Terms of service
TERMS OF SERVICE FOR USE OF THE VANLIFER WEBSITE
This website is operated by Vanlifer Limited. Throughout the site, the terms “we”, “us” and “our' ' refer to Vanlifer Limited. Vanlifer offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vanlifer, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vanlifer and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
TERMS AND CONDITIONS RELATING TO A SALE AND PURCHASE AGREEMENT WITH VANLIFER FOR PRODUCTS AND SERVICES
- TERMS OF SALE
1.1. The “Company” is VANLIFER LIMITED. The Company only contracts to sell and supply goods and services on these terms and conditions. By placing or confirming an order with the Company, You, the “customer and/or purchaser”, are accepting these terms and conditions. Anything to the contrary recorded in the Your enquiries; orders, confirmations, emails, or telephone conversations do not apply.
1.2 These Terms and Conditions are subject to change without notice.
- PRICE AND PAYMENT
2.1. You must pay the price indicated on the invoice, order form, or other document or statement issued by the Company. Freight, packaging and other incidental costs will be charged to Your account and will be shown on our invoice
2.2. All prices are subject to adjustment for any increases in costs incurred by the Company that may occur between the date an estimate is given and the products and services are delivered.
2.3. The Company may charge interest on any monies which are overdue commencing on the due date until the date of actual payment. The interest rate will be the then current overdraft interest rate charged by the Company's bank plus 2.5% per month.
2.4. You agree to pay on demand all costs (including commission and legal fees) incurred by the Company or the Company's agents relating to the recovery of any amounts payable by You to the Company.
2.5. All payments by You must be made in full and without any deduction or right of set off or counterclaim. You agree, however, that all monies which the Company may owe You on any account whatsoever may, at the Company's option, be set off against payments due from You to the Company.
2.6. All prices are shown exclusive of Goods & Services Tax unless stated otherwise. Goods and Services Tax will be added to the invoice where applicable and is payable by You.
3.1. Delivery of goods is deemed to be made:
- when You or Your agent take possession of the goods at the Company's premises; or
- when the goods arrive at the address given by You at the time You placed Your order. If You wish to change the delivery address subsequent to placing Your order it is your responsibility to inform us and to pay any additional freight costs or courier charges incurred by the Company as a result of the change.. .
3.2. Upon delivery the goods become Your sole risk. The Company accepts no responsibility for any loss, damage, or theft of the goods once they have been delivered including damage incurred from incorrect handling or installation.
3.3. The Company has sole right to choose the carrier or courier for delivery of the goods to the address You have given. The Company may choose to deliver by instalments and may treat each delivery as a separate contract. Should the Company fail to deliver or make defective delivery of one or more instalments, this will not entitle You to repudiate the main contract.
3.4. If the Company believes You may not make a payment when due, the Company may suspend or cancel a delivery until payment has been received..
3.5. Any delivery date agreed to by the Company is approximate only, and no delay in delivery will entitle You to cancel Your order for the goods.
- RETENTION OF TITLE
4.1, Property (both legal and equitable) in all goods delivered by the Company to You does not pass (and You are a bailer only in respect of those goods) until payment in full is made for all goods supplied by the Company to You. Until property has passed, You will store all goods in such a way that they are clearly identifiable as the property of the Company.
4.2. Until You have paid the Company in full for the goods supplied, You may not sell, dispose, or charge the goods and must hold or deal with the goods for and on behalf of the Company. However, if the goods have been sold prior to property passing to You, the proceeds of that sale must be held by You in trust for and on behalf of the Company.
4.3. Prior to You acquiring full property in the goods, the Company or the company's agents, may at any time enter upon any land, premises or property where it believes the goods may be held, to view and inspect them, and, if You have not paid for them in full, retake possession of the goods. You will indemnify the Company on demand in respect of any costs or liabilities incurred by the company in exercising its rights under this clause.
- PERSONAL PROPERTY SECURITIES ACT (“PPSA”)
5.1.You will, if the Company requests, sign any documents (including any new contracts), provide all necessary information and do anything else required by the Company to ensure that the Company's purchase money security interest is a perfected security interest.
5.2. You will not enter into any security agreement that permits any other person to register any security interest in respect of the goods or the proceeds.
5.3. If the goods are for Your business use You agree, to the extent Part 9 of the PPSA applies, that You will have no rights under Part 9 (Enforcement) of the PPSA. For example, but without limitation:
- You will have no rights under sections 114(1)(a) (to receive a notice of sale), section 117(1)(c) (relating to distribution of surplus), and section 133 (reinstating this Contract);
- You waiveYour rights under section 116 (to receive statement of account), section 119 (to recover surplus) and sections 120(2) and 121 (to receive notice of any proposal to retain the goods and object to any proposal).
5.4. You waive Your right under the PPSA to receive a copy of any verification statement or financing change statement.
5.5. You agree that where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.
5.6. For the purposes of this clause "PPSA" means the Personal Property Securities Act 1999.
5.7. The expressions "personal property", "purchase money security interest", "security agreement", "security interest", "perfected security interest", "verification statement" and "financing change statement" have the meanings given to them under, or in the context of the PPSA.
6.1. Some products and goods supplied to the Company by a third party supplier or manufacturer may be supplied with a warranty. If a warranty is supplied then products and good that You consider to be defective may be returned by you to the Company. The Company will forward the products and goods to the third party supplier or manufacturer and the Company will use its best endeavours to facilitate a resolution on Your behalf. The final decision will however rest with the third party supplier or manufacturer who may decide to replace or repair the products and goods or may decline to replace or repair the products and goods at their sole discretion. Whatever the outcome, the Company accepts no liability for the cost of returning the products and goods, for inspection of the products and goods, or for the cost of repair or preplacement.
6.2 Products and goods which are not supplied with a warranty by a third party supplier or manufacturer are not warranted.
6.3 Except as provided in clause 6.4 and 7;
- under no circumstances is the Company liable for any claim, action, demand, suit, loss, legal fee or other cost or expense of any kind whether directly or indirectly arising from the use or inability to use any goods;
- no warranties are given by the Company in respect of goods whether in respect of quality, fitness for intended purpose, or otherwise and all warranties implied by law are expressly excluded.
6.4 Flat pack self assembly kits and custom camper conversions undertaken by the Company are subject to a separate “Workmanship” warranty which is supplied with the kit or at completion of the custom camper
6.2. If the Company ever becomes liable to You, or any other person, and the Company cannot rely on the exclusions of representations, warranties or liabilities set out above, then the liability of the Company is in all cases limited to the amount of the price of the goods.
7.1. If You are acquiring the goods or services for the purpose of a business, then all of the guarantees and remedies in the Consumer Guarantees Act 1993 are excluded.
7.2. The only guarantee given by the Company is the guarantee which may accompany the goods. The Company reserves the right (at its sole discretion) to either repair, replace or offer credit for Goods returned pursuant to any guarantee.
8.1. The Company may in its discretion accept the return of goods in return for a credit and will not be bound to provide a cash refund. You must, at Your expense, return the goods in 'as new condition to the Company within 7 days of having accepted delivery of the goods. All returned goods must be accompanied by the relevant invoice issued by the Company, along with an explanation as to why the goods are returned..
8,2 You must pay the freight or courier cost incurred in returning the goods unless The Company accepts liability in advance of You returning the goods to the Company.
8.3. The Company will be entitled to charge a handling fee of 15% for goods returned and such charge will be deducted from the amount of credit to which You are entitled.
8.4. All goods that have been specifically procured by the Company from a third party for You, at Your request, are not eligible for return unless the third party accepts the return at no cost to the Company.
9.1. These terms and conditions and the Company’s invoice comprise the full agreement between the Company and You..
9.2. Any waiver of any or all of these terms and conditions by the Company will only be effective if made by the Company in writing,
9.4. You may not assign all or any of Your rights or obligations under this agreement without the prior written consent of the Company,
9.5. The Company is not bound by any error or omission on any invoice, order form or other document or statement issued by the Company.
9.6. The Agreement between the Company and the Customer is governed by the laws of New Zealand.
Version Number 1.0, 03-2023