Terms and Conditions
Terms and Conditions
DEFINITIONS & AGREEMENT
‘Cackle’ shall mean Cackle Incorporated Limited, or any agents or employees thereof.
‘Customer’ shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Cackle.
By using www.cackle.co.nz you agree that you have read, understood and accepted these terms and conditions
Cackle has the discretion to decline any order placed or cancel any order for any reason. Whilst every effort is made to ensure prices are always correct on our website, mistakes can occur from time to time. If this is the case, Cackle will notify you of the error and you will then have the choice to either accept the correct price or to cancel your order.
Transactions will appear on your credit card statement as Cackle Incorporated Limited for any transactions through this website.
Please keep your login and password safe; customers are liable for every order made under their login.
COLLECTION AND USE OF INFORMATION
We respect your privacy. We will never disclose, share or sell your email address, or other contact information to any other company. We only collect this information in order to be able to process your order and to make it easier for you when you re-order. All information about you will remain strictly confidential. Should you ever want your details removed from our database, simply let us know and we will process your request immediately.
All prices displayed on our website are in NZ Dollars and exclude GST. GST is added during the checkout process and final price before payment has GST added.
If paying by account, payment shall be made in full by the 20th of the month following the date of the invoice.
Interest may be charged on any amount owing after the due date at the rate of 10% per month or part month.
Any expenses, disbursements and legal costs incurred by Cackle in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
A deposit may be required.
Where the Customer undertakes a free product trial, and does not return the products by the end of the trial date, Cackle retains the right to charge the Customer in full for the agreed price of the products.
Cackle use Payment Express for all online credit card payments. We do not collect or store any credit card information. When making a purchase you will be directed to a secure webpage hosted by Payment Express to enter your payment details.
We do our utmost to ship orders out on the same day, more often than not for delivery to you the next day. If you have ordered something extra special, which we need to order in for you, we will advise you of the ETA.
If an item is out of stock we will contact you as we are sometimes able to upgrade you.
Deliveries to the South Island can take two business days. If you require a rural delivery, please allow 3-4 working days.
Unit 1A, 5 Ceres Court
PH: +64 (09) 368 5639
DISPUTES AND RETURN OF PRODUCTS
No claim relating to products will be considered unless made within seven (7) days of delivery or installation.
The Customer shall be deemed to have accepted the products unless the Customer notifies otherwise within seven (7) days of delivery of the products.
No products will be accepted for return by Cackle without prior approval. Please note, the product is required to be unopened and unused, unless the item is DOA or faulty.
All opened item returned to Cackle will incur a restocking fee.
The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Cackle which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Cackle, Cackle’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
Except as otherwise provided by above Cackle shall not be liable for:
Any loss or damage of any kind whatsoever, arising from the supply of products & services to the Customer by Cackle, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from products and services provided by Cackle to the Customer.
If, contrary to the disclaimer of liability contained in these terms and conditions of trade, Cackle is deemed to be liable to the Customer, following and arising from the supply of products and services by it to the Customer, then it is agreed between Cackle and the Customerthat such liability is limited in its aggregate to $500.00.
Manufacturer’s warranty applies which covers repair/replacement parts where applicable. While the product is within warranty period, and outside of the 30-day DOA period from the date of initial purchase, the manufacturer will rectify the fault by repairing the goods. If the product is deemed not repairable, replacement or credit will then be issued.
Returns of this nature can be made any time within the warranty period and it is your responsibility to cover any costs of returning the product and the labour cost for any repair work completed to rectify the fault.
Cackle shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
Failure by Cackle to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Cackle has under this contract.
If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.