Terms & Conditions
Purpose of the Site
The purpose of the Site is to provide you with information about Anthony Preston and the products we sell. In addition, you may be able to purchase products and services through the Site.
Product and Service Availability
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. Anthony Preston Limited controls and operates the Site from its headquarters in Howick, Auckland, New Zealand. We in no way imply that the materials on our Site are appropriate or available for use outside of New Zealand and we may not be able to fill your order if you require shipping outside of New Zealand.
Inventory information is generally available on the Site for products. This information can be used to estimate the likelihood that merchandise will be shipped immediately after you place your order. However, we cannot guarantee that a product listed as "In stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is marked "In stock" in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by e-mail that your order will not be filled and your credit card will not be charged.
Anthony Preston will make every effort to get the item(s) back in stock as soon as possible. If for any reason we determine that a backordered item is no longer available, we will cancel the item from your order and notify you via email. We will not charge your credit card until the item ships. Therefore, your credit card needs no adjustment upon order cancellation.
Order Cancellation Policy
You may cancel an entire order or an individual item from an order that has not yet been shipped by contacting us via our 'Contact Us' page. You will be notified via email when your account has been credited (usually within 48 hours of receiving your cancellation email). Please note that most orders are packed and shipped within 10 days of receipt of payment and orders cannot be cancelled once they have been shipped. However you may return the items. Refer to our Returns Policy (below).
We guarantee your satisfaction with all products supplied by Anthony Preston. You may return any of our products, with your receipt, for a merchandise exchange, credit, or a full refund of the purchase price (minus shipping and handling charges). If you receive a damaged or defective item, we will promptly send you a replacement or issue you a full refund after you have returned the damaged or defective product. You will not be charged any additional shipping or handling fees for replacement of such damaged or defective shipments.
PRICES AND AVAILABIliTY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Site does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.
We are unable to accept orders for P.O. Box addresses. We are not responsible for errors due to printing.
You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.
We are required by law to charge applicable sales tax on products shipped to those jurisdictions that charge such a tax and in which we operate. Currently, we sell in New Zealand only.
Ownership of Materials on the Site
Anthony Preston Limited, is, unless otherwise stated, the owner of all copyright, trademark, patent, database and other proprietary rights in the Site and its contents. Without limitation of the foregoing, we own a copyright in the Site as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in the Site. You may not publish, distribute, extract, re-utilize, or reproduce any part of the Site in any material form (including photocopying or storing it in any medium by electronic means) other than ias permitted by New Zealand Copyright law.
You may not without the prior written permission of Anthony Preston use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.
User Comments, Feedback and Other Submissions
We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain property of Anthony Preston Limited and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted information and materials have been waived.
Registration and Security
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
Modification of the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason at all.
We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
Disclaimer of Warranties and Liability
THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Anthony Preston DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SITE OR ANY PRODUCT SOLD THROUGH THE SITE, OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
Amendment of the Terms
The Site is operated by Anthony Preston Limited.
All formal notices to us shall be sent to Anthony Preston, P.O. Box 38-106, Howick, Auckland 2145, New Zealand. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived.