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Sale Terms and Conditions

1. About these terms of sale

1.1 These Terms of Sale (“Terms”), together with the My Pacific Terms of Service, set out the terms and conditions that will apply when you place an order through My Pacific operated web shops. Please note that the terms and conditions that apply to ordering pre-order products differ on certain parts from the terms and conditions that apply to ordering other products. Such differences will be explained later in these Terms. If you are unable to understand, or have any questions about these Terms please contact My Pacific. You will be required to confirm that you have read and accept these Terms before you submit an order to My Pacific. Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions prior to each order that you submit.

1.2 Company information

My Pacific (Samoa Observer Ltd) Initiative
Unit 21 / 18 Lambie Drive
(“My Pacific”)
p. 09 263 6179
f. 09 273 2013

The pre-order products are sold and delivered to you by My Pacific and it’s partners of distributors. In connection with the sales of pre-order products, My Pacific will collect the orders and payments for pre-order products on behalf of it’s partners of distributors.

1.3 These Terms do not affect your legal (statutory) rights under your applicable national laws relating to the sale of consumer products.

1.4 The sales contract may be concluded in English language.

2. Order and acceptance

2.1 Each order submitted constitutes an offer to purchase products. Orders are subject to my pacific’s acceptance and may be refused at my pacific’s discretion, for example in cases where:

orders cannot be processed due to an error in information you have provided; there is an error on the web shop relating to the products that you have ordered, for example an error relating to the price or description of the product as displayed on the web shop; or the products that you have ordered are no longer available through the web shop.

2.2 After My Pacific receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact My Pacific before you try to place another order for the same product.

2.3 You will receive an email when your order is being dispatched confirming that your order has been accepted.

2.4 If you have any questions, comments or concerns regarding my pacific’s order acceptance policy, or if you consider that your order was rejected in error, please contact My Pacific.

3. Product availability

My Pacific will have the right, at any time, to make changes to information about products displayed on the web shops, for example information about prices, description or the availability of products and My Pacific may do so without first giving you notice of the changes. My Pacific will not, however, make any changes to the price, availability or description of any product after an order has been accepted.

4. Customer initiated order cancellations and changes

You can make changes to or cancel your order at any time before your order has been processed. To make changes to your processed order, please contact My Pacific. If your order has already been dispatched, (i) for the pre-order products you will be able to request a refund of the product as separately informed by My Pacific, and (ii) for other products you will only be able to request a refund of the product: please see Return Policy.

5. Order tracking

For other than pre-order products you can track the progress of your order by logging into your My Pacific account. For pre-order products the order tracking may be available as separately informed by My Pacific.
6. Delivery

6.1 In some cases some products might not be available for all countries. You will be informed of any such territorial restrictions before you can purchase the product.

6.2 Shipping and handling charges will depend on the value of your order and the country to which the product is being shipped. Any customs duties or tariffs that may be imposed on the deliveries will be paid by you.

6.3 Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, My Pacific cannot promise that they are accurate.

6.4 My Pacific reserve the right to deliver the ordered products in separate shipments.

6.5 Product that is delivered to you will become your property at the time that you receive it provided that My Pacific has received full payment for the product. As soon as My Pacific has delivered the product to you, you will become responsible for it and for any loss or damage to it thereafter.

7. Prices and payment

7.1 The product price is always the price indicated in the web shop when you place your order. The price shown is in New Zealand dollars and includes GST.

7.2 Products and their postage are paid in conjunction with the order. The available payment methods are displayed in connection with the product order form in the web shop. Online payment methods are provided by Credit Card and PayPal.

7.3 Payments by credit and debit cards:

If you would like to pay by credit or debit card, my pacific will act solely as the marketer of the respective payment method and will provide the products to the customer. All complaints and claims for compensation will be handled by the payment method provider. With regard to payments made by credit or debit card, the payment method provider acts as the merchant of the product and the trade transaction takes place between the customer and the payment method provider. The payment method provider is also the recipient of the payment.

7.4 Online banks:

In some countries purchases will also be possible via online payment systems. These services will be offered via My Pacific payment partners in accordance with their terms.

8. Returns / Refunds

8.1 Refunds or exchanges in case of a faulty product

If you wish to exchange or return for a refund a pre-order product which is faulty or otherwise damaged when you receive it, which does not correspond to the description on the web shop, or which develops a fault after you receive it, you can do so in accordance with and pursuant to applicable law and as separately informed by My Pacific.

If you wish to exchange or return for a refund a product that is sold and delivered to you by My Pacific which is faulty or otherwise damaged when you receive it, which does not correspond to the description on the web shop, or which develops a fault after you receive it, you can do so in accordance with and pursuant to applicable law and Return Policy.

This provision does not set-aside your mandatory legal rights in this respect.

8.2 Refunds for non-faulty merchandise

You can exercise the right to cancel an order for pre-order product in accordance with and pursuant to applicable law and as separately informed by My Pacific.

You can exercise the right to cancel an order for product sold and delivered to you by my pacific within fourteen (14) days from the date that the product is received in accordance and pursuant to the terms of Return Policy.

9. Liability to you

9.1 Nothing in these Terms will exclude or limit liability to you for fraud, death or personal injury or any other liability which the law states may not be excluded or limited.

9.2 My Pacific will be liable to you under a contract for:

any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;
any loss or corruption of or damage to data; or
any loss or damage which was not a reasonably foreseeable result of either breach of a contract or breach of legal duty of care.

10. Personal information

When you create your My Pacific account and place an order through the web shop, you will be providing My Pacific with your personal information. You agree that My Pacific may disclose personal information to it’s distributors in connection with the sales of pre-order products. My Pacific will use your personal information to process your order and for the delivery of the products ordered and for other limited purposes. My Pacific collection and use of your personal information will be carried out subject to the terms of our Privacy policy.

11. General terms

The contract for sales of pre-order products will be solely between you and My Pacific and is governed by the laws of New Zealand and it’s Pacific neighbors.

The contract for sales of other products will be solely between you and My Pacific and is governed by the laws of New Zealand.

If any provision of a contract is not valid or legally enforceable, that term will be deleted and the remaining terms will not be affected.

12. Contact My Pacific

If you have any questions about these Terms, please contact My Pacific by submitting a request for My Pacific Service and Support.