Welcome to the Treetools New Zealand (the "Site"), an Internet website operated by Treetools New Zealand Ltd. To purchase products or services from this website or to access you must agree to the following terms and conditions (collectively, this "Agreement").
1. THE SITE During the term of this Agreement, you may purchase products or services listed for sale on the Site. Treetools reserves the right to change the Site, including the products and services available, from time to time. You are responsible for your Internet access. You shall have no right, title or interest in the Site other than the limited right to use it as expressly provided in this Agreement. You shall not, and shall not permit any employee or another person to, copy, make derivative works of, disassemble, decompose or reverse engineer the Site. Treetools reserves the right to terminate this Agreement and your access to our online products and services at any time.
2. ORDERS ACCEPTANCE You may place an order for products or services on the Site by following Treetools How to Buy policy. All orders Treetools receives are subject to final acceptance by Treetools, and no order is binding on Treetools until it accepts the order.
3. PRICES PAYMENT Treetools may change the prices at any time, and only those prices specified in an order accepted by Treetools will apply to the order. If you request that all or any part of the products be scheduled for delivery more than 30 days from the order date, the prices stated in the order are subject to change according to any price increase by Treetools effective as of the date of the scheduled shipment. You shall be responsible for and shall pay all sales, use, excise, privilege and other taxes levied by any government, excluding taxes based on Treetools net income. All sales are payable in NZ Dollars. You must pay for your order with a valid credit card at the time of your order. Treetools accepts MasterCard and Visa only.
4. DELIVERIES All domestic orders shall be shipped by CourierPost or in the case of a ladder, MAINFREIGHT. All risk of loss to products sold shall pass to you upon Treetools delivery of the products to CourierPost. All delivery schedules are estimates only. Treetools will not be liable for any delay in the performance of an order or the shipment or delivery of products or any damages relating to a delay.
5. RETURNED PRODUCTS We try to be as accommodating as possible with our Returned Products Policy, but due to safety concerns, all climbing equipment including ropes, technical height safety equipment and equipment intended for life support cannot be returned or exchanged unless NZ consumer law requires replacement or repair under warranty. All other items can be returned within ten days of receipt for any reason other than a change of mind or circumstance. Products must be unused and without any damages to receive a full refund or exchange. There is a 15% restocking fee for items that do not meet these conditions. Please call us for a Return Authorization (RMA) number before sending in your package. When returning merchandise, please include a copy of your receipt as well as a note stating whether you want to exchange it for a different product or receive a refund. The returned merchandise excluding your original shipping charges and restocking fee (if applicable) will be credited back to your bank account. Use the original box to ship returned items. Please make sure your returned merchandise is packed securely to prevent damage. Please courier your returns to:
Treetools New Zealand Ltd
8A Kerwyn Ave, East Tamaki
If you have received the wrong product(s) or the merchandise has arrived damaged, please call 0800 TREETOOLS (873 386) from 8:00 AM to 5:00 PM Monday through Friday, and we will make arrangements to have CourierPost pick up the product(s) at no cost to you. Sales items and Customized products, including cut lengths of rope, are not eligible for a refund.
Treetools use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. Treetools use return email addresses to answer the email we receive, and this information remains private. You can register with our website if you would like to receive our catalogue as well as updates on our new products and services. The information you submit on our website will not be used for this purpose unless you request it. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses.
To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Should you have any other questions or concerns about these privacy policies, please call us toll-free at 0800 TREETOOLS (873 386) or send us an email at email@example.com. Treetools is owned and operated by Treetools New Zealand Ltd.
7. LIMITED WARRANTY DISCLAIMER Treetools warrants to the initial purchaser only that the products sold to that purchaser will be free from defects in material or workmanship for 90 days after the date of delivery. Treetools sole obligation for any non-conforming products shall be, in its sole discretion, to refund the purchase price or to replace the product determined defective by Treetools at the time of delivery if you follow the Returns Policy. Failure to comply with this policy shall revoke and void this warranty. No employee, agent or sales representative of Treetools shall have any authority to alter, expand or modify this Limited Warranty. This Limited Warranty does not cover normal maintenance, items consumed during normal operation, use under circumstances exceeding specifications, misuse, abuse, unauthorised alteration, lack of proper procedure, or damage caused by natural causes such as fire, storm or flood. This Limited Warranty is your exclusive remedy. Except as expressly provided in this Agreement, Treetools shall not be liable to you or any other person or entity in any manner with respect to the products or services. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TREETOOLS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND AS TO THE PRODUCTS AND SERVICES, EXPRESS AND IMPLIED, INCLUDING ALL REPRESENTATIONS AND WARRANTIES AS TO MERCHANTABILITY,THE FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, THE SUITABILITY OF THE PRODUCTS FOR YOUR PURPOSES OR THE IMPACT OF THE PRODUCTS ON YOUR OPERATIONS.
8. LIMITATIONS IN NO EVENT SHALL TREETOOLS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS. TREETOOLS SHALL NOT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR ANY AMOUNT MORE THAN THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES AT ISSUE.
9. SELECTIONS AND APPLICATION You are solely responsible for the proper selection and application of the products and services. You shall use and apply the products only for their intended uses and according to specifications and limitations established by Treetools from time to time. You shall indemnify, defend and hold harmless Treetools and its affiliates, directors, officers, employees and agents from and against any and all third party damages, claims, expenses and legal fees arising out of or relating to the improper selection, application, use or incorporation of the products or misuse or abuse of the products.
10. FORCE MAJEURE Treetools shall not be liable for delays or failures to perform caused, directly or indirectly, by acts of God, acts or failures to act by any governmental authority, wars (declared or undeclared), strikes or other labor disputes, fires, floods, earthquakes, storms, epidemics and other natural calamities.
11. GENERAL Treetools is an independent contractor, and nothing in this Agreement or on the Site shall be construed as creating a partnership, joint venture, agency or fiduciary relationship with you. This Agreement and any dispute or claim relating to this Agreement or Treetools products or services shall in all respects be governed by and construed according to the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand Courts.