E-Commerce Terms of Sale
These terms and conditions apply solely to Mico’s e-commerce retail website online purchases
- "Customer" means you and all other persons who purchase the Goods under your Login, and, as the context requires, includes any person browsing Mico who is not registered to use Mico.
- "Delivery" shall occur when your item is:
Delivered to the relevant delivery address with a collection of a signature unless Mico’s delivery agent have been given authority by a person at the relevant delivery address to leave signature required items at the relevant delivery address without collection of a signature.
- "Delivery Fee" means the fee you as the Customer must pay to have your order picked, packed and delivered.
- "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
- "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
- "Sign In" means a Customer's personal email address and password used to access Mico under that Customer's registration.
- "Address" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
- "Goods" means the Goods for sale on Mico.
- “Related Company” has the meaning given to it in the Companies Act 1993 and includes a holding company and a subsidiary of any Body Corporate as defined in the Companies Act 1993 and, when used in the Terms and Conditions will mean each Related Company of Fletcher Building Ltd from time to time (including but not limited to Fletcher Distribution Ltd and Mico NZ Ltd)
- "Mico" means this e-commerce retail website owned by Mico NZ Limited, being the medium by which Goods are offered for sale online by Mico to the Customer.
1.2 Use of Mico e-commerce retail website subject to these e-commerce Terms of Sale.
Your access to, and use of Mico’s e-commerce retail website is subject to the following Terms of Sale. By using Mico you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Mico constitute legal offers to purchase, and are capable of being accepted by Mico without any further reference to the Customer.
1.3 E- commerce Terms of Sale to prevail
Where these terms are inconsistent with Mico Terms of Sale for Trade and Retail or any other documents purporting to have contractual effect these e-commerce Terms of Sale will prevail.
1.4 Mico discretion to accept registration
Mico has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Mico discretion to accept orders
Mico has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Mico may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use Mico, but Customers are responsible for any costs incurred in using Mico, including any charges imposed by their internet service provider.
1.7 Suspension or termination
Mico may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Goods through Mico for any reason whatsoever.
1.8 Customer liable for every order
1.9 Trading hours
The Mico Care team operate Monday to Friday 0900 to 1700. General queries will be responded to within 4 hours and questions about orders will be responded to within 2 hours during our hours of operation.
1.10 Security of information
Mico will use its reasonable endeavours to prevent any unauthorised entry into Mico. However, neither Mico nor any Related Company will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Credit card payments are processed by Datacom Payment gateway. Credit card information is passed directly to the bank through a secure server that uses Secure Sockets Layer software (SSL) to encrypt the information that a Customer enters. This technology is designed to prevent any unauthorised viewing and downloading of Customer order information.
Mico will never send an email to you asking for credit card and login details. Please do not reply to these.
1.11 Site content
We have made every reasonable effort to ensure the accuracy of information provided on our website, however, errors and omissions may occur. Mico has made every reasonable effort to ensure that the information provided on the website is accurate and free from error, however, errors and omissions may occur. Mico does not warrant the accuracy, adequacy or completeness of information displayed on the website, and neither Mico NZ Ltd nor any Related Company will be responsible or liable for any direct or indirect, loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on the website and any other website linked to the website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
Mico reserves the right to make changes to the information provided on Mico at any time and without notice.
You agree not to download, copy, transmit or otherwise replicate any of the information displayed on this Site, for any business purpose whether by electronic or any other means whatsoever. This includes any "data mining" or "data scraping" of any product information, ratings, and comments.
Except as expressly provided herein, Mico grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. All trademarks used on this site belong to Mico or the registered owner of such marks. All intellectual property rights relating to such trademarks and all copyright and other intellectual property rights in respect of this site are the property of Mico or in the care of registered trademarks, the owner of their trademarks.
1.12 Use of the site
The Customer agrees not to use Mico for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Mico for their own personal use but otherwise neither Mico, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Mico’s prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of Mico, or damage the operation of Mico, or Mico’s systems or those of other persons who use Mico, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The user of this site assumes all responsibility and risk for the use of this site and the Internet generally. The materials are provided "as is", without any express or implied warranty of any kind including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, and freedom from errors, viruses, bugs, or other harmful components.
The Customer will pay Mico for the Goods ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Goods ordered increases or decreases between the time the order is submitted and the time when the Goods are delivered.
The prices of Goods are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Goods are inclusive of GST and any other sales tax.
3.1 Goods availability
Every effort will be made to fulfil orders placed with Mico, but neither Mico NZ Ltd nor any Related Company will be liable to any person if Mico is unable to or otherwise declines to supply Goods for any reason whatsoever. Mico reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
3.2 Goods range
Mico reserves the right to limit the range of Goods available to certain areas.
Deals are subject to availability while stocks last. Mico does not allow back orders for deals that are out of stock.
4.1 Method of Payment
Customers must pay Mico for the Goods purchased by debit card and credit card and Mico does not accept EFTPOS, cash, cheque, voucher, direct debit or any other form of payment.
4.2 Payment by credit or debit card
Mico reserves the right to refuse to accept payment from any particular Customer by credit or debit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Goods ordered, Mico will refund, to the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced. This will be credited back to the Customer’s Credit card or Debit card. For purchases over $2,000 refunds may take up to 3 days.
4.4 Change to payment policy
Mico may change at any time the way in which a Customer pays for Goods, and any change will be notified to the Customer prior to the change coming into effect.
5.1 Delivery times
Our delivery options are automatically customised depending on what we have in stock and the nature of Goods ordered and your location. Upon check out you’ll be presented with these options:
HOLIDAY PERIOD DELIVERY:
During the holiday period – 16th December 2019 to 3rd January 2020 deliveries may take longer than usual. Your Mico branch will be in contact to update you on delivery times over this period.
Occasionally, the item you want may not be in stock with us and will take a bit longer to ship because we need to order it from our supplier first. We generally aim to get it to you within 5 to 10 days. If for whatever reason it takes longer than that our team will be in touch with you within 1 working day of the order being placed to let you know. Oversize items may be subject to additional delays in delivery times and other delivery requirements.
5.2 Delivery areas
Mico does not deliver to PO Box addresses and only delivers within New Zealand mainland including Waiheke Island. For delivery to islands customers need to contact their closes branch found here.
5.4 Delivery and liability
Deliveries will be made to the Delivery Point in accordance with Mico’s nominated delivery agents’ terms and conditions. Delivery will be deemed to have taken place at the time of delivery to the Delivery Point.
Mico and its delivery agents are entitled to assume that any person accepting delivery of the Goods is authorised to do so on behalf of the Customer.
5.5 Accessibility and safety
The Customer will ensure that their Delivery Point is easily accessible, and that it is safe for Mico’s delivery agents to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Goods, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Mico reserves the right to charge the Customer an additional Delivery Fee in respect of any deliveries repeated in accordance with this clause.
5.6 Change of address
The Customer can use the checkout page to provide an alternative delivery address. However if the Customer wishes to change the delivery address once an order has been made they must immediately contact your local branch to try to change the Delivery Point. Mico excludes liability for any order despatched prior to notification of a change in the Delivery Point.
5.7 Delays to delivery
Notwithstanding any other term, Mico and any related Company will not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Mico or otherwise.
If Mico considers that the delivery of a Customer's order is likely to be substantially delayed, Mico may, but will not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unreasonable and unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
If the Customer’s delivery date has passed the Customer should contact Mico customer service at service@Mico.co.nz
5.8 Incorrect, missing, damaged or faulty Goods
If any Goods delivered do not correspond with the Goods ordered, the Customer may:
(a) in the case of defective or damaged Goods, immediately contact Mico at contact your local branch quoting:
- The order number
- The faulty item's name and item code
- A description of the fault
If the Customer’s Goods are defective or damaged on delivery, Mico will refund the original delivery fee and the cost of returning the Goods.
(b) in the case of missing Goods, the Customer should immediately Mico at contact your local branch quoting:
- The order number
- The missing item's name and number
VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
A Delivery Fee will apply for each order individually placed unless otherwise expressly stated on the Mico website under product category.
Mico may cancel any part of an order (including any orders that have initially been accepted) without any liability to the Customer for that cancellation at any time if:
(a) the Goods in that order are not available; or
(b) there is an error in the price or the Goods description posted on the site for the Goods in that order; or
(c) Mico reasonably believes the Customer’s order has been placed in breach of these terms and conditions.
In the event of a cancellation by Mico, Mico will endeavour to provide the Customer with reasonable notice of that cancellation, and will not charge the Customer for the cancelled order.
Risk in the Goods will pass to the Customer on delivery to the Delivery Point.
Ownership of the Goods will not pass to the Customer until all amounts owing by the Customer to Mico or any Related Company have been paid for in full.
The Customer will keep their Login details safe and confidential at all times.
RETURNS AND EXCHANGES
Only limited Goods may be returned to receive a full refund and will be subject to the following:
- All Goods being returned must be unused, in perfect condition, in their original packaging (including protective packaging) and must be returned to the nearest Mico store by prior arrangement within 30 days of purchase at the Customers expense.
- Such Goods may be subject to freight cost and restocking fees of up to 15% which will be deducted from the refund to the Customer at Mico’s discretion.
- If you would like to return an item please get in touch through the contact us page.
Subject to Goods being damaged pre or on delivery or a claim lodged for defective Goods within 30 days any Goods out of their original packaging, used or installed can not be returned for refund or exchange.
The Customer expressly acknowledges and agrees that Mico and Mico NZ Ltd do not assume any obligation or liability for any advice given, and that all such Goods are accepted by the Customer entirely at the Customer's risk.
LIABILITY AND INDEMNITY
9.1. Mico’s Liability
9.1.1 Subject to clause 9.1.9 below to the fullest extent permitted by law Mico and Mico NZ Ltd will not be liable for:
(a) loss caused by any factor beyond Mico’s control; including but not limited to a force majeure event;
(b) failure to deliver to the Customer by any specified dates unless expressly agreed otherwise in this or any other agreement;
(c) damage from misuse, accident, neglect or improper operation of the Goods supplied;.
(d) the loss of or damage to Goods while in transit (whether such loss or damage results from Mico’s negligence or default or otherwise howsoever) unless expressly agreed otherwise;
(e) deterioration of the Goods as a result of exposure to the elements, after delivery;
(f) Goods that have been tampered with or modified by the Customer;
(g) Goods that have been stored in an improper manner by the Customer; and
(h) Goods that have not been maintained in accordance with suppliers’ instructions and or industry best practice
9.1.2. Mico and Mico NZ Ltd have no liability to any subsequent purchaser of the Goods from the Customer in that the Customer’s rights under these terms and conditions are not assignable without the prior written consent of Mico which consent can be withheld at Mico’s sole discretion.
9.1.3. Subject to clause 9.1.9 below and to the fullest extent permitted by law, Mico and Mico NZ Ltd have no liability (whether statutory, in contract or tort (including negligence)), (or howsoever) to the Customer or any of the Customer’s agents or employees for any physical, or special damage, , indirect loss, loss of profits (whether direct or indirect), economic loss of any kind (including expectation loss) or any other indirect loss or costs (including legal costs on a solicitor client basis) arising out of or in connection with any Goods supplied.
9.1.4. To the fullest extent permitted by law Mico exclude Mico’s and Mico NZ Ltd’s liability for Business to Business transactions under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA); and in particular sections 9,12A,13 and 14 of the FTA and any other applicable consumer law.
9.1.5. Subject to clause 6 and to the fullest extent permitted by law and subject to any express warranties given by Mico or any other manufacturer of the Goods in writing, all conditions, warranties, descriptions, representations and statements as to fitness or suitability for purpose, workmanship, tolerance to any conditions, merchantability or otherwise, advice recommendation or information express or implied are expressly excluded.
9.1.6. Subject to clause 6 below and to the fullest extent permitted by law, and subject to any limitation on Mico’s liability which may be expressed within these e-commerce Terms of Sale, and Mico NZ Ltd’s total liability whether in tort (including negligence), contract or otherwise for any loss or damage or injury arising directly or indirectly from any defect in or non-compliance of any Goods or any other breach of Mico’s obligations is, limited to, at Mico’s option:
(a) replacing the relevant Goods; or
(b) refunding the sale price of the relevant Goods; or
(c) repairing the Goods;
9.1.7. No claim based on defective Goods will be allowed unless:
(a) The claim is notified to Mico within seven days of delivery to the Customer; and
(b) Mico is given a reasonable opportunity to investigate the claim.
9.1.8. Notwithstanding anything to the contrary in these e-commerce Terms of Sale where the Customer is a Consumer as defined by the CGA then the terms of the CGA including all guarantees and remedies pursuant to that Act will apply for the benefit of the Customer.
9.1.9 Where Goods have been purchased in trade then Mico NZ Ltd expressly excludes the provisions of the Consumer Guarantees Act and the Fair Trading Act to the maximum extent permitted by law.
The Customer will be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the use of the Goods.
9.3. Indemnity from the Customer
The Customer indemnifies and undertakes to keep Mico, its related Companies and their officers, employees and agents (the “Indemnified Party”) at all times fully and effectively indemnified against all losses (including but not limited to direct loss, indirect loss, loss of profits (whether direct or indirect), consequential loss), liabilities, penalties, damages, claims, demands, actions, costs (including legal costs on a solicitor client basis), charges and expenses which the Indemnified Party (or any of them), may incur, or which may be made against the Indemnified Party (or any one of them) as a result of or in relation to:
(a) any act, omission, neglect or default by the Customer or any subsequent purchasers of Goods supplied by Mico; or
(b) any breach by the Customer of any of the Customer’s obligations under these terms and conditions of sale or any warranty given by the Customer; or
(c) anything done or omitted to be done by Mico in the exercise of or purported exercise of rights under the terms and conditions of sale or conferred on Mico by law or
(d) any act or omission by the Customer which breaches or might breach any environmental law.
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Mico and its contents is owned by, and will at all times remain the exclusive property of, Mico, Mico NZ Ltd its licensors and the providers of any other Goods accessible through Mico, and is protected by New Zealand and international law. Nothing in these terms and conditions will constitute any licence of intellectual property rights to the Customer.
If the performance by Mico of its obligations under these terms and conditions is prevented by reason of "force majeure" (which will include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Goods or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Mico) Mico will be excused from such performance to the extent of such prevention.
Any competition and promotional terms and conditions can be found associated with each promotion on the applicable website promotions page.
LINKS TO AND FROM OTHER WEBSITES
13.1 Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Mico. Mico does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than Mico or www.Mico.co.nz.
The Customer agrees that it will not create a hyperlink to Mico without Mico NZ Ltd’s express written permission. If a Customer does create a hyperlink to Mico, that Customer is responsible for all losses Mico, Mico NZ Ltd or any Related Company may suffer as a result of that link, whether direct or indirect. Linking to Mico is at the Customer's own risk. The Customer agrees that will not frame any part of Mico by including advertising or other revenue generating material.
VARIATION OF TERMS AND CONDITIONS
From time to time Mico may vary these e-commerce Terms of Sale without notice. Please check these terms and conditions periodically for changes. The Customer’s continued use of Mico’s e-commerce website after the terms and conditions have been changed indicates acceptance of those changes.
New Zealand law governs the use of Mico and these terms and conditions and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.