Article 1 – Definitions

In these Terms, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal.

Consumer: the natural person not acting in the exercise of a profession or business who enters into a remote contract with the entrepreneur.

Day: calendar day.

Ongoing transaction: a remote contract for a series of products and/or services with staggered delivery or collection obligations over time.

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of that information.

Right of withdrawal: the possibility for the consumer to cancel the remote contract during the cooling‑off period.

Entrepreneur: the natural person or legal entity offering products and/or services to consumers at a distance.

Remote contract: a contract where, in the context of a system organized by the entrepreneur for selling products and/or services at a distance, until the conclusion of the contract, one or more means of remote communication are used exclusively.

Means of remote communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same location.

Terms and Conditions: these applicable Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract without giving reasons within a 30-day cooling-off period. During this period, the consumer shall handle the product and packaging carefully.
If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, where possible, in the original condition, following the reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

These Terms and Conditions apply to every offer by the entrepreneur and every remote contract and order between the entrepreneur and the consumer.
Before the remote contract is concluded, the text of these Terms shall be made available to the consumer. If reasonably not possible, the consumer shall be informed beforehand that the Terms can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.
If the contract is concluded electronically, the text of these Terms may be made available electronically in such a way that the consumer can easily store them on a durable medium. If not reasonably possible, the consumer shall be informed where the Terms can be accessed electronically and that they will be sent free of charge on request.
If in addition to these Terms specific product or service terms apply, the provisions on availability of Terms (second and third paragraphs) apply mutatis mutandis, and in case of conflict the consumer may invoke the provision most favorable to them.
If any provision in these Terms is wholly or partially invalid or void, the remainder shall remain in force and the invalid provision will be promptly replaced in mutual consultation by a provision that approaches its intent as closely as possible.
Situations not covered in these Terms shall be interpreted in accordance with the “spirit” of these Terms. Ambiguities in interpretation shall also be resolved in line with the “spirit” of these Terms.

Article 4 – The Offer

If an offer has a limited validity or is conditional, this shall be explicitly stated. The offer is non-binding and may be changed or adapted by the entrepreneur.
The offer contains a full and accurate description of the products and/or services offered, in sufficient detail to allow proper assessment by the consumer.
Images used are a truthful representation of the products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications are indicative only and do not entitle the consumer to compensation or contract dissolution.
Images may not perfectly reflect true product colours.
Each offer includes clear information on the rights and obligations tied to acceptance of the offer, particularly:

• Possible shipping costs
• How the contract is formed and necessary actions
• Applicability of the right of withdrawal
• Payment, delivery, and execution methods
• Validity period of the offer or price guarantee period
• Tariffs for remote communication if different from standard rates
• Whether the contract will be archived and how it can be accessed by the consumer
• How the consumer can review and correct their provided data before the contract
• Available languages for concluding the contract
• Codes of conduct adhered to and how to review them electronically
• Minimum duration for ongoing transactions
• Optionally: sizes, colours, materials available

Article 5 – Conclusion of the Contract

Subject to paragraph 4, the contract is formed at the moment the consumer accepts the offer and meets the conditions.
If acceptance occurs electronically, the entrepreneur immediately confirms receipt electronically. Until that confirmation is sent, the consumer may rescind the contract.
The entrepreneur shall take appropriate technical and organizational measures for secure data transfer and a safe web environment. Electronic payment will be secured accordingly.
The entrepreneur may, within legal bounds, check whether the consumer can meet their payment obligations and other relevant facts. If justified concerns arise, the entrepreneur may refuse the order or set special conditions.
When providing a product or service, the entrepreneur will send the consumer the following information in writing or on a durable medium accessible to the consumer:

• Business address for lodging complaints
• How to exercise the right of withdrawal or, if excluded, a notice thereof
• Guarantee and after-sales service information
• The information listed under Article 4(3) unless already provided

Termination requirements if the contract duration is more than one year or indefinite
For ongoing transactions, the preceding clause applies only to the first delivery. Each contract is subject to product availability.

Article 6 – Right of Withdrawal

For product purchases, the consumer may cancel the contract without reason within 30 days.
The cooling-off period starts the day after the consumer (or their designated representative) receives the product.
During this period, the consumer must treat the product and packaging carefully and only open it as much as necessary to determine if they wish to keep it.
If exercising withdrawal, the consumer returns the item with all accessories, in original condition and packaging, following provided instructions.
They must notify the entrepreneur in writing or by email within 30 days after receipt.
After notification, the consumer has 30 days to return the item. Proof of timely shipment must be provided.
If notification and/or return are not made within these deadlines, the purchase stands.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, return shipping costs are for the consumer.
If payment has been made, the entrepreneur shall refund the amount within 30 days of withdrawal, provided the item is received back or proof of return is shown.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products, provided this was clearly stated in the offer before concluding the contract. Exclusions apply only for products that:

• Are made to consumer specifications
• Are clearly personal in nature
• Cannot be returned by nature
• Spoil or age quickly
• Whose price is tied to financial market fluctuations
• Are loose newspapers or magazines
• Are media, video recordings or software where the seal is broken
• Are hygienic products where the seal is broken

Article 9 – Prices

Prices stated in the offer are fixed during the validity period, except for changes due to VAT.
Products with prices tied to financial markets may have variable prices, clearly stated as such.
Price increases within three months of contract conclusion are allowed only if due to legal changes.
After three months, price increases are allowed if contractually agreed, and the consumer may cancel effective from the increase date.
All prices may have typographical errors; entrepreneur is not liable and not obliged to sell at incorrect prices.

Article 10 – Conformity and Guarantee

The entrepreneur ensures products/services comply with the contract, offer specifications, reasonable quality/usefulness standards, and applicable laws at the contract date.
Any guarantee from manufacturer/importer does not affect the consumer’s statutory rights.
Defects or wrong deliveries must be reported within 30 days of delivery, in writing. Returned items must be in original packaging and new condition.
The entrepreneur’s warranty period matches the factory warranty. The entrepreneur is not responsible for product suitability for individual applications or advice.
The warranty does not apply if:

The product was modified or repaired by the consumer or third parties

Subjected to abnormal conditions or mishandling contrary to instructions

Non-compliance arises from legally imposed material standards

Article 11 – Delivery and Execution

The entrepreneur takes utmost care with orders.
Accepted orders shall be executed within 30 days, unless otherwise agreed.
If delivery is delayed or cannot be fulfilled, the consumer is notified within 30 days. They may then cancel the contract free of charge and claim damages.
In case of cancellation, the entrepreneur refunds within 30 days of cancellation.
If a product cannot be delivered, the entrepreneur will attempt to offer a replacement, clearly stated at delivery.
Withdrawal right cannot be excluded for replacements. Return shipping costs for replacements are for the entrepreneur.
Risk of damage or loss remains with the entrepreneur until delivery to the consumer or designated representative, unless agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate an indefinite contract for periodic delivery of products or services at any time, respecting agreed notice terms (max 1 month).
They may terminate a fixed-term contract at its end with up to 1 month notice, under agreed rules.
Termination rights include: unrestricted timing, same method used at contract formation, and same notice period as entrepreneur.
Renewal
Fixed-term contracts may not be automatically renewed. However, magazine or newspaper subscriptions may be auto-renewed for a max of 3 months if consumer can cancel within one month before renewal.
Other fixed-term delivery/service agreements can only be auto-renewed if consumer can terminate at any time with up to 1-month notice, or up to 3 months for periodic publications.
Duration
If the contract exceeds one year, the consumer may terminate at any time after one year with up to one month’s notice, unless fairness prevents early termination.

Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within seven days after the cooling-off period begins.
For service contracts, this period begins after the consumer receives contract confirmation.
Consumers must immediately report incorrect payment information.
In case of default, the entrepreneur may charge reasonable costs, within legal limits.

Article 14 – Complaints Procedure

Complaints about contract execution must be submitted to the entrepreneur within seven days of identification of the defect, fully and clearly described.
The entrepreneur responds within 14 days of receipt.
If more time is needed, an acknowledgement and tentative response date will be sent within 14 days.
If unresolved, the dispute may undergo the dispute resolution process.
Filing a complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.
If a complaint is upheld, the entrepreneur shall, at their discretion, replace or repair the products free of charge.

Article 15 – Disputes

All contracts between the entrepreneur and the consumer are governed exclusively by New Zealand law, even if the consumer resides outside New Zealand.