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TERMS & CONDITIONS

TERMS OF TRADE

If you purchase any products via this website (including through Click & Collect service), you must agree to these Terms of Trade as well as the Terms of Use.

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​The information contained within this document relates to the Tor & Co New Zealand onlinestore operated by Tor & Co New Zealand Limited trading as Tor & Co (and referred to in this document as Tor & Co, we, us, our). The Terms of Use, the Terms of Trade, our policies. Please read these Terms of Trade carefully prior to any purchase as they contain important information including warranty disclaimers and limitations of liability.

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Definitions and Application

In these Terms of Trade, ‘you’ means the organisation or individual who is ordering product on this website, ‘website’ means https://www.torandco.co.nz/, and the “Products” means the Tor & Co products which may be ordered on this website.

These Terms of Trade apply to any purchase of any Products by you from this website and through the Click & Collect service, which are delivered in New Zealand. You accept these Terms of Trade each time you place an order with Tor & Co for Products. Each order you place will be a separate contract between you and Tor & Co for the supply of Products.

Shipping costs and deliveries We aim to deliver Products to you at the place of delivery requested by you within the time frame indicated by us at the time of your Order, but we can’t guarantee firm delivery dates or times. Delivery options are set out here, and such delivery information is an indicative estimate only. To the maximum extent permitted under the law, Tor & Co will not be liable to you for loss you or any third party suffers as a result of any delay to deliver the Products for any reason.

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Orders

  1. If you wish to cancel or amend an Order, please contact us. We may be able to cancel or amend an Order that has not already been processed and refund to you any payment in full, but we can't guarantee that we will be able to do so.

  2. Tor & Co reserves the right to refuse any Order. In such case, Tor & Co will notify you as soon as reasonably practicable and refund to you any payment in full. If a Product is out of stock following the submission of an Order and payment, Tor & Co will refund or exchange as set out here.

  3. You acknowledge all Products ordered are for personal non-commercial use and gifting only. They must not be resold in any form or any place. Tor & Co reserves the right to take legal action against unauthorised and unofficial sale of goods.

 

Prices and Payment

  1. All prices on the website are in New Zealand dollars and are inclusive of GST. Prices are subject to change without notice. Please check the prices for the Products when submitting your Order.

  2. The amount payable to Tor & Co for an Order (Order Amount) will be the total of the following amounts: (a). the sum of the price of each Product ordered and included taxes as indicated on the website at the time of submitting the Order; (b) the cost of delivery for the delivery option you have selected as set out here; and (c) the sum of any other fees which Tor & Co levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).

  3. You must pay the Order Amount using an accepted payment method at the time of submitting the Order. The payment methods accepted by Tor & Co on this website can be found here. Tor & Co reserves the right to add or remove payment options at any time in its sole discretion.

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Title and Risk

  1. Title to and risk of loss or damage to the Products is transferred from Tor & Co to you at the time of the delivery of the Products to you.

Consumer Guarantees Act 1993 (“CGA”) and Fair Trading Act 1986 (“FTA”)

  1. To the maximum extent permitted by law and solely to the extent it is fair and reasonable to do so, to the extent you acquire (or hold out to be acquiring) the Products in trade you agree to contract out of the CGA and sections 9, 12A, 13 and 14(1) of the FTA, and our liability is accordingly limited.

  2. Nothing in these terms (particularly the clauses headed “No Warranty”, “Liability” and “Return of Goods”) is intended to limit a consumer’s rights under the CGA or FTA to the extent you are not acquiring the Products for business purposes. Tor & Co does not provide any express guarantees.

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Liability

  1. Without limiting Tor & Co's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Tor & Co reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment: (a) withhold supply and/or dispose of the Products requested in the Order, and/or (b) refuse to deal further with you, and Tor & Co will not be liable to you for any loss or damage directly or indirectly resulting from any such action.

  2. Subject to the following "No Warranty" clauses and solely to the fullest extent permitted by law: (a). the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them; and (b) the liability of Tor & Co for any loss or damage suffered by you as a result of Tor & Co breaching its obligations under these Terms of Trade whether in contract, tort (including negligence) or otherwise however caused (including direct, indirect, consequential or special loss or damage, and including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products. In no event will Tor & Co be liable for special, indirect, consequential or punitive damages related to any Product sold.

No Warranty

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  1. Subject to the following clauses and to the fullest extent permitted by law, Tor & Co gives no representation or warranty whether express, implied, statutory or otherwise in respect of the Products, their condition, quality or fitness for any purpose, or in any content on the website and is not liable for any loss or damage however arising as a result of a fault or defect in a Product or for any errors or misstatements in the website.

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Refunds and Returns

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If you would like to return or exchange a Product, please refer to our Returns Policy.

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Force Majeure If Tor & Co is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Tor & Co will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.

GST Where Tor & Co makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, Tor & Co will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.

In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the Goods and Services Tax Act 1985 and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST legislation.

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General

  1. If any provision of these Terms of Trade is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).

  2. Subject to the "No Warranty" section of these Terms of Trade and to the fullest extent permitted by law, these Terms of Trade together with the Order (as accepted by Tor & Co), the Terms of Use, the Returns Policy and Tor & Co's Privacy Policy constitute the whole agreement between the parties and supersede all prior discussions and agreements between them.

  3. The law applicable to these Terms and any Orders is the laws of New Zealand and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the non-exclusive jurisdiction of the New Zealand courts.

  4. Tor & Co reserves the right at all times to make changes to these Terms of Trade. Any variations to these Terms of Trade will take effect from the date the updated Terms of Trade are made publicly available online. Notwithstanding the foregoing, the Terms of Trade which apply at the time you place an Order are those that govern that Order. These Terms of Trade were last updated on 25 October 2023.

Privacy & Safety

TERMS OF USE

The information contained within this document relates to the Tor & Co New Zealand website and online store, operated and maintained by Tor & Co New Zealand Limited trading as Tor & Co (and referred to in this document as Tor & Co, we, us, our). The Terms of Trade relevant to our New Zealand online store can be found in the footer of our New Zealand web store. These can be accessed by clicking on “Terms & Conditions”.

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The use of our website (including the Live Assistance function) by a person ("you") is subject to this document. This document contains important information, including warranty disclaimers and limitations of liability. Your use of this website in any way, including, without limitation, browsing the website, using the Live Assistance function or any information contained on this website and/or purchasing products on this website constitutes acceptance of the terms in this document.

Disclaimer The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Tor & Co does not give any express or implied warranties and makes no representations in relation to this website (including the Live Assistance function). In particular, while reasonable care is taken in its preparation, Tor & Co does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website (including through the Live Assistance function) or its usefulness in achieving any purpose. You accept that content on the website (including through the Live Assistance function) may include technical inaccuracies and typographical errors. Information on this website (including through the Live Assistance function) should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided. In addition, to the fullest extent permitted by law, Tor & Co does not warrant that the website (including the Live Assistance function) is free from any computer viruses or other defects or that your access to the website (including the Live Assistance function) will be continuous or uninterrupted. Tor & Co accepts no liability arising from your access to this website (including use of the Live Assistance function).

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Limitation of Liability Subject to the provisions of consumer protection legislation that cannot be excluded (including the New Zealand Fair Trading Act 1986 and Consumer Guarantees Act 1993), Tor & Co accepts no liability arising from the information on this website (including through the Live Assistance function), or on websites linked from this website, being incorrect, incomplete or misleading.

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Consumer Protection Legislation

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To the extent the provisions of consumer protection legislation apply (including the New Zealand Fair Trading Act 1986 and Consumer Guarantees Act 1993) and you are not purchasing our goods or services for business purposes, nothing in this Terms of Use, together with your order (as accepted by us), the Terms of Trade, and our Returns and Exchanges Policy are intended to limit your rights under the New Zealand consumer protection legislation that cannot be excluded..

Intellectual Property

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Copyright All content on this website, including text, graphics, logos, photographs, images, audio and video clips and data compilations is the property of Tor & Co or its content suppliers and protected by New Zealand and international copyright laws. The compilation of all content on this site is the exclusive property of Tor & Co and protected by New Zealand and international copyright laws.

Trademarks Tor & Co and all related graphics, photographs, logos, and product and service names are trade marks (both registered and unregistered) of Tor & Co Ltd. or its affiliates in other countries. These trade marks, logos and other proprietary graphics may not be used in connection with any other product or service without Tor & Co's express prior written consent.

Use of this website does not give you any rights, title, interest or ownership in any intellectual property rights (including copyright) and proprietary rights to the content of this website (including the Live Assistance function) or any trademarks, logos or other proprietary graphics of Tor & Co or its affiliates.

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Licence and Site Access Subject to your use of this website in accordance with these Terms of Use, Tor & Co grants you a limited licence to access and make personal use of this site and not to download (other than downloading these Terms of Use, Terms of Trade, and our policies that apply to your use or interaction with our website (including the Live Assistance function) and online store for your records, page caching or to access wholesale inquiry forms designed for downloading) or modify it, or any portion of it, except with Tor & Co's express prior written consent. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, modified, republished, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Tor & Co. You may not use any metatags or any other hidden text using Tor & Co's name or trademarks without Tor & Co's express prior written consent. Any unauthorised use or breach of these Terms of Use will automatically terminate the licence granted above.

Third Party Websites Tor & Co may include links on this website to websites owned by other parties. Tor & Co is not in any way responsible for the material contained on these sites, nor is Tor & Co responsible for the availability of these sites. Tor & Co does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Tor & Co responsible for any damage, offence or loss caused as the result of visiting these websites. Tor & Co recommends that before you visit any website you check that your computer is running up-to-date virus checking software.

Submissions

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You agree that any feedback or material you send to Tor & Co on or via this website is non-confidential, non-proprietary and does not infringe the intellectual property rights of any third party. This includes any data, questions, comments, suggestions, ideas or other information. Tor & Co may use any material provided by you to Tor & Co on or via this website which is not your personal information, for any purpose without compensation to you.

Privacy Your personal information will be collected by Tor & Co if you use our website, choose to create a Personal Account, make an order for any products from Tor & Co or contact Tor & Co on or via this website. Tor & Co's Privacy Policy, which can be accessed at here, explains how Tor & Co generally handles your personal (including sensitive) information. The Privacy Policy also includes information about how you can:

  • seek to access and/or correct your personal information Tor & Co holds about you; and

  • submit a privacy query or complaint to Tor & Co and how Tor & Co will deal with your query or complaint.

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By using this website, you agree that Tor & Co can use your personal information in accordance with its Privacy Policy.

Security Tor & Co's credit card transactions are fulfilled by a banking institution authorised under the laws applicable to this website. When collecting credit card information for online purchases, Tor & Co offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched. Although Tor & Co engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.

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General Tor & Co may vary these Terms and Conditions at any time by publishing a revised version of the Terms and Conditions on this website. These Terms and Conditions were last updated on 25 October 2023. The law applicable to these Terms and Conditions is the laws of New Zealand and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the non-exclusive jurisdiction of the New Zealand courts.

PAYMENT METHODS

  • Credit / Debit Cards

  • PAYPAL

  • Offline Payments

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