Conditions of Purchase
‘The seller’ refers to Better Business Academy Limited.
‘The buyer’ refers to any legal entity purchasing from the seller.
‘product(s)’ refers where applicable to any good or service (including coaching or mentoring services, advice, webinars or other events) supplied by the seller to the buyer.
These Conditions of Use shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).
The seller’s website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The seller’s acceptance of the buyers order occurs (and the contract is formed) when the products are dispatched to the buyer
The buyer may order products from the seller by completing and submitting the checkout process on the seller’s website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order.
The sellers discretion in rejecting orders
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
Consumer Guarantees Act 1993
In the event this transaction is subject to the Consumer Guarantees Act 1993 (“the Act”) then:
(a) If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products.
(b) In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit the purchaser’s rights under the Act.
Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD). Any currency conversion will take place online at the rate applicable at the time of purchase.
Taxes and other charges
All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.
Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to buyers order.
Where the buyer and the seller agree to a variation in the quantity of the products, the products shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
The seller may vary any prices on the seller’s website at any time and without notice to the buyer.
Availability and Cancellation
All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
Cancellation of orders
Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
The buyer may cancel the buyer’s order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
Once the seller has confirmed acceptance of the buyer’s order, the seller will endeavour to dispatch the buyer’s order within three business days unless a different time frame is specified in relation to a particular product. If the seller is unable to dispatch the buyer’s order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date.
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.
The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions.
New Zealand law requires all international packages to have attached customs documentation, which describes the products being sent and their cost.
Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of products delivered is limited to make up the shortages. Where the buyer believes that there is a shortage in quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim.
All products purchased through the seller will be insured to the extent of the standard level of insurance cover under the courier’s normal terms and conditions for such products delivered by the seller’s courier. It should be noted that maximums do apply and the buyer should enquire with the seller if higher levels of cover may be desired by the buyer.
Products leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
- Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
- Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
- Within seven days of receipt of consignment the buyer must ensure that all products received are in good order and condition.
No damage claims will be considered after seven days of receipt of products. While no liability for products damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.
Return of Products for Credit or Refund
Products supplied in accordance with the buyer’s order can only be returned with the express approval of the seller.
Please refer to the Returns Policy set out below to see what is covered.
Liability and Maintenance Guarantee
To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory) with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.
To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.
To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any direct, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyer’s access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.
In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the products supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within six months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.
At the termination of the appropriate period (i.e. guarantee period) all liability on the seller’s part ceases.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
Where the products involve the provision of guidance or information by the seller to assist the conduct of the buyer’s business, the buyer acknowledges that the information and guidance is of a general nature only and it is the buyers obligation to evaluate the suitability of the strategies, tactics and other guidance provided by the seller before implementing them into the buyer’s business.
The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the products from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 30 days after the products have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the products for a full refund.
Ownership and Risk
Ownership of all products sold by the seller (“the products”) is retained by the seller until the seller has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of products by a creditor of the buyer or default in payment.
Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products.
Description of Products
Modifications and improvements to the seller’s products, prices and data are constantly being made.
Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
If the products do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
Where through participation in any individual or group seminar, session or otherwise through the provision of any products, the buyer becomes privy to any confidential information belonging to the seller or any other third party, the buyer agrees to keep such information strictly confidential and not disclose such information or use it for the buyer’s own benefit.
The seller shall not have any liability for the disclosure or misuse of the buyer’s confidential information by any other party participating in a seminar or group session.
The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the products, or failure to perform any term of this contract where such delay or failure is outside the seller’s reasonable control.
The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.
Changes to these Conditions of Use
The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller’s website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
Disputes and Governing Law
These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply).
The item I received is not the item I ordered
Provided the item is unopened and in mint condition we’ll replace the item or provide a full refund. To receive your replacement or refund you must return the original item to the Seller. You will be provided with a no-cost return-addressed courier satchel (or similar) and process your refund or replacement within 2-3 days of receiving your item.
The item I ordered was damaged in transit
If your item was damaged between leaving the Seller’s warehouse and arriving at your delivery address you will receive a full refund or replacement. The seller’s nominated courier will collect the damaged parcel from your address, along with the original packaging, and once the damage has been verified your return will be processed. This process can take up to one week after the products have been delivered back to the seller.
The item I ordered arrived faulty or didn’t work as intended
Please arrange with the Seller to return the item for testing. If we confirm that the item was damaged before leaving the Seller’s premises or was faulty out of the box, your item will be repaired or replaced by the Seller free of charge. A refund may also be offered in some circumstances.
I’ve had my item for a while, but it no longer works as described
We will assist where possible with the repair or replacement of faulty items. Where appropriate, we are also happy to work with our suppliers on your behalf or provide you with the contact information for the right people to speak to.