Terms Of Sale

These terms of Sale (“Terms of Sale”) apply to your purchase of any goods (“Goods”) offered by I’ve Been Pickled Limited (“IVP” or “we”) through this website. By purchasing any Goods, you are deemed to have read and agree to be bound by these Terms of Sale. If you do not accept these Terms of Sale or cannot comply with these Terms of Sale you must not purchase any Goods.

Further Terms

As well as these Terms of Sale, the Terms and Conditions and the Privacy Policy also apply to your access to and use of this website. You should ensure that you read the Terms and Conditions and Privacy Policy in conjunction with these Terms of Sale. By accessing this website, you are deemed to have read and agree to be bound by the Terms and Conditions as well as the Privacy Policy.

Ordering & Payments

You may only order Goods from this website (“Order”) in the manner specified on this website. To enable IVP to complete your Order you must provide all information requested from you in the process of placing your Order. Payment for all Goods must be made in the manner described on this website.

Website Prices and Descriptions

Although IVP aims to ensure that the prices and description of the Goods contained on this website are accurate, IVP reserves the right to amend any inaccuracies in such prices or descriptions at any point. If your Order is affected by any such inaccuracies, then IVP will discuss such issues with you and determine the best solution for you but may cancel your Order at any point prior to the delivery of any Goods to the address specified in your Order.

Cancellation

You may not cancel an Order once it has been shipped, but IVP may cancel your Order at any time up until such Order is delivered to you at the address specified in your Order. In the event of such cancellation IVP will provide you notice of this as soon as possible, provided however that IVP is not required to give reasons for cancelling your Order. If IVP cancels your Order for any reason, neither you nor IVP will be under any further obligation to each other arising out of your Order or IVP’s cancellation of your Order. If IVP cancels your Order IVP will reimburse you for any payments received by IVP relating to your Order.

Combined Terms

These Terms of Sale together with any additional terms and conditions contained in any invoice or any other similar document issued by IVP relating to your Order shall be the terms which govern your purchase of the Goods.

Risk

Risk in the Goods shall pass to you upon delivery of the Goods to the address specified by you when making your Order.

Incorrect Orders

If the Goods that are delivered to you do not match the Goods you ordered we will replace such Goods with the correct Goods provided we have such Goods in stock. If such correct Goods are out of stock, we will offer to provide you with comparable Goods to the original Goods you ordered and if you do not wish to accept these replacement goods you can elect to be refunded for the sale price of the Goods. If you are returning such Goods to us, you must provide us with proof of sale and an explanation as to why you are returning the Goods. If any Goods returned in accordance with this clause have been damaged or are not returned in their original packaging, you may not be entitled to take full advantage of the remedies provided by this clause.

Return

The provisions of the above clause only apply where IVP has mistakenly provided you with the wrong Goods. IVP regrets that it is not able to accept returns of Goods if you decide you no longer want them or would like a different version of the same Good (e.g. a different flavour or a different size), so please choose carefully before placing an Order.  Also, IVP cannot be responsible for minor differences in how Goods featured on our website may appear on your computer depending on the web browser you are using and the settings of your computer. You should ensure that you read the description of the Goods on the IVP website thoroughly before placing an Order as IVP can also not accept the return of Goods due to such technical issues. IVP will meet reasonable shipping costs as outlined in above Clauses.

Defective Goods

If the Goods that are delivered to you are faulty or defective, we will at your choice upon the return of such Goods, either replace such Goods provided that we have such Goods in stock, provide you with comparable Goods or you can elect to be refunded for the Sale price of the Goods. If you are returning such Goods to us, you must provide us with proof of purchase and an explanation as to why you are returning the Goods and what remedy you are seeking. If any Goods returned in accordance with this clause have been damaged or are not returned in their original packaging, you may not be entitled to take full advantage of the remedies provided by this clause.

Shipping Returns

All Shipping Charges associated with the return of any Goods to IVP will be met by IVP through use of NZ Couriers or an alternate courier company approved by IVP in advance. IVP will not be responsible for non-approved courier or shipping costs. 

Notification of Problem

IVP shall not be liable for any defect, damage, discrepancy or shortage in the Goods comprising any Order unless you notify IVP within a reasonable period of time of such issue. If the Goods have failed to reach the delivery address as specified by you in your Order within 10 days from the date you placed your Order, you should contact IVP immediately.

Exclusion of Liability

To the greatest extent permitted at law, under no circumstances will IVP, its employees, contractors or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by, or bought against you, which relate in any way to your purchase and/or use of the Goods, or in respect of any failure or omission on the part of IVP to comply with its obligations as set out in these Terms of Sale.

Limitation of Liability

To the greatest extent permitted at law, in the event that any limitation or provision contained in these Terms of Sale is held to be invalid or unenforceable for any reason and IVP becomes liable for any loss or damage that would otherwise have been excluded, IVP’s maximum liability in contract, tort, equity, statute, regulation or otherwise for all loss, damage or injury directly or indirectly arising in respect of your purchase and/or use of Goods is to be limited in total to the value of the Goods purchased by you.

Sale of Goods

To the greatest extent permitted at law you agree that neither the Sale of Goods Act 1908, the United Nations Convention on Contracts for the International Sale of Goods (1980), nor the Sale of Goods (United Nations Convention) Act 1994 will apply to any Order made by you from this website.

Jurisdiction

These Terms of Sale and the provision of any Goods to you are governed by, and are to be interpreted in accordance with the laws of New Zealand, and in all matters relating to or arising from your Sale and/or use of the Goods, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.

Disputes

In the event that you have a dispute relating to or arising from your purchase and/or use of the Goods you must immediately notify IVP in writing giving details of the dispute. If IVP and yourself cannot resolve the dispute within fourteen (14) days then to the greatest extent permitted at law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and IVP or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand. If the matter is not resolved by mediation within fourteen (14) days from there, (unless you are a consumer as defined in the Consumer Guarantees Act 1993), the matter will be submitted for arbitration by a single arbitrator to be appointed by the Arbitrators and Mediators Institute of New Zealand in accordance with the Arbitration Act 1996. Unless agreed otherwise by IVP, all such mediation and arbitration proceedings shall take place at a venue in Christchurch, New Zealand to be chosen by IVP acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.

Amendments

IVP reserves the right to amend these Terms of Sale from time to time. Amendments will be effective immediately upon being placed on this website. Your purchase of Goods following such amendments being placed on this website will represent an agreement by you to be bound by the Terms of Sale as amended. Such amendments may include replacing these Terms of Sale with entirely new Terms of Sale. For the avoidance of doubt, any amendments will not be retrospective and accordingly the Terms of Sale published at the time of the Sales will be applicable to your purchase. 

Failure to Comply

To the greatest extent permitted at law IVP accepts no liability for any failure to comply with these Terms of Sale where such failure is due to circumstances beyond its reasonable control.

Waiver

If IVP waives any rights available to it under these Terms of Sale on one occasion, this does not mean that those rights will automatically be waived on any other occasion. 

Severability

If any provision of these Terms of Sale is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Sale and the remaining provisions shall continue in full force.

Queries: If you have any queries in regard to these Terms of Sale, please don’t hesitate to contact us help@IVP.co.nz or 021 045 2459