Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services by Demitry Partnership (DemitryFish and MotoXstuff) to you, the purchaser of goods and services from us, including your use of the website at www.demitry.co.nz("the website").

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavor to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavors to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards:

Bank Deposit, Visa, MasterCard and American Express

Credit Card Security

All payments are processed via Stripe secure payments system to ensure high levels of payment security and are subject to Stripe terms and conditions.

Shipping and delivery

Shipping is calculated on average orders. You may ask us to see if we can ship any better on larger orders or rural delivery
Shipping is calculated once you have entered your shipping details.

Fish have their own shipping rates please make sure you choose from the fish shipping options for fish purchases

Most items are shipped within 2 days of receiving your order
Fish and Plants are only shipped Monday-Wednesday
Tracking details will be email to you once your Item has been picked up by our courier.


Live Stock Terms & Conditions


If you happen to have an issue with the purchase of any livestock you need to contact us within 24 hours after purchasing them. If this is outside of our normal business hours you are welcome to contact us via email or via Facebook Messenger on our Facebook page. We will also require a photo/video of the issue or if the fish has died then please keep the body in the freezer until you are able to get hold of us. We also require a sample of the water from your aquarium to confirm the parameters. Please note each issue is resolved on a case by case basis All livestock orders are shipped out every Monday - Wednesday (Excluding Public Holidays) If you have chosen our click and collect option for your livestock Please phone first to confirm all are ready for pick up as stock levels vary due to walk in customers but fresh livestock is ordered in each week. DemitryFish ships all livestock at the full risk of the customer and will not be held liable for any death of your livestock item in transit. ALL LIVESTOCK IS SENT AT THE FULL RISK OF THE CUSTOMERDemitryFish accepts no responsibility for compatibility of livestock and suitability for your aquarium. Please contact us prior to discuss these before purchasing livestock.

Returns

Change of mind refunds will only be given once the item has been returned at your cost in the sale-able condition less actual Courier costs as courier fees listed on website are often subsidized by us.

Exchanges where customers change their minds will
only be given once the item has been returned at your cost in the sale-able condition less actual Courier costs to send exchange as courier fees listed on website are often subsidized by us.

All warranty claims must be returned to us at your cost, they are then sent by us back to the supplier to get assessed for a warranty claim. If the Warranty is approved then a replacement will be sent out at our cost. If it is declined if you wish for it to be returned this is at the Purchasers cost.




Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.


To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.demitry.co.nz.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.

 

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