Container Door Ltd Terms & Conditions
These terms and conditions (Terms) are divided into five Parts. If you use the Website all five Parts of these Terms apply.
Part A - This Part contain definitions, registration terms and acknowledges that use of the Website constitutes your agreement to the Terms.
Part B - This Part contains specific terms and conditions related to Products ordered using the Website
Part C - This Part contains specific terms relating to Gift Vouchers and Coupons
Part D - This Part contains general terms relating to privacy and electronic messages.
Part E - This Part contains general terms relating to the use of the Website and Products ordered.
CDL means Container Door Limited.
Discount Coupon means the right of the Recipient to have the Value credited against the next Order on the terms set out in clause 10 and Parts A, B, D and E of these Terms.
Distribution Centre means 24A Greenpark Road, Penrose, Auckland.
Gift Vouchers means the right of the Recipient to have the Value credited against the next Order on the terms set out in clause 9 and Parts A, B, D and E of these Terms.
Order has the meaning set out in clause 4.1.
Recipient means a person who registers to use the Website and is:
(a) the beneficiary of a Gift Voucher; or
(b)allocated a Discount Coupon by CDL.
Value means the amount stated on any Gift Voucher or Coupon.
Website means www.containerdoor.com and includes any derivative from that website.
2.1 Ownership: The Website is owned and operated by CDL.
2.2 Use of this Website: By accessing or using this Website you agree that you have read, understood and agreed to be bound by these terms. Your use of this Website is subject to the following conditions and all applicable laws. If you do not agree with these terms then you are not permitted to use or browse this Website.
2.3 Modification to Terms: CDL may modify, alter or otherwise update the terms applicable to this Website from time to time. If you have registered with CDL we will send an email message to the last email address you provided to advise you when the terms have changed. You agree to check these terms and conditions and to be bound by such terms as are in effect at the time at which you access this Website. CDL will include the date of the terms at the bottom of each page to help you identify whether or not these terms have changed.
3.1 Registration: You must register with CDL using the Website to place an Order.
3.2 Passwords: When you register on the Website you will be asked for your name, delivery address, email address and a password. Because your username and password allows online access to information CDL advises you to keep your username and password secure and you should not give out your user name or password to any other person. CDL will never ask you to disclose your password.
3.3 Password Security: CDL recommends the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login and password, and for all activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised party gains access to your username and password, please notify us immediately and change your password immediately. CDL shall not have any liability for your failure to comply with these obligations.
4.1 Order: You may place an order with us by:
(a) logging on and using your account name and password;
(b) using the “Pre-Order Now” button on the Website to select the quantities and products you wish to purchase (Products) at the price displayed;
(c) enter a delivery address and confirm that we may debit your credit card with additional delivery costs or confirm you will collect the Products from the Distribution Centre;
(d) enter your credit card details when requested to confirm your order;
(e) submit the order to us using the “Confirm Order” button on the Website to pre-order an item or “Pay Now” button to purchase a Gift Voucher.
4.2 Irrevocable: Orders are irrevocable and represent an offer by you to purchase the Products at the price and other terms displayed on the Website.
4.3 Credit Card Details: At the time you place the Order we will ask you to provide your credit card details and we will charge the credit card you provide to us at the time your Order is accepted. We do not charge your credit card at the time you provide us with the credit card details.
4.4 Minimum Products Required to Trigger Acceptance: For any reason and, at any time (including after you have placed an Order but before that Order is accepted), change the minimum number of orders for the Product published on the Website without notice to you.
4.5 Order Acceptance/Rejection: Your Order is deemed to be accepted when we have received the minimum number of orders we require for the Product. We may reject your Order at any time at our discretion and are under no obligation to provide you any reasons for rejecting your order.
4.6 Order Status: We will send you an automated electronic message if your Order is accepted or rejected. You may also log on using your account name and password at any time to see the status of your Order.
4.7 Payment: At the time your Order is accepted we will:
(a) apply any Discount Coupon then any Gift Voucher recorded against your account to reduce the price of the Order; and
(b) debit your credit card with the balance of the price of the Order.
4.8 Insufficient Funds: If the credit card we debit in accordance with clause 4.7(b) has insufficient funds we will endeavour to contact you and ask you provide an alternative credit card to debit, however if we are not able contact you or if you do not immediately provide an alternative credit card to debit we may cancel your Order under clause 4.9(a) without further reference to you
4.9 Cancellation: Even though we may have accepted your Order, we may cancel your Order if:
(a) the credit card you provided to us at the time of your Order has insufficient funds available to pay for your Order in full; or
(b) for any other reason which is beyond our reasonable control including, without being limited to, industrial action, where the Products cannot be manufactured because of shortage of materials, where the Products have been destroyed or damaged before delivery to you and significant shipping delays or failures by suppliers to manufacture the Products to our required standards.
4.10 Consequences of Cancellation: If we cancel your Order we will immediately:
(a) refund, by credit to the credit card you used to make payment for the Order, the amount debited to that account; and/or
(b) reinstate any Gift Voucher or Discount Coupon allocated to the Order; and
(c) we shall not be liable to you or any other person for any loss or damages suffered by you due to a failure by us to perform our obligations.
5.1 Delivery Date: You acknowledge that all Products are shipped to New Zealand. We will use our reasonable endeavours to make the Products available for you to collect from our Distribution Centre or deliver the Products to the address specified in your Order as close to the target delivery date published on the Website.
5.2 Notice: We will endeavour to give you notice of changes in the target delivery date and you may use the Website at any time to see the real time status of where your Products are and any changes to the target delivery date.
5.3 Risk: All risk in respect of the Products shall pass to you:
(a) at the time we first attempt to deliver the Products to you; or
(b) if you opt to collect the Products from our Distribution Centre, at the time we notify you that the Products are available for collection.
5.4 Ownership: If we deliver the Products to you, ownership of the Products shall pass to you at time of delivery. If you opt to collect the Products from our Distribution Centre ownership of the Products passes to you at the time you collect the Products.
5.5 Our Right to Cancel: We may cancel your Order without notice to you and clause 4.10 shall apply if:
(a) you fail to accept delivery for any reason or if we are not able to deliver the Products within 28 days of first trying to deliver the Products; or
(b) if you opt to collect the Products from our Distribution Centre, and you fail to collect the Products within 28 days of being notified that the Products are ready for collection.
5.6 Your Cancellation Right: IIf we are not able to deliver the Products in your Order within 1 month of the target delivery date then you may cancel the Order and the consequences in clause 4.10 shall apply.
5.7 Exclusion of Liability: We shall have no liability to you for any losses arising by reason of delay in delivery, whatever the cause of the delay.
6. Online Transactions
6.1 Location and Price: CDL is a New Zealand company that operates from 24A Greenpark Road, Penrose, Auckland 1061. The price of Products on this Website is listed in New Zealand Dollars.
5.2 Payment Services: Where payment for any Product or service is required, CDL uses Stripe, (see www.stripe.com) to process those transactions. Stripe will process and store your personal information.
6.4 Security: Stripe uses a variety of technologies and procedures to help protect personal information from unauthorized access, use or disclosure. Stripe has been set up in a secure fashion with minimal access to outside networks. Stripe is a validated Level 1 PCI DSS Compliant Service Provider and is on Visa's Global Compliant Provider List and MasterCard's SDP List. PCI-DSS is the Payment Card Industry Data Security Standard is a set of security requirements relating to the protection of card holder data. The standard is governed by the PCI Security Standards Council, an organisation put together by most of the major card schemes VISA, MasterCard, American Express, JCB and Discover.
6.5 PCI-DSS: PCI-DSS is the Payment Card Industry Data Security Standard is a set of security requirements relating to the protection of card holder data. The standard is governed by the PCI Security Standards Council, an organisation put together by most of the major card schemes VISA, MasterCard, American Express, JCB and Discover. It's relevant for any entity that stores or transmits sensitive card holder data, that being generally things like the PAN (card number), Card security code, track data, PIN block. The current version of the standard is Version 1.2. Preceding PCI-DSS the card schemes had their own standards, the VISA Account Information Security (AIS) standard formed the basis to most of the PCI-DSS requirements.
7. Business Exclusions & Limitations
7.1 Where you use the Website to acquire Products in trade (for business purposes) you agree:
(a) that all provisions of the Consumer Guarantees Act 1993 are excluded to the maximum extent allowed under section 43(2) of that Act;
(b) sections 9 (Misleading and deceptive conduct generally), 12A (unsubstantiated representations), and 13 (False or misleading representations) of the Fair Trading Act 1986 do not apply;
(c) we shall not be liable in contract, tort or otherwise for any consequential, indirect or pure economic loss suffered by you as a result of any defect in the Products, or any failure by us to perform our obligations under these terms to you in respect of an Order, even if such loss was, or should have been, within our contemplation;
(d) without restricting any other provision of these Terms limiting our liability to you, any claim which you may have against us, whether in contract, tort or otherwise as a result of any defect in the Products shall be limited, at our option, to the repair or replacement of the defective Products (if applicable) or the refund of a maximum amount equal to amounts actually paid by you to us in respect of the defective Products.
8.1 Products to be returned to us: Where the Consumer Guarantees Act 1993 applies to the Products, and you wish to make a claim under that Act, you must return the Products to us so that we can inspect the Products and identify the source of the fault and whether it is able to be repaired. Subject to section 22 of the Consumer Guarantees Act 1993, it is your responsibility to cover any costs of returning the Products to us
8.2 No Contracting Out: Except as set out in clause 7.1 nothing in these terms should be taken to limit the operation of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
9. Gift Vouchers
9.1 Gift Voucher Purchase: You may purchase a Gift Voucher by logging on to the Website using your account name and password, selecting “Buy Gift Vouchers” from the drop-down options, pay for the Gift Voucher online (see clause 6) and complete the following mandatory fields:
(a) name of the person who is offered the Gift Voucher (Recipient);
(b) Recipient’s email address;
(c) the amount of the gift (Value);
(d) the date you would like the Gift Voucher sent to the Recipient;
(e) any message you would like included with the Gift Voucher.
9.2 Terms: The Value of a Gift Voucher:
(a) may only be used to reduce the price of an Order for Products in accordance with these Terms;
(b) is not legal tender or refundable in part or full;
(c) cannot be exchanged for cash or credited to an account or used to purchase another gift card;
(d) expires 3 years after the date of purchase, after which time any unredeemed Value will not be redeemed or refunded.
9.3 Acceptance: We will send an email to the recipient of the Gift Voucher on the date and to the email address specified by you at the time of purchase. The Gift Voucher will include a unique number and include reference to the terms at clause 9.2. To use the Gift Voucher the Recipient must log on to the Website, create an account, select “Redeem Gift Vouchers” and enter the unique number.
9.4 Exclusions of Liability: The limitations and exclusions of liability in clause 17 apply to Gift Vouchers and while CDL will try to deliver electronic messages on the date specified, CDL excludes all liability if the Gift Voucher is not sent on the date requested and CDL is not under any obligation to refund or credit the purchase of the Gift Voucher. CDL excludes all liability in the event an unintended third party uses the Gift Voucher.
10.1 Issue: CDL may at any time and for any reason allocate a person (Recipient) with a Discount Coupon for a Value and on terms which CDL in its discretion may specify on the Discount Coupon.
10.2 Terms: The Value of a Discount Coupon:
(a) may only be used to reduce the price of one Order for Products in accordance with these Terms;
(b) if the Value on a Discount Coupon is greater than the price of the Order, the unused balance is forfeited and will not be redeemed or refunded;
(c) is not legal tender or refundable in part or full;
(d) cannot be exchanged for cash or credited to an account or used to purchase a gift card;
(e) expires 12 months after the date of issue or the date specified on the Discount Coupon, whichever is the earlier and any unredeemed Value will not be redeemed or refunded.
11.1 Application: This clause 9 applies to all natural persons
11.3 Information that we collect: CDL collects, stores and uses personal information about you which you have provided to us in any form or via the Website. CDL collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. CDL also collects anonymous demographic information, which is not unique to you, such as your postal code, age, gender, preferences, interests and favourites. If you do not provide the personal information we have requested, CDL may limit the services it provides to you.
11.4 Collection and storage of personal information: Any personal information you provide will be held in accordance with the requirements set out in the Privacy Act 1993 and this clause 9. Personal information may be held by CDL (or its agents) electronically or in hardcopy (in New Zealand or elsewhere) but in all cases CDL will control that information.
11.5 Use of your personal information: CDL may use your personal information:
(a) for the purposes you provided it to CDL;
(b) if you have provided CDL with an email address, to send you email messages to market or promote goods and services provided by CDL;
(c) to operate the CDL website and deliver the products and services you have requested;
(d) to inform you of other products or services available from CDL and its affiliates. CDL may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
(e) to contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party;
(f) and share that with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries of goods you have ordered. All such third parties are prohibited from using your personal information except to provide these services to CDL, and they are required to maintain the confidentiality of your information.
11.6 Who we share your information with: CDL does not sell, rent or lease its customer lists to third parties. CDL may pass your personal information on to other people who have been authorised or licenced by CDL so that person can use your personal information for the purposes you provided it to CDL. CDL will not release your personal information to any third party except where required to, permitted to by law, where you have authorised us to do so or where disclosure is connected to the purpose for which the information was collected.
11.7 Access to, editing and deleting personal information: You may also ask us for access to, correction of or deletion of any personal information that we hold about you by sending a written request to the address below. It is your responsibility to ensure that personal information provided to us is accurate. You can ask to see the personal information that we hold about you by sending a written request to: The Privacy Officer, Container Door Limited, P.O Box 109-734 , Newmarket, Auckland.
11.8 Questions: If you have any further questions relating to this clause please contact the Privacy Officer by email at firstname.lastname@example.org or by mail to Container Door Limited, P.O Box 109-734 , Newmarket, Auckland
12. Electronic Messages
12.1 Consent to Receive Electronic Messages: If you enter your email address into the Website then you have agreed to CDL providing you with unsolicited information about CDL products and services in electronic form to that email address.
12.2 Electronic Messages: Every unsolicited email which CDL sends you containing information about CDL products and services will include the following:
(a) an unsubscribe facility which will remove your email address from CDL database within 5 working days of CDL receiving your unsubscribe request; and
(b) the person at CDL who authorised the email to be sent and that persons contact details.
12.3 Removal of your Email Address: You may request that CDL delete your email address at any time by either contacting CDL in writing, email or using the functional unsubscribe feature on an email you may have received from CDL.
13.1 Copyright: Information on this Website is owned by or licenced to CDL. All material on this Website, including without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in this Website (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
13.2 Restrictions: You may not copy, reproduce, display, publish, upload post, transmit, store (including in electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content without the prior written permission of CDL. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.
13.3 Trademarks: Trademarks, logos, model names, brands and service marks (collectively referred to as Marks) displayed on this Website are registered or unregistered Marks of CDL or have been licenced to CDL for use on this Website by third parties. CDL is the owner or licencee of the Marks. You may not use the any of Marks without the prior written permission of CDL.
14. Unauthorized Use or Interference
14.1 Interference with the Website: You may not:
(a) attempt to gain unauthorised access to any portion or feature of the Website, or attempt to obtain any materials, information or documents through any means not purposely made available by CDL, including without limitation, hacking, password mining or otherwise accessing data without authorisation;
(b) test the vulnerability of the Website or any network connected to the Website or seek to trace any information on any other user of the Website.
(c) upload or use any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or the Website.
(d) use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
(e) use automated scripts to collect information from or otherwise interact with the Website;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
(g) use or transmit the private information of any third party, including, without limitation, names, addresses, phone numbers and email addresses;
14.2 Compliance with Laws: You agree to comply with all applicable laws and with these Terms at all times when using the Website.
(a) the Internet domain and IP address from which you are accessing the web site;
(b) the browser and operating system you are using (e.g. Internet Explorer and Firefox or Windows and Mac);
(c) the date and time you access the site; and
(d) whether you arrived at the CDL Website via a link from another site and the address of such site.
15.2 Consent: By using this Website you consent to CDL collecting and using information collected from cookies. However, you can prevent cookies from being saved on your hard drive by selecting the appropriate setting on your browser – simply follow your particular browser’s instructions. You may continue to use this Website even if you deactivate cookies, however deactivating cookies may mean that you might no longer be able to enjoy offers from CDL in their entirety.
16. Informaton, Interactive Features and Services
16.1 Subject to change: CDL may from time to time make information, interactive features, services and information available on the Website. CDL endeavours to ensure that all information (including product features, models, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service on this Website is accurate at the time uploaded to the Website. However product features, models, illustrations, representations, specifications and prices, are subject to change without notice and CDL makes no commitment or representation as to the information or the availability of any good or service
16.2 Indicative Only: All information (including product features, models, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service and any visual representations provided by CDL is for information purposes only and is not intended to be relied or acted upon for any particular purpose.
17. Exclusions of warranty and liablity
17.1 Website availability: CDL does not represent or warrant that the information, services or materials accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
17.2 Website functionality: CDL makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-free.
17.3 Website content: CDL may update the information or materials on this Website from time to time and no assurance or warranty is given that information or material on this Website is up-to-date, accurate, error-free or complete.
17.4 Links: Links and references to other Websites may be included on this Website as a convenience only. CDL may not have reviewed and does not endorse or assume any responsibility for any other Websites, material posted on them, or products or services offered on those websites.
17.5 Transmitted Information: Information or material which you provide electronically through your access to or usage of this Website is not confidential or proprietary and acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a Website is stated as being secure. CDL shall have no liability for the interception or 'hacking' of data through the Website by unauthorised third parties.
17.6 Overseas Use: You may not use the Website or place an Order for delivery outside of New Zealand.
17.7 Liability excluded: CDL will not be liable to any person or entity for any damage, direct or indirect, incidental, special or consequential for access to, use of or inability to use this Website. CDL assumes no liability for errors or omissions in the content or any services available on this Website including any inaccuracies and for any non-compliance by any goods or services with any representations, illustrations, specifications, product features, colour or other information contained on this Website. This Website and all content, features, and services on this Website are provided "as is" without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose or non-infringement.
18.1 Entire Agreement: These Terms constitute the entire agreement concerning the supply of Products and use of the Website. No representation, warranty, term or condition shall be binding on us unless it is included in the Terms.
18.2 Governing Law: These Terms will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts
18.3 Right to suspend, alter or cancel service. CDL shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all of services provided through or by this Website and/or substitute alternative services, which may or may not be interactive or transactional in nature.
18.4 Contact Details: If you have any further questions relating to these terms or the Website please contact Container Door Limited either by email at email@example.com or by post to Container Door Limited, P.O Box 109-734 , Newmarket, Auckland.