iCandy Stockist Terms & Conditions 

DEFINITIONS

“iCandy” shall mean I Candy Design Limited, and any agents or employees. "Customer" shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from iCandy. "Products" shall mean all goods and services provided by iCandy to the Customer and shall include without limitation the manufacture and supply of greeting cards, gifts and books or any charge associated with the supply of Products by iCandy to the Customer. “Price" shall mean the cost of the Products as agreed between iCandy and the Customer.

 ACCEPTANCE

Any instructions received by iCandy from the Customer for the supply of Products shall constitute a binding contract and acceptance of the Business Terms and Conditions contained herein.

COLLECTION AND USE OF INFORMATION

The Customer authorises iCandy to collect, retain and use any Information about the Customer, for the purpose of assessing the Customer's credit worthiness, enforcing any rights under this contract, or marketing any Products provided by iCandy to any other party. Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

PRICE

Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD). All prices and delivery charges for business use within New Zealand are stated exclusive of New Zealand Goods and Services Tax at the rate of 15%. Where no price is stated in writing or agreed to verbally the Products shall be deemed to be sold at the current amount as such Products are sold by iCandy at the time of the contract.The Price of Products may be changed by any reasonable amount by providing the Customer with 30 days written notice.

PAYMENT

Payment for Products ordered shall be made at the time of ordering, or for Customers with credit approval, by the 20th day of the month following the date of the invoice. Products will be shipped once payment is received, or immediately for Customers with approved credit. Payment can be made by Visa or Mastercard online at the time of purchase and/or by Internet Banking following email receipt of the iCandy invoice. Interest may be charged on amounts owing after the due date at the rate of 4% per month or part month. The late payment fee may be credited in cases where delayed payment was outside the Customer’s control. Any expenses, disbursements and legal costs incurred by iCandy In the enforcement of this contract shall be paid by the Customer, including any reasonable solicitor's or debt collection agency fees.

DISPLAY STANDS

iCandy may supply the Customer with countertop, wall mounted or spinner display stands. These stands are provided to assist with the merchandising and sale of iCandy Products, and should be well located and maintained, fully stocked and used exclusively for iCandy products. iCandy stands are provided at no cost to the Customer, with the exception of freight which may be charged depending on Customer location. The stands provided remain the property of iCandy and may be recalled should the Customer not purchase a reasonable amount of iCandy Product consistent with the type of stand within a 12 month period.

CONSIGNMENT STOCK

iCandy at its sole discretion may supply Customers with stock on consignment, whereby stock is supplied to the Customer and only paid for once sold. This is achieved by supplying a set amount of stock, usually 384 greeting cards to stock a spinner stand, regularly restocking the stand to the initial consignment level, and invoicing the Customer for the replenished Products. The supply of consignment stock requires Sales Manager approval, and is reserved for selected Customers and generally to assist with sales growth goals. Consignment Customers are subject to a separate iCandy Consignment Agreement which includes regular performance reviews and minimum Product purchase requirements.

SHIPPING

iCandy ships locally within New Zealand and internationally to Australia. Shipping to other international destinations may be arranged by contacting office@icandy.co.nz. iCandy aims to process orders in 1 to 2 business days, excluding public holidays, and ship via courier using GoSweetSpot. Please note that we do not ship on Saturday, Sunday or public holidays. Deliveries within New Zealand will usually take 3-4 business days, International deliveries may take up to 10 business days. iCandy reserves the right to dispatch the Customer's order in one delivery or by instalments. Failure to deliver any installment shall not entitle the Customer to dispute payment for instalments already delivered. The Customer is responsible for checking the Product listed on the invoice against the Product supplied. Any discrepancies, damage or faults should be reported to iCandy within 20 days so the appropriate action can be taken. For Customers that have stores managed by an iCandy agent, stock may also be delivered and returned directly to the Agent and an invoice or credit note will be emailed to the store for your records. Orders shipped internationally do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to Customers order. The Customer shall be liable to pay any required import fees, duties, taxes, and other imposts or charges. New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost.

CANCELLATION POLICY

 Where products are listed on the iCandy's website with an incorrect price or information, iCandy reserves the right to cancel the Customers order. Where the Customer has already made payment for an order that is subsequently cancelled by iCandy, iCandy will refund the amount paid by the Customer in relation to that order. iCandy may cancel the Customer's order any time prior to our order confirmation. Where iCandy accepts Customer cancellation they may levy a handling charge of up to 15% of the value of the order.

RETURN, REFUND AND REPLACEMENT POLICY

Goods supplied in accordance with the Customers order can only be returned with the approval of iCandy. Unless by prior agreement iCandy does not provide refunds for returned Products, however we will provide a credit against the Customer account for the purchase of replacement Products.Goods Faulty or Damaged in transit, once collected and returned by courier, will be replaced at no charge.Goods authorised for return may be sent to; iCandy Design Limited, 195 Ponsonby Road, Ponsonby Auckland, New Zealand 1011.

RISK

 The Products remain at iCandy risk until delivery to the Customer. Delivery of Products shall be deemed complete when iCandy gives possession of the Products directly to the Customer or possession of the Products Is given to a carrier or courier for purposes of transmission to the Customer.

LIABILITY

The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon iCandy 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 iCandy , iCandy ' liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. Except as otherwise provided iCandy shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Products by iCandy to the Customer inducting consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and Irrespective of whether such loss or damage arises directly or Indirectly from Products provided by iCandy to the Customer, and The Customer shall indemnify iCandy against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of iCandy or otherwise, brought by any person in connection with any matter, act, omission, or error by iCandy its agents or employees in connection with the Products.

COPYRIGHT AND INTELLECTUAL PROPERTY

iCandy, owns and has copyright in all designs, products, work, documents, specifications and software produced by iCandy In connection with the Products provided pursuant to this contract and the Customer may use the Products only for the purpose for which they were intended and supplied by iCandy . TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999) Title in any Products supplied by iCandy passes to the Customer only when the Customer has made payment in full for all Products provided by iCandy and of all other sums due to iCandy by the Customer. Until sums due to iCandy by the Customer have been paid, iCandy has a security interest in the Products.

TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)

Title in any Products supplied by iCandy passes to the Customer only when the Customer has made payment in full for all Products provided by iCandy and of all other sums due to iCandy by the Customer. Until sums due to iCandy by the Customer have been paid, iCandy has a security interest in the Products.

CONSUMER GUARANTEES ACT

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products from iCandy for the purposes of a business in terms of section 2 and 43 of that Act 

FORCE MAJEURE

iCandy shall not be liable to the Customer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside iCandy's reasonable control. 

DISPUTES AND GOVERNING LAW

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996. These Terms & Conditions (and any contracts to which these Terms & Conditions apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms & Conditions (and any contracts to which these Terms & Conditions apply). 

MISCELLANEOUS

Failure by iCandy to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations iCandy has under this contract. If any provision of this contract shall be Invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.