INTRODUCTION
We at Bunker Box Limited have attempted to provide the below Terms in plain English so it is easy to read and understand. If you need anything please do not hesitate to contact us on info@bunkerbox.co.nz and we will do our absolute best to help.
If you have any feedback to improve our service or website content please drop us a line. We love feedback!
DEFINITIONS
In these terms of trade:
“Account” means the Customer’s account with the Vendor;
“Customer” means the person or entity signing an Application for Credit or making an Order and any person acting with ostensible authority on behalf of the party named as the Customer;
“Goods” means goods supplied by the Vendor to the Customer at any time;
“Guarantor” means any party executing a Guarantee of the Customer’s Account with the Vendor;
“Order” or “Orders” means any order or orders of the Customer to the Vendor to supply Goods and/or Services;
“PPSA” means the Personal Property Securities Act 1999;
“Services” means services supplied by the Vendor to the Customer at any time;
“Terms” means these Terms and Conditions of Trade;
“Vendor” or “We” or “Us” means Bunker Box Limited
ACCEPTANCE
Each Order will constitute acceptance by the Customer of these Terms.
TERMS OF WEBSITE ACCESS
These terms of access apply to the use of this website. By using this website and purchasing goods from Bunker Box Limited, you acknowledge that you are bound by the following “Terms of Website Access” as well as our “Terms and Conditions of Trade” as set out below.
CHANGES TO THIS WEBSITE
We may change the information on this website, including these terms and conditions, at any time. By continuing to use this website after any changes have been made, you acknowledge that you will continue to be bound by these terms.
GENERAL INFORMATION
The information on this website and our Quick Reference Guide is for your information only – it is not advice. We will try to make sure that the information is accurate and up to date, but we do not guarantee that the information we provide is reliable, accurate, or suitable for what you may want to use it for. Before you rely or act on any of the information you should get professional advice.
LIABILITY
You use the information, services, products and materials available from this Site at your sole risk. In no circumstances will BunkerBox be liable to you – whether in contract or tort or under any other legal principle – for any direct, indirect, special, repetitive, incidental, exemplary or consequential damages, or any damages whatsoever arising out of or in connection with your use, inability to use, or performance of the information, services, products and materials available from this Site.
Bunker Box Limited sells emergency survival kits and products to help increase your chance of surviving emergencies. Under these circumstances, the performance of the products cannot be unconditionally guaranteed. Neither seller nor the manufacturer shall be liable for any injury, loss or damage resulting from use of these kits or products. Before using, the user should determine the suitability of the product and should only use it if satisfied that it is safe to do so under the circumstances.
Children must be supervised at all times when handling any of our kits or products. Be warned that there are items in the kits that may be unsuitable for children to handle or have access to. The purchaser should thoroughly check the contents and either remove any items they consider unsuitable or unsafe or ensure children cannot access the contents.
The Sale of Goods Act 1908, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Vendor which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on the Vendor the Vendor’s liability will, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
PRODUCT AVAILABILITY
We will make every effort to fulfil orders placed using this online service but we do not guarantee that the products advertised will always be in stock.
Please note that we reserve the right to change the content and or the specifications and pricing of our kits without prior warning.
Due to stock availability we reserve the right to exchange any item for one of equal or better quality or with the substitute item specified under each product in the content list.
CANCELLATION POLICY
You acknowledge that we will incur obligations and costs once you place an order with us. Therefore you may not cancel or vary an order once it has been placed with us unless of course we advise you that delivery cannot be made due to circumstances beyond our reasonable control. Please order carefully as once an order has been placed you cannot cancel it, Refunds are available in special circumstances (refer to Consumer Guarantees Act), any refunds are at the discretion of Bunker Box Limited, refunds are not available for change of mind.
Please contact us at info@bunkerbox.co.nz before the item is returned so as we can inform you of where to send the item and make arrangements for refund/credit or replacement.
Items must be returned in the original condition and packaging in which they were received. The goods are your responsibility until they reach our warehouse. Please ensure you package them for return to prevent damage to the items or boxes. We recommend you use a postal service or courier that insures you for the value of the goods you are returning. We are not responsible for any items that are returned to us in error, Hygiene items such as face masks or personal hygiene items are non-returnable. We would also need to retract any costs we incurred to provide you the product including but not limited to: delivery charges, credit card transaction fees and advertising costs which we think is more than fair.
DISCLAIMER
While every effort is made to keep the information on this Site current, prices and product availability are subject to change and We will advise you upon placement of your order if changes have been made during the time since the Site was last updated and your order is posted. You can then either agree to still purchase the products or alternatively we will refund the money you have paid.
Failure by the Vendor to enforce any of the terms and conditions contained in these Terms will not be deemed to be a waiver of any of the rights or obligations the Vendor has under these Terms.
PRICES
All product prices displayed at the Checkout include GST. All product prices displayed on the Final Purchase Approval page include shipping, packaging & handling charges. All orders will be delivered by courier. Different products may have different delivery times depending on product availability and delivery delays. If your order is not delivered within the time quoted, please email us with your order details, and we will do our best to give you a reason for any delay. We may have to increase our price during high demand periods. We will undoubtedly incur increased costs due to higher courier demand and product shortages and will simply pass these on.
Method of Payment
At Bunker Box we prefer the Bank transfer method of payment so that our customers do not have to pay the Payment Method Service Fee. The Payment Method Service Fee is not passing on the Merchant surcharges but the cost of the website upkeep including web design, plug ins, hosting, domain costs ect. Most of our customers enjoy no additional fees at the check out by simply paying by bank transfer.
- We accept Bank Transfer (No Surcharge)
- We accept AfterPay (6% Payment Method Service Fee)
- We accept Laybuy (6% Payment Method Service Fee)
- We accept PayPal (4% Payment Method Service Fee)
All prices are in New Zealand Dollars
EVENTS BEYOND OUR CONTROL
Bunker Box Limited will be excused from our obligation to deliver goods within the estimated time if that non-performance is due to events beyond its reasonable control.
GOVERNING LAW
Your order and the contract between you and Bunker Box Limited is subject to the law of New Zealand and We submit to the exclusive jurisdiction of the courts of New Zealand. The Vienna Convention on the International Sale of Goods does not apply. If you are not located in New Zealand, We will not be liable for any breach of foreign legislation, code or directive as a result of you importing any of the products ordered from our Site into your country.
INTELLECTUAL PROPERTY AND OTHER RIGHTS
All Site design, text, graphics, interfaces and the selection and arrangement of this are Copyright. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an order with BunkerBox or using this Site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution or republication, without prior written permission is strictly prohibited. Be aware that certain names, logos, designs, titles, words or phrases on our pages may constitute trademarks, service marks, or trade names and are protected by law.
TRADEMARKS
All trademarks, service marks and trade names used on this Site (collectively “the Marks”) are either proprietary to us or the owners of these Marks have granted us the right to use such Marks on this Site.
SECURITY
All credit card processing is fully encrypted. Immediately prior to entering your credit card details you will be directed to a secure site. To check if you are on a secure site:
- For Netscape users: Netscape will display a lock in the lower left of the browser window.
- For Internet Explorer users: Internet Explorer will display a lock icon on the status bar.
- For AOL users: AOL will display a lock in the lower right hand corner of the browser window.
The information you send is passed through a secure server using encryption technology
HYPERTEXT LINKS
This website may contain hypertext links to other websites that are not operated by us. These links are provided for your convenience and interest only. We are not responsible for the information contained on any website that you link to from this website. If you create a hypertext link to this website, you are responsible for all direct and indirect consequences of the link. You must indemnify us for all loss we suffer in connection with any link you have created.
WEIGHTS VOLUMES AND MEASURES
Any quoted weight, measurements and volumes etc are believed to be correct, but slight discrepancies may be possible and we cannot be held responsible for such minor discrepancies.
SITE UPTIME
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
Over $1000 in ‘Value’
We have done our own research and found either a similar or same product within New Zealand or on deliverable within 14 days. The value displayed includes either the RRP that we get from our distributor or a price found on a competitors website at one point in time, including tax and delivery charges. The value is indicative only, subject to change and we do not guarantee the accuracy but will do our best to update this value when we change the products offered. We reserve the right not to display the individual pricing of each product within the Bunker Box however from time to time we may display some pricing to give you an idea of the value contained within the Bunker Box.
PACKING TIME
When you purchase a BunkerBox in rare circumstances we may not have all items in stock. We will order from our wholesalers/distributors and this usually takes a few days. Once all stock has arrived we will pack the items and courier to you.
Packing time can take 3-5 days from the receipt of your order but may take longer in special circumstances or in circumstances beyond our control. If there is a delay in ordering in the items advertised in the BunkerBox we will notify you and provide you a reason for the delay and a new timeframe.
BACKORDERS
When there is a national emergency, disaster or civil unrest we may experience high volumes of orders for weeks after such an event. If we run out of stock in these circumstances you are welcome to place your backorder and we will do our best to get your items sent to you as soon as we can. Depending on the severity of the event your order may take one, two or even several weeks to arrive. Don’t fret however, as we will be in contact with you throughout the process to ensure you know the status of your order. If you place your order as soon as possible you may be first in the queue, and we fulfill the orders on a first in first out basis. If we are unable to fulfill your order and send your out goods we will be in contact for a full refund.
DELIVERY
Delivery fees are variable depending on what you buy and where you are located.
If you order extra food this may arrive separately and may come from a different courier company. The delivery time is usually 3-6 business days on extra food.
All orders are carefully packed. Should your order be damaged on arrival, please contact us immediately.
Delivery targets are a guide only and we do not guarantee that your order will be delivered within these delivery targets.
Delivery to remote areas may take longer.
If you are not in a position to accept or take delivery of the Goods as scheduled then you will be responsible for all additional charges thereby.
Delivery of Goods by Bunker Box Limited to a carrier is deemed to be delivery to the Customer.
You must notify Us within two working days of delivery of any shortfall in Goods supplied, time being of the essence.
Upon the Vendor delivering Goods the Customer will ensure adequate safe storage facilities are provided for protection against theft and damage of any Goods, equipment or other items belonging to the Vendor at no cost to the Vendor.
In the event that the Vendor consents to the export of the Goods the Customer is responsible for all costs and compliance with any export regulations in force within the country for which the Goods are destined.
TIME OF PERFORMANCES
The Vendor will not be responsible for any delay in the delivery of Goods or the provision of Services and the Customer will not be entitled to cancel orders because of any such delay. Dates for delivery of Goods and provision of Services are given in good faith and are not to be treated as a condition of sale or purchase.
ERRORS OR OMISSIONS
Clerical errors or omissions, whether in computation or otherwise in the quotation, acknowledgement or invoice will be subject to correction.
TAXES and DUTIES
Unless expressly included in any quotation or Order, Goods and Services Tax and other taxes and duties assessed or levies in connection with the supply of the Goods and Services to the Customer are not included in the price and will be the responsibility of the Customer or, where the payment of such taxes or duties is the responsibility of the Vendor at law, the price will be increased by the amount of such taxes or duties.
RISK
From the time of dispatch to the Customer by the Vendor, risk in all Goods supplied will pass to the Customer and any loss, damage or deterioration to the Goods will be borne by the Customer. The Customer will notwithstanding any loss, damage or deterioration to the Goods remain liable to pay for the Goods.
OWNERSHIP
The Vendor will retain ownership of all Goods supplied until it receives payment in full of all amounts owing by the Customer for all Orders. The Vendor’s Security Interest in the Goods will continue in the terms of section 82 of the PPSA. The Vendor’s Security Interest in the Goods will continue in the terms of section 82 of the PPSA. The Vendor will have a right to stop and retrieve the Goods in transit whether or not ownership has passed if payment is not successful by the Customer.
RECOVERY OF GOODS
In the event of non-payment or payment reversal the Vendor will be entitled without prejudice to any other right it has at law or in equity to enter the place where the Goods are stored whether at the Customer’s premises or property or the premises or property of a third party for the purpose of recovering and taking possession of any Goods supplied. The Vendor will not be responsible for any damage reasonably caused in the course of removal of Goods supplied whether such Goods are in the possession of the Customer or a third party, and the Customer indemnifies the Vendor to the full extent in respect of damage caused in the course of removal from the property of a third party. The Vendor may resell any Goods seized pursuant to this clause and apply the proceeds towards payment of the Customer’s debt to the Vendor. Any shortfall will remain the liability of the Customer. The Customer indemnifies the Vendor for all costs and expenses including legal costs as between solicitor and client which the Vendor may incur in recovering the Goods and any monies owed to it.
WARRANTIES
Unless specified in writing, the Vendor gives no warranty express or implied as to the quality, description or fitness for any particular purpose of the Goods and Services. Where applicable, manufacturer’s warranties will attach to the Goods. Where the Customer is a consumer within the meaning of the Consumer Guarantees Act 1993 the Customer will have all the rights and remedies provided under that Act but no others.
Where Goods supplied are defective in terms of any condition warranty or guarantee or otherwise do not conform to the Order (other than as to quantum), the Vendor will at its discretion replace or repair any faulty Goods or pay the cost of replacing them, but only if a claim is made by the Customer in writing within seven days of delivery of the Goods time being of the essence.
DISPUTES
In the event of any dispute arising between the Vendor and the Customer, such dispute will in the first instance be referred to mediation for resolution.
In the event that resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute. Nothing in this clause prevents the Vendor from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.
FORCE MAJEURE
Neither the Vendor nor the Customer will be liable to the other for any breach of these Terms by any extraordinary occurrences which are beyond the reasonable control of the party in question.
VALIDITY
If any provision of these Terms is invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
ENTIRE AGREEMENT
These Terms constitute the entire agreement and supersede and extinguish all prior agreements and understandings between the Vendor and the Customer.
