Welcome to www.canterburynz.com.au (the “Website”). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.
If you have any comments or queries relating to this Website, please use our Contact Us pages.
1. What do I agree to by entering the Website?
You are invited to use the Website on the basis of the Terms and Conditions of use set out below.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website. Canterbury may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
2. The Features
The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”).
3. Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
a) not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libelous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
b) not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any user or other party;
c) if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
d) that all Features will be used entirely at your own risk and Canterbury accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
If Canterbury is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, Canterbury reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
4. Sending Us Information
We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted Canterbury (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material.
By submitting your Material to this site, you also warrant that:
a) you have the right to make it available to Canterbury; b) the Material is not defamatory; and c) the Material does not infringe any law.
You agree to indemnify Canterbury against all legal fees, damages and other expenses that may be incurred by Canterbury as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.
6. Website Content – Accuracy and Permitted Use.
Canterbury makes every effort to ensure that the content of the Website is accurate and up-to-date, but Canterbury does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
Canterbury may remove material or Features, from the Website at its own discretion and without any notice. You are permitted to use the material that is displayed on the Website from time to time only as expressly authorised by Canterbury. This Website is intended to provide amongst other things, information relating to Canterbury products and is designed for personal, non-commercial use only.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to eBay or any other auction site advertising or to promote or encourage traffic to any other website.
7. Copyright, legal statement and database rights
All content and compilation of such content together with all software included on the Website, such as text, graphics, logos, button icons, images and software, is the property of Canterbury or its subsidiaries, its affiliates or its content suppliers and is protected by New Zealand and International laws.
You may not extract and/or re-utilise parts of the contents of the Website without Canterbury’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.
Please also refer to our Legal Statement below.
8. Legal Statement
Trade marks - Canterbury®, CCC logo and composite logo and are registered trademarks of Canterbury Limited.
www.canterburynz.com.au is a site operated by Canterbury International (Aust) Pty Ltd ("We"). We are registered in Australia (ABN96 001 031 634) and have our registered office at Unit 7/836 Boundary Road, Coopers Plains, QLD 4108.
9. Intellectual Property Rights
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”) shall remain at all times vested in Canterbury and that these are protected by copyright and other laws and international treaty provisions. Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Canterbury to do so. All trade marks appearing on the Website are Canterbury Limited trade marks and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
10. Limitation of Liability The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis. While Canterbury takes all reasonable steps to ensure that the Website is properly functioning at all times, Canterbury does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects. Canterbury has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Canterbury shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features. Except in relation to liability for death or personal injury, Canterbury shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
11. Governing Law Your use of the Website, any purchase by you on the Website of any products and these Terms and Conditions will be governed by and construed in accordance with the laws of Queensland, Australia and will be deemed to have occurred in Queensland, Australia. By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts. If you elect to do so, when you register with the Website you can agree to receive emails from www.canterburynz.com.au and you can unsubscribe by using the links in the emails that we send.
Please read these terms and conditions before purchasing any Canterbury products on the website. By making a purchase, you agree to be bound by these terms and conditions.
1. Your account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure your password is kept confidential and secure, and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure the details you provide are correct and complete, and inform us immediately of any changes to the information provided when you registered. The website only sells products to individuals who can purchase with a credit card/debit card. If you are under eighteen (18), you may use the website only with the permission and supervision of a parent or guardian. Canterbury reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
3. Our contract
When you place an order to purchase a product from the website, we will send you an email confirming receipt and containing order details. Your order represents an offer to us to purchase a product, which is accepted when we send an email to you confirming that we have accepted the order (the ‘order confirmation email’). Such acceptance will be complete when we send the order confirmation email to you. You are seeking to enter into a contract with Canterbury when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the confirmation email. Canterbury will retain the title in the products until full payment has been made by you and has been received by Canterbury.
Canterbury reserves the right to hold any orders prior to shipping for security review. Canterbury only delivers its products to the locations listed on the website. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.
4. Fraud prevention, fraud screening and age and identity verification checks
By confirming your order, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, our third party payment providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order on our website unless you consent to this use of your personal information. If you have any questions at all about this, please contact us at email@example.com you proceed with your purchase.
Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by the Privacy Act 1993 (as amended and/or replaced from time to time).This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us.
As part of this, we may check the following records about you:
Our own records;
Records held by third parties providing services to us; and
Records at fraud prevention agencies (FPAs).
The checks described above may include assessing and verifying identities to prevent and detect fraud.The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s).
As explained above, personal information about you may be sent by us to FPAs and recorded by them.In addition, we may give details of the payments you make to FPAs.All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise.Records remain on file for up to 6 years after checks are carried out. If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries.
This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs.If you would like to obtain full details about this, please contact us at firstname.lastname@example.org
We will endeavour to deliver all products ordered within 30 (thirty) days from the date of your order confirmation email. Please click here to view our delivery details and charges (if applicable).
All products purchased from the website are made pursuant to a shipment contract. This means that the risk of loss for such products will pass to you when we deliver your product(s) to the address you gave us or you (or, in limited circumstances, a carrier organised by you) collects the product(s) from us. You will be responsible for the product(s) once they are in your physical possession or once they have been delivered in accordance with the delivery instructions.If you have received your order confirmation email but your products have not arrived within the time specified, please contact us and we will do our best to assist. Please allow an additional day before raising a query during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement.
If your order has not been received within the specified timescales set out below, in the first instance please check whether your local mail delivery office is holding your parcel. If they do not have your products, please contact us and we will do our best to assist.
You can only return Canterbury products that have been purchased directly through this website. Canterbury products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased.
If you are not happy with your Canterbury products, please follow our delivery, returns, exchanges and repairs policy, so that we can exchange or refund your order. Canterbury reserves the right to reject the return of products (unless the product is not of an acceptable quality, is not fit for purpose or is not as described at the time of purchase) that are not returned in accordance with this policy procedure. We may request that you pay delivery charges to return such goods back to you. Our returns policy does not affect your statutory rights.
(i) Delivery costs
We will not refund the original delivery charge in the case of exchanges or returns.
In the case of returns, you will only be refunded the value of the goods ordered.
We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
This returns procedure does not affect any of your other statutory rights.
(ii) Conditions for all returns or exchanges
All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. We recommend the use of a tracked parcel service, such as the New Zealand Post's CourierPost service.
With your purchase of Canterbury products, you will receive a delivery note and returns form. To return items, whether for exchange or return, simply fill out the form as instructed, include it in the package and attach the label to the outside of the package then post it back to us. If you do not have your returns form, our returns team will be happy to send electronic copies you can print at home. Contact us
Please do not return items to our head office address in Unit 7/836 Boundary Road, Coopers Plains, QLD 4108 as all returns are processed at our warehouse in Canterbury International, P.O. Box 8076, Sunnybank, QLD, 4109 If you return items to our head office, your return may be severely delayed.
If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please accept our apologies. Please contact our customer service team and we will arrange a collection of these good. Any replacements will be sent at no extra cost.
7. Feedback and complaints policy
We welcome any comments about our service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, please e-mail our customer services team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the website and say that you wish to make a complaint. Our aim is to respond within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
8. Pricing and availability
All prices are quoted in Australian Dollars and are inclusive of GST (where applicable) unless otherwise specified. All item prices are exclusive of delivery charges. A list of our international delivery charges can be found on the website. We list availability information for products sold on the website, including on each product information page. We cannot be more specific about availability than what is stated on the site. Dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
When ordering products from the website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over them and cannot predict what they may be. Customs policies vary widely by country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important and we know you care about how order information is used and shared. International customers and customers dispatching products internationally should be aware that cross-border deliveries can be opened and inspected by customs authorities.
10. Disclaimer and limitation of liability
This website is provided by Canterbury on an “as is” and “as available” basis. Canterbury makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on it. It is expressly agreed by you that your use of this website is at your sole risk.
Canterbury disclaims all warranties, express or implied to the fullest extent permissible by applicable law. Canterbury does not warrant that this website, its servers, or e-mail by us are free of viruses or other harmful components. Canterbury will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you might have additional rights.
11. Electronic communications
When you visit the website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any dispute relating to your visit to the website or to products you purchase through the website may be submitted to the courts of New Zealand, except that, to the extent you have in any manner violated or threatened to violate Canterbury’s intellectual property rights, Canterbury may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
13. Alteration of service or amendments to the conditions
In addition, we reserve the right to make changes to our website and policies. Your use of the website and your orders will be subject to the policies and terms and conditions of sale in force at the time that you use the website or that you order products, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these terms and conditions of sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
14. Events beyond our reasonable control
Canterbury will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Governing law and jurisdiction
Your use of the website, any purchase by you on the website of any products and these conditions will be governed by and construed in accordance with the laws of Queensland, Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of Queensland.
Your statutory rights are not affected by these terms and conditions of sale.
17. Our Details
www.canterburynz.com.au is a site operated by Canterbury International (Aust) Pty Ltd ("We"). We are registered in Australia (ABN96 001 031 634) and have our registered office at Unit 7/836 Boundary Road, Coopers Plains, QLD 4108.
Canterbury ("We") are committed to protecting and respecting your privacy.
For the purpose of the Privacy Act 1993 (the Act), the agency collecting your information is Canterbury International (Aust) Pty Ltd ("We"). We are registered in Australia (ABN96 001 031 634) and have our registered office at Unit 7/836 Boundary Road, Coopers Plains, QLD 4108.
INFORMATION WE MAY COLLECT FROM YOU We may collect and process the following data about you: • Information that you provide by filling in forms on the following site: www.canterburynz.com.au This includes information provided at the time of registering to use our site, subscribing to our service, posting material, creating or updating your personal profile, take part in a prize draw or competition, newsletters or exclusive offers via email or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by Canterbury, and when you report a problem with our site. • If you contact us, we may keep a record of that correspondence. • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. • Details of transactions you carry out through our site and of the fulfillment of your orders. • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
WHAT DO WE DO WITH THE INFORMATION? Canterbury will require you to provide particular personal information such as credit / debit card details and your billing address for the purposes of completing your order. We will only use this information for the purposes of managing your order or your usage of the Website. Providing additional personal information is up to you. We collect personal information to enter you into contests and notify you of results, to e-mail you with updates, news and special offers, to respond to your questions or comments, to register you for certain features on the Website. Canterbury (and those people or companies employed or engaged by Canterbury who help make this Website, its content and its services) will process and use your personal information in order to respond to your feedback – like responding to problems, improving our services and gearing what we do to suit our requirements further. Beyond this we will not share your information with any other company without your consent unless we are required to do so by law, if you have won a prize or if you have made a request for specific information. If you give us consent then we may share your information with our partners, subsidiaries or related companies in order that they can contact you with information, promotions, products, services, and offers that may be interesting to you. We will never sell your information to any other company.
IP ADDRESSES We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
We use session cookies that allow you to be remembered within the website, so any page changes or item or data selection you do is recalled from page to page. This means that you don’t get asked the same information that you’ve already given to the site. These cookies are temporary and are erased when you close your browser at the end of your surfing session.
We use tracking cookies. These help us to remember your information and settings when you visit our website in the future. This results in a faster and more convenient access and may enhance your experience of services or functions we offer. These cookies remain on your hard drive until you delete them or they expire (they have varying expiry dates, going up to two years).
We also use web analytics cookies to help us understand what content is most useful to our visitors. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure that users are finding what they need easily.
Our cookies do not keep personally identifiable information. None of the data we get from cookies will contain information that will enable anyone to contact you via telephone, email, or any other means.
Please visit www.aboutcookies.org to find out more about cookies.
USES MADE OF THE INFORMATION We use information held about you in the following ways: • To ensure that content from our site is presented in the most effective manner for you and for your computer. • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes. • To carry out our obligations arising from any contracts entered into between you and us. • To allow you to participate in interactive features of our service, when you choose to do so. • To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
We will only contact you by electronic means (email or SMS) if you have consented to be contacted in this way. We will always comply with applicable laws, including the Privacy Act 1993 and the Unsolicited Electronic Messages Act 2007. If at any time you would like to stop us contacting you in via electronic means, you can unsubscribe either by using the links in the emails that we send or by contacting us at email@example.com.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in Auckland). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
YOUR RIGHTS You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes and we will always comply with applicable law, including the Privacy Act 1993 and the Unsolicited Electronic Messages Act 2007. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
HOW TO UNSUBSCRIBE Our policy is to allow users to unsubscribe from our regular emails at any time. You can do this by clicking on the Unsubscribe link at the bottom of the email you’ve received. Should you experience any problems please call our Customer Service Team who will assist you.
If you have asked us to stop sending emails and this hasn’t happened it may be because the email address to which we are sending them is not the same as the address you sent your request from. Please check the address we are using and include this information in your request. The easiest way to do this is to return to us the whole of the unwanted email. The address we are sending to is included within the message.
ACCESS TO INFORMATION The Act gives you the right to access and correct information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $10 to meet our costs in providing you with details of the information we hold about you.
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of sale.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material such as ideas, opinions, suggestions, graphics, mixes, pictures or anything else (the “Material”) to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, create derivative works from, distribute and disclose to third parties any such material for any purpose. By submitting Material to this Website you warrant that you have the right to make it available to Canterbury Limited, the Material is not defamatory and the Material does not infringe any law or rights or interests of any 3rd party in any country of the world, in particular that the Material does not plagiarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal publicity or proprietary rights in accordance with our Acceptable Use Policy. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
You agree to indemnify Canterbury Limited against all legal fees, damages and other expenses that may be incurred by Canterbury Limited as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request tocustomerservice@Canterbury.com
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
• Purchase or products
• Chat rooms.
• Bulletin boards.
• Prize Draws
• Video clips
• Downloadable content (screensavers, desktops and sound files (the ‘Features’))
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Here at Canterbury, we're proud of the products we manufacture and the services which we provide. If you have a complaint, we want to put things right as quickly as possible. Please speak to a member of our store team or customer service team who will be happy to assist. If you would like to make a formal complaint, please email email@example.com marking your email 'Complaint.' We acknowledge all complaints and aim to provide a response within fourteen (14) working days.
Any contact directed to individuals or departments within Canterbury will be referred to our Customer Services team and will be resolved via our complaint handling process.
1.1 “the Company” means Canterbury International (Australia) Pty Ltd (CAN 001 031 634, ABN 96 001 031 634) and includes its agents, employees and assigns.
1.2 “the Purchaser” means any person, firm or corporation that has requested the supply of goods from the Company, and includes employees, agents, successors, administrators, and assigns of the Purchaser.
1.3 “the goods” means the products specified overleaf.
1.4 “Business Premises” means the specific premises stated in the Credit Application.
2. QUOTATION & ORDER
2.1 A quotation is not an offer by the Company. The Company may withdraw or alter it without notice. Unless withdrawn, quotations are valid for the period stated, or where no period is stated, for 30 days after the date of quotation.
2.2 An order for the sale of goods shall identify the goods ordered, the quantity required and refer to any quotation pursuant to which the order is made. If the order does not comply with this clause it is a “non-complying order”.
3.1 Unless otherwise stated, all prices, costs or charges that are quoted by the Company are exclusive of goods and services tax. The Purchaser must pay, or reimburse the Company for any GST that the Company must pay on any supply made by it in connection with this contract. Any tax, duty, impost or excise imposed in respect of the sale of goods under this contract is to be paid in addition to and with the price.
3.2 Any variation of an order or cancellation of an order must be agreed in writing by the Company. Cancellation of orders will not be accepted unless authorised by the appropriate National Sales Manager or the Principal of the selling agent. Cancellations of indent orders will not be considered within one month before the due delivery date.
3.3 The Company may in its discretion agree to sell the goods on credit to the Purchaser. If the Company agrees to sell the goods on credit to the Purchaser then the Company’s standard terms of credit will apply.
4.1 Unless otherwise agreed in writing the Buyer must pay for the Goods by no later than the 20th day of the month following despatch of the Goods from the Seller’s premises.
4.2 Interest may be charged at the rate of 4% per annum above the 90 day prime bank bill rate on the amount of all unpaid invoices.
4.3 The Purchaser shall not deduct any sum from the amount due on any invoice or statement for any reason whatsoever without the prior consent of the Company.
4.4 Any payments for which the Company may become liable to any State and/or imposts applicable to any sale and/or delivery of goods quoted for are to be Purchaser’s account. Should any goods be assessed by the Customs Department at a higher rate than actually invoiced by the Company or should goods be so classified by the Customs Department that they carry a higher rate of duty and/or other charges than that provided for the Company, such increased assessments shall by borne by the Purchaser
5.1 All orders will be shipped to the delivery address as per the information purchaser has provided at the time of the order. Deliveries outside capital cities will be charged freight from the nearest capital city at the Company’s special rates using the Company’s current nominated carrier. The cost of these freight charges will be shown separately at the time of dispatching the goods. Notwithstanding that ownership of the goods may remain with the Company all risk in respect of the goods shall pass to the Purchaser upon delivery.
5.2 The Company will endeavour to deliver within the time limits but will in no circumstances be liable to any loss or damage of any kind whatsoever caused directly or indirectly by any delay in or failure of manufacturers or other suppliers to the Company. In the event of any delivery or installation or service to be made by the Company being delayed by strikes, lock-outs, floods, war, accident, fire, perils of the sea or river, transport delays, influx of orders, failure of manufacturers or other suppliers to the Company to deliver, or any other cause or contingency whatsoever then those circumstances the Company shall not be in any way responsible for any loss, damage or other consequence arising directly or indirectly out of such delay in delivery, installation or service.
5.3 Delivery charges will be a separate item on each invoice and shall be payable as a freight charge by the Purchaser to the Company. Those orders with a wholesale value less than three hundred (300.00) will attract a surcharge. Where an order is unable to be completed, the following will apply:
(a) Indent orders – the Company will continue to ship until the order is complete.
(b) Stock orders – back orders must be specified by the Purchaser, otherwise all non-delivered quantities will be cancelled and it will be the Purchaser’s responsibility to reorder these goods.
(c) Back orders which remain non-deliverable after thirty (30) days will be automatically cancelled.
5.4 The Purchaser shall inspect goods immediately upon delivery, and carry out any tests that a prudent purchaser would carry out.
5.5 The Purchaser shall give written notice to the Company of any alleged irregularity in quantity or description, or any faults or defects within two (2) working days from delivery.
5.6 If no notice if given by the Purchaser to the Company in accordance, the Purchaser shall be deemed to have accepted the goods and the Purchaser shall lose any right to reject the goods or claim any remedy whatsoever (including damages) against the Company.
6.1 This contract expressly excludes all warranties, conditions, liabilities or representations as to the quality of fitness of the Goods or the correctness of information or advice concerning the Goods or otherwise. Any rights which cannot legally be excluded, restricted or modified are not affected.
7.1 All claims for credit for damage, defective or short delivered goods or for goods to be returned must be notified to the Company immediately. The Company will not accept claims that are not notified within 2 days of delivery. Unless otherwise agreed, no request for credit will be approved until a representative of the Company has inspected the goods on which credit is claimed.
7.2 At all times, the Purchaser is responsible for maintaining proper care of the goods in question. Proper care of the goods includes storing the goods to ensure that weather damage does not occur. The Company will not accept claims for damaged good or for good returned where the Purchaser has not maintained proper care of the delivered goods.
7.3 In addition to any requirements specific above, if goods are not returned in accordance with the following requirements then the purchaser will in no circumstances be entitled to any credit;
(a) goods must be returned within 21 days of purchase. After this date the Company will not accept returns except in the case of faulty goods.
(b) prior to goods being returned to the Company a Returns Authority Number must be obtained from the Company’s Credit Return Officer in which time the reason for the goods being returned must be given along with the Purchaser’s account number and invoice where applicable.
(c) all stock must be returned to the Company by a courier nominated by the Company (“the nominated courier”). It is the Purchaser’s responsibility to contact the nominated courier and range for the goods to be collected from the Company’s premises. The Returns Authority Number must be clearly displayed on the outside of the package containing the goods. The Purchaser must retain a copy of the consignment note from the nominated courier in case of problems with delivery.
(d) Goods must be returned in their original Canterbury bags (excluding faulty goods). Failure to comply with this condition will result in a 5% bagging charge.
(e) Where the conditions for the return of goods set out in this clause have not been complied with or where in the absolute discretion of the Company the Purchaser’s claim for credit is not legitimate or basis then the goods will be returned to the Purchaser and the Purchaser will be responsible for any delivery charges and handling charged incurred by the Company.
7.4 The Purchaser acknowledges and agrees that the following goods are not acceptable for return or credit:
(a) goods produced/manufactured on the Purchaser’s instructions where those instructions have been complied with.
(b) goods altered or damaged by the Purchaser.
8.1 Any goods sold by the Company to the Purchaser must not be sold or resold in the U.S.A. or any other foreign country by the Purchaser whether by wholesale, retail, mail order or on the internet or by any other method without the prior written consent of the Company. Sales or resales of the Company’s brand goods outside of Australia may infringe Trade Mark legislation in that country.
8.2 The goods are supplied to the Purchaser for sale to consumers from the Business Premises only. The goods must not be:.
(a) resold to any person for the purpose of resupply to consumers; or
(b) sold from a location other than the approved Business Premises. Sales, resales, supply or resupply of the Company’s goods other than from approved Business Premises and in accordance with the terms and conditions of sales is also an infringement of the Company’s intellectual property.
9. THE COMPANY
9.1 The Company may refuse to sell the goods for any reason (whether or not part of a contract has been performed) including where the goods are unavailable for any reason, a non-complying order is received or the Purchaser has defaulted under the Company terms of credit provided such refusal to sell does not breach any law. In particular, the Company may review, change, suspend and/or cancel any order if the Purchaser exceeds their credit limit or allows their account to become overdue
9.2 Any liability of the Company with respect to the goods shall arise in accordance with these Terms and Conditions only and shall be limited to the replacing of the goods or acquiring equivalent goods, as the Company may elect.
9.3 The Purchaser, and where the Purchaser is unincorporated each proprietor agrees that if demand is
made upon it, him or her by the Company, The Purchaser or, if applicable, that proprietor will immediately execute a caveat or mortgage, as required by the Company to secure the obligations pursuant to this clause. If he, she or it fails to execute a caveat or mortgage within a reasonable time of being so requested, the Purchaser or, if applicable, that proprietor irrevocably and by way of security appoints any credit manager or solicitor engaged by the Company to be its, his or her true and lawful attorney to execute and register such instruments.
10. RISK AND OWNERSHIP
10.1 The risk in goods shall pass to the Purchaser upon delivery, The Purchaser shall insure the goods against loss or damage from time to time.
10.2 Notwithstanding the passing of risk, all goods delivered by the Company to the Purchaser remain the property of the Company until all goods supplied by the Company to the Purchaser have been paid for in full. Until that time, the Purchaser may sell the goods in the ordinary course of its business as agent for Company, and the proceeds shall be held in trust for and as the property of the Company. Prior to any such sale, the Purchaser shall hold possession of the goods for and on behalf and as bailee for the Company and shall return goods to the Company on demand. The Purchaser shall wherever possible separately store goods until the title in them has passed. The Company will be entitled to enter the premises of the Purchaser at any time to recover possession of the goods until payment in full has been made.
11.1 In the event that any terms or provision or part of a provision of these terms cannot be given effect for any reason then the term of provision or part which cannot be given effect shall be severed and read down restrictively and the remaining terms and provisions shall remain valid and binding on the parties.
11.2 No waiver of a term or provision or any contract shall be continuing waiver of the term or provision.
11.3 The provisions of these Terms and Conditions and any contract between the Company and the Purchaser shall be governed by the laws of the State of Queensland.
11.4 All goods sold by the Company are sold and supplied on these Terms and Conditions (which the Company can amend from time to time as its discretion). Any trading terms issued by Canterbury from time to time form part of these Terms and Conditions. However, in the event of any inconsistency these Terms and Conditions will prevail.
11.5 If the Purchaser places an order, accepts delivery of the Goods or makes payment or otherwise performs any of these terms the Purchaser will be taken to have accepted these terms.