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, 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.

"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 the above, Rainbow may replace or amend these Terms of Trade, and all orders placed after the amended terms are made available on the Website shall be subject to the new terms.

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 in full, without deduction of any nature, whether by way of set-off, counterclaim, or otherwise.

The Customer must include a payment reference recording the order number. Payments received without a valid order reference may be treated as anonymous and will not be credited until corrected by the Customer’s bank.

If a payment is not accepted by Rainbow because it is not in cleared funds, cannot be linked to an order, or was not willingly paid, the Customer must arrange the refund directly with their bank. Rainbow will not deliver the Products until payment is accepted.

Delivery and Risk

The Products remain at Rainbow's risk until delivered to the Customer. Delivery is made to the address specified by the Customer when the order is placed. If the Customer fails or refuses to take delivery, the Products are deemed to have been delivered when Rainbow was willing to deliver them.

The delivery address cannot be changed after the order is placed and cannot be a PO Box. The Customer must pay for Products ordered but sent to an incorrect address provided by the Customer.

Delivery is available only to New Zealand addresses. No provision is made for overseas orders.

Rainbow reserves the right to deliver the Products in installments. Each installment is deemed a separate contract under the same terms.

If the Product is lost or damaged during delivery, Rainbow will refund or replace it only after receiving compensation from its courier company (usually within two weeks).

Rural deliveries will incur an extra charge. The Customer must select the rural delivery option at checkout. Failure to do so will cause delays, and the additional fee must be paid before dispatch.

The Customer must check the condition and quantity of the Products upon delivery and note any damage or shortage on the delivery receipt. Failure to do so will be deemed acceptance of full delivery in good condition.

Title and Security (Personal Property Securities Act 1999)

Title in any Products supplied by Rainbow passes to the Customer only when payment in full has been made for all Products and any other sums due. Until payment is made in full, the Customer grants Rainbow a security interest in all Products.

Where Products are retained by Rainbow under this clause, the Customer waives the right to receive notice under section 120 of the Personal Property Securities Act 1999 and to object under section 121 of that Act.

Payment Allocation

Rainbow may allocate any payment received from the Customer towards any debt at its discretion, at the time of receipt or afterward. On default by the Customer, Rainbow may reallocate payments previously made. In the absence of specific allocation, payments will be applied to preserve Rainbow’s purchase money security interest.

Liability

Rainbow shall not be liable for any loss or damage of any kind arising from the supply of Products, including consequential loss, whether suffered by the Customer or any other person, and whether in contract, tort (including negligence), or otherwise.

The Customer shall indemnify Rainbow against all claims or losses arising from any 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 is beyond its control.

Failure by Rainbow to enforce any terms shall not constitute a waiver of its rights.

If any provision is invalid, illegal, or unenforceable, the remaining provisions remain in full effect.

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