Terms and Conditions

TERMS AND CONDITIONS

Please carefully read our Terms and Conditions and Privacy Policy before accessing this site or purchasing anything from it. By accessing this website or by purchasing something from it, you are bound by our Terms and Conditions and consent to our Privacy Policy.

TERMS & CONDITIONS

These Terms and Conditions are up-dated regularly and you are advised to review them from time to time. If you have any queries or concerns, please contact us.

General

The Bling Corp Limited trading as TBC (“TBC ”, “we”, “us”) is a New Zealand business and these Terms and Conditions are governed by New Zealand Law. The Bling Corp Limited reserves its rights to alter the content of this site at any time.

Intellectual Property Rights

This website contains material which is owned by The Bling Corp Limited. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Except as permitted under the Copyright Act 1994, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

Accuracy of Information

We aim to ensure that the information we include on this website is accurate and current. While we have no reason to believe that any information on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Limitation on Liability

In no event shall we be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply not with standing any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

External Sites

This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that we are not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

PRICING AND PAYMENT

All prices on the website are listed in New Zealand dollars. 

We accept payment by credit card through Stripe or on account for Wholesale customers as per invoice due date.

AVAILABILITY OF PRODUCTS

In the unlikely event where a product that has been ordered is no longer available, we will contact you as soon as possible to discuss your options. This may result in the cancellation of your order or replacement with an alternative product.

ORDERING AND SHIPPING PROCESS

Once payment arrangement has been received we will confirm your order via the email address you provided during the transaction.

We will only ship your products when payment has been arranged.

DELIVERY TERMS & CONDITIONS

FREE delivery on all standard shipping items as at 29 September 2022. This can change at any stage.  

Additional freight charges apply for non-standard items.

Goods in transit are at purchaser’s risk. 

RETURNS AND EXCHANGES

If you’re not 100% completely satisfied with your purchase, we will happily accept your return within 7 days and provide you with a credit or a full refund to the value of the product’s purchase price. You can return the product to our store or send it back to our head office. Products should be returned to us unused and in the original packaging, making sure that the product is in the same condition as you received it in, no tyre fitted. No returns on products once fitted.

We do not offer returns or exchanges on sale items. Nor are we able to provide refunds for changes of mind – credit note or exchange only. The price of the shipping paid is not credited back.

Please advise us as soon as possible upon receipt of your purchase if you wish to exchange. In the case of an exchange, please note that all extra postage costs incurred are payable by you and return of the new item is subject to us receiving the extra postage costs incurred. Once this is received and subject to the return conditions being met, the new item will be posted immediately.

WHOLESALE SUPPLY TERMS OF TRADE

Introduction

1. Notwithstanding anything to the contrary, the Supplier supplies all goods to the Retailer upon the terms and conditions set out herein. Without limiting the generality of the foregoing, the ordering of goods will be deemed to be acceptance by the Retailer of these terms and conditions.

Exclusive area

2. Subject to this clause the Retailer shall be granted the rights to supply of the Supplier’s products. The supply rights shall be  reviewed  every twelve  (12)  months and if, acting reasonably and in good faith, the Supplier is not satisfied that the supply arrangement is working  effectively, then the Supplier shall be entitled to end the supply rights of the Retailer by notice in writing.

Price

3. The Retailer shall pay the price indicated on the invoice or other similar document issued by the Supplier.
4. The Retailer shall pay Goods and Services Tax (if applicable) as Invoiced by the Supplier and any other taxes, duties and levies payable in respect of the supply of goods as at the date of the invoice.
5. The purchase price of goods will be as stated on the then current line sheet provided to the Retailer or otherwise as displayed by the Supplier online. The Retailer acknowledges that the Supplier may review and change its prices at any time at the Supplier ‘s discretion.
6. The Retailer shall make all payments due to the Supplier in full without any deductions whether by way of set-off, counterclaim, or any other equitable or legal claim.
7. The Supplier may, from time to time, provide the Retailer with recommended retail prices for the goods. the Supplier may, at its sole discretion, amend the recommended retail prices for the goods.

Terms of Payment

8. The Retailer shall pay all amounts due to the Supplier on the due date. Unless otherwise agreed in writing by the Supplier, full payment must be made by the Retailer on the due date for payment and before the goods are uplifted from the Supplier’s premises. Payment shall not be deemed to have been received until it is credited to the Supplier’s bank account
9. If the Retailer defaults in payment the Retailer shall upon demand pay interest at the rate of 14% per annum in respect of all of the Retailer’s indebtedness to the Supplier. Such Interest shall accrue on a daily basis from the date when payment is due until the date when payment is received.  
10. The Retailer shall  be liable  to  pay all  expenses and legal costs relating to or having any connection with the Supplier obtaining or seeking to obtain a remedy of the Retailer’s default.
11. If the Retailer is in default of any provision of this contract the Supplier shall be entitled to terminate this or any other contract with the Retailer, without prejudice to its right to recover all sums owing to it in respect of goods already ordered. Upon termination of the contract.  The Supplier shall be entitled to dispose of the balance of the goods contracted for as they see fit.
12. Where the Retailer owes any amount to the Supplier, the Supplier shall be entitled, at its complete discretion, to accept any payment received and apply it towards satisfaction of any such indebtedness whether or not that payment relates to a specific invoice, costs, interest or other indebtedness.
13. The Supplier shall be entitled to assign to any other person or company all or any part of the Retailer’s indebtedness to the Supplier and the assignee shall be entitled to claim all or part of the indebtedness and shall have the same rights of recovery as the Supplier against the Retailer.

Delivery of Goods

14. The Supplier will use reasonable endeavours to deliver on an agreed date, but such a date is not to be treated as a condition of sale.
15. The Retailer acknowledges that any period or date quoted for collection of the goods are approximate only. The Supplier will use reasonable endeavours to comply with such period or date but accepts no responsibility for any loss. injury, damage or expense consequent upon the delay in delivery.
16. Unless the parties otherwise agree in writing. delivery shall be deemed to be affected upon the collection of the goods by the Retailer or the Retailer’s agent from the premises of the Supplier.
17. The Supplier shall not be liable to the Retailer or any other party for any loss sustained due to any delay in the supply or delivery of goods.
18. The cost of delivery from the premises of the Supplier shall be arranged by and at the sole cost of the Retailer including without limitation all courier or carrier fees and charges and all customs related duties  fees  taxes levies and associated costs.

Risk and Title

19. Risk in goods supplied or to be supplied by the Supplier shall pass to the Retailer when the goods are collected from the premises of the Supplier by the Retailer or the Retailer’s agent.
20. Title in goods supplied or to be supplied by the Supplier shall not pass to the Retailer until all amounts owing by the Retailer to the Supplier in respect of those goods and all other goods supplied to the Retailer by the Supplier have been paid in full.
21. Until title passes from the Supplier to the Retailer in accordance with the preceding clause, where the Retailer is in possession of the goods, the following terms shall apply:

• The Retailer shall be deemed to be acting in a fiduciary capacity as bailee of the Supplier in respect of any goods supplied by the Supplier.
• The Retailer shall if required by the Supplier store the goods in such condition and place that it is clear that they are owned by the Supplier.
• The Retailer shall not under any circumstances mix the goods supplied by the Supplier with other goods in any manner whatsoever; and
• if the Retailer resells goods supplied to it before It has title to them, the Retailer shall account to the Supplier as its agent for the proceeds of such resale, but the Retailer shall not represent to any person that the Retailer is acting for the Supplier or has any authority to bind the Supplier.

22. Where the Supplier exercises its rights under this Agreement in respect of the resale, repossession, or storage of the goods supplied, the Retailer shall immediately Indemnify the Supplier for all costs incurred in the exercise of those rights (including solicitor and own client legal costs].

Products

23. The Supplier reserves the right to alter product specifications and availability.
24. Every effort has been made to convey correct product descriptions, specifications and prices to the Retailer, however, this could differ from actual goods supplied.
25. The Supplier does not guarantee that items listed are in stock. If an order is placed for an unavailable item the Supplier will notify the Retailer. If the Supplier are unable to provide an item we will contact the Retailer to discuss a possible replacement/substitute. It is the Retailer’s responsibility to ensure that any goods ordered are suitable for the Retailer’s requirements.
26. The Supplier take the greatest care to ensure all goods are of merchantable quality and are true to named description, but any express or implied conditions, statement or warranty whether arising by statute or common law or otherwise as to merchantable quality or name or description are hereby excluded to the fullest extent permitted by law.
27. Any variations, amendments or alterations to the goods requested by the Retailer for the goods to be supplied by the Supplier are at the sole and absolute discretion of the Supplier. Where the Retailer or the end consumer makes any alterations or amendments to the goods those shall be at the sole and absolute risk of the Retailer or the end consumer as the case may be and the Supplier shall have no liability or responsibility for those matters.

Cancellations

28. Subject only to any obligatory statutory rights, no cancellation, addition, deletion, amendment, or variation of any kind of or to any contract of supply between the parties may be made except with the consent of the Supplier in writing.
29. Acceptance of any returned goods will be at the absolute discretion of the Supplier.
30. The parties agree that loss or damage to goods in transit is not the responsibility of the Supplier] and any claims for loss or damage are to be made to the Retailer’s agent or carrier. The Supplier accepts no responsibility for any damage that may occur after collection of the goods from the Supplier ‘s premises.
31. It is the Retailer’s responsibility to inspect the goods on delivery and shall within five (SJ business days of delivery notify the Supplier of any alleged defect, shortage In quantity, damage or failure to comply with a description or invoice.
32. Failure to notify the Supplier within the prescribed timeframe will be deemed an acceptance of the goods by the Retailer free from defect. shortfall or damage.

Review and Termination

33. The parties shall review this agreement in good faith on a regular basis and to discuss sales and promotional opportunities as necessary.
34. The Supplier may at any time discontinue this agreement on three months’ notice in writing to the Retailer at the Supplier’s sole discretion.

Claims and limitation of Liability

35. Subject only to mandatory liability or guarantee imposed by statute and without prejudice to any rights granted thereby to the Retailer:

• All warranties descriptions, representations, or conditions whether implied by law, trade, custom or otherwise and whether relating to fitness, merchantability, suitability or purpose, or otherwise, and all specific conditions, even though such conditions may be known to the Supplier, are expressly excluded;
• The Supplier shall not be liable In any way whatsoever to the Retailer or any third party whether In tort [including negligence), contract or otherwise For any loss or damage whatsoever, whether direct indirect. special or consequential and all such liability is expressly excluded; and
• The liability of the Supplier in respect of any order of goods shall in any event be limited to the lesser of the purchase price of the goods complained of, the cost of replacing defective goods, or the actual loss or damage suffered by the Retailer.

36. In addition to any statutory rights and remedies that the Retailer may have, the Supplier may at its complete discretion replace or give credit for all goods supplied and established to be defective, provided that the following conditions are met:

• All claims must be received by the Supplier within five (5) business days of delivery of goods and where applicable the despatch number and or invoice number must be quoted by the Retailer;
• All claims must specifically identify the defect and where possible in relation to goods be accompanied by the defective goods or a sample thereof; and
• The Supplier shall have a reasonable opportunity to investigate the claim.

37. As the Retailer is acquiring from the Supplier goods for resale or goods for the purposes of business, all supplies of goods to the Retailer by the Supplier shall be deemed to be made in trade for the purposes of the Retailer’s business (as that latter term is defined in the Consumer Guarantees Act 1993). 

 Severability

38. Where any provision of these terms and conditions are rendered void, unenforceable, or otherwise ineffective by operation or law then that shall not affect the enforceability or effectiveness of any other provision in these terms and conditions.

Variation of Conditions

39. These terms and conditions may only be varied by the Supplier, in its absolute discretion and the only circumstances in which any variation to these terms and conditions will apply are where a duly authorised representative of the Supplier has expressly agreed In writing to that variation.

Circumstances beyond the Supplier’s control

40. The Supplier shall not be liable for any failure to supply goods or meet any other obligation owed to the Retailer where such failure results from or is influenced by fire, flood, Industrial dispute, act of God, act of government (such as change in legislation, regulation, or order made under legislative authority) or any other circumstances beyond the Supplier’s reasonable control.

Intellectual Property

41. The copyright, trademark and/or any  other  applicable  intellectual property rights held by the Supplier in either the goods or designs provided to the Retailer for sale or any images, tools, signs, devices or any other marketing aids (the “intellectual property”) shall remain vested in the Supplier and shall only be used for purposes authorised by the Supplier and at the sole discretion of the Supplier. The Retailer is liable for any and all damage, loss, costs or claims that any unauthorised use of the intellectual property causes to  the  products, brand or reputation of the Supplier.

Marketing

42. The Retailer agrees to only market the Supplier’s goods using marketing images, tools, signs, devices or any other marketing aids provided by the Supplier (the “marketing material”). The Retailer shall not modify, alter, or adapt any of the marketing material or use the products or marketing material of the Supplier to create their own marketing material without the express written consent of the Supplier.

The Supplier’s online presence

43. The Retailer acknowledges that while the Supplier has given the Retailer the exclusive right to sell their goods In the Territory, such exclusivity does not prevent or restrict in any way the right  of  the Supplier to engage in online marketing and online sales of their products during the term of this agreement.

Confidentiality

44. Both parties agree to keep confidential any Information about the business affairs of the other party and to take all appropriate steps which are necessary or desirable to ensure that such confidential information is not disclosed without the prior written consent of the other party. This clause will not apply to Information that is already in the public domain other than as a result of a breach of this clause, or information that is required to be disclosed by law or by the listing rules of any applicable recognised stock exchange.

Disputes

45. If a dispute arises, the Supplier wiII meet in the spirit of goodwill to attempt to resolve it.

Relationship

46. The relationship between the Supplier and the Retailer is as seller and buyer. There is no partnership, joint venture, employment relationship, or agency between the parties.

Assignment

47. The Retailer shall not assign or subcontract any of the rights or obligations under this agreement without the prior written consent of the Supplier (which may be withheld at the Supplier’s sole discretion). the Supplier may transfer its rights and obligations under this agreement by notice in writing to the Retailer.

Governing law

48. New Zealand law governs agreement and the parties submit to the exclusive jurisdiction of the New Zealand courts.
49. lf at any time the Supplier does not enforce any of these terms and conditions or grants the Retailer time or other indulgence, the Supplier shall not be construed as having waived that term or condition  or its rights to later enforce that or any other terms or conditions in this Agreement.