Thank you for visiting www.sierracoffee.co.nz ('the Site'). To ensure that you fully understand your access to and use of the Site, please carefully read these terms and conditions.
By browsing or otherwise using any part of the Site or by placing any order on the Site, you accept and agree to be bound by these terms and conditions without limitation or qualification.
We may revise these terms and conditions from time to time by updating this posting. We therefore strongly advise you to carefully read through these terms and conditions whenever you browse or otherwise use the Site or submit any information to us.
All information and content available on the Site, including but not limited to logos, text, buttons icons, graphics, data compilation, images, and audio clips (collectively the "Site Content") is our property and protected by law, including laws governing copyright and other intellectual property rights.
Unless otherwise expressly authorised by law, you may not use, transfer or copy any of the Site Content for public or commercial use without our permission. You may only print, download extracts or use any pages of the Site Content for your personal use. You acknowledge our status as the owner of the Site Content.
Any user that registers with the Site must be 18 years old or over.
Please note that each registration is personal to that user only. We do not allow any user to share their user name and password with any other person nor do we allow multiple users on the Site with one registration. To the maximum extent permitted by law, we exclude all liability for any loss, cost or expense you incur arising directly or indirectly from you sharing your user name or password with any other person.
Please do not hesitate to contact us if you find or suspect that someone has obtained your password. We will then, at our reasonable discretion, place on hold or cancel your registration.
Pricing and payment
We reserve the right to update prices from time to time without prior notice, but orders which have been placed before any price change will be governed by the price prior to adjustment.
Payment for the Goods shall be made in full immediately on acceptance of an order on the Site by us ("the due date").
Interest may be charged on any amount owing after the due date at the rate of 3% per month or part month.
Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in these terms and conditions shall be paid by you, including any reasonable solicitor’s fees or debt collection agency fees.
Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
Ownership and risk
Ownership of, and/or title in, any Goods shall remain with us until you have paid us the full purchase price of such Goods and all of your other outstanding indebtedness to us on any account whatsoever.
The Goods remain at our risk until delivery to you, but thereafter shall pass to you.
Delivery of the Goods shall be deemed complete when we give possession of the Goods to you, or possession of the Goods is given to a common carrier, or other bailee for the purposes of transmission to you.
The time agreed for delivery shall not be an essential term of this contract unless we agree otherwise in writing.
Personal Property Securities Act
Until such time as the price of the Goods has been paid in full, you grant us a purchase money security interest in the Goods as defined in the PPSA.
If you dispose of any of the Goods before payment is made in full, you shall hold the proceeds of sale in trust for us.
The costs of registering a financing statement or a financing change statement shall be paid by you and may, where applicable, be debited against your credit account with us.
You waive your right to receive a copy of the verification statement confirming registration of a financing statement, or a financing change statement relating to the security interest under these terms and conditions.
You shall not agree to allow any person to register a financing statement over any of the Goods supplied by us without our prior written consent and will immediately notify us if you become aware of any person taking steps to register a financing statement in relation to such Goods.
You shall not change your name without giving prior written notice to us of the new name.
You agree that nothing in sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA will apply to these terms and conditions or any security interest granted under these terms and conditions.
Accuracy of information
We will use our reasonable endeavours to provide accurate information regarding the Goods, prices, images and colours on the Site. However, to the extent permitted by applicable laws, we do not warrant that the descriptions, text, colours, contents or other images on the Site are comprehensive, error-free and completely accurate.
Availability of the Site
We will use reasonable endeavours to ensure that the Site remains available to you during our normal hours of operation. Notwithstanding the foregoing, to the maximum extent permitted by law we accept no responsibility whatsoever for any loss arising due to unavailability of the Site.
Warranties and disclaimers
The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us 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 us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or the price paid for the Goods.
All Goods and information on the Site are presented "as is" and "as available" without warranty of any kind whatsoever. The information, contents, products descriptions, colours, services and other data on the Site may not be in the most updated version or may include omissions or errors.
You agree that, to the fullest extent permitted by law, we shall not be responsible or liable, whether in contract, tort, negligence or otherwise, for any loss or damage of any kind whatsoever, including, without limitation, interruption of business, access delays or data non-delivery, mis-delivery or destruction incurred by you in your use of the Site.
To the maximum extent permitted by law, we shall not be in any way liable for any direct, indirect, incidental, special or consequential damages incurred by you or any third party arising from any access to, reliance on or use of the Site.
We reserve the right in our sole discretion to make changes to any part of the Site or the services available at any time with or without prior notice.
You indemnify us and our officers, directors, agents, advisers and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis that we or any of our officers, directors, agents, advisers or employees incurs of suffers as a direct or indirect result of any breach by you of these terms and conditions and your use of the Site.
Consumer Guarantees Act
The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire Goods from us for the purposes of a business in terms of section 2 and 43 of that Act.
We shall, without any liability, and without any prejudice to any other right we have in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of Goods to you if:
- you fail to pay any money owing after the due date;
- liquidation or bankruptcy proceedings are commenced in relation to you; or
- you shall otherwise become bankrupt or insolvent or you are placed into liquidation, voluntary administration or receivership;
- any other event occurs which evidences a lack of credit worthiness or solvency on your part.
Any cancellation or suspension of these terms and conditions shall not affect our claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or your obligations to us under this contract.
"We", "us" and "our" shall mean Sierra Franchise Systems Limited and any of our agents or employees.
"You" and "your" shall mean the person or entity browsing the Site or acquiring Goods from us, including any person acting on your behalf or with your authority.
"Goods" shall mean all goods supplied by us to you.
"PPSA" refers to the Personal Property Securities Act 1999.
"Financing statement", "financing change statement", "security interest", "purchase money security interest" and all related terms have the meanings given them by the PPSA.
All prices on the Site are quoted in New Zealand dollars and include goods and services tax.
It is understood that these terms and conditions constitute the sole understanding with respect to the subject matter contained in this agreement and supersedes all prior understandings, written or oral. No modification, alteration or waiver of these terms and conditions shall be binding unless the same shall be in writing.
These terms and conditions shall be governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the Courts of New Zealand.
The invalidity of any part or provision of these terms and conditions is not to affect the enforceability of any other part or provision of these terms and conditions.