TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of www.easternmarine.co.nz (the “Site”). This Site is owned and operated by Stewart & Milliken Company Limited T/A Eastern Marine Engineering Services. This Site is an ecommerce website.

By using this Site, you must indicate that you have read and understood these Terms and Conditions and abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Stewart & Milliken Company Limited T/A Eastern Marine Engineering Services and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent; or
• Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our site.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our site.

• Marine Parts and Accessories

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions or images we provide about our products are as accurate as possible. However, we are not legally bound my such information, descriptions or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our site;

• Credit Card;
• Direct Debit; and
• Payment on Collection

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• Local Courier
• Bulk Freight
• Courier Interisland

Delivery will take place as soon as reasonably possible, depending on delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times may be affected by weekends or statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside New Zealand your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with an inaccurate or incomplete information.

Refunds

Refunds for Goods

Refund requests must be made within 20 days after receipt of your goods.

We accept refunds for goods sold on our Site for any of the following reasons:

• Good is broken; or
• Good does not match description

Refunds can not be accepted for the following goods:

• Electrical items that have been removed from their original packaging.

Returns

Returns can be made in person at Eastern Marine Engineering Services in Pine Harbour.

Returns can be made by mail. To return a good by mail, follow the following procedure:

Pack your goods and attach the return label. Go to your nearest post office and pay the necessary postage.

Consumer Protection Law

Where the Consumer Guarantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

Stewart & Milliken Company Limited T/A Eastern Marine Engineering Services and our directors, officers, agents, employees and subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of our Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Stewart & Milliken Company Limited T/A Eastern Marine Engineering Service and our directors, officers, agents. Employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fess arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of New Zealand.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

(09)536-6252

info@easternmarine.co.nz

Unit 4/A, 190 Jack Lachlan Drive, Beachlands, Auckland 2018

You can also contact us through the contact form available on our website.