Terms and conditions
Last updated: June 2020
In these terms and conditions (“Terms and Conditions”), “Road to Georgia” “we”, “our” or “us” means Road to Georgia Limited and any reference to “you” or “your” refers to you. In these Terms and Conditions, the words “including” and “include”, and the use of examples, are to be construed without limitation.
When you access, view, browse, create an online account, use features or tools, post on, comment on, upload to, provide information to, order products, purchase products or otherwise use (“Use” or “Using”) http://www.roadtogeorgia.co.nz ("Site”) you agree to be bound by these Terms and Conditions and any policies that we refer to in these Terms and Conditions, including the following:
- Shipping Policy
- Returns Policy
You can review the most current version of the Terms and Conditions at any time on the Site. We may amend these Terms and Conditions from time to time by posting the revised version on the Site or sending you an email before the effective date of any amendment. If you continue to Use the Site following the date of posting the revised version on the Site or following the effective date of an amendment notified by email, then you will be deemed to have accepted the amendment. If you do not accept any amendment to these Terms and Conditions you must stop Using the Site and all its functions. Any new features or tools which are added to the current Site shall also be subject to these Terms and Conditions.
Terms of sale
Checkout and orders
When you complete the checkout process on the Site, you are submitting an order for products and this constitutes an offer to purchase the products. We may not accept your offer for any reason. Your offer is accepted by us when you receive an email from us confirming that your order is successful and has been accepted. Once we have confirmed that your order has been accepted, it cannot be amended or cancelled unless agreed by us in writing. Any offer for a product made on the Site is void where prohibited.
We reserve the right to limit:
- the sales of our products to any person, geographic region or jurisdiction (we may exercise this right on a case-by-case basis);
- the quantities of any products that we offer; and
- or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Online account / profile
To complete your order you may need to create an account with us. Only one account is permitted per person. When you create an account, you must provide us with true and correct information. You must update us of any changes to your information.
You must keep your password confidential and secure and you agree to accept responsibility for all activities that occur under your account. We will not be responsible for any loss, damage or cost that arises out of your failure to maintain the confidentiality of your account and password.
You understand that your content may be transferred unencrypted and involve transmission over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Product descriptions and availability
We do our best to display accurate information on the Site, however the information on the Site may not always be up to date, accurate or complete, including (for example purposes only) product descriptions, photographs, images, transit information, availability or pricing information. Please see our Returns Policy for information about returns conditions.
Colours on your screen may be different to the actual product. We do not guarantee that your screen display of any colour will be accurate. Measurements on the Site are approximate only.
We may change or discontinue products at any time without any prior notice. If you have placed an order for a product that is no longer available or becomes unavailable, we will work with you to either provide a refund, credit, or substitute a similar product and apply any price differences to your order.
All prices on the Site and in any polices are in New Zealand dollars and are inclusive of goods and services tax (“GST”). You may also be charged a shipping fee in accordance with our Shipping Policy.
We may change the prices on the Site at any time and without any prior notice, however if you submit an order for a product before any price change, then the purchase price for the product will be the price that was shown on the Site at the time you submitted your order.
We accept payment on the Site via VISA, MasterCard, American Express, PayPal, Shop Pay, Apple Pay and Google Pay. When you pay by bank card, the payment will be processed by a third party on behalf of Road to Georgia.
Please see our Shipping Policy for information about our shipping conditions. The shipping costs for your order are listed on the Site during the checkout process. Risk and title in the products that you have purchased will pass to you when our shipping agent who is responsible for delivering the products considers they have delivered the products to you.
Please see our Returns Policy for information about our returns conditions.
Use of the Site
You must not:
- reproduce, adapt, copy, distribute or incorporate in any other work, in whole or in part, any information, content or material from the Site, including any trade mark appearing on the Site, without the written permission of Road to Georgia;
- use the Site for any unlawful or unauthorised activity (including soliciting others to participate or perform any unlawful or unauthorised activity), or for any activity that would cause us to breach any law (including any intellectual property and/or proprietary rights and any local, federal, provincial, state, national or international laws and regulations);
- use the Site in any way that may bring us into disrepute, or for any activity that is inappropriate, including any use that is obscene, discriminatory, defamatory, threatening, offensive, abusive, objectionable or otherwise controversial;
- create a link to the Site (or any part of the Site) from any other website, without the prior written consent of Road to Georgia;
- submit false or misleading information on the Site;
- upload or transmit any spyware, malware, viruses, worms, trojan horses, code or other items of a destructive or malicious nature;
- use the Site to spam, phish, pharm, pretext, spider, crawl or scrape;
- use the Site to collect or track the personal information of others; or
- interfere with or circumvent the security features of the Site or any related website.
By Using the Site, you represent that you are at least the legal age in your country, state, region or province of residence to Use the Site, or if you are under the legal age in your country, state, region or province of residence to Use the Site, that you are Using the Site under the supervision and consent of a parent.
The copyright, trademark or other intellectual property or proprietary rights in the information, material and content (including rights in text, photographs, images, graphics, arrangement and design) that is displayed or available on the Site, belongs to Road to Georgia or its suppliers. Nothing in these Terms and Conditions constitutes a transfer or licence of any intellectual property or proprietary rights.
Road to Georgia may change the information, content or material that is displayed or available on the Site at any time without any notice. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Road to Georgia does not accept any responsibility or liability for any information, content or material that appears on the Site that is made in an unauthorised manner or that is posted or uploaded to the Site by you or another user of the Site. We may, in our sole discretion, remove any information, content or material posted or uploaded to the Site, including any information, content or material that may bring us into disrepute, may breach any persons intellectual property or proprietary rights, are inappropriate, obscene, defamatory, threatening, offensive, abusive, objectionable or otherwise controversial.
If you post or upload to the Site or otherwise send us specific submissions (for example competition entries, creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”)), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such comments. You agree we shall be under no obligation to maintain any comments in confidence, pay any form of compensation for any comments or respond to any comments.
Any information provided on the Site is not intended to act as an instruction manual. You are responsible for reading and complying with any instructions (including any safety instructions and manuals) that may accompany the products. Road to Georgia does not accept any responsibility or liability for any information provided by the manufacturer of a product. The Site may contain certain historical information.
Other website links and tools
This Site may contain links or references to third party websites, features or tools which we neither monitor nor have any control over or input into. Road to Georgia does not endorse and is not responsible or liable in any way for any information, products, services, content or material that is available on such third party website, feature or tool. Any use by you of third party websites, features or tools offered through the Site is entirely at your own risk and discretion. Complaints, claims, concerns or questions regarding third-party websites, features and/or tools should be directed to the relevant third party.
You agree to indemnify, defend and hold harmless Road To Georgia and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any and all third party claims, demands, liability, damages and/or costs (including reasonable lawyers’ fees) arising out of or in connection with your Use of the Site or your breach of these Terms and Conditions (including the documents they incorporate by reference) or your breach of any law or the rights of a third party.
You Use the Site at your own risk. To the fullest extent permitted by law, Road to Georgia will not be responsible or liable:
- for any loss, damage or cost incurred or suffered by you or any other person arising out of or in connection with your access to or Use of the Site (including any linked or referenced third party website, feature or tool);
- for any loss, damage or cost caused by spyware, malware, viruses, worms, trojan horses, code or other items of a destructive nature that may be transmitted to your computer by Use of the Site, its servers, or email sent from Road to Georgia; or
- for any loss, damage or cost arising from any errors in the information contained in the Site.
We use Shopify to power the Site. Shopify provides us with the online e-commerce platform that allows us to sell products to you. Shopify is responsible for the security of the online e-commerce platform. You can read about how Shopify keeps you information secure here: https://www.shopify.com/security and https://www.shopify.com/legal/privacy. You agree that the Site:
- will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes); and
- Road to Georgia may, at any time and for any reason, make the Site, or any part of the Site unavailable to you or any other person.
To the fullest extent permitted by law, Road to Georgia makes no warranties, representations or guarantees of any kind, whether express or implied, as to the operation, accuracy or security of the Site. Road to Georgia is not responsible for the theft, destruction or inadvertent disclosure of your information where security measures have been breached.
If you are a “consumer” for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, nothing in these Terms and Conditions is intended to limit any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
If you “in trade” and are acquiring goods or services from us for a business purpose, you agree that the guarantees provided in the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted by law.
Limitation of liability
You agree that, to the fullest extent permitted by law:
- our total liability to you, in all circumstances, is limited to the amount actually paid by you for the purchase of the product;
- all warranties, representations and guarantees (whether express or implied) are excluded; and
- we shall not be liable for any injury, illness, death, disability, harm, claim, loss, damage, costs, expenses or for any direct, indirect, special, punitive, aggravated, incidental or consequential loss or damages including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data or any other similar loss or damages, whether based in contract, tort (including negligence), strict liability or otherwise, that arises from, or in connection with, your Use of the Site or use of a product.
If any provision contained in these Terms and Conditions is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms and Conditions will remain in full force and effect and will not be impaired in any way.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Notices and electronic communications
We have no liability to you for any lack of performance, unavailability or failure of the Site, to supply you any product, or failure to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of Road to Georgia.
Termination or suspension
We may at any time and without notice:
- change the format and content of the Site;
- stop providing, suspend or restrict your access to the Site if you fail, or we suspect you have failed, to comply with any obligation you have to us (whether under these Terms and conditions or otherwise); or
- stop providing or suspend the operation of the Site (in whole or in part).
No such action will affect any of our rights or your responsibilities under these Terms and Conditions or otherwise, including under any policies.
By Using the Site, you agree that the laws of New Zealand will govern these Terms and Conditions (including our policies). If a dispute relating to these Terms and Conditions (including any policies), the Site, any products, purchases or orders arises between you and Road to Georgia, the New Zealand courts will have exclusive jurisdiction over such dispute.
For any queries you have about these Terms and Conditions (including any policies), the Site, products or orders, please contact the team at email@example.com.