Terms of Trade

Terms of Trade 2018-08-08T16:10:12+00:00

Terms and Conditions

 Definitions

  • “Customer” or “retailer” means you and all other persons who purchase products under your Login, and, as the context requires, includes any person browsing Black Magic Tackle Ltd’s website who is not a registered retailer of Black Magic Tackle Ltd.
  • “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trade mark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
  • “Login” means a Customer’s personal email address and password used to access Black Magic Tackle Ltd’s site under that Customer’s registration.
  • “BMT”, “us”, “we” mean Black Magic Tackle Ltd
  • “Products” means the products displayed on the website and available for sale to approved purchasers.

Website Terms of Use

  • This website is an informative site for all customers.  It also provides a facility for BMT approved customers to place orders.
  • Your access to and use of this Site, including your order of Products through this Site, is subject to these terms of use. By accessing and browsing this site you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.
  • Orders placed through the BMT website constitute legal offers to purchase, and are capable of being accepted by BMT without any further reference to the Customer.
  • All orders placed are subject to BMT standard terms of trade or individual terms of trade as applicable.
  • BMT has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
  • BMT has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. BMT may cancel an order for any reason whatsoever. Where an order is cancelled by BMT we will make all reasonable efforts to notify the Customer of the cancellation.
  • BMT may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through this website for any reason whatsoever.
  • Customers are liable for every order made under their Login.
  • BMT shall use its reasonable endeavours to prevent any unauthorised entry into this website. However, no member of BMT will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into the BMT website, except where, its employees or agents, have acted negligently or fraudulently.
  • While BMT has endeavoured to ensure that the information provided on its website is free from error, no member of BMT warrants its accuracy, adequacy or completeness, and no member of the BMT shall be responsible or liable for any error in, or omission from, the information provided.
  • We reserve the right to make changes to the information provided on the website at any time and without notice.
  • You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.
  • You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of the Company’s rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose or in any other way without the Company’s prior written consent.
  • If you wish to link to any part of this site, you must get the Company’s prior written consent.
  • Black Magic Tackle Ltd is a New Zealand owned company

Orders and Delivery

  • An order made via this site (“order”) is an offer to purchase one or more products. When we receive a valid order from you, we will accept this offer by confirming via email that we have received and are processing the order.
  • We endeavour to deliver all products within 7 working days of us confirming receipt of the order, although this timeframe is an estimate only depending on location. If we are not able to supply the products or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock or the delivery is to a remote location), we will notify you as soon as reasonably possible after we become aware of this, in which case you may cancel the order (or any part of it)  We will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.
  • Freight will be charged as per our standard terms of trade or as per individual agreement as applicable

Product Descriptions

  • Product descriptions, pricing and photographic errors are unintentional and subject to correction.  The products will comply, in all material respects, with their product descriptions appearing on this site at the time when you submit the order.

Returns, defects and Risk

  • Any returns and defects and the risk of any loss of, or damage to the product are subject to our standard terms of trade or individual trade agreements as applicable.

Pricing and invoicing

  • Orders will be invoiced when products are despatched.
  • The Customer shall pay for the Products ordered at the price displayed at the time the order is submitted, unless BMT notifies the Customer, at any time, that an error has been made in the price displayed. BMT reserves the right to amend or rectify any errors in pricing or product specification within 24 hours of being notified of it or after an order has been placed.
  • BMT has the right to alter pricing at any time.
  • All pricing is the currency per your usual terms of trade.
  • All pricing shown is net of Goods and Services tax or local sales tax as applicable.
  • Freight will be charged as per our standard terms of trade.
  • With the exception of New Zealand and Australian retailer customers, any duties and taxes payable are in addition to the purchase price and are the sole responsibility of the purchaser.

Intellectual Property Rights

  • All intellectual property on this site, including without limitation any trademarks, text, graphics and copyright, is owned by us or our content suppliers.  All rights in the compilation, design and layout of this site are either owned or licensed by us.

Your Information

  • Please ensure that any information that you provide when creating an account with us on this site is correct, complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information.
  • You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Photo/video submission: 

  • By sending us your photo or video, you are giving us permission to share your photo/video, name, details of the catch and any other information you have provided through all of our advertising channels.  This includes but is not limited to, Facebook, Instagram, Youtube, in-store posters and merchandising, website content and all print media.  If the person in the photo/video is not you, you are consenting that you have the persons permission to share the photo/video with us on their behalf and that they agree to these terms & conditions.  We will never share your address.  We will not add your email to our email database.

Content

  • We endeavour to ensure that any content will be current, accurate or complete when you access it. However, we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.
  • This site may from time to time contain content provided by third parties and links to third party sites. This is provided for your convenience only and we are not responsible for any third party content on our site or any site to which our site contains links . The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.
  • You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this site. We may change the content on this site at any time without prior notice.

Force Majeure

  • We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.

Liability Excluded

  • To the extent permitted by law:
  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it; and
  • we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.

Amendments

  • We may amend these terms of use from time to time, so you should check and read these terms of use regularly. By continuing to use this site after any such amendment, you are deemed to have agreed to the amended terms of use.

Jurisdiction and Governing Law

  • New Zealand law governs the use of the BMT website and these terms and conditions.