INTRODUCTION
These Terms & Conditions form the principles under which we conduct business with our customers and clients. While we have tried to make these Terms & Conditions easy to read and understand, it is important that you let us know if you find any part difficult to understand so that we can improve future revisions of this document. This does not mean, however, that you may disregard any provisions in this document when dealing with us.
DEFINITIONS
We refer to ourselves, The Toy Shop 2009 Ltd, throughout this document variously as or “We” or “Our”. We refer to you, our customer or client, throughout this document as “You” or “Your”. The normal conventions of English capitalisation and grammar apply to these definitions throughout the document. For example we may refer to “your order” or “our invoice”. We refer to both parties by the use of normal English such as “both of us”. When this document refers to “days” it means working days, as used in New Zealand. When we refer to weeks or months it means calendar weeks or calendar months respectively.
CHANGES TO TERMS AND CONDITIONS
These terms and conditions may be changed from time to time. All changes will be effective immediately upon posting changes on the website. It is the responsibility of all customers to be familiar with the latest terms and conditions. Your on-going use of The Toy Shop services signifies your agreement to these terms and conditions.
CONDUCT
We expect to conduct business with you in a professional manner, and believe that maintaining a good relationship with you is one of our highest priorities. Both of us will act in good faith at all times when dealing with each other.
CONFIDENTIALITY
We will both keep details of our business confidential, in line with our Privacy Policy, which is contained within our Website Terms of Use, with the following exceptions:
Should it be necessary, either of us may refer to the existence of our commercial relationship with the other to third parties unless we have both previously agreed not to in writing.
This referral is limited to statements of the existence of this commercial relationship and may include the use of any generally available logos and trademarks (with acknowledgements) and links to Internet websites.
Where appropriate, we may agree to the terms of an additional Confidentiality Agreement (also known as a Non-Disclosure Agreement). These Terms and Conditions will take precedence over any additional agreement with regard to the specific prior terms in this section.
SAFETY
You enter our workshop at your own risk. Although your safety is paramount we ask that you do not loiter on the workshop floor and that you remain in the reception area for your own safety, unless accompanied by a staff member. We may require you to sign a visitor register if you enter the workshop area.
PRICES
All prices that we publish on our website, and any quotes or estimates provided, are in New Zealand Dollars ($) and exclude Goods and Services Tax (GST) (currently 15%). These will be invoiced at the prevailing rates on the date of invoicing.We reserve the right to change the pricing of services at any time.Prices listed on this website in relation to the servicing of vehicles, or other vehicle services that we offer, are guidelines only and will be affected by your individual vehicle model and needs at the time the services or repairs are carried out.
QUOTED PRICES
Written quoted prices, which will be marked as such, will be binding upon The Toy Shop provided that the Customer accepts the quotation in writing within (30) days of issue.
ESTIMATED PRICES
Estimated prices shall not be deemed binding upon us, as the actual price can only be determined upon completion of the works. We undertake to keep the Customer informed should the actual Price look likely to exceed the original estimate.We will not be bound to charge a price which corresponds to that estimate where the cost of any purchases we have made for the purposes of the supply to you are in excess of our earlier understanding for the purposes of providing you with an estimate.Similarly if any work undertaken by us is more than originally estimated, and this was not reasonably foreseeable or could not be more exactly determined without further investigation, then we are not bound to charge a price which corresponds to our estimate. Any estimate of price we may give is simply an opinion as to what the price may be. We cannot give any assurance that the final price will correspond to an estimate given.
CONFIRMATION OF ORDER
All customers, will be deemed to have accepted the associated costs and authorised any work, either through verbal confirmation in person or telephonically, or via email, messenger or text confirmation. If you require a written copy of your quote or estimate to be emailed to you prior to work commencing, it is your responsibility to inform us of such requirement.
CANCELLATION
You may request to cancel our services at any time. We will require payment for any work in progress, including any costs in line with preparing the vehicle to be returned or retrieved by the owner or owner’s authorised representative.
PAYMENT
Unless we agree otherwise in writing with you, payment for all goods or services supplied must be paid for in full at the time of supply. No vehicles or parts will be removed from the workshop until full payment is received.
We accept cash and credit card payments for services and repairs. Full payment is required upon collection of your vehicle. Your vehicle will not be released until the full payment is complete.
We reserve the right to recover reasonable costs incurred in processing Visa or Mastercard transactions.
We may recover from you all costs we incur in attempting to enforce payment of any overdue account, including, but not limited to, storage costs, all debt collection, solicitor-client and court-related costs.
Interest may be charged on overdue amounts. Payment is due on completion of work or as weekly progress payments for restorations and large jobs. Interest will be charged at the current ASB Bank credit card rate and will accrue from 7 days following the date of issue of our invoice. The minimum charge will be $5.00.
If we overlook charging you for any goods or services supplied, as a result of a reasonable mistake on our part, we may invoice you for those items overlooked.
UNPAID SELLER’S RIGHT
Where the Customer has left any vehicle or item for repair, modification, exchange or for us to perform any other services in relation to the vehicle and we have not received or been tendered the whole of the price, or the payment has been dis-honoured, we shall have a worker’s lien over the vehicle or item.If claiming a worker’s lien over your vehicle, we can:
Retain possession of your vehicle, and despite any non-mandatory law to the contrary retain possession until all costs incurred by us in respect of retaining possession of your vehicle or enforcing the lien, together with our bill for repair charges and storage charges for your vehicle (and penalty interest we are entitled to) are paid in full;
A right to sell the vehicle or item in accordance with the provisions of the Wages Protection and Contractor’s Lien Act, Repeal Act 1987 and Contract and Commercial Law Act 2017 to recover our costs;
We may also claim from you any monies that remain owing to us after such disposal.
We may also charge storage costs for and/or remove from our premises your vehicle or property which has not been uplifted within one week of our notifying you (or making a reasonable attempt to notify you) that the vehicle or property is available for uplifting.
SUPPLIERS
While we take all care in selecting and recommending suppliers to you, it is your decision to undertake work with any such supplier and it is your responsibility to take all reasonable steps to check out the suitability of any such supplier. Any work carried out by these suppliers is strictly their responsibility and as such, any claim in respect of goods supplied needs to be taken up directly with the supplier.
FORCE MAJEURE
Neither party shall be liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or any other event beyond the reasonable control of either party.
GENERAL TERMS
In the event of a dispute arising in relation to these Terms and Conditions, the New Zealand courts will have non-exclusive jurisdiction over such a dispute. If we do not exercise or enforce any right available to us under these Terms, this does not constitute a waiver by us of those rights. We may transfer this agreement or any benefit or obligation of this agreement to any person without notice to you. You may not transfer any benefit or obligation to any other person without our written consent. Each part of these Terms is separately binding. If for any reason any part cannot be relied on, all other parts remain binding.
INDEMNITY
Except where we have expressly accepted responsibility to you under these Terms, you will keep us protected against any legal action taken against us and pay us any costs, losses or expenses we incur in connection with your use of our services or any failure by you to comply with these Terms.
ADDITIONAL TERMS AND CONDITIONS IN RELATION TO SERVICING OF VEHICLES
WORKMANSHIP WARRANTY
All MTA members subscribe to a code of ethics and are bound to observe MTA’s policies and rules. This business is a current financial member of the Motor Trade Association Inc. of New Zealand and observes all of MTA’s policies, rules and ethics.Please refer to the MTA website for more information.
EXCEPTIONS
Your warranty does not cover:
Maintenance or normal service items (such as lubricants, brake linings and pads, bulbs, spark plugs, wheel alignments and wheel balancing) unless a manufacturing defect is evident.
Repairs or replacements necessary as a result of wear and tear (such as but not limited to clutches, exhaust silencers, tyres) unless a manufacturing defect is evident.
Losses or expenses, such as loss of use, damage to property or person or expenses for tolls, travel, hire or accommodation.
Vehicle parts or accessories not part of your vehicle at the time of installation by us or the vehicle’s manufacturer.
Damage caused by accident, collision, fire, flood, chemicals, industrial fall-out, hail, salt, sand, stones or environmental elements.
Failure on the part of the Customer to properly maintain any Works;
Failure on the part of the Customer to follow any instructions or guidelines provided by the Supplier; or
Failure to use fuels, lubricants, fluids and parts in your vehicle the use of which in your vehicle is approved by the manufacturer of the vehicle or the manufacturer or producer of the fuel, lubricant, fluid or part
The continued use of any Works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
The account for the work appearing on the front of this invoice has been paid in full.
Any warranty term outlined above which are added to the MTA Repairer Warranty are deemed to be included as part of the workmanship warranty. For the avoidance of doubt, where any term outlined above are in conflict with those provided under the MTA Repairer Warranty, the terms contained in the MTA Repairer Warranty will apply.The warranty shall cease and The Toy Shop shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without The Toy Shop’s consent.In respect of all claims, The Toy Shop shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
COMPAINTS POLICY
When you work with us, we always strive to deliver the very best. If you have any questions or concerns about our work, contact us first. We will work with you to try and resolve any issues that may arise. If your complaint or concern is not satisfactorily resolved by discussion or written reply, please contact the MTA Mediation Service, on 0508 682 633.
LOAN VEHICLES
Where a Customer Loan Vehicle is supplied the Loan Vehicle may only be driven during the period of hire/loan and is returnable at our demand. No persons other than Customer may operate the Loan Vehicle unless otherwise agreed between us. The customer and all permitted drivers must hold a valid New Zealand drivers licence and must meet our insurance requirements with respect to their ability and eligibility to drive the Loan Vehicle.You agree:
That you will be liable for any loss or damage to the Loan Vehicle (including but not limited to any consequential loss and resulting insurance excess) occurring in, or as a result of, the time the vehicle is hired or loaned by you. Should any insurance claim be rejected or held invalid you will be liable to us for the full cost of repairing or replacing the Loan Vehicle (whichever is lesser);
That you will operate the Loan Vehicle with all reasonable care and skill and must ensure the Loan Vehicle is stored securely when not in use;
That you will not alter the Loan Vehicle in any way during the period of hire/loan;
That you will comply with all maintenance and cleaning instructions supplied by us from time to time. We reserve the right to charge you for any actual costs incurred in restoring the Loan Vehicle to the same standard before it was hired/loaned to you (including but not limited to the cost to clean the vehicle);
That you will be liable for any parking or traffic infringements or related impoundment towage and storage costs.
CUSTOMER OBLIGATIONS
While your vehicle is in our workshop all vehicles are stored and driven by the owner’s risk. When leaving your vehicle at our premises you will ensure that all valuables are removed, as we will not be responsible for the vehicle’s contents. While we will attempt to put right any issues that may arise of our negligence, we will not be liable for any loss or damage to the vehicle or property stolen, damaged or lost while in our care. Leaving your vehicle at our workshop is confirmation that you agree to these terms.You agree:
That you shall not be entitled to set off against or deduct from the Price, any sums owed or claimed to be owed to you by us, nor to withhold payment of any invoice because part of that invoice is in dispute.
That in the event of any breach of this contract by us, your remedies shall be limited to damages, which under no circumstances shall exceed the Price of the Parts.
That we shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of any breach by us of these terms and conditions.
That you hereby disclaim any right to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to you by us and you acknowledge that the Works are bought relying solely upon your own skill and judgement.
ADDITIONAL TERMS AND CONDITIONS IN RELATION TO SALE OF PARTS
PARTS WARRANTY
All products (excluding items deemed to be consumable) are guaranteed for 20,000km or 12 months, whichever comes first. Second-hand parts come with a 3 month or 5,000km warranty, excluding some items, as specified at the time of purchase. In the event that you experience any product issues/problems please call us first and we will advise of the correct measures to remedy such problems.Our sole obligation will be to repair or replace any defective merchandise due to any manufacturing defects, so long as the product has been used correctly. The Toy Shop 2009 Ltd does not warrant damage resulting from misuse, incorrect installation or improper storage. The Toy Shop 2009 Ltd. is not liable for any incidental or consequential damage. Please contact our parts team to check the warranty terms for your specific purchase.
OWNERSHIP
Until payment in full is received by us for all goods supplied by us to you:
The relationship between us and you is a fiduciary one and you will hold those goods as bailee for us;
You must not sell or otherwise dispose of or deal with the goods or do any act that may affect or defeat our title to the goods
Until ownership of the goods passes from us to you, we may give notice in writing to you to return the goods or any component(s) of those goods to us. Upon such notice the rights of you to obtain ownership or any other interest in the goods ceases;
You will not charge the goods in any way nor give any interest in the goods while they remain the property of us;
You will ensure and keep insured the goods to the full price against all risks until the price is received by us;
We may require payment of the total or balance owing for the goods and services supplied in this job sheet/invoice together with any other amounts owing by you to us, and we may take any lawful steps to require payment of all amounts owing by you to us;
You will meet the costs of any repossession (including the cost of any damage caused necessarily to repossess) and will indemnify us against any claim or costs we may incur arising out of the repossession.
The foregoing provisions do not entitle you to return the goods without demand from us;
We may repossess those goods supplied (and if they are attached to any other vehicle, equipment or product, detach and remove the goods from that equipment or product or repossess such other vehicle, equipment or product in its entirety) and you authorise us to enter onto any premises to carry out that repossession (and will, if necessary, obtain any third party approval to our entering onto those
premises);
You acknowledge that the foregoing provisions constitute a security agreement that provides for a security interest in the goods (as those terms are defined in the Personal Property Securities Act 1999) and that we may register a financing statement on the Personal Property Securities Register over the goods (or any vehicle, equipment or product in which the goods are an integral part) for the purposes of perfecting our security interest.
RETURN POLICY
Goods specifically procured for the customer are non-returnable and may only be exchanged due to defective materials or workmanship.
Other goods may be credited at the discretion of The Toy Shop 2009 Ltd. Goods returned for credit must be received within 7 days of invoice date in original packaging and in new condition.
A restocking charge of 10% will apply.
To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.
REFUNDS
Once your return is received and inspected within 7 days, we will notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed within 7 days.
SALE ITEMS
Only regular priced items may be refunded, unfortunately, sale items cannot be refunded unless there is defective materials or workmanship.
RETURN SHIPPING
You are responsible for paying for your own shipping costs for returning your item. In the event the product is defective or there was an error when filling your order we will refund any shipping costs incurred (shipping receipt required), exchanged items will be returned free of charge.
CREDIT FACILITIES
We may choose to provide you with a trade credit facility. If you wish to apply for a Trade Account please download, complete and return the Trade Account Application form. We will inform you in writing within 7 days as to the outcome of your application
SHIPPING AND DELIVERIES
For in-stock items, shipping time is between 1-5 working days. When the product is coming from Australia wait time can be 3-6 working days. When the product is EX-UK the wait time can be up to 40 days.Any freight and insurance costs incurred are payable by the account holder.
If any items sent by post or courier are not received within 3-5 working days, please let us know so that we can ask the carrier to investigate a possible loss of the item.Risk in goods shall pass to you upon delivery. Any damage or shortages at the time of receipt should be reported to us within 24 hours of receipt. You will be liable for any loss or damage to items that occur after you have received them. Please ensure you check all deliveries thoroughly before signing off the package with the courier company.
CONSUMER GUARANTEES ACT 1993
If you are acquiring parts for the purposes of a trade or business, you acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of parts by us to you.
A. APPENDIX – COMPANY INFORMATION
