Terms and Conditions

TrendLine & Co. Policies and Terms & Conditions

1. 1   Definitions and Interpretation
   1. 1.1   Definitions
      In these Terms and Conditions unless the context otherwise requires:
      • "Company", "we", "us", or "our" means the operator and owner of the Website.
      • "Customer", "you", or "your" means any person accessing, browsing, registering with, or purchasing from the Website.
      • "Website" means the e-commerce website operated by the Company, including all related mobile applications, services and platforms.
      • "Products" means all goods, products, accessories, digital products or services offered for sale by the Company.
      • "Order" means any purchase request submitted by the Customer through the Website.
      • "Business Day" means a day other than a Saturday, Sunday or public holiday in New Zealand.
      • "Force Majeure Event" means any event beyond reasonable control including but not limited to natural disasters, pandemics, strikes, war, cyber attacks, supply chain disruption, transportation failure or governmental actions.
   2. 1.2   Interpretation
      • Headings are for convenience only and do not affect interpretation.
      • Singular includes plural and vice versa.
      • References to legislation include amendments and replacements.
      • Any ambiguity shall not be interpreted against the Company.
2. 2   Acceptance of Terms

   By accessing the Website, registering an account, placing an Order, or using any services provided by the Company, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and all associated policies. If you do not agree, you must immediately cease using the Website.

3. 3   Eligibility

   You must:

   • be at least 18 years old or have parental/guardian consent;
   • provide accurate and complete information;
   • have legal capacity to enter binding contracts.

   We reserve the right to refuse service, terminate accounts, or cancel Orders at our sole discretion.

4. 4   Products and Availability
   1. 4.1   Product Descriptions
      We endeavour to ensure all descriptions, images, specifications and pricing are accurate. However:
      • colours may vary depending on screens;
      • packaging may change;
      • dimensions and specifications may contain minor tolerances;
      • information supplied by manufacturers may contain errors.
      We do not warrant that product descriptions are error-free.
   2. 4.2   Availability
      All Products are subject to availability. We reserve the right to:
      • limit quantities;
      • discontinue Products;
      • substitute equivalent Products;
      • cancel Orders due to stock shortages or pricing errors.
5. 5   Pricing and Payment Terms
   1. 5.1   Pricing
      All prices are displayed in New Zealand Dollars (NZD) unless otherwise stated. Prices may change without notice.
   2. 5.2   GST and Taxes
      Prices may include or exclude GST depending on Website display settings. Customers are responsible for:
      • customs duties;
      • import taxes;
      • international clearance charges;
      • local government levies.
   3. 5.3   Payment
      Payment must be received in full before dispatch unless otherwise agreed.
   4. 5.4   Fraud Prevention
      We reserve the right to:
      • verify payment information;
      • request identity verification;
      • refuse suspicious transactions;
      • cancel Orders suspected of fraud, abuse or unauthorised use.
6. 6   Order Acceptance and Cancellation

   An Order is not accepted until confirmation is issued by the Company. We may cancel or refuse Orders where:

   • Products are unavailable;
   • payment fails;
   • pricing errors occur;
   • suspected fraud exists;
   • shipping restrictions apply;
   • the Customer breaches these Terms.

   If payment has been received for a cancelled Order, we may provide a refund at our discretion.

7. 7   Shipping Policy
   1. 7.1   Delivery Timeframes
      Delivery estimates are approximate only and not guaranteed. Delays may occur due to:
      • courier issues;
      • customs processing;
      • weather;
      • peak periods;
      • Force Majeure Events.
   2. 7.2   Risk and Title
      Risk passes to the Customer upon delivery to the delivery address or collection point. Ownership remains with the Company until full payment is received.
   3. 7.3   Incorrect Address
      Customers are solely responsible for ensuring shipping details are accurate. Additional shipping fees may apply for re-delivery or returned parcels.
   4. 7.4   Lost or Delayed Parcels
      We are not liable for delays or losses caused by third-party carriers. Claims relating to shipping may require investigation before any remedy is considered.
   5. 7.5   Refused Deliveries
      If a parcel is refused or unclaimed, the following may be deducted from any refund:
      • return shipping costs;
      • customs charges;
      • administrative fees.
8. 8   Return and Exchange Policy
   1. 8.1
      We do not provide refunds, returns or exchanges for:
      • change of mind;
      • incorrect selection;
      • dislike of product;
      • ordering error;
      • finding a cheaper alternative;
      • failure to read product descriptions.
      Customers are responsible for ensuring suitability before purchase.
   2. 8.2   Faulty or Defective Products
      Where required under applicable law, remedies may be available for Products that are:
      • materially defective;
      • unsafe;
      • significantly not as described.
      We may require:
      • photographic evidence;
      • return inspection;
      • proof of purchase;
      • manufacturer assessment.
   3. 8.3   Return Conditions
      Returned Products must:
      • be unused where possible;
      • include original packaging;
      • include accessories/manuals;
      • not be damaged by misuse.
   4. 8.4   Excluded Products
      No returns or exchanges for:
      • clearance items;
      • personalised/customised Products;
      • hygiene products;
      • perishable goods;
      • opened consumables;
      • digital downloads;
      • gift cards;
      • final sale items.
   5. 8.5   Return Shipping
      Customers are responsible for return shipping costs unless otherwise required by law. We recommend tracked shipping as returned items remain the Customer's risk until received.
9. 9   Consumer Guarantees Act & Fair Trading Act

   Nothing in these Terms excludes rights that cannot legally be excluded under New Zealand law.

   Where Products are supplied for business purposes, and to the maximum extent permitted by law, the parties agree that the provisions of the Consumer Guarantees Act 1993 do not apply.

   Customers purchasing for business purposes acknowledge this exclusion.

   Under the Fair Trading Act 1986, Customers agree not to engage in misleading, abusive or fraudulent conduct.

10. 10   Privacy and Personal Information
    1. 10.1
       We collect, use and store personal information in accordance with the Privacy Act 2020. Information collected may include:
       • name;
       • address;
       • email;
       • phone number;
       • payment information;
       • IP address;
       • browsing behaviour;
       • purchase history.
    2. 10.2   Use of Information
       We may use personal information for:
       • processing Orders;
       • fraud prevention;
       • customer support;
       • analytics;
       • marketing;
       • legal compliance;
       • debt recovery.
    3. 10.3   Disclosure
       We may disclose information to:
       • payment processors;
       • logistics providers;
       • professional advisers;
       • government authorities;
       • debt collection agencies;
       • technology providers.
    4. 10.4   Marketing
       Customers may opt out of marketing communications at any time.
    5. 10.5   Data Security
       While reasonable security measures are used, we do not guarantee absolute security of electronic systems or transmissions.
11. 11   Intellectual Property

    All Website content including:

    • logos;
    • trademarks;
    • text;
    • graphics;
    • product images;
    • videos;
    • software;
    • designs

    remain the property of the Company or licensors. No content may be copied, reproduced or commercially exploited without written consent.

12. 12   User Accounts

    Customers are responsible for maintaining account confidentiality. We may suspend or terminate accounts for:

    • fraudulent activity;
    • abusive behaviour;
    • breach of Terms;
    • misuse of promotions;
    • suspicious transactions.
13. 13   Promotions and Discounts

    Promotions may be modified, suspended or withdrawn at any time without notice. Unless expressly stated:

    • promotions cannot be combined;
    • coupons have no cash value;
    • expired discounts are invalid.

    We reserve the right to cancel promotional Orders involving abuse or technical errors.

14. 14   Reviews and User Content

    By submitting reviews, comments or content, you grant the Company a perpetual, royalty-free, worldwide licence to use, reproduce and publish such content. We may remove content at our discretion. Customers must not post unlawful, defamatory, misleading or offensive material.

15. 15   Aftercare Obligations

    Unless expressly stated in writing:

    • the Company provides no ongoing maintenance;
    • no technical support is guaranteed;
    • no installation services are included;
    • no compatibility guarantee is provided.

    Manufacturer warranties may apply independently. Customers are responsible for proper use, maintenance and compliance with manufacturer instructions.

16. 16   No Guarantee

    To the maximum extent permitted by law:

    • all Products and services are provided "as is" and "as available";
    • we make no guarantees regarding uninterrupted availability;
    • we do not guarantee compatibility, suitability or fitness for a particular purpose unless expressly stated.

    We do not warrant that the Website will be error-free, secure or virus-free.

17. 17   Limitation of Liability

    To the maximum extent permitted by law:

    • indirect losses are excluded;
    • consequential damages are excluded;
    • loss of profits, revenue, goodwill or opportunity is excluded;
    • liability is limited to the purchase price paid for the relevant Product.

    We are not liable for:

    • third-party actions;
    • courier failures;
    • supplier defects;
    • internet outages;
    • data breaches beyond reasonable control;
    • misuse of Products;
    • unauthorised account access.

    Customers use Products at their own risk.

18. 18   Indemnity

    Customers indemnify and hold harmless the Company from all claims, liabilities, damages, losses and expenses arising from:

    • breach of these Terms;
    • misuse of Products;
    • unlawful conduct;
    • infringement of third-party rights.
19. 19   Force Majeure

    We are not liable for failure or delay caused by Force Majeure Events including but not limited to:

    • natural disasters;
    • pandemics;
    • strikes;
    • cyber incidents;
    • war;
    • supplier shortages;
    • transport disruptions;
    • governmental restrictions.

    Obligations affected by Force Majeure are suspended for the duration of the event.

20. 20   Website Availability

    We do not guarantee uninterrupted access to the Website. We may modify features, suspend services, conduct maintenance, or terminate parts of the Website without liability.

21. 21   Third-Party Services and Links

    The Website may contain links to third-party websites or services. We are not responsible for:

    • external content;
    • third-party policies;
    • third-party conduct;
    • third-party payment providers.

    Use of third-party services is at the Customer's own risk.

22. 22   Amendments of Policy

    We may amend these Terms and associated policies at any time without prior notice. Updated Terms become effective immediately upon publication on the Website. Continued use of the Website constitutes acceptance of amendments.

23. 23   Dispute Resolution
    1. 23.1   If any dispute or complaint arises in connection with the Services, Products, or these Terms, the Customers and the Company agree to first attempt to resolve the matter in good faith by discussion.
    2. 23.2   The Customer must notify the Company of any dispute or complaint in writing and provide reasonable details of the issue. The Company will make reasonable efforts to respond within a reasonable timeframe.
    3. 23.3   If the dispute cannot be resolved by discussion, either party may refer the matter to the New Zealand Disputes Tribunal or any other court or forum having jurisdiction.
    4. 23.4   Nothing in this clause limits or excludes any rights the Client may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
24. 24   Governing Law and Jurisdiction

    These Terms are governed by the laws of New Zealand. Any disputes shall be subject to the exclusive jurisdiction of the courts of New Zealand.

25. 25   Severability

    If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

26. 26   Waiver

    Failure to enforce any right does not constitute waiver of that right.

27. 27   Acknowledgement

    By using the Website and placing Orders, Customers acknowledge that they:

    • have read these Terms;
    • understand these Terms;
    • agree to be legally bound by these Terms;
    • accept all associated policies.
28. 28   Contact Information

    For all enquiries, complaints or notices:

    Business Name: B C E Trading Limited
    Email: trendlinenz@gmail.com
    Phone: 022 601 7766
    Address: Unit 21, 15 Earthmover Crescent, Burbush, Hamilton 3200
    Website: https://trendline.co.nz/