Website Terms and Conditions
IMPORTANT INFORMATION – retailers, wholesalers and other third parties have different barcode requirements and restrictions. You are solely responsible for confirming that the barcodes comply with any third party’s barcode acceptance requirements prior to placing an order with us. We do not guarantee that the barcodes will comply with any third parties barcode acceptance requirements. However, we have made a note of the various restrictions and requirements that we are aware of. Please click here to read this information.
Welcome to Barcodes Limited’s Website. Your access and use of the Website and/or the purchase of any Product(s) constitutes your acceptance of these Terms and Conditions without limitation or qualification.
We reserve the right to change the Terms and Conditions without notice and any such changes will be notified on the Website. Although most changes are likely to be minor, we encourage you to check this webpage regularly for any such changes. Your continued access and use of the website will be deemed acceptance of those changes.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means all Trade Marks, text, graphical and other visual content, as well as all audio content and other information contained in our Website;
“Barcodes Limited“, “we, “our” and “us” shall mean Barcodes Limited;
“Products” means those barcode products which we sell on the Website;
“Provider(s)” means any third-party provider(s) who supplies supply products and services to you through our Website;
“Terms and Conditions” means these terms and conditions;
“Trademarks” means all of our trademarks, whether registered or unregistered;
“Website” means this internet site operated by Barcodes Limited; and
“You” means you the user of this Website, whether an individual, a company, or any other form of entity.
2 USE OF OUR WEBSITE
2.1 The Website is operated by Barcodes Limited. By using the Website, you agree to these Terms and Conditions. If you disagree with any of these terms and conditions, you should not use the Website.
2.2 By using the Website you acknowledge that you have read, understood and accepted these Terms and Conditions and agree to be bound by them.
2.3 If you are under the age of 18, you must only use this Website with parental or caregiver consent, provided they are over the age of 18 and accept these terms and conditions on your behalf.
2.4 If you are using this Website on behalf of a company, association, partnership or another such entity (“Entity“) then you warrant that you are authorised to agree to these Terms and Conditions and make any purchases of Products on behalf of the Entity.
2.5 As a condition of use of the Website, you agree:
(a) Not to disrupt activity online;
(b) Not to use the Website for commercial gain or purposes, to make any fraudulent reservation or any reservation in anticipation of demand;
(c) To ensure that the Website is not used for any illegal activity or which may expose us to potential litigation including (but not limited to) copyright and trademark infringement; and/or
(d) Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, spiders, time bombs or bots) to, or interfere in any way with the normal operation of the Website.
3 ORDERS, PAYMENT AND PRICE
3.1 Payment for all Products must be made in full by credit/debit card or Paypal via our secure server. If you wish to pay by bank transfer you will need to email us for a pro forma invoice with our bank account details.
3.2 All payments for Products are payable in the currency stated on the website.
3.3 We may vary the prices posted on the Website for various Products at any time without notice to you, but changes will not affect any orders which we have confirmed by email.
3.4 Ownership of the Products will only pass to you when we receive full payment for the Products.
3.5 Orders are not binding on us until accepted by us. You are deemed to have made the offer for the contract when you place an order on our website and the contract will be binding once accepted by us. Should we not accept your order then all monies that you have paid will be refunded to you.
4 DELIVERY AND DEFECTS
4.1 The Products will be delivered to the email address which you have provided to us in the order. Delivery of the Products will be deemed to have occurred when the email is sent unless we receive a negative delivery status notification.
4.2 You are responsible for inspecting the Products on delivery.
4.3 The Products will be deemed to have been delivered free from any defects and accepted by you if you do not us advise us otherwise within seven (7) calendar days after the date of delivery. When you accept, or where you have been deemed to have accepted any Products then you may not raise any defect claim and we shall have no liability whatsoever to you in respect of those Products.
5 WRITTEN COMMUNICATIONS
5.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
5.2 Please refer to our Email Disclaimer regarding written communication supplied by email.
6.1 You may not cancel the order without our written consent. We may not consent to cancellation if we have processed the order.
7 PURCHASES OF SERVICES & PRODUCTS THROUGH THE WEBSITE
7.1 We act as agent for third party Provider(s) in respect of some products and services that you may purchase through our Website. We are therefore instrumental in bringing about a contract between you and the Provider(s), to which we are not a party. By purchasing any product and/or service from a third party Provider(s), you agree to enter into a contract direct with the Provider(s) and to be bound by any additional terms and conditions that it imposes.
7.2 As such, we will not liable for:
(a) any claims made by you against a Provider(s) for any non-performance or unsatisfactory performance in relation to any products or services that you have purchased through us from a Provider(s);
(b) any claims made by you against a Provider(s) for inaccurate material or information supplied by a Provider(s);
(c) any cessation of any products or services from a Provider(s); and/or
(d) any declaration of bankruptcy or similar event in respect of a Provider(s).
7.3 You must purchase the products and/or services with the third party Provider(s) in accordance with the instructions on the Website. This may include entering into the Provider(s)’ own terms and conditions.
8 LIMITATION OF LIABILITY
8.1 All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly included in these Terms and Conditions are hereby expressly excluded. You acknowledge that you have not relied on any representation or statement made by us other than the express provisions of these Terms and Conditions.
8.2 The content, material and information provided on the website are supplied upon the condition that you will make your own determination as to the suitability of the Products that you decide to purchase from us.
8.3 While we endeavour to keep the Website operational 24-hours a day 7-days a week, we cannot guarantee that no interruptions will occur or that it will be error-free. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the Website and the information in this Website.
8.4 Under no circumstances will we be liable to you or any third party claiming through you for any loss of profits, contract, indirect or consequential loss of any kind whatsoever, nor for any special, indirect, consequential or punitive damages. In any event, our total liability, whether in tort (including negligence), contract or otherwise for any loss, damage or injury arising from any defect in Products or services supplied by us or any other breach of our obligations shall in any case be limited to, and not exceed, the purchase price of the Products.
8.5 The Seller provides barcode numbers, labels, images and other items and services in good faith. The Buyer shall test these thoroughly before printing them on any product or using them in any situation. It is the Buyer’s responsibility to ensure that these items or services are correct and fit for purpose. The Seller accepts no responsibility for any incorrect items or services.
9 COPYRIGHT & USE OF MATERIALS
9.1 Unless otherwise specified, we are the owner or possess rights in respect of the copyright in all property rights in the Content and materials appearing on the Website, including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items. You are granted permission to electronically copy and to print hard copy portions of the Website for the sole purpose of purchasing Products from us. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission is strictly prohibited.
9.2 You may use the Content of the Website only for the purposes of reading and purchasing Products from us and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorised use of the Content appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
9.3 Material from the Website may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.
9.4 Modification, distribution, or use of the material contained in our Website for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by worldwide copyright laws and treaty provisions, even if it is not stated to be so protected and is provided for lawful purposes only.
9.5 You indemnify us and our officers and employees from any claim made by any third party against us, our officers or employees, due to or arising out of your use of the Website or your use of any Content and materials appearing on the Website.
10.1 We make no warranties or representations that the Products which you order from us will comply with any retailer, wholesaler and/or other third party’s barcoding requirements. You warrant that you are solely responsible for ensuring that the Products comply with any retailer, wholesaler and/or other party’s barcoding requirements and are suitable for your purpose(s). Under no circumstances will we be liable to you or any retailer, wholesaler and/or third-party claiming through you for any loss of profits, contract, indirect or consequential loss of any kind whatsoever, nor for any special, indirect, consequential or punitive damages arising or connected with non-acceptable or use of the Products.
10.2 We make no warranties or representations about the accuracy or completeness of this Website, its content or the content of any website “hypertext linked” to or from this Website. We reserve the right, but make no binding commitment, to update the information contained in the Website at any time, without notice.
10.3 We do not warrant that the Website, its servers or any email sent from us is free of viruses or other harmful components.
10.4 The obligations implied by the Consumer Guarantees Act 1993 are expressly excluded where the Customer is acquiring goods or services for the purpose of a business.
11 APPLICABLE LAWS
11.1 This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts.
11.2 The Website is controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the information, Products or Services on this Website are appropriate or available for purchase in other locations. We accept no liability whatsoever to you in respect of such matters.
11.3 If you choose to access the Website from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand.
12.1 If any dispute or difference shall arise between the parties out of, or connected with these Terms and Conditions, then the parties shall first attempt to settle that difference by negotiating in good faith.
13.1 No amendment to these Terms and Conditions shall be binding unless agreed in writing by us.
13.2 If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
13.3 The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
13.4 If the performance of our obligations under these Terms and Conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, act of war, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or Services, delay in performance, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond our reasonable control of) we shall be excused from such performance to the extent of such prevention.
13.5 We may terminate the Terms and Conditions and/or the provision of any of the Products and Services at any time for any reason, including any improper use of the Website or your failure to comply with the Terms and Conditions.
14.1 If you communicate with us by e-mail or complete online forms the information will be collected as ‘personal information’ (unless communicating on behalf of a company).
14.2 We use your personal information:
(b) to fulfil online purchases;
(c) to deal with your queries or customer service issues;
(d) to enhance your customer experience; and/or
(e) to assist us with managing and planning our business and marketing.
14.4 We will only disclose your personal information when we:
(a) have your consent to do so;
(b) need to share your information in order to provide the product or service you have requested; or
(c) are required by law to disclose the information.
14.5 We are committed to ensuring the security of your personal information and we will take all reasonable precautions to protect this information from loss, misuse or alteration. You may request access to personal information held by us about you and request a correction if there are any errors.