These terms are divided into four Parts. Capitalised words in these Terms are defined in Part D.
Part A This Part provides that by using the Website you agree to the Terms.
Part B This Part contains specific terms and conditions related to purchasing Vehicles.
Part C This Part contains general terms relating to privacy, electronic messages and use of the Website generally.
Part D This Part contains definitions.
1.1 Effective Date: These terms are effective from 1 August 2016.
1.2 Ownership: The Website is owned and operated by Cartopia.
1.3 Use of this Website: By accessing or using this Website you agree that you have read, understood and agreed to be bound by these terms. Your use of this Website is subject to the following conditions and all applicable laws. If you do not agree with these Terms, then you are not permitted to use or browse this Website.
1.4 Modification to Terms: Cartopia may modify, alter or otherwise update the terms applicable to this Website from time to time. You agree to check these terms and conditions and to be bound by such terms as are in effect at the time at which you access this Website and place any Order.
2.1 Registration: You must Register with Cartopia using the Website to place an Order.
2.2 Passwords: When you Register on the Website you will be asked for your name, address, email address and to create a password. Cartopia reserves the right to request further information to verify any details provided during the registration process. Because your username and password allows you to purchase Vehicles online Cartopia advises you to keep your username and password secure and you should not give out your user name or password to any other person. Cartopia will never ask you to disclose your password.
2.3 Password Security: Cartopia recommends the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor should your password be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login and password, and for all activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised party gains access to your username and password, please notify Cartopia immediately and change your password immediately.
2.4 Cancellation of Registration: Cartopia may at any time cancel your registration without notice at any time, with or without cause and without giving any reason.
3.1 Vehicles: Cartopia offers Vehicles for sale on the Website in its own right and as agent of third party vendors.
3.2 Offer: By transmitting your order to us using the “Send Order” button on the Website you have made an irrevocable offer to purchase the Vehicle on the Terms and at the price, including any delivery charges and other costs displayed on the Website (Order).
3.3 Order Status and Deposit: Cartopia will notify you by email within 30 minutes of sending the Order whether your Order is accepted or rejected. If your Order is accepted Cartopia will:
3.4 Order Rejected: Cartopia may, in its absolute discretion, reject your Order and is under no obligation to provide you any reasons for rejecting your order.
3.5 Payment of the Amount Due: Within 48 hours of your Order being accepted you must pay the balance of the Amount Due to Cartopia by:
3.6 Cancellation: Your Order to purchase a Vehicle:
3.7 Consequences of Cancellation: If your Order is cancelled under clause 3.6:
4.1 Change of ownership: Before taking delivery of a Vehicle you must supply to Cartopia the information necessary to enable a change of ownership to be registered. Cartopia reserves the right to delay release of the Vehicle until this is done.
4.2 Delivery Date and Address: Delivery will not occur until the Amount Due is paid in full. We will use our reasonable endeavours to deliver the Vehicle on or after the Amount Due is paid or at any later date requested by you. Where you have requested that we deliver the Vehicle:
4.3 Exclusion of Liability: We shall have no liability to you for any losses arising by reason of delay in delivery, whatever the cause of the delay.
4.4 Risk and Ownership: All risk and ownership in the Vehicle shall pass to you at the time you are given possession of the Vehicle.
4.5 Warrant of fitness: Every Vehicle sold will have a current warrant of fitness. Where the Vehicle has not been issued with a warrant of fitness within one month of you being given possession of the Vehicle, you acknowledge and accept that the Vehicle was issued with a warrant of fitness more than month before you were given possession of the Vehicle.
5.1 Purpose: Clause 5 sets out when you may return a Vehicle for a refund of the Vehicle’s purchase price. Only the purchase price of the Vehicle will be refunded; any other costs are yours, for example delivery costs, any other services or inspections you arrange and any financing or financing break costs. Motor Vehicle Traders are not eligible for the right of return set out in this clause 5.
5.2 Right of Return: Within 7 days commencing from the time you are given possession of the Vehicle (Return Period) you may, subject to the terms and conditions set out in this clause, require the Vendor to purchase the Vehicle from you for the Return Price by:
(Right of Return)
5.3 Conditions: Your right to exercise the Right of Return is conditional on Cartopia, in its absolute discretion, being satisfied:
5.4 Warranties and Representations: You warrant and represent to Cartopia that at the Return Date that:
5.5 Payment: On the Return Date Cartopia shall pay or satisfy the obligation to pay the Return Price as follows:
5.6 Ownership and Risk: Ownership and risk in the Vehicle transfers from you to the Vendor at the time Cartopia has applied or paid the Purchase Price pursuant to clause 5.5.
6.1 Credit Card Payments: Cartopia uses Payment Express Limited to process online payments which are made by credit card and Payment Express will process your credit card information.
6.2 Security: All information transmitted to and from Payment Express is encrypted (SSL Secured 256 bit). Payment Express is a level 1 certified PCI-DSS compliant provider: PCI DSS (Payment Card Industry Data Security Standard) is a set of comprehensive requirements created by card issuers American Express, Discover Financial Services, JCB International, MasterCard and Visa to ensure the security of credit card data online. All merchants, whether small or large, need to be PCI compliant. Payment Express is registered as a PCI DSS compliant service provider and a payment page solution hosted by Payment Express meets all PCI DSS requirements.
7.1 Vehicle Condition Report: You acknowledge and agree that the Vehicle Condition Report has been prepared following a basic inspection of the Vehicle. When preparing the Vehicle Condition Report, no part of the Vehicle was dismantled, no diagnostic testing was undertaken and the Vehicle was driven up to 50km/h from a cold start.
7.2 No Contracting Out: Subject to clause 1.1, where the Consumer Guarantees Act 1993 applies nothing in these Terms shall contract out of or shall limit the application of that Act.
7.3 Vehicle to be returned to us: Where the Consumer Guarantees Act 1993 applies to the Vehicle and you wish to make a claim under that Act, you must return the Vehicle to us so that we can inspect the Vehicle and identify the source of the fault and whether it is able to be repaired. Subject to section 22 of the Consumer Guarantees Act 1993, it is your responsibility to cover any cost of returning the Vehicle to Cartopia
7.4 In Trade Exclusion: Where you acquire the Vehicle in Trade, you agree to contract out of the Consumer Guarantees Act 1993 and sections 9 (Misleading and deceptive conduct generally), 12A (unsubstantiated representations), and 13 (False or misleading representations) of the Fair Trading Act 1986 and:
8.1 Electronic Transactions Act: The provisions of the Electronic Transactions Act 2002 apply to these Terms.
8.2 Overseas Use: You may not place an Order for delivery outside of New Zealand.
8.3 Website Images: Cartopia endeavours to ensure that all information (including product features, models, illustrations, representations, specifications and prices) whether alone or part of a feature or service on this Website is accurate at the time uploaded to the Website. Before the expiry of the Return Period Cartopia you should satisfy yourself that any picture or description which was referred to on the Website is accurate.
8.4 Sale of Goods Act Exclusion: The warranties and conditions implied by the Sale of Goods Act 1908 shall not apply to the sale of the Vehicle.
8.5 Costs: Cartopia may recover from you any and all costs incurred by Cartopia in enforcing the provisions of these terms, including debt collection costs and any legal costs as between solicitor and client on an indemnity basis.
8.6 Privity: Clauses in these Terms which are for the benefit of the Cartopia or the Vendor are intended to be for the benefit of Cartopia, Cartopia’s employees, agents, contractors and assigns jointly and severally and the provisions of the Contracts (Privity) Act 1982 apply accordingly.
8.7 Entire Agreement: These Terms constitute the entire agreement concerning the supply of Vehicles and use of the Website. No representation, warranty, term or condition shall be binding on us unless it is included in the Terms.
8.8 Governing Law: These Terms will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and the parties submit to the non exclusive jurisdiction of the New Zealand courts.
9.1 Application: This clause 9 applies to all natural persons.
9.3 Information that we collect: Cartopia collects, stores and uses personal information about you which you have provided to us in any form or via the Website. Cartopia collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Cartopia also collects anonymous demographic information, which is not unique to you, such as your postal code, age, gender, preferences, interests and favourites. If you do not provide the personal information we have requested, Cartopia may limit the services it provides to you.
9.4 Collection and storage of personal information: Any personal information you provide will be held in accordance with the requirements set out in the Privacy Act 1993 and this clause 9. Personal information may be held by Cartopia (or its agents) electronically or in hardcopy (in New Zealand or elsewhere) but in all cases Cartopia will control that information.
9.5 Use of your personal information: Cartopia may use your personal information:
9.6 Who we share your information with: Cartopia does not sell, rent or lease its customer lists to third parties. Cartopia may pass your personal information on to other people who have been authorised or licenced by Cartopia so that person can use your personal information for the purposes you provided it to Cartopia. Cartopia will not release your personal information to any third party except where required to, permitted to by law, where you have authorised us to do so or where disclosure is connected to the purpose for which the information was collected.
9.7 Access to, editing and deleting personal information: You may also ask us for access to, correction of or deletion of any personal information that we hold about you by sending a written request to the address below. It is your responsibility to ensure that personal information provided to us is accurate. You can ask to see the personal information that we hold about you by sending a written request to: The Privacy Officer, Turners Group NZ Limited, PO Box 112 022, Penrose, Auckland 1642.
9.8 Questions: If you have any further questions relating to this policy please email email@example.com or by mail to Cartopia, PO Box 112 022, Penrose, Auckland 1642.
10.1 Consent to Receive Electronic Messages: If you enter your email address into the Website then you have agreed to Cartopia providing you with unsolicited information about Cartopia products and services in electronic form to that email address.
10.2 Electronic Messages: Every unsolicited email which Cartopia sends you containing information about Cartopia products and services will include the following:
10.3 Removal of your Email Address: You may request that Cartopia delete your email address at any time by either contacting Cartopia in writing, email or using the functional unsubscribe feature on an email you may have received from Cartopia.
11.1 Copyright: Information on this Website is owned by or licenced to Cartopia. All Content is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
11.2 Restrictions: You may not copy, reproduce, display, publish, upload post, transmit, store (including in electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content without the prior written permission of Cartopia. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.
11.3 Trademarks: Cartopia is the owner or licencee of the Marks. You may not use the any of Marks without the prior written permission of Cartopia.
12.1 Interference with the Website: You may not:
12.2 Compliance with Laws: You agree to comply with all applicable laws and with these Terms at all times when using the Website.
13.2 Consent: By using this Website you consent to Cartopia collecting and using information collected from cookies. However, you can prevent cookies from being saved on your hard drive by selecting the appropriate setting on your browser – simply follow your particular browser’s instructions. You may continue to use this Website even if you deactivate cookies, however deactivating cookies may mean that you might no longer be able to enjoy offers from Cartopia in their entirety.
14.1 Website availability: Cartopia does not represent or warrant that the information, services or materials accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
14.2 Website functionality: Cartopia makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-free.
14.3 Website content: Cartopia may update the information or materials on this Website from time to time and no assurance or warranty is given that information or material on this Website is up-to-date, accurate, error-free or complete.
14.4 Links: Links and references to other websites may be included on this Website as a convenience only. Cartopia may not have reviewed and does not endorse or assume any responsibility for any other websites, material posted on them, or products or services offered on those websites.
14.5 Transmitted Information: Information or material which you provide electronically through your access to or usage of this Website is not confidential or proprietary and acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a Website is stated as being secure. Cartopia shall have no liability for the interception or 'hacking' of data through the Website by unauthorised third parties.
14.6 Exclusion of Liability: This Website and all content, features, and services on this Website are provided "as is" without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose or non-infringement. Cartopia will not be liable to any person or entity for:
15.1 Right to suspend, alter or cancel service: Cartopia shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all of services provided through or by this Website and/or substitute alternative services, which may or may not be interactive or transactional in nature.
15.2 Contact Details: If you have any further questions relating to the Terms or the Website please contact Cartopia at firstname.lastname@example.org or by mail to Cartopia, PO Box 112 022, Penrose, Auckland 1642.
Amount Due means the balance you are required to pay to Cartopia in respect of the purchase of a Vehicle and any other services (for example delivery charges) after credit for the deposit paid.
Cartopia means Turners Group NZ Limited trading as Cartopia.
Content means all of the material on the Website, including without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in the Website.
Marks means trademarks, logos, model names, brands and service marks displayed on the Website which are the registered or unregistered intellectual property of Cartopia or are owned by third parties and have been licenced to Cartopia for use on the Website.
Motor Vehicle Trader has the meaning set out in the Motor Vehicle Sales Act 2003.
Order has the meaning set out in clause 3.2.
PPSA means Personal Property Securities Act 1999.
PPSR means the Personal Property Securities Register required by the PPSA.
Purchase Date means the date on which risk and ownership passes to you in accordance with clause 4.4.
Purchase Price means the purchase price of the Vehicle stated on the Website.
Register means the process of applying for and being granted rights to use the Website and place Orders.
Return Date means the date on which Cartopia accepts possession of the Vehicle following your exercise of the Right of Return.
Return Period means a period of 7 days from the time you accept delivery of the Vehicle from Cartopia.
Return Price means the purchase price for the Vehicle which was listed on the Website and for the avoidance of doubt excludes any other costs including delivery costs, on road costs and the cost of any additional services purchased from Cartopia.
Right of Return means your option to return the Vehicle to Cartopia in accordance with clause 5.
Security means any interest, equity or other right of any other person (including any right to acquire, option or right of first refusal), mortgage, charge, pledge, lien, restriction, assignment, security interest, title retention, sale and buy back, sale and lease back or any other interest in property that legally or in substance secures any obligation of any person, or other arrangement of any nature having similar economic effect (and includes any "security interest" within the meaning of the Personal Property Securities Act 1999) and includes any agreement or arrangement to create any of the forgoing.
Terms means these terms.
Trade has the meaning set out in the Consumer Guarantees Act 1993.
Vehicle means, as the context requires, any motor vehicle listed for sale on the Website and any motor vehicle you have purchased from Cartopia.
Vehicle Condition Report means the basic vehicle inspection described in clause 7.1.
Vendor means the person who owns the Vehicle.
Website means www.cartopia.co.nz and includes any derivative from that website.