Terms & Conditions

These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with us (SOSSBOSSER) by you (the Customer) constitutes the Customer’s agreement to be bound by these terms and conditions. Any additional or different terms that the Customer stipulates or states in any communication with SOSSBOSSER (including in regards to an order) are hereby objected to and will not bind SOSSBOSSER unless SOSSBOSSER agrees to those terms in writing. No salesperson, representative or agent of SOSSBOSSER is authorised by SOSSBOSSER to give any guarantee, warranty or representation, in addition to, or contrary to the terms and conditions set out here.

1. Sales and Purchase

1.1 The Customer’s placement of an order with SOSSBOSSER (Order) constitutes an offer by the Customer to purchase goods from SOSSBOSSER on the terms and conditions stated here.

1.2 An Order is accepted by SOSSBOSSER only when SOSSBOSSER notifies the Customer that it has accepted the Order either by sending the Customer an email confirmation or by displaying an Order confirmation on the SOSSBOSSER website after the Customer places the Order.

1.3 If SOSSBOSSER accepts the Order, a binding contract between the Customer and SOSSBOSSER will arise on these terms and conditions and will constitute the contract (Contract). The Contract may be amended only by written agreement between SOSSBOSSER and the Customer.

2. Price and price variation

2.1 Prices quoted include GST on products sold within New Zealand, unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the price advertised at the time the Order was placed. SOSSBOSSER may change its prices from time to time without notice but this will not affect orders placed prior to any such change.

2.2 Prices advertised do not include delivery fees. SOSSBOSSER is entitled to charge a delivery fee unless stipulated in our policy or offer, and this will be calculated by reference to the goods purchased and the post code of the address stated in the Order (for example, prices may differ for North Island versus South Island delivery addresses).

2.3 SOSSBOSSER shall be entitled to adjust any delivery fee from time to time and the Customer agrees to pay any such adjusted fee to take account of variations in the cost to SOSSBOSSER of delivering of the goods. Variations in delivery fee may arise for the following reasons:

(a) Delays in delivery of the goods, or inability to deliver the goods, arising as a result of the instructions, or lack thereof, from the Customer, any other action or inaction by the Customer or other circumstances beyond SOSSBOSSER’s control, that contribute to the delivery cost to SOSSBOSSER increasing beyond the initial delivery fee charged;
(b) Variation in the cost of SOSSBOSSER acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
(c) Variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(d) Any correction of errors or omissions on the part of SOSSBOSSER or any of its representatives.

3. Payment

3.1 Payment must be made by the Customer before SOSSBOSSER will ship the goods to the Customer.

3.2 SOSSBOSSER reserves the right to suspend delivery of the goods if the terms of payment are not strictly adhered to by the Customer or if the Customer’s payment is dishonoured or reversed, regardless of the reason.

3.3 Any expenses, costs or disbursements incurred by SOSSBOSSER in recovering any outstanding monies, including debt collection agency fees or solicitor’s costs, shall be paid by the Customer to SOSSBOSSER.

3.4 The Customer must pay SOSSBOSSER any fees or costs imposed on SOSSBOSSER if any payment the Customer makes to SOSSBOSSER is dishonoured or reversed.

4. Delivery

4.1 SOSSBOSSER will deliver the goods to the address stated on the Order that the Customer provides to SOSSBOSSER when he or she places the Order.

4.2 Where the Customer does not provide sufficient delivery information and delivery is either delayed or not possible as a result of that omission, the Customer agrees to pay any additional shipping costs to SOSSBOSSER that SOSSBOSSER incurs.

4.3 SOSSBOSSER shall deliver the goods by such carrier and by such form of transport as SOSSBOSSER considers to be appropriate.

4.4 SOSSBOSSER will not be liable for providing proof of delivery and it shall be the Customer’s responsibility to make inquiries with the postal carrier using tracking information provided by SOSS BOSS if any such proof is required.

4.5 SOSSBOSSER will not be responsible for any delay in delivery of the goods as a result of events that occur beyond its control.

4.6 SOSSBOSSER shall not be in any way responsible for any direct or indirect consequences arising from delivery delay or non-delivery where that delivery delay or non-delivery was the fault of the Customer.

5. Return of Goods

5.1 SOSSBOSSER complies with all of its obligations under the Consumer Guarantees Act 1983 (CGA) and Fair Trading Act 1986 (FTA).

5.2 Subject to the provisions of the CGA and FTA, SOSSBOSSER will only accept the return of goods that are faulty where the fault has not been caused by the Customer. SOSSBOSSER will not accept returns for “change of mind” or where the goods are damaged as a result of Customer misuse or wear and tear.

5.3 Where the Customer considers the goods to be faulty, he or she agrees to notify SOSSBOSSER of the fault and to provide evidence to support that claim as soon as is reasonably practicable. SOSSBOSSER may not accept returns where a significant amount of time has passed since the order was placed and, subject to its CGA and FTA obligations, reserves the right to refuse such a return at its discretion.

5.4 The Customer agrees to return any faulty goods to SOSSBOSSER so that SOSSBOSSER can physically inspect the goods before it agrees to issue the Customer with a refund or issue the Customer with a replacement.

5.5 The Customer agrees to pay the postage cost to return any faulty goods to SOSSBOSSER, but after having inspected the goods, provided SOSSBOSSER agrees that the goods are faulty, SOSSBOSSER will reimburse the Customer the postage cost of returning them provided that cost is reasonable.

5.6 The Customer agrees to send all returns back to SOSSBOSSER using a tracked postal service and agrees that in the event that such a service is not used, and the return goes missing, SOSSBOSSER is not liable to issue the Customer with any refund or replace the goods. The Customer also agrees that he or she has sole responsibility for engaging with the carrier to attempt to recover the goods in such circumstances.

5.7 Where SOSSBOSSER agrees to provide a refund for faulty goods, it will also issue a refund for the initial postage fees paid by the Customer. Where the customer opts for a replacement instead of a refund, SOSSBOSSER will not refund the initial postage fees paid by the Customer but will instead cover the postage fees to send out the replacement.

6. Risk

6.1 Risk in the goods will pass to the Customer at the time the goods are delivered to the address provided by the Customer.

7. Guarantees

7.1 If any of the goods supplied to the Customer by SOSSBOSSER fail to comply with any guarantee in the CGA, SOSSBOSSER will issue a replacement or refund for the goods;

7.2 Without excluding SOSSBOSSER’s obligations under the CGA, the Customer acknowledges that SOSSBOSSER does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by SOSSBOSSER in writing;

7.3 If the goods are acquired by the Customer for business purposes, the Customer agrees that the CGA does not apply;

7.4 If the Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer’s contract that the CGA does not apply in respect of the goods; and

7.5 If the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without SOSSBOSSER’s prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as SOSSBOSSER requires, and the Customer agrees to indemnify SOSSBOSSER against any liability or cost incurred by SOSSBOSSER under the CGA as a result of any breach by the Customer of these obligations.

7.6 Apart from those contained within the CGA, SOSSBOSSER accepts no liability for any claim by the Customer or any other person, including without limitation, any claim relating to or arising from:

(i) Any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
(ii) Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by SOSSBOSSER in writing; or
(iii) Any services forming part of the supply of the goods which have been performed by any third party;

And the Customer agrees to indemnify SOSSBOSSER against any such claim.

7.7 In any event, SOSSBOSSER’s liability under any claim shall not exceed the price of the goods.

7.8 Nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA or FTA except to the extent permitted by those Acts, and these terms are to be modified to the extent necessary to give effect to that intention.

8. Variations to Terms and Conditions

8.1 SOSSBOSSER may, from time to time at its sole discretion, amend, add to or delete any of these terms and conditions of trade with immediate effect, but no such amendment, addition, or deletion, shall affect any contract for the sale of goods that took place prior to that amendment, addition or deletion taking effect.

9. Consent to receive marketing information and follow-up emails

9.1 By completing a purchase through our online store and opting to receive further marketing information about SOSSBOSSER products, you are consenting to us adding your contact information to our customer mailing list and sending follow-up emails to you on occasion regarding your order status, request for reviews and other emails.