1.1 All Goods supplied by Dreamcrusher Limited, and any of its trading names (including but not limited to “Ezywiper”) and its employees, contractors and agents to the customer (“Customer”) are sold subject to these terms and conditions of sale (“Terms”).
1.2 The Customer acknowledges that by purchasing any Goods from Ezywiper and using any of Ezywiper’s websites (including but not limited to https://ezywiper.co.nz) (“Websites”), the Customer has read, understood and accepted the Terms and agrees to be bound by the Terms.
1.3 Ezywiper reserves the right to amend these Terms in any manner and at any time and will notify the Customer of any amendments to the Terms by uploading the amended Terms to the Websites. By continuing to use the Websites and/or ordering Goods from Ezywiper after any such amendment, the Customer is deemed to have agreed to the amended Terms.
1.4 No variation, modification or substitution of these Terms is binding on Ezywiper unless specifically accepted by Ezywiper in writing.
1.5 The parties acknowledge and agree that for the purposes of the Terms, any reference to the “Goods” means all goods and products supplied by Ezywiper to the Customer from time to time for sale to, and purchase by, the Customer.
1.6 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2. Use of the websites
2.1 The design and content contained within the Websites is intellectual property which is either owned or licenced by Ezywiper.
2.2 The Websites are intended solely for the Customer’s personal non-commercial use. Any use of the Websites and its content for other use is prohibited without Ezywiper’s prior written permission.
2.3 This site is provided by Ezywiper on an “as is” and “as available” basis. You expressly agree that your use of this site is at your sole risk.
2.4 As a condition of use of the Websites, the Customer agrees:
(a) Not to create and/or publish a database that features content on the Websites (including prices and product listings) without Ezywiper’s prior written permission;
(b) Not to disrupt activity online;
(c) To ensure that the Websites are not used for any illegal activity or which may expose Ezywiper to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;
(d) Not to use anybody else’s computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
(e) Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;
(f) Not to run network scanning software or use open relay to distribute messages; and
(g) Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with Ezywipers’ or anyone else’s computer system or communications services.
2.5 Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Ezywiper reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, via any medium, and unless we indicate otherwise, you grant Ezywiper and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ezywiper and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ezywiper or its affiliates for all claims resulting from content you supply. Ezywiper has the right but not the obligation to monitor and edit or remove any activity or content. Ezywiper takes no responsibility and assumes no liability for any content posted by you or any third party.
3. Product information
3.1 Ezywiper has made every effort to display the products featured as accurately as possible. However the device the Customer uses to view the Websites may impact the display of the products. Ezywiper does not guarantee the colour, detail or texture of the product shown on the Customer’s screen will accurately reflect the actual product.
3.2 The site may contain historical information that is not necessarily current and is provided as a reference only. We reserve the right to amend the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3.3 We reserve the right to limit quantities or limit the number of products a Customer can purchase in a single transaction.
4. Stock availability
4.1 Products displayed on the Websites are subject to availability. Ezywiper has made every effort to provide accurate stock availability on the Websites, however, we do not guarantee that if a product is classified as being “in stock” that stock will be available to purchase online.
5. International shipping, importation & local laws
5.1 The Customer agrees to, at all times, comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in the country it resides in.
5.2 The Websites are controlled and operated by Ezywiper, from New Zealand. Ezywiper makes no representation or warranty that the content of the Websites or the Goods sold comply with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand.
5.3 If a Customer accesses the Websites and/or purchases the Goods from outside of New Zealand, the Customer is solely responsible for compliance with applicable local laws and agrees to indemnity Ezywiper absolutely in respect of any liability arising for Ezywiper as a result of the Customers non-compliance with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand.
6.1 When the Customer places an order on the Websites, the Customer is making an offer to buy the goods and/or services. When the Customer places an order the Customer will be required to provide details that enable Ezywiper to fulfil and deliver the order to the Customer.
6.2 Once the Customer’s order is confirmed Ezywiper is unable to change or cancel any aspect of the Customer’s order. The Customer must carefully check the order details before completing payment of the order.
6.3 Dispatch of orders is subject to stock availability and the Customer will be advised if a product is unavailable. To the maximum extent permitted by law, Ezywiper will not be liable to any person if Ezywiper declines to fulfil, or are unable to fulfil an order.
6.4 We reserve the right to refuse any order you place with us. We may, at our sole discretion, decline to fill, limit or cancel any order. This may include orders that use the same billing/shipping address and/or the same credit card and/or the same customer account. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.5 Ezywiper is entitled to:
(a) Discontinue the manufacture or supply of all or any of the Goods;
(b) Add to or substitute Goods; and
(c) Make such alterations, as it thinks fit, to the specifications, manufacture, design or packaging of the Goods.
Ezywiper will give Customers notice of any such change by updating the Websites.
7.1 The price payable for the Goods ordered will be the price specified on the Websites.
7.2 All prices for the Goods shall be in the currency the Customer selects on the Websites. For New Zealand orders this price will include GST. Ezywiper may correct any clerical errors or omissions in any correspondence, invoice or on the Websites.
7.3 Prices do not include import fees, duties, tariffs, taxes or other charges which may be payable in relation to the Customer’s order. The Customer is solely responsible to pay any import fees, duties, taxes, and other charges which may be payable in relation to the order.
7.4 Ezywiper reserves the right to vary the price for Goods at any time. Ezywiper will notify the Customer of any variations to the prices specified on the Websites by updating the Websites.
8.1 The Customer must pay the full price for the Goods and/or Services to Ezywiper before delivery of the Goods.
8.2 Payments must be made via the Stripe secure payment gateway facilities accessible via the Websites subject to any terms and conditions of this provider.
8.3 To the extent permitted by law, Ezywiper will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a Customer where a credit card is fraudulently used or is used in an unauthorised manner.
9. Delivery of online orders
9.1 Where Ezywiper has accepted an online order, Ezywiper will send the Customer an email confirming receipt of the order.
9.2 Ezywiper will then send the Customer an email with a tracking number from the carrier when Ezywiper’s distribution centre has dispatched the Goods. Ezywiper will endeavour to dispatch the Customer’s order within the usual timeframes indicated on the Websites. However any indications of delivery times by Ezywiper are made in good faith but are estimates only. Ezywiper will not be bound by such indications and will not be liable for any loss, expense or other damage caused by any delay in delivery.
9.3 Delivery of Goods for online orders shall be deemed to take place when the carrier delivers the Goods to the address provided by the Customer.
9.4 The Customer may, at the carrier’s discretion, specify delivery instructions for an order, in particular authorising the carrier to leave the Goods in a specified location (known as an Authority to Leave). Ezywiper is not liable to the Customer for any failure to deliver, or for any delay in the delivery of the Goods for an order that is delivered in accordance with the Customer’s delivery instructions.
9.5 The Customer is solely responsible for ensuring their order complies with all applicable laws and regulations of the country for which the Goods are destined. Ezywiper will not be liable or responsible if the Customer breaks any such law.
9.6 If the Customer orders Goods for delivery to a destination outside New Zealand the Customer is solely responsible to pay any import fees, duties, taxes, and other charges which may be payable in relation to the order.
9.7 Occasionally delivery may be affected by an Event Outside Ezywiper’s Control (as defined in term 14 Force Majeure).
10. Warranties and exclusions; Limitations of Liability
10.1 Subject to these Terms, Ezywiper supplies the Goods subject to any warranty given by Ezywiper, as at the date of acceptance by Ezywiper of any order for the Goods, for the warranty period specified in the applicable warranty’s terms.
10.2 The Customer must adhere to any returns claim procedure contained in Ezywiper’s Returns Policy (as notified to the Customer by Ezywiper from time to time, including on the Websites).
10.3 The Customer must give written notice to Ezywiper as soon as reasonably practicable after discovering or being notified of any defect. Subject to the Terms, Ezywiper’s liability howsoever arising under or in connection with any breach of warranty shall be limited to either:
(a) The repair of any defect occurring during the applicable warranty period; or
(b) If Ezywiper considers that the defect is irreparable, replacement of the Goods or a refund of the full (or part of the) price of the Goods.
10.4 Where the Customer purchases goods for a particular purpose, it is the Customer’s sole responsibility to ensure that the goods will be suitable for the Customer’s purpose, and Ezywiper shall have no liability whatsoever in the event that the goods are not fit for the Customer’s purpose. The Customer and Ezywiper agree that Section 137 of the Commercial and Contract Law Act 2017 does not apply.
10.5 No agent or representative of Ezywiper is authorised to make any representations, statements, warranties, conditions or agreements not expressly specified in the Terms and the Customer agrees that Ezywiper is not in any way bound by any such representations, statements, warranties, conditions or agreements.
10.6 No warranty (express or implied) relating to the Goods shall extend under any circumstances whatsoever to include:
(a) Any loss or damage not covered by any warranty given under these Terms;
(b) Any loss or damage occurring at or after the expiry of the warranty period specified in the warranty period specified in these Terms;
(c) Any damage to the Goods due to external causes, including accident, abuse, misuse, failure to perform preventative maintenance, usage not in accordance with instructions for the Goods in any user/manufacturer guide, manual or other directions;
(d) Faults or defects caused by the Customer’s use of the Goods including, without limitation, faults or defects caused as a result of any person improperly using, cleaning, maintaining the Goods or repairing, modifying or adding to the Goods;
(e) Any damage to Goods after risk in the Goods passes to the Customer.
10.7 Nothing in the Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 where the Customer is a consumer (except to the extent permitted by the Act) and these terms and conditions are modified to the extent necessary to give effect to that intention. All representations, descriptions, warranties or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly included in these terms and conditions are hereby excluded.
10.8 The content on the Websites are provided for guidance only and are presented in good faith and believed to be correct as at the date on which it is prepared. Nothing contained in the Websites should be construed as a recommendation to use any particular Goods. To the full extent permissible by law Ezywiper disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, durability, fitness for a particular purpose, title, and non-infringement.
10.9 Ezywiper make no warranties or representations about the accuracy or completeness of the Websites, its content or the content of any Website “hypertext linked” to or from the Websites.
10.10 Ezywiper’s liability arising out of any claim in relation to these Terms shall not in any event exceed an amount equivalent to the price invoiced by Ezywiper for the faulty Goods or the Goods giving rise to the claim.
10.11 Without limiting any provision of Ezywiper’s Terms and Conditions, you agree that any and all liability and responsibility of Ezywiper (including our officers, employees, contractors, affiliates, agents, suppliers, service providers, licensors, or representatives) as a result of or arising from your use or any third party’s use of our Websites and our products and Services is excluded to the maximum extent permitted by law. Ezywiper (nor our officers, employees, contractors, affiliates, agents, suppliers, service providers, licensors, or representatives) is not liable for any loss or damage of any kind whatsoever suffered by you by reason of any breach of any of Ezywiper’s obligations under these Terms or otherwise or in tort (including negligence) or otherwise, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of any business or contract or failure to realise expected profits or savings, or for any consequential, special or indirect loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
11. Customer’s liability and indemnity
11.1 The Customer warrants that it has the full authority to order or request Ezywiper to deliver the Goods and the Customer shall be bound by all such orders and requests. Where the Customer has ordered or requested Goods, the Customer indemnifies Ezywiper against any claim by any third party following delivery of the Goods by Ezywiper.
11.2 The Customer agrees to protect, indemnify, defend and hold harmless Ezywiper absolutely from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including reasonable legal fees and service costs) arising out of or in any way connected with the Customer’s breach of the Terms.
12. Intellectual property and confidential information
12.1 Any sale and/or supply of the Goods shall not operate so as to transfer or vest in the Customer any trade mark, patent, copyright or other intellectual property right in the Goods whatsoever. All applicable intellectual property rights in respect of the Goods remain Ezywiper’s or the applicable licensor’s or manufacturer’s property and the Customer may not use, reverse engineer, interfere with or alter the intellectual property rights in any way.
12.2 Unless otherwise specified, Ezywiper is the owner of, or possess rights in respect of the copyright in, the content appearing on the Websites including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items.
12.3 The Customer is granted permission to electronically copy and to print hard copy portions of the Website for the sole purpose of using the Websites as a resource to acquire further information about the Goods. Any other use of the Content on the Websites (including reproduction for purposes other than that noted above, or any modification, distribution, or republication of any content on the Websites) without our prior written permission is strictly prohibited.
12.4 All rights not expressly granted herein are reserved. Any unauthorised use of the content appearing on the Websites may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
12.5 If the Customer has been provided with a login, username and password for the Websites, the Customer must keep the login, username and password confidential and must not disclose or distribute to any person or entity, unless Ezywiper has authorised in writing any disclosure of Confidential Information to any person or entity. The Customer indemnifies Ezywiper for any damages, losses, liabilities, costs or expenses Ezywiper sustains or incurs arising from the Customer’s unauthorised use or login, username and password. Ezywiper reserves the right to terminate the Customer’s login or account at any time.
13. Customer’s information and privacy
13.1 In purchasing Goods from Ezywiper, the Customer irrevocably authorises Ezywiper to collect, retain and use any information about the Customer for the purposes of marketing products and services to the Customer, assessing the Customer’s use of the Websites and/or undertaking market research and statistical analysis.
13.3 Where the Customer is an individual the Customer has the right to access any of the Customer’s personal information held and readily retrievable by Ezywiper and the right to request Ezywiper to correct any incorrect information about the Customer held by Ezywiper.
14. Force Majeure
14.1 Neither party shall be liable for any breach under the Terms in the event of force majeure which means any failure or delay in supply or delivery which is caused by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of Goods or raw materials, shortage of labour for performance of the Services, lack of skilled labour for performance of the Services, failure of any supplier to supply goods, delay in transit, import restrictions placed on Ezywiper, legislative governmental or other prohibition or restriction placed on Ezywiper, fire, flood, hostilities, pandemic, commotions or other causes whatsoever (whether similar to the foregoing or not) beyond the parties’ reasonable control.
15.1 The Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.
15.2 Except where otherwise agreed in writing, the Terms set out the entire agreement and understanding between the parties in relation to the subject matter of the Terms and merges all prior discussions between them and neither of the parties will be bound by any conditions, warranties or representations regarding the subject matter of the Terms other than as expressly provided in the Terms.
15.3 Notices in writing must be addressed to the other party and delivered by hand or by receipted delivery system.
15.4 Any waiver or failure to execute any rights by Ezywiper shall not be deemed to be a waiver of any further or other right of Ezywiper in respect of the Customer. No waiver is effective unless it is in writing.
15.5 No party may assign its rights or obligations under these Terms without the other party’s consent.
15.6 The headings to the clauses of these Terms are for ease of reference only and will not affect the interpretation or construction of these Terms.
15.7 Each and every covenant, obligation or restriction in the Terms and each part of them is deemed a severable and independent covenant, obligation and restriction. In the event of the invalidity of any covenant, obligation and restriction of the Terms such invalidity will not affect the enforceability of any other covenant, obligation and restriction of the Terms.