TERMS OF SALE

Last updated: September 2024

Wahl New Zealand (NZBN 9429039897305) (Wahl/ We/ we/ us/ Our/ our) is a supplier of a variety of goods, including but not limited to, clippers, trimmers, shavers, hair dryers, wet goods (e.g. shave cream, beard oil, hair tonic), barber/ stylist capes and accessories, animal shampoo/ wet goods, animal brushes, massage products, beauty products and related goods (Goods). Access to and use of the website located at [insert website link] (Website) and the services available through this Website (collectively Services) are subject to the following terms, conditions and notices (Terms of Sale). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms of Sale.

In return for payment of the price for the relevant Goods by the Customer (You) to Wahl, Wahl sells and You buy the Goods on the terms of these Terms of Sale.

1. You must order Goods from Wahl in writing.

2. Each order must specify:

   1. the date of the placement of the order;

   2. the quantity and description of the Goods ordered; and

   3. a preferred delivery date for the Goods, which is at least seven (7) days from the date of the placement of the order (Delivery Date). Wahl will advise You within seven (7) days whether it is possible to deliver the goods on the preferred delivery date and, if not, Wahl will agree a new delivery date with You.

Wahl may decline any order received from You by written notice to You within three (3) days of receipt of the order by Wahl. 

Wahl must use its best endeavours to deliver each order to the location specified in the order between the hours of 9 am to 5 pm on any day Monday to Friday (other than public holidays) and no later than the Delivery Date.

Wahl must ensure each order is safely and securely packed for transportation to You having regard to:

1. the fragility and perishability of the Goods;

2. the distance the Goods are likely to travel; and

3. the method of transportation used to transport the Goods.

(a)            Unless stated otherwise, the Price is exclusive of GST. You must pay the Price, plus the requisite GST, in relation to each order to Wahl within thirty (30) days of the receipt of the relevant order (Payment Due Date) by way of credit card payment, of which Wahl will not incur any surcharge.

(b)            You agree to pay interest on any outstanding amount not paid by Payment Due Date. Interest will be calculated based on Wahl’s financial institution Business Indicator Rate, published from time to time, plus 2%, which reflects a genuine loss that Wahl would suffer. Interest will accrue daily from the Payment Due Date until the outstanding amount is paid in full.

(c)            You agree to indemnify Wahl from and against all legal costs and disbursements incurred by Wahl in the event that Wahl engages a lawyer

or debt collector to collect an unpaid debt. 

(d)          If You dispute the whole or any portion of the amount claimed in an invoice delivered by Wahl, You agree that you must:

                                          i.        pay the portion of the amount stated in the invoice that is not in dispute in accordance with the terms of payment set out in these Terms of Sale; and 

                                         ii.        notify Wahl in writing within five (5) days of receipt of the invoice of the reasons for disputing the remainder of the invoice.

(e)             You agree that without prejudice to any other remedies, Wahl may have, if at any time You default on your payment obligations under this clause, Wahl may suspend or terminate the supply of Goods to You and any other obligations under these Terms of Sale. Wahl will not be liable to You for any loss or damage, howsoever caused that You suffer because Wahl has exercised its rights under this clause.

Title to Goods constituting an order free of encumbrances and all other adverse interests will pass to You upon delivery of the Goods constituting an order to You or Your nominated agent or courier, as the case may be.

Risk in each order passes to You upon delivery of that order to You or collection of that order by Your agent or courier as the case may be.

These Terms of Sale commences on the date of the placement of each separate order and ends when terminated in accordance with any express right of termination set out in these Terms of Sale.

1.  In the absence of any breach of these Terms of Sale, either party may terminate these Terms of Service by providing at least sixty (60) days’ written notice to the other party.

2.  These Terms of Service will automatically terminate if a party enters into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for the purpose of amalgamation or reconstruction).

3.  Either party may terminate these Terms of Service if:

   1.  the other party is in material breach of any of its obligations under these Terms of Service; and

   2. the breach is capable of remedy fails to remedy the breach for a period of thirty (30) days after receipt of a written notice by the other party requiring rectification of the breach.

4.  Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of these Terms of Service.

5.  The obligations of the parties that by their nature could reasonably construed as being intended to continue to apply beyond the termination of these Terms of Service will continue to apply.

These Terms of Service may, at the sole discretion of Wahl, be amended from time to time. If you disagree with any of the Terms of Service on the Website, you may refrain from using the Services or terminate the Services

These Terms of Service are subject to the law of New Zealand