Terms of service

These terms and conditions (“Terms”) apply to all sales and deliveries of products purchased by consumers in the ChaBil Online Shop from ChaBil Ltd, NZBN 9429050733958. 87a Princess Road, 3110 Bellevue Tauranga, New Zealand (hereinafter referred to as “ChaBil” or “we”). http://www.chabil.online/ (“Website”) is owned and operated by ChaBil Ltd.


Placing orders

Before submitting you order, please carefully revise your order-, payment-, delivery- and billing address information. The customer must write the address correctly. If you write the wrong address by mistake or omission of data and the package is not delivered, we are not responsible for sending a new one and there is no right of freight refund.

If you write the wrong address, please contact our customer service by sending an email to contact@chabil.online

Shortly after placing your order, you will receive a receipt by email where we confirm that we have received your order. Please note that this receipt is not an order confirmation and that the order is not binding upon us at that time. A binding agreement between you and ChaBil has been entered into when we confirm by email that your order has been dispatched.

We reserve the right not to accept your order if, for example, we are unable to obtain authorisation for payment, if shipping restrictions apply to a particular product, if the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria set out within the Terms.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing of any product from the Website whether or not that the product has been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Cancellation of orders before dispatch

It is only possible to cancel your order if it has not yet been packed and dispatched from our warehouse. If you wish to cancel an order, please contact us as soon as possible by email or phone. We reserve the right to refuse cancellation of the order if the order has already been packed by our warehouse.

Payment

Payment can be made with Mastercard, Visa, American Express, AfterPay, PayPal, Reach, and any other methods that may be clearly advertised on the Website from time to time. Payment will be debited and cleared from your account upon dispatch of your order by ChaBil.

We take all reasonable care to make our Website secure. All credit card transactions on this Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Furthermore, we will take all reasonable care, in so far it is in our power to do so, to keep the details of your order and payment secure, but we cannot beheld liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Prices

The price of a product displayed on the Website at the time the order is accepted will be honoured, except in cases of mistakes, type errors etc.

All prices are stated in NZD or AUD (or another currency that you can chose to have displayed on our Website) inclusive of any GST and other sales taxes to the extend applicable.

Any customs and import duties that are charged once the order reaches its destination country, must be paid by the recipient of the order. ChaBil has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country. You may want to contact your local customs office for further information. All orders are sent from New Zealand.


Delivery & Shipping

We strive to dispatch the same day, if the order has been submitted before 3pm. All merchandise is dispatched within 1-2 working days.

ChaBil will aim to deliver Goods ordered by you at the place of delivery requested by you within the time indicated by it at the time of your order, but ChaBil cannot absolutely guarantee delivery dates or times. Delivery times on the Website are inductive only. To the extent permitted by law, ChaBil will not be liable to you for any losses, liabilities,costs, damages, charges or expenses arising out of late or delayed delivery. ChaBil will aim to deliver the Goods you have ordered to the address advised by you at the time of purchase. You may be able to rearrange delivery options with ChaBil’s delivery partners.If delivery or collection is delayed through your unreasonable refusal to accept or if you do not, within 14 days of the first attempt to deliver Goods to you, accept delivery or collect the Goods from ChaBil’s delivery partners, then ChaBil may:

1) charge you for ChaBil’s reasonable fees and other costs reasonably incurred by ChaBil in attempting to deliver the Goods to you; or

2) terminate the Contract and no longer have any obligation to complete delivery of the Goods.

While the delivery services and partners utilised by ChaBil may include insurance for the Goods during transit, ChaBil makes no representations and gives no warranties in respect to such insurance and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier.
All export and import documentation, licences, duties, taxes or other obligations or costs (including Delivery Fees) relating to the delivery of the Goods shall be your responsibility.

Delivery time and costs depends on the current freight company.

Returns & Withdrawal

You may exercise your right of withdrawal without stating any specific reason.

The 14-day period during which you may exercise your right of withdrawal starts on the day you receive the product. The time limit has been observed if you send your notification on the exercise of your right of withdrawal before expiry of the time limit.

If you exercise your right of withdrawal, you must subsequently return the product to us.

The product must be returned to the following address:

Att: ChaBil Ltd 
87a Princess Road
Bellevue 3110, Tauranga, New Zealand

The right of withdrawal cannot be exercised by simply refusing receipt of the product, by failing to collect the product from the carrier or by handing in the product to our distributors.

Documentation may be requested proving that the product was sent prior to expiry of the 14 days’ time limit. If the product is to be sent, it must be packaged in a responsible manner.You have the risk of the product during transportation and are responsible for ensuring that the package/product arrives undamaged. Consequently, you should save postal receipts and any “track and trace” number. Furthermore, we encourage you to enclose a copy of the order confirmation or other documentation of your purchase and to return the product in its original packaging.

Products must be returned in a good and undamaged condition and should be returned in its original packaging. If returned products show signs of damage or use, other than what is required to establish the nature, characteristics and functioning of the product, you will be liable for any loss of value of such product. You may thus lose the right in full or in part to have the purchase price refunded. We will estimate the value on the basis of a specific assessment of the returned product. As soon as we have received and accepted the returned items, the refund will be issued. Please be aware that the refund will be credited to the credit card originally used for purchase of the items, minus taxes or import duties, if any. We will refund the purchase price, less any loss of value.

The return shipping cost must be paid by you and is not covered by ChaBil. Please be aware that ChaBil does not exchange items.

Note that, If you refuse to receive your parcel after it has been dispatched, and thus return the parcel, the cost of return shipment as well customs handling fees will be deducted from your refund.

The actual costs cannot be calculated until the package has been returned to ChaBil

Defects

When you buy a product on our web shop you have a 30 day right to file a complaint counting from the delivery date. This means that for up to 30 days after you have received the  product, you may have the product exchanged or you may have a refund or a reduction of the purchase price if the product is defect and depending on the situation at hand.

Damage to the product caused by accidents, use of the product in an unintentional manner, incorrect use or abuse or other tortuous conduct is not covered by the right to complain.

If your purchase is damaged or defective, please contact us within a reasonable time by sending an email to contact@chabil.online. Provide your order number, a description of the damage and attach pictures showing the product and the defect so the claim case can be assessed. If the claim is justified and timely, you will have the product exchanged or the price of the goods will be refunded. This is only if you purchased the product on www.chabil.online. If you purchased your ChaBil product somewhere else, you need to contact them with the claim.

When you return the product, please make sure you have the enclosed postal receipt stamped and signed at the post office when you hand in the package. This is your proof that the package has been returned to us and in such case, you will not be liable in the event that the package is not received at ChaBil. Please keep the postal receipt until you receive information from ChaBil that your returned package has been received and processed.

Our liability

We warrant to you that any product purchased from us through our Website is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.

Every care has been taken in the preparation of the content of this Website to ensure that the items and terms are described accurately. There may, however, from time to time be technical inaccuracies and/or typographical errors. There may be slight variations from time to time in style or colour reproduction or in text descriptions. As the actual colours you will see will depend on your monitor, we are unable to promise or guarantee that your monitor's display of any colour will actually reflect the colour of the product delivered to you. To the extent permitted by law, we are not liable for any claims either direct or in terms of consequential loss relating to the accuracy of the information contained in any of the sections of this Website, whether this arises from breach of duty, breach of contract, negligence or any other way.

We are not liable for any use of the products if you use them for other purposes than they are made for. We are not liable for indirect losses. Our liability is in any case strictly limited to the purchase price of the product you purchased.

ChaBil strives to provide accurate and up-to-date content on this webshop. Unfortunately, there may occasionally be price changes, out-of-stock items and other unintentional errors on our webshop. ChaBil can only be held responsible if it follows from New Zealand law.

10. Personal data policy
 
The following customer information is requested by ChaBil when you shop on our website:

Name, address, phone number and e-mail address. We register and pass on the personal data that is necessary in order to deliver the product to you.

You have the right to know what data we process about you. If you believe that the information is inaccurate, you have the right to have it corrected. In some cases, we are obliged to delete your personal data if you request it. For example, if your data is no longer necessary in relation to the purpose for which we needed it. You can also contact us if you believe that your personal data is being processed in violation of the law. You can contact us at contact@chabil.online

11. Right of appeal
 
If you as a consumer want to complain about your purchase, please contact us by email: Contact@chabil.online
 
12. Trademark and copyright
 
All product designs, product names and content of the Site are protected by international copyright and trademark laws. You may not use any product designs, product names or trademarks presented on this site without prior written consent from ChaBil Ltd.
 
13. Governing law

These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand. The Courts of New Zealand have exclusive jurisdiction to hear and determine any matter, which may arise out of or in connection with these terms and conditions.