Terms of Trade

By accessing and or ordering products or services through this website or from Rainbow Confectionery Limited you acknowledge that you have read, understood and agree to be bound by Rainbow Confectionery Limited’s terms of trade as detailed below.

Definitions

"Rainbow" means Rainbow Confectionery Limited its agents and employees.
"Customer" means the customer, any person acting on behalf of and with the authority of the customer and/or any person purchasing Products from Rainbow.
"Products" means all products supplied by Rainbow to the Customer and includes all products, goods and services and advice provided by Rainbow to the Customer and all charges for freight costs, or any fee or charge associated with the supply of the Products by Rainbow to the Customer.
"Website" means www.rainbowconfectionery.co.nz.
"Terms of Trade" shall mean these terms and conditions together with any other terms and conditions specifically communicated by Rainbow to the Customer.

Price

All prices quoted on the Website are subject to change at any time at the discretion of Rainbow. If the price charged exceeds the price quoted at the time of the order the Customer shall be entitled to cancel the order and Rainbow shall promptly refund any amount paid by the Customer for the order

Orders

The Customer’s order shall not be completed until the Customer’s payment has been received by Rainbow in accordance with clause 4.
Once Rainbow has received payment and accepted the order it shall advise the Customer of the acceptance of the order.
Rainbow reserves the right to refuse to accept an order at its sole discretion. If Rainbow does not accept an order it shall advise the Customer and refund any payment made.
Rainbow reserves the right to cancel an accepted order. In such case Rainbow will promptly advise the Customer and refund the purchase price.
The Customer is not entitled to cancel an order unless expressly agreed to in writing by Rainbow.
By initiating an order with Rainbow the Customer accepts these Terms of Trade.
Notwithstanding clause 3.7, Rainbow may replace or amend these Terms of Trade and all orders placed after the replaced or amended terms of trade are made available on the Website shall be subject to the replaced or amended terms of trade.

Payment

Unless otherwise agreed in writing payment for Products shall be made in full in advance.
Receipt of a cheque, bank transfer, or other negotiable instrument shall not constitute payment until cleared funds are available to Rainbow.
The Customer agrees to make all payments to Rainbow relating to the supply of the Products in full, without deduction of any nature whether by way of set-off, counterclaim or any other claim.
The Customer must not make any payment without a payment reference recording the order number. A payment received without a payment reference recording the order number may be treated by Rainbow as an anonymous payment. The Customer must contact its bank to amend the payment reference on an anonymous payment before Rainbow will credit the anonymous payment toward payment of the Customer’s account.

considers that the payment is not in cleared funds, irrevocable, final and/or willingly paid by the Customer for the order; or
the payment cannot be linked to an order made by the Customer due to the absence of the order number on the payment.

If a payment is not accepted by Rainbow:

it is the Customer's responsibility to arrange the reversal or refund of the payment and Rainbow will not be responsible for any delay in processing such refund; and
Rainbow will not release or deliver the Products to the Customer.

Delivery and risk

The Products remain at Rainbow's risk until delivered to the Customer. Delivery is to be made at the place specified by the Customer when the order is made. If the Customer fails or refuses to take or accept delivery then the Products are deemed to have been delivered when Rainbow was willing to deliver them.
The delivery address of an order cannot be changed. The delivery address cannot be a PO BOX. The Customer must pay for Products ordered but sent to a delivery address provided by the Customer which is not correct.
Delivery of products are made to New Zealand addresses only. No provision can be made for overseas orders
Rainbow reserves the right to deliver the Products in installments and each installment is deemed to be a separate contract under the same terms and conditions of the main contract. If Rainbow is unable to make delivery, the Customer will not be entitled to repudiate the contract.
If the Product is lost or damaged during delivery Rainbow will only pay a refund or supply a new Product after receiving compensation from Rainbow's courier company. This procedure usually takes two weeks, but can take longer.
Any costs for storage, delivery, taxes, duties or any other expenses may be charged to the Customer, if the Customer refuses to:

take or accept delivery at the time specified in the quotation or at any other time that Rainbow is able to deliver the Products; or
pay local taxes and duties.

The Customer will check the condition and quantity of the Products delivered and advise the deliverer of any missing or damaged Products immediately on receipt. Rainbow shall not be liable for any missing or damaged Products unless noted on the delivery receipt. The absence of written notification by the Customer on the delivery receipt shall be deemed to be delivery of the full order in good condition.
Freight will be applied at the checkout.
Rural deliveries will incur an extra charge, it is the customers responsibility to select the rural delivery option at the checkout if their order is to be delivered to a rural address. If the customer fails to do this, this will incur a delay in shipping. The rural delivery amount will need to be paid in full before the order is despatched. If the rural delivery fee is not paid and the customer has not indicated in the address field that the address is a rural delivery Rainbow will charge the customer any additional fees that are passed onto us by the courier company.

Title and security (Personal Property Securities Act 1999)

Title in any Products supplied by Rainbow passes to the Customer only when the Customer has made payment in full for all Products provided by Rainbow and of all other sums due to Rainbow by the Customer on any account whatsoever. Until all sums due to Rainbow by the Customer have been paid in full, the Customer grants to Rainbow a security interest in all Products ("the security interest").
Where Products are retained by Rainbow pursuant to clause 7.1. the Customer waives the right to receive notice under section 120 of the Personal Property Securities Act 1999 ("PPSA") and to object under section 121 of the PPSA.

Payment allocation

Rainbow may in its discretion allocate any payment received from the Customer towards any debt that Rainbow determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by Rainbow, payment shall be deemed to be allocated in such manner as preserves the maximum value of Rainbow's purchase money security interest (if any) in the Products.

Liability

Rainbow shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Products by Rainbow to the Customer, 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 provided by Rainbow to the Customer.
The Customer shall indemnify Rainbow against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Rainbow or otherwise, brought by any person in connection with any matter, act, omission, or error by Rainbow its agents or employees in connection with the Products.

Collection and use of information

The Customer also agrees to the terms of any Rainbow privacy policy detailed on the Website.

General

Rainbow 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 Rainbow 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 Rainbow 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.
The parties agree that the New Zealand courts have exclusive jurisdiction and that the law of New Zealand shall apply to this agreement.