4 The Company shall not be responsible for delays or defaults in delivery of goods or services or any part of them nor for any resulting direct or consequential loss or damage where this arises for reasons beyond the Company’s control. The Customers payment obligations shall not be affected by any such delay.
6.5 Risk of any loss, damage or deterioration of or to goods shall be borne by the Customer from delivery of the goods.
6.6 Insurance: Until property in goods passes to the Customer, the Customer shall keep the goods fully insured in the names of the Company and the Customer and will produce to the Company on demand such evidence as the Company may require to confirm such insurance. If the Customer defaults in the performance of its obligations under this clause, the Company shall be entitled to insure the goods and the cost of doing so shall be payable by the Customer to the Company upon demand.
- Warranties & Liabilities
7.1 Warranties: The Customer has prior to signing the contact examined the goods and is satisfied that they are in good working order and condition and are suitable for the Customer purposes. Where the Customer is using the goods and/or services in its business or for resupply in trade or where the Customer is not a consumer within the meaning of the Consumer Guarantees Act 1993 then all conditions and warranties applied by statute(s) or otherwise in respect of goods and/or services including in particular under the Consumer Guarantees Act 1993 are expressly excluded to the extent permitted and the Customer agrees that not warranty, condition, description or representation on the part of the Company whether express or implied is given in respect of the goods or the services.
7.2 Liabilities: In any case, where the goods or services are being purchased for use in a business or for resupply in trade or where the Customer is not a consumer within the meaning of the Consumer Guarantees Act 1993, the liability of the Company, whether in contract or pursuant to any cancellation of any contract or in tort or otherwise, in respect of all claims for loss, damage or injury arising from breach of any of the Company’s obligations arising under or in connection with any contract, from any cancellation of the contract or from any negligence on the part of the Company, its servants, agents or contractors shall not in aggregate exceed the price of the goods or the services in respect of which the liability is claimed.
7.3 We cannot guarantee that your computer monitor’s display of any color will be accurate.
- Returns
Our Return Policy applies to all orders placed via the Site and is incorporated into these terms and conditions by reference.
9. Intellectual Property
9.1. You: 9.1.1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
9.1.2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
9.1.3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
9.2. You may:9.2.1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
9.2.2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
9.3. This Site contains registered trademarks and other trade marks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
- Prohibited Uses & User Obligations
10.1 Indemnity: The Customer shall indemnify the Company in respect of any liability (including any legal costs and expenses on a solicitor client basis) incurred as a result of Customers breaching any term of this agreement and the Customer shall pay all collection charges and costs incurred by the Company in the enforcement of the Terms of Trade. The Company’s debt collection agent is entitled to charge the Customer debt collection and other costs arising from the collection of any amounts owing. This clause is inserted to be for the benefit of and enforceable for the Company’s collection agent under the Contract (Privity) Act 1982.
10.2 You may not use the site for illegal purposes, harassment, spreading viruses, or unauthorized commercial resale.
- Third-Party Tools & Links
11.1 Third-Party Tools: The Company may provide access to tools, services, or applications developed by third parties (“Third-Party Tools”). Such tools are provided “as is” without warranties of any kind. The Company disclaims all liability for your use of Third-Party Tools, and you assume all risks associated with their use.
11.2 Third-Party Links: Links to third-party websites or resources are provided for convenience only. The Company does not control or endorse these sites and is not responsible for their content, products, or services. Your interactions with third parties are solely between you and such parties.
- Termination
These Terms shall remain effective until terminated by either party. You may terminate this agreement at any time by ceasing all use of our Services and providing us with written notice of termination. We reserve the right to terminate or suspend your access to the Services immediately, without prior notice, if in our reasonable determination you have violated any provision of these Terms. All provisions of these Terms which by their nature should survive termination (including but not limited to payment obligations, liability limitations, and indemnification) shall remain in full force and effect after termination. Upon termination, you must immediately cease all use of the Services and any outstanding payments shall become immediately due and payable.
- Legal & Miscellaneous
13.1 The Customer may not assign all or any of its rights or obligations under any contract without the written consent of the Company. A change in ownership or control whether direct or indirect is an assignment for the purposes of this clause.
13.2 The Customer irrevocably authorizes the Company to make any enquiries relative to the Customers credit or trading history or that of the officers, shareholders or principals of the customer which confirms it considers necessary, and for that purpose to disclose and seek from any bank, financial institution, lender, accountant, solicitor, advisor, credit reference agency or any other person any information including the details of the Customers and/or such officer, shareholders’ or principals’ accounts or financial affairs.
13.3 In the case of any conflict between an order submitted by the Customer and these Standard Conditions, these standard conditions shall prevail.
- General
14.1 If any provision is invalid, remaining provisions remain enforceable.
14.2 These Terms constitute the entire agreement between parties.
14.3 Contact us at info@bmbautocare.co.nz for Terms of Service questions.
