Terms and Conditions
Please read these Terms and Conditions carefully before using the https://toughguard.co.nz website.
Any request for supply of the products on our website that you place with us and any products we sell to you are subject to:
- these Terms and Conditions which are posted on the website and which you are deemed to accept by placing an order;
- any additional terms and conditions on our website which apply specifically to that product;
- any rights you may have as a consumer which are modified and limited by these Terms and Conditions only to the extent permitted by law.
If you disagree with any part of the terms then you may not access the service or place an order.
Tough Guard reserves the right, at our sole discretion may modify, alter or otherwise update the terms applicable to this Website from time to time. If a revision is material we will try to provide at least 25days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Location and Price: The price of products on this website are listed in New Zealand Dollars.
Payment Services: Where payment for any product or service is required, ToughGuard NZ uses Paypal, (see www.paypal.com) to process transactions.
Security: Paypal uses a variety of technologies and procedures to help protect personal information from unauthorized access, use or disclosure.
Paypal has been set up in a secure fashion with minimal access to outside networks. For further information please visit https://www.paypal.com/nz/webapps/mpp/paypal-safety-and-security.
Orders:By placing an order with us you are making an offer to purchase the products you have selected subject to these Terms and Conditions.
- only order products in accordance with the instructions on this website, and
- pay for the Products in full (without set-off or deduction of any kind)
When buying product/s from ToughGuard NZ payment is taken in full at the time of the purchase in line with the payment services list above.
For ToughGuard NZ orders you should receive your order within 3-5 working days. However if you haven’t received your order after 10 working days, please contact us to do a track and trace on your item.
Even though we may have accepted your order, we may cancel your order by notice in writing to you at any time and for any event which is beyond our reasonable control including but not limited to the shortage of materials leading to manufacturing issues or delays, damage or destruction of the products prior to delivery to you or failure of the manufacturer to supply the product to the standard we require. If we do cancel your order we will refund, by credit to the method of payment used. Unless otherwise stated on the Product listing and in our invoice for the Products, we will bear the cost of goods and services tax payable under the New Zealand Goods and Services Tax Act 1985 (“GST”) and import duty payable (if any) on products you purchase from us.
We will only sell and deliver products within New Zealand.
We may cancel an order if we believe it is fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
We may alter the prices of the products, the products available on the website and any other information on our website at any time before you place an order without notice to you.
Products will only be shipped after payment has been received in full.
Products that are not in stock may be sent directly from the Supplier.
If a Product is on Back Order, you will be notified.
The products are at your risk as soon as they leave our premises for delivery to you.
You will be notified of the expected delivery date via email when the order is placed. If there are any changes to this date, we will inform you via email.
Orders cannot be cancelled once it has been fully completed however, normal returns policy may be applicable.
Where the Consumer Guarantees Act 1993 applies to the products, and you wish to make a claim under that Act, you must return the products to us so that we can inspect the products and identify the source of the fault. Subject to section 22 of the Consumer Guarantees Act 1993, it is your responsibility to cover any costs of returning the products to us.
Any claim which you make as a result of any defect in a product or products purchased through ToughGuard NZ shall be limited to the replacement of the defective product or products (if applicable) or the refund of a maximum amount equal to the purchase price of the product or products.
ToughGuard NZ is fully committed to providing excellent service and a premium-level product throughout New Zealand. ToughGuard NZ accepts no responsibility for the application of the ToughGuard product range and provides no warranty in terms of the longevity of the product as we have no control of the application process when ‘D I Y’ product is applied. However we do provide a warranty when work is completed by a ToughGuard Commercial Applicator. Please contact us for further information.
Fair Trading Act NZ: We are a registered New Zealand company so you are covered (where applicable) under the Fair Trading Act 1996.
Consumer Guarantees Act NZ: Personal Consumers are also covered (where applicable) by the Consumer Guarantees Act 1993.
Links to other websites: Our website may contain links to third-party websites or services that are not owned or controlled by ToughGuard NZ.
ToughGuard NZ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that ToughGuard NZ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Copyright: You acknowledge that we are the sole owner or licensee of all intellectual property rights in the products and in the website. We hold copyright in all content and elements of our website. You must not copy, alter or reproduce any product (or any part of a product), our content or logo, nor permit any person to do so without our prior written consent.
“we” “us” “our” means the New Zealand company ToughGuard NZ, “you” means the person placing the order on the website www.toughguard.co.nz.
“Website” means www.toughguard.co.nz and includes any derivative from that website.
Contact Details: If you have any further questions relating to these terms or the Website please contact ToughGuard NZ by email at firstname.lastname@example.org