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Terms Of Use

MAHER MILLIONS LIMITED (“MML”)

All good and services are supplied by MML on the following terms and conditions:

  1. ORDERS, ACCEPTANCE AND APPLICABILITY
    1. All orders for goods and/or services (“Order”) made by the customer (“you”) must be made on the form provided for that purpose by MML on its nominated website (“Order Form”) or as otherwise required by MML, and all details on the Order Form must be completed by you in full. MML carries no liability for any errors or omissions on the Order Form.
    2. By ordering any goods and services from MML you are deemed to have accepted these terms and conditions of trade (“Terms”) and you have accepted full and complete liability for payment to MML.
    3. Your Order is irrevocable and together with the relevant Order Form and the Terms, shall form a contract between you and MML.
    4. Your Order and these Terms are the entire agreement between MML and you and supersede all representations, agreements or other communications made by MML. These Terms apply to all services provided by MML and may be waived or varied by MML at any time without notice to you. Any variation to these Terms in your favour will only take effect once confirmed in writing by MML.
    5. These Terms apply to, are incorporated into and govern, every contract entered into between you and MML for the supply of any goods and/or services.
    6. All Orders are received subject to final approval or acceptance by MML, and MML reserves the right to reject any Order at its sole discretion. Reasons for MML rejecting an Order may include:
      1. The nominated name to be noted on the goods cannot be accepted for reasons such as it is offensive or objectionable or a breach of trade mark etc. (such decision to be made at MML’s sole discretion);
      2. Insufficient information has been provided on the Order form, such as an insufficient delivery address, or insufficient billing or other personal information;
      3. Your delivery address is not within a recognized postal service area on a recognized mail route or otherwise to MML’s satisfaction.
  2. PRICE
    1. You shall pay the price for the goods and/or services as it is recorded on the Order Form (“Price”). The Price is in US dollars notwithstanding your choice to display in price on the website in another currency. Payment shall be made at the time you place your order.
    2. If your delivery address is in New Zealand, the Price includes GST.
    3. If your delivery address is outside New Zealand, the Price does not include any GST, taxes or any other duties payable in your country, and you will therefore be liable to pay all GST, sales taxes and any other duties required to be paid in addition to the Price in order for your goods to cross the border from the Point of Dispatch.
  3. DELIVERY AND RISK
    1. You must specify the delivery address correctly and completely on the Order Form. You will be liable for any losses or additional delivery charges or other costs incurred as a result of any act, omission, default, error or request by or on behalf of you.
    2. The Price includes the cost of delivery of the goods and/or services supplied by MML where the delivery address and delivery method has been approved by MML. A delivery address will be approved by MML only if it is within a recognized postal service area on a recognized mail route or where carrier services are reasonably available at a cost acceptable to MML.
    3. Where any Delivery address or delivery method is not approved by MML or is incomplete, MML may at its own discretion take steps to identify an alternative delivery address, or to seek to remedy an error or omission in your Order Form. MML accepts no liability for, nor is MML obligated to ensure, delivery of any goods and/or services in these circumstances.
    4. The point of dispatch of your goods is the point at which the manufacturer packages the goods ready for pick up by a carrier (“Point of dispatch”). MML will send any details of the delivery from the carrier such as a track and trace number to the email address nominated on your Order form.
    5. MML shall not be liable for any loss or damage whatever due to problems with delivery or failure to deliver after the goods are dispatched from the Point of Dispatch to your delivery address.
    6. You shall be obligated to ensure that you promptly advise MML of any change of your delivery address from the one specified on your Order Form. If your advice of a change to your delivery address is received by MML shortly before, during, or after dispatch of your goods, MML shall not be liable nor required to ensure delivery of your goods to your new delivery address. In these circumstances you shall make all necessary arrangements to obtain the goods from the carrier or otherwise, and MML shall not be liable for any loss or damage whatsoever due to problems with delivery or failure to deliver after the goods are dispatched from the Point of Dispatch.
    7. Any carrier of the goods to your delivery address shall act as your agent. You shall be responsible for any damage or loss caused by the carrier, and you shall be responsible for any charges, insurance and any other matters relating to delivery which arise subsequent to the dispatch of the goods from MML’s Point of Dispatch.
    8. You, or a person nominated by you, shall accept delivery of the goods at the delivery address nominated on your Order Form. You shall be responsible for acknowledging receipt of the goods from the carrier. Delivery of the goods shall be deemed to have been effected once they have arrived at the delivery address, or once reasonable efforts to deliver the goods have been made by the carrier.
  4. PAYMENT
    1. MML requires full payment of the Price prior to any steps being taken to fill your Order. Payments must be made via MML’s nominated website. MML reserves the right to charge additional fees for specific payment methods. The Price is to be paid in full without any set-off, reduction or counterclaim.
    2. MML will not take any steps to fill your Order or otherwise until payment of the Price is confirmed to MML’s satisfaction. If payment is not made to MML’s satisfaction, MML may reject your order, or suspend or cancel the supply of goods and/or services.
  5. OWNERSHIP
    1. Ownership and title to all goods and/or services remains with MML until final payment of the Price and other costs of the provision of goods and/or services is received. The Customer acknowledges and agrees that this clause may create a security interest.
  6. LIMITATION OF LIABILITY
    1. MML shall not be liable to you whether in contract, tort including but not limited to negligence or otherwise for any loss or consequential damage due to any delay or failure to supply goods or services, or due to the cancellation, suspension or termination of one or more Orders. MML liability to you shall be limited to the Price paid for the goods.
    2. MML accepts no liability if there is a delay in the provision of the goods and services as a result of any act, omission, default, error or request by or on behalf of you.
  7. AVAILABILITY & SUPPLY
    1. All Orders are subject to availability of appropriate materials and labour to manufacture the goods.
    2. You accept and agree that the goods will only begin to be manufactured after your Order is received and approved by MML. You also accept that it is likely to take at least 3 calendar months for MML to arrange manufacture and delivery of your goods.
    3. If you request a particular option for your goods but that option (including any specific material or feature on the goods) cannot be sourced by MML, MML reserves the right to identify an appropriate substitute. MML will endeavour to contact you to advise any such change. You acknowledge and agree that decisions about an appropriate substitute are made solely at the discretion of MML and its employees or agents.
  8. EXCHANGE/ RETURNS
    1. MML has a no returns policy. Your goods are unique and have been specifically made in accordance with your Order. MML will not exchange goods or provide a refund. This includes where a customer has changed their mind about an Order or part of an Order, and includes cases where an error or omission has been made in the delivery address or related information.
    2. After you have completed your Order and/or submitted your Order Form, there is no ability to then exchange or return the goods you have ordered from MML.
  9. DAMAGED OR DEFECTIVE GOODS
    1. MML provides a warranty to you solely in respect of any defects in the manufacturing of the goods or which may result from poor workmanship (“Fault”) (“MML Warranty”).
    2. The MML Warranty does not cover normal wear and tear.
    3. Any MML Warranty claim must be lodged with MML within 90 days from the time that the goods are dispatched to you. Your claim must include a full written description of the Fault including photographic evidence, and be accompanied by proof of your purchase. Once your claim has been accepted by MML you must also return the faulty goods to MML.
    4. Where MML accepts any Fault is a result of defective manufacture or poor workmanship, MML, at its complete discretion, will elect to repair or replace the goods.
  10. CANCELLATION
    1. You are not able to cancel your Order after your Order Form has been submitted and it has been accepted by MML.
    2. MML may cancel any Order if for any reason the manufacturer is unable to fulfil your Order generally in accordance with the specifications of your Order.
    3. MML shall be entitled to cancel or suspend your Order(s) in the event of any delay or default by suppliers, force majeure, fraud, or any other circumstance reasonably beyond the control of MML. You shall have no claim where MML acts in reliance on this clause.
    4. If an Order is cancelled under this clause MML will refund the total purchase price of that order unless the reason for MML cancelling the order is due to your default or omission in which case a portion of the Price may be retained by MML.
  11. CONSUMER GUARANTEES ACT (“CGA”)
    1. If you are a consumer based in New Zealand and you purchase goods or services from MML other than for the purpose of business, then the terms of the CGA may apply. Where you acquire goods and services from MML for business purposes, you agree that the provisions of the CGA shall not apply.
  12. MISCELLANEOUS
    1. If any part of these Terms are found to be illegal, unenforceable or invalid that part should be modified to ensure its intended effect. The rest of the Terms shall not be affected by any such modification.
    2. You and MML agree that if any enforcement or other action is required, this agreement shall be subject only to the laws of New Zealand; and that the proper registry for filing and Court for hearing any claim will be in Dunedin New Zealand as MML’s principal place of business.