Perch This Limited Website Terms and Conditions

Dated: The 11th Day of October 2015
1 Terms and Conditions
1.1 Welcome to Perch This, these Terms and Conditions are applicable to your access and use of the Website at
www.perchthis.co.nz. These terms and conditions are known collectively below as the “Terms” By using this
Website or using our Services you agree to these Terms, as well as our Privacy Policy. If you do not accept
these Terms you must refrain from using the Services and the Website.
1.2 We reserve the right to amend these Terms from time to time. We shall communicate all changes to these Terms
to registered users via the email address you have provided when registering. Continued use of the website
following any amendments will represent your agreement to be bound by these Terms as amended.
1.3 You may not use the Services and may not accept the Terms if you are not of legal age to form a binding
contract.
1.4 Terminology: In these Terms, the following expressions have the meanings set out:
‘order’ means the individual order that you have placed;
‘Services’ means any one or more of the services offered by Perch This Limited;
‘shipment’ means the collective orders that our customers have placed with one supplier;
‘we’, ‘us’, and ‘our’ are a reference to Perch This Limited;
‘Website’ means www.perchthis.co.nz
‘you’, ‘your’ and ‘User’ are a reference to you.
2 Provision of Services
2.1 You must register as a member on the Website to gain access to some services.
2.2 We may at our sole discretion and without notice limit, deny or create different levels of access for
different users.
2.3 We may launch, change, upgrade, impose conditions to, suspend or stop any service without prior notice.
2.4 Some Services may be provided by third parties on behalf of Perch This Limited. (such as shipping and
distribution)
3 Site Access
3.1 You must read our Privacy Policy which contains information on the collection, storage and use of private
information about our Users. By using this Website you agree to the conditions in our Privacy Policy, and
you agree to the use of you personal information as set out in our Privacy Policy.
3.2 This Website may provide access to other websites and content through the use of hyperlinks. We do not
monitor the content of these websites, and do not take any responsibility for their content, maintenance, or
privacy compliance. Any hyperlink on our Website to another website does not constitute our endorsement,
recommendation, support or sponsorship of any of the content, products, or services provided by that
website.
3.3 You may link to our Website with our consent. Any such linking will be made entirely at your expense, and
will be your responsibility. By linking, you must not alter any of our Website’s contents, and you must not
frame or reformat any of our pages, files, images, text or other materials.
3.4 You agree not to undertake any action which may undermine our computer systems or networks, nor attempt to
gain unauthorised access to our or any other User’s computer systems or networks.
3.5 You may not use any automated means to access our Website, including but not limited to robots, spiders or
scrapers. You may not mirror our Website without our written permission. We reserve the right to serve you
notice if we become aware of your mirroring of our Website.
4 Member Accounts
4.1 Users must register an account on this Website to access some content and services (a registered User is
also referred to as a “Member” below). Each User may only register one member account on this Website. We
reserve the right to reject any User’s application for registration for any reason.
4.2 To complete the registration a User must provide certain information as set out on our registration page.
Please refer to our Privacy Policy for information to our collection, storage and use of the details you
provide on registration.
4.3 You agree to ensure your registration details are correct at all times, it is your responsibility to update
your details when they change.
4.4 Each Member will be issued with a unique username and a password (password will be chosen by the User upon
registration). Each Member shall be solely responsible for maintaining the confidentiality and security of
your username and password, as well as all activities that occur under your account. No Member may share,
assign, or permit the use of your Member account, username or password by another person outside of the
Member’s own business entity. The Member agrees to notify Perch This Limited immediately if you become aware
of any unauthorised use or breach in security of your account.
4.5 The Member agrees that all activities that occur on their account will be deemed to have been authorised by
the Member, this includes without limitation, purchasing products, transferring of Online Wallet funds or
posting feedback.
4.6 We reserve the right to terminate or suspend your account at anytime if you breach these Terms.
4.7 You agree not to undermine the feedback system, which includes without limitation placing unsubstantiated
feedback.
4.8 The Member agrees to only use our products for commercial purposes only (not for individual or personal
use), as such the provisions of the Consumer Guarantees Act 1993 do not apply to our products
5 Product Descriptions
5.1 We endeavour to ensure that all of our products are described as accurately as possible on our Website,
however we do not warrant that descriptions are accurate. Where we become aware of any error or omission in
our description we reserve the right to correct them.
5.2 Images relating to products on this Website are provided for illustrative purposes only, we do not guarantee
that any image will reproduce in true colour nor that any given image will reflect or portray the full
design or options relating to the associated product.
6 Product Orders
6.1 Listed products may not necessarily be available.
6.2 Prices for products on the Website are based on United States Dollars, prices are updated to New Zealand
Dollars daily.
6.3 At the time of placing your order you will be charged a proportion of the international shipping costs for
the shipment. If the shipping costs for the shipment are determined by the weight of the shipment, your
proportion of international shipping cost will be equal to the weight of your order compared to the weight
of the shipment. If the shipping costs for the shipment are determined by the volume of the shipment, your
proportion of international shipping charges will be equal to the volume of your order compared to the
volume of the shipment.
6.4 When you place your order you must provide a delivery address in New Zealand, you will be charged local
distribution and shipping costs based on the weight and volume of your order and your delivery address. You
will be charged the local distribution and shipping cost in New Zealand dollars at the time of placing your
order. It is your responsibility to provide a means of unloading your products at your delivery address.
6.5 At the time of placing your order you will be charged an insurance fee that will be placed into an
“Insurance Fund”, you will be charged in New Zealand Dollars at the time of placing your order.
6.6 We reserve the right to charge an additional service fee, you will be charged in New Zealand Dollars at the
time of placing your order.
6.7 You may make payment for your order in the following ways; through PayPal.
6.8 The “shipment cut-off time” is the point at which the shipment will be placed with the supplier. Once the
shipment placement time has been reached and the minimum order quantity has been met then the shipment will
be placed immediately with the supplier. If the shipment placement time has been reached and the minimum
order quantity has not been met then the shipment will remain until the minimum order quantity has been met,
at this point the shipment will be placed immediately with the supplier. By default orders will remain with
the shipment until cancelled.
6.9 You cannot cancel your order until the shipment cut-off time has been reached and the
shipment was not placed with the supplier. When you elect to cancel your order you will be refunded the
amount paid back into the account the payment was made from.
6.10 If you elect to change your delivery address, you must notify us within 7 business days of the shipment
arriving in New Zealand. A new local distribution and shipping charge will be calculated based on the new
shipping address. If the new distribution and shipping cost is higher than the original distribution and
shipping charge then you will be charged the difference between the two, payment of the difference must be
received within two business days of the shipment arriving in New Zealand otherwise your order will be sent
to the original delivery address.
7 Insurance Fund
7.1 All orders will be charged an insurance fee, this fee will be placed into the “Insurance Fund”
7.2 We reserve the right to use the funds in the Insurance Fund for any unexpected costs arising from the import
of any shipment. Unexpected costs include without limitation freight damage, missing freight, supplier
fraud, fumigation of containers, and the cleaning of containers.
8 Intellectual Property Rights
8.1 Perch This Limited is the sole owner or lawful licensee to the rights of all content on this Website,
including without limitation applets, graphics, images, layouts and text.
8.2 Perch This Limited is the sole owner or lawful licensee to all trademarks, brands and logos generally
identified with either the symbols ™ or ® which are used on this Website. Your access to this Website does
not license you to use those marks in any commercial way without our prior written permission.
8.3 By posting any User comments, content, ideas or information (called “Comments”) on this Website you grant an
irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to Perch This Limited to
display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative
works, and otherwise use any or all of the Comments in any form of media, or technology now known or not
currently known in any manner for any purpose which may be beneficial to the operation of the Website.
8.4 By providing Comments you are acknowledging that you have the rights, power and authority to grant the above
license.
9 Disclaimers
9.1 Although we have taken all due care in ensuring the information on this Website is as accurate as possible,
we do not provide any warranty either express or implied including without limitation warranties of title or
implied warranties of fitness for a particular purpose or warranties of merchantability.
9.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms
and conditions is excluded.
9.3 We take due care to ensure the Website is free of any malicious software, including without limitation a
virus, Trojan horse, worm, or malware, however we are not responsible for any damage to your computer system
or networks which arises in connection to your use of our Website or any linked website.
10 Limitation of Liability
10.1 To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited
to the supply of the goods and/or services again or payment of the costs of having those goods and/or
services supplied again.
10.2 We accept no liability for any loss whatsoever including without limitation consequential loss suffered by
you arising from product/s we have supplied or any loss suffered by you arising from late or no delivery.
11 Indemnity
11.1 By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages,
costs and expenses including legal fees arising from or in connection with your use of our Website.
12 Force Majeure
12.1 Under no circumstances shall Perch This Limited be held liable for any delay or failure or disruption of the
content or services delivered through this Website resulting directly from acts of nature, forces or causes
beyond our reasonable control.