Terms and Conditions

  1. Interpretation
    1. "Company" means The Gateway Cyber Cafe Limited.
    2. "User" means the purchaser of Goods from the Company, and/or user of this website.
    3. "Goods" means all goods sold and/or delivered by the Company to the User.
    4. "Terms" means these terms and conditions of sale, and terms and conditions of using this website.
  2. Accepting the Company Terms
    1. These Terms apply to all contracts for the sale of Goods by the Company, and use of this website.
    2. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
    3. The User acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
    4. By using the Company website the User agrees to the Company Terms
  3. Security of Information
    1. The Company will do its best to protect the Users personal information, but no information sent over the internet is totally secure, any information the User provides is at the Users own risk.
  4. Prices
    1. All prices on the Company website are in NZD and include GST.
    2. Prices are determined at the time of order and, prior to payment, are subject to change without notice.
  5. Payment
    1. Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
    2. The balance of the invoice price must be paid in full before delivery.
  6. Delivery
    1. The Company shall not be liable to the User for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is is outside the Company's reasonable control.
    2. The User must, within 5 business days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
    3. If the User fails to collect the Goods or accept delivery within 14 days of being notified of their availability, the Company may terminate this contract, refund any deposits made, and resell the Goods
    4. The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the User must not refuse to take delivery of the Goods.
    5. Any failure on the part of the Company to deliver instalments within any specified time does not entitle the User to repudiate the contract with regard to the balance remaining undelivered.
    6. Unless the User has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition
  7. Title
    1. Legal and beneficial ownership of the Goods will not pass to the User until such time as the Goods have been paid in full in cash or cleared funds.
  8. Risk and Insurance
    1. The Goods are entirely at the risk of the User from the moment of delivery to the User’s point of delivery or on collection, even though title in the Goods has not passed to the User at that time.
    2. The User must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the User and until title in the Goods has passed to the User.
  9. Cancellations
    1. No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses.
  10. Warranty
    1. All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
    2. On discovery of any defect in the Goods, the User must immediately notify the Company in writing of such defect. The User must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
    3. The User expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods
  11. Disclaimer and Limitation of Liability
    1. The User accepts they use the Company's website at the User's own risk.
  12. Governing Law and Jurisdiction
    1. Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
    2. The Terms (and any contracts to which the Terms apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to the Terms (and any contracts to which the Terms apply).
  13. Consumer Protection
    1. These Terms do not affect the rights, entitlements and remedies conferred by the current New Zealand Consumer Guarantees Act, or current New Zealand Fair Trading Act.
  14. Website Access
    1. The website may be unavailable or terminated at any time, and this will not affect any discaimer or limitation of liability made by the Company.
  15. Intellectual Property Rights
    1. All Intellectual Property Rights (including, without limitation, all database rights, rights in designs, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes contained in or to this website belong to the Company or its licensed source. All rights of the Company in such Intellectual Property Rights are hereby reserved.
  16. Severability
    1. If any provision of the Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
  17. Changing the Terms
    1. The Company reserves the right to change the Terms from time to time by publishing the changed Terms on the Company's website. When revised Terms are published on this website, all orders submitted by the User after the revised Terms are published shall be subject to the revised Terms.