Terms of Trade — mico.co.nz

These terms and conditions apply to Mico’s e‑commerce retail website online purchases.

General

Definitions

• Customer means you and all other persons who purchase the Goods from this website; includes any person browsing Mico who is not registered to use the Mico website.
• Delivery shall occur when your item is delivered to the relevant delivery address with collection of a signature unless Mico’s delivery agent has been given authority by a person at the relevant delivery address to leave signature‑required items 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, and the right to file an application for registration thereof.
• Sign In means a Customer’s personal email address and password used to access the Mico website 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 the Mico website.
• 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 these Terms of Trade, 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 and brand owned by Mico, being the medium by which Goods are offered for sale online by Mico trading as Mico to the Customer.

Use of Mico website subject to these Terms of Trade

Your access to and use of the Mico website is subject to the following Terms of Trade. By using the Mico website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through the Mico website constitute legal offers to purchase from Mico and are capable of being accepted by Mico without any further reference to the Customer.

Terms of Trade to prevail

Where these terms are inconsistent with any other documents purporting to have contractual effect these Terms of Trade will prevail unless otherwise determined by Mico.

Mico discretion to accept registration

Mico has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

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.

Registration and access costs

No costs are payable to register to use the Mico website, but Customers are responsible for any costs incurred in using the Mico website including any charges imposed by their internet service provider.

Suspension or termination

Mico may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Goods through the Mico website for any reason whatsoever.

Customer liable for every order

The Customer is liable under these Terms of Trade for every order made on the Mico website.

Online support hours

The Mico team operate Monday to Friday 08:30 to 17:00. General queries will be responded to within 24 hours during our hours of operation.

Security of information

Mico will use its reasonable endeavours to prevent any unauthorised entry into the Mico website. 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.

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. We use Windcave as a payment gateway on our site. Our payment gateway is PCI DSS‑compliant and customers’ payment details are tokenised and not stored on Mico’s systems. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

Mico will never send an email to you asking for credit card and login details. Please do not reply to these.

Collect in store

Orders must be collected within 10 working days from the date you are notified by email that your order is ready for collection. If your order is not collected within this time, your order will be cancelled. The relevant collection store may then allocate those Goods to another customer and your refund will be credited to the card you used for your order, less any administration fee payable.

You acknowledge that we may record the details of any identification provided in relation to collection of products.

Price

Pricing

The Customer will pay Mico for the Goods ordered on the Mico website 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.

Currency

The prices of Goods are displayed in New Zealand currency.

Prices inclusive of GST

The prices of the Goods are inclusive of GST and any other sales tax.

Goods Availability

Goods availability

Every effort will be made to fulfil orders placed with Mico, but neither Mico 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.

Goods range

Mico reserves the right to limit the range of Goods available to certain areas.

Deals

Deals are subject to availability while stocks last. Mico does not allow back orders for deals that are out of stock.

Payment

Method of payment

Customers must pay Mico for the Goods purchased by debit card, credit card or Zip Pay and Mico does not accept EFTPOS, cash, cheque, voucher, direct debit or any other form of payment.

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.

Adjustments

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 or debit card. Refunds may take up to 5 working days.

Delivery

Delivery times

Mico’s delivery options are customised depending on what we have in stock, the nature of Goods ordered and your location. Upon checkout you’ll be presented with these options:

Standard delivery: 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 it takes longer, our Mico team will be in touch 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.

Holiday period delivery: During the holiday period, deliveries may take longer than usual. Your Mico team member will be in contact to update you on delivery times over this period.

Delivery areas

Mico does not deliver to PO Box addresses and only delivers within New Zealand mainland, including Waiheke Island.

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.

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 an additional Delivery Fee for repeated delivery attempts.

Change of address

If the Customer wishes to change the delivery address once an order has been made they must immediately contact a member of the Mico team to try to change the Delivery Point. Mico excludes liability for any order despatched prior to notification of a change in the Delivery Point.

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 will notify the Customer to arrange an alternative delivery timeframe. If that timeframe is not acceptable, the Customer may cancel the order without incurring any fee.

If the delivery date has passed, please contact Mico customer service at info@mico.co.nz.

Incorrect, missing, damaged or faulty Goods

If any Goods delivered do not correspond with the Goods ordered:

• Defective or damaged Goods: immediately contact Mico customer service at info@mico.co.nz, quoting your order number, the faulty item’s name and code, and a description of the fault. If the Goods are defective or damaged on delivery, Mico will refund the original delivery fee and the cost of returning the Goods provided such Goods can be removed easily without damage to themselves or any other fixture or fitting.
• Missing Goods: immediately contact your local branch quoting your order number and the missing item’s name and number.

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 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 reasonable notice and will not charge the Customer for the cancelled order.

Property / Risk

Goods

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 in full.

Login

The Customer will keep their registration details safe and confidential at all times.

Returns and Exchanges

Please refer to our Returns Policy for full information – mico.co.nz/return-policy/. 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 Mico’s nominated address by prior arrangement within 30 days of purchase at the Customer’s expense.
• Such Goods may be subject to freight cost and restocking fees of a minimum of 20%, 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 with our Mico team 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 Goods cannot be returned for refund or exchange. Custom and/or bespoke and hygiene-sensitive ordered Goods are not returnable or refundable.

The Customer expressly acknowledges and agrees that Mico does 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

Mico’s liability

• To the fullest extent permitted by law, Mico will not be liable for: (a) loss caused by any factor beyond Mico’s control (including force majeure); (b) failure to deliver by any specified dates unless expressly agreed otherwise in writing; (c) damage from misuse, accident, neglect or improper operation of Goods supplied; (d) loss of or damage to Goods while in transit (unless expressly agreed otherwise); (e) deterioration of 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 stored in an improper manner by the Customer; and (h) Goods not maintained in accordance with the manufacturer/supplier’s instructions or industry best practice.
• Mico has no liability to any subsequent purchaser of the Goods from the Customer; the Customer’s rights under these Terms of Trade are not assignable without Mico’s prior written consent (at Mico’s sole discretion).
• To the fullest extent permitted by law, Mico has 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 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.
• To the fullest extent permitted by law Mico excludes liability for Business‑to‑Business transactions under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA); in particular sections 9, 12A, 13 and 14 of the FTA and any other applicable consumer law.
• Subject to any express warranties given by Mico or any other manufacturer 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 to the fullest extent permitted by law.
• Subject to any limitation on Mico’s liability expressed within these Terms of Trade, Mico’s liability (whether in tort including negligence, contract or otherwise) for any loss, 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, at Mico’s option, to: (a) replacing the relevant Goods; or (b) refunding the sale price of the relevant Goods; or (c) repairing the Goods.
• No claim based on defective Goods will be allowed unless: (a) the claim is notified to Mico within 30 days of delivery; and (b) Mico is given a reasonable opportunity to investigate the claim.
• 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.

Compliance

The Customer will be solely responsible for obtaining any necessary permits and for compliance with all legislation, regulations, by‑laws or rules having the force of law in connection with the use of the Goods.

Indemnity from the Customer

The Customer indemnifies and undertakes to keep Mico, its Related Companies and their officers, employees and agents (“Indemnified Party”) fully and effectively indemnified against all losses (including direct, indirect and consequential), liabilities, penalties, damages, claims, demands, actions, costs (including legal costs on a solicitor‑client basis), charges and expenses which the Indemnified Party may incur, or which may be made against the Indemnified Party, 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; (b) any breach by the Customer of the Customer’s obligations under these Terms of Trade or any warranty given by the Customer; or (c) anything done or omitted by Mico in the exercise or purported exercise of rights under these Terms of Trade or conferred on Mico by law.

Intellectual Property

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, its licensors and the providers of any other Goods accessible through Mico and the Mico website, 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.

Force Majeure

If performance by Mico of its obligations under these Terms of Trade is prevented by reason of force majeure (including fire, casualty, accident, act of God, epidemic, natural disaster, law or requirement of any government or agency, strikes, labour disputes, shortage of labour, shortage or unavailability of Goods or raw materials, delay in transit, electricity or communications failures, or other causes beyond Mico’s reasonable control) Mico will be excused from such performance to the extent of such prevention.

Online Competitions / Promotions

Any competition and promotional terms and conditions can be found associated with each promotion on the Mico website promotions page.

Variation of Terms and Conditions

From time to time Mico may vary or replace these Terms of Trade without notice. Please check the Mico website periodically for changes. The Customer’s continued use of the Mico website after the terms have been changed indicates acceptance of those changes.

Governing Law

New Zealand law governs the use of the Mico website and these Terms of Trade and the parties submit to the exclusive jurisdiction of the New Zealand courts.