Terms & Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this web site. This web site is owned and operated by “Blue Frog Breakfast”.
These Terms and Conditions May Change:
“Blue Frog Breakfast” reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.
Submissions:
We welcome your comments regarding this Web site. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications sent to us shall be and remain the exclusive property of “Blue Frog Breakfast”. Your submission of any such material shall constitute an assignment to “Blue Frog Breakfast” of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the material. “Blue Frog Breakfast” will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any material that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, photography, or original artwork.
Contract Formation:
The information contained on this website constitutes an invitation to treat & not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these terms & conditions. We reserve the right to accept or reject (for any reason whatsoever & in whole or part) any order submitted to us.
Correction of Errors and Inaccuracies:
The information on this Web site may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability.
Prices, Rain checks, Payment:
All prices on this website are in New Zealand dollars and are inclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason. For the purposes of these Terms, a “Rain Check” is as a commitment to sell an out of stock item (when it becomes available) at the same price it was advertised for, before the sell out (“Offer Price”). Rain checks may not apply to end of line products. Unless specifically stated that a rain check is not available, if we have sold out of, or are temporarily out of stock of, any item offered during an offer or promotion period (“Offer Period”), then we will offer each person who requests supply of that item during the Offer Period, a Rain check, so that the person may purchase, from us, at a later date, the product at the Offer Price, once the product is back in stock. (1) All payments must be made by you in full. (2) Payments must be made via the PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched. (3) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner. (4) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
Links to Other Web Sites:
The Web site contains links to other Web sites so that you may learn more about our products and other matters that we feel may be of interest to you. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators. While we will make reasonable efforts to ensure that these Web sites will meet your approval, we do not have control over, and are in no manner responsible or liable for, the availability and content of the Web sites to which this Web site is linked. “Blue Frog Breakfast” makes no representations whatsoever about any other site you may access through this Web site.
Consumer Guaranties Act:
Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.
Electronic Transaction Act:
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the people sending any such message need not include a functional unsubscribe facility in that message.
Applicable laws:
This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms. The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.
Supply & Delivery by post or courier:
(1) Subject to your compliance with these Sales Terms and our acceptance of your Order, we will sell and supply the products to you as shown on your Order confirmation. (2) Products may not be available for immediate delivery. We will endeavour to deliver your Order to the address you nominate in your Order within seven (7) days of the date you placed your Order. (3) Other than in respect of Orders for regional or remote areas, if we give you notice that we will be unable to deliver your Order within 7 business days of receipt of your order due to lack of stock you may cancel your Order without charge, and we will, upon request, arrange for a full refund of any payment made by you for that Order to be processed. (4) The delivery address must be an address within New Zealand and cannot be a PO Box or a freight forwarding location. (5) On our acceptance of your Order, your Order will be dispatched to you to your specified delivery address generally within 7 business days of the date you placed your Order. (6) We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes. (7) We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
Disclaimer:
You assume all responsibility & risk for the use of this site & the Internet generally. This site is provided by “Blue Frog Breakfast” on an as is basis. “Blue Frog Breakfast’ makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, “Blue Frog Breakfast’ disclaims all warranties, express or implied, including but not limited to, implied warranties, of merchantability & fitness for a particular purpose, non-infringement of intellectual property rights or other property rights, & freedom from errors, viruses, bugs, or other harmful components. “Blue Frog Breakfast” will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, special, incidental, punitive, consequential damages, or damages resulting from loss of use, data, or profits, or business interruption arising out of or in any way connected with the use of this site, any delays on the site, or the inability to use the site, any portion thereof, or any hyperlinked web site, whether based on contract, tort, negligence, strict liability or otherwise, even if “Blue Frog Breakfast” has been advised of such damages.
Force Majeure:
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.
Transfer & Assignment:
If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
Limitation Of Liability:
Under no circumstances, shall “Blue Frog Breakfast” or any of their employees, members, agents, vendors, or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website. This is a comprehensive limitation of liability that applies to all losses & damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income, or profits), whether in contract, negligence, or other tortuous action, even if an authorized representative of “Blue Frog Breakfast” has been advised of or should have known of the possibility of such damages. If you are dissatisfied with this web site or any of its content, or with these terms & conditions, your sole & exclusive remedy is to discontinue using this website. You acknowledge, by your use of this site, that your use of this site is at your sole risk.
Copyright:
It is expressed that everything contained on this Website is copyrighted and may not be used without written permission of “Blue Frog Breakfast”. “Blue Frog Breakfast” neither warrants nor represents that your use of materials displayed on this Web Site will not infringe the rights of third parties not owned by or affiliated with “Blue Frog Breakfast”. Images, photographs or illustrations displayed on this Web Site are either the property of, or used with permission by “Blue Frog Breakfast’.
Trademark:
The trademarks, logos and service marks (“Trademarks”) displayed on this Website are registered and unregistered trademarks of “Blue Frog Breakfast”, its affiliates and others. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of “Blue Frog Breakfast” or such third party that may own the Trademark displayed on this site.
