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  • TERMS OF SERVICE

    TERMS AND CONDITIONS

    Article 1 - Definitions For the purposes of these General Terms and Conditions, the following definitions shall apply: "Withdrawal period" means the period within which the consumer may exercise his right of withdrawal; "Consumer" means a natural person who is not acting in the course of a professional or commercial activity and who enters into a distance contract with the trader; Day: a calendar day; "Term transaction" means a distance contract for a set of goods and/or services where the obligation to deliver and/or purchase extends over a specified period of time; durable medium" means any instrument which enables the consumer or trader to store information addressed personally to him in such a way that the stored information can be retrieved in the future and reproduced in an unaltered form. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period; "trader" means a natural or legal person who offers products and/or services at a distance to consumers distance contract' means a contract where, up to the moment of conclusion of the contract, exclusively one or more means of distance communication are used as part of a system organized by the trader for the distance sale of goods and/or services means of distance communication" means by which a contract can be concluded without the consumer and the trader being in the same room at the same time. General Terms and Conditions" means the current general terms and conditions of the Trader.

    Article 2 - TGGRS Ltd trading as Taylors Road

    Article 3 - Applicability These general terms and conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer. Prior to the conclusion of the distance contract, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions may be consulted at the trader's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request. By way of derogation from the previous paragraph, in the case of a distance contract concluded by electronic means, the text of these general terms and conditions shall be made available to the consumer in electronic form before the conclusion of the distance contract in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, it shall be stated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer at his request free of charge either electronically or by other means. If special product or service requirements apply in addition to these general terms and conditions, subparagraphs 2 and 3 shall apply mutatis mutandis, and the consumer may always invoke the most favorable applicable provision in the event of conflicting general terms and conditions. If at any time one or more provisions of these General Terms and Conditions are invalid or are annulled in whole or in part, the remainder of the Agreement and these General Terms and Conditions shall remain in force and the provision in question shall immediately be replaced by mutual agreement by a provision that comes closest to the scope of the original provision. Situations not covered by these General Conditions will be judged "in the spirit" of these General Conditions. Any ambiguity in the interpretation or content of one or more provisions of our General Conditions must be interpreted "in the spirit" of these General Conditions.

    Article 4 - The offer If an offer has a limited period of validity or is subject to conditions, this must be expressly stated in the offer. The offer is subject to change. The Entrepreneur has the right to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to accurately assess the offer. If the Entrepreneur uses pictures, they must truthfully represent the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur. All images, specifications and data in the offer are indicative and cannot lead to compensation or termination of the contract. The images of the products are a faithful representation of the products offered. The Company cannot guarantee that the colors shown are exactly the same as the actual colors of the Products. Each offer contains information from which the consumer can see what rights and obligations are associated with the acceptance of the offer. This applies in particular to the following items: The price, excluding customs clearance costs and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service must apply the special postal and courier service regulation for imports. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service charges tax to the recipient of the goods (whether or not it is combined with the customs clearance fee charged); Any costs incurred for transportation; How the contract is to be implemented and what steps are required to do so; Whether or not the right of withdrawal applies; Payment, delivery and performance terms of the contract; The deadline for acceptance of the offer or the period within which the trader guarantees the price; the amount of the tariff for distance communication, if the cost of using the means of distance communication is calculated on a basis other than the normal basic tariff for the means of communication used; whether the contract is archived after its conclusion and, if so, the means by which the consumer can access it; the means by which the consumer may, prior to the conclusion of the contract, verify and, if he so wishes, correct the information provided by him under the contract; any languages other than English in which the contract may be concluded; the codes of conduct to which the trader is subject and how the consumer can access those codes of conduct electronically; and The minimum duration of the distance contract in the case of a longer transaction. Optional: available sizes, colors and materials.

    Article 5 - The Agreement Subject to paragraph 4, the agreement shall be concluded at the moment when the consumer accepts the offer and the conditions specified in the offer are fulfilled. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the electronic acceptance of the offer. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract. If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect electronic data transmission and shall ensure a secure Internet environment. If the consumer has the option to pay electronically, the trader shall take appropriate security measures. The trader may - within the legal framework - verify the consumer's ability to meet his payment obligations, as well as all facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to conclude the contract, he has the right to refuse an order or an application or to impose special conditions for its execution. The trader shall provide the consumer, together with the goods or services, with the following information in writing or in a manner that allows the consumer to store it in an easily accessible form on a durable medium: The address of the trader's place of business where the consumer may file a complaint the conditions and means under which the consumer may exercise his right of withdrawal, or a clear indication that the right of withdrawal does not apply; Information about guarantees and existing after-sales services; the information referred to in Article 4(3) of these conditions, unless the trader has already provided the consumer with this information before the conclusion of the contract; the conditions for terminating the contract, if the contract has a duration of more than one year or is of indefinite duration. In the case of a contract with a fixed term, the provision of the previous paragraph shall apply only to the first delivery. Each Contract shall be concluded on the condition that the Products concerned are available in sufficient quantities.

    Article 6 - Right of withdrawal When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 30 days. This withdrawal period begins on the day on which the consumer or a person previously designated by the consumer and the representative designated by the trader has received the product. During the cooling period, the consumer must handle the product and its packaging with care. He will unpack or use the product only to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and - if possible - in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader. If the consumer wishes to exercise his right of withdrawal, he must inform the trader within 14 days of receipt of the product. The consumer must do so in writing or by email. Once the consumer has informed the business that he wishes to exercise his right of withdrawal, he must return the product within 30 days. The consumer must prove that he has returned the delivered goods in time, e.g. by a postal receipt. If, after the expiry of the periods referred to in paragraphs 2 and 3, the Consumer has not notified the Trader that he wishes to exercise his right of withdrawal or has not returned the Product to the Trader, the purchase shall be deemed to have been completed.

    Article 7 - Costs in case of withdrawal If the consumer exercises his right of withdrawal, the cost of returning the goods shall be borne by the consumer. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the goods have already been received by the seller or that definitive proof of the complete return of the goods can be provided.

    Article 8 - Exceptions to the right of withdrawal The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is valid only if the trader has clearly indicated it at the time of the offer or at least in time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products which which the trader creates according to the consumer's specifications; which are clearly of a personal nature; cannot be returned due to their nature; which deteriorate or age rapidly whose prices are subject to fluctuations in the financial market that are beyond the control of the Contractor; For individual newspapers and magazines; For audio and video recordings and computer software where the consumer has broken the seal. For hygiene products where the consumer has broken the seal. The exclusion of the right of withdrawal is only possible for services Accommodation, transportation, catering or recreational activities to be performed on a specific day or during a specific period; the delivery of which has begun with the express consent of the consumer before the expiry of the cooling-off period; betting and lotteries.

    Article 9 - The price During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, with the exception of price changes due to changes in Tax rates. Contrary to the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which he has no control, at variable prices. This connection with fluctuations and the fact that all prices mentioned are recommended prices shall be mentioned together with the offer. Price increases within three months after the conclusion of the contract are only permissible if they result from legal provisions or regulations. Price increases from 3 months after the conclusion of the contract are only permissible if the trader has agreed and: they result from legal provisions or regulations, or the consumer has the right to terminate the contract on the day when the price increase takes effect. The place of delivery is the country in which the transport starts according to section 5(1) of the Turnover Tax Act 1968. In this case, the delivery is made outside the EU and the postal or courier company will therefore charge the customer import Tax and/or customs duty. The merchant will therefore not charge Tax. All prices may contain typographical errors. We are not responsible for the consequences of printing and spelling errors. The contractor is not obliged to deliver the product at an incorrect price in case of printing and typographical errors.

    Article 10 - Conformity and warranty The trader guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements for reliability and/or usability and the legal and/or regulatory provisions in force at the time of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal purposes. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may have against the trader based on the contract. Any defects or defectively delivered products must be reported to the trader in writing within 14 days after delivery. The Products must be returned in their original packaging and in new condition. The warranty period of the contractor is the same as the warranty period of the manufacturer. The Contractor is never responsible for the final suitability of the Products for each individual application by the Consumer, nor for advising on the use or application of the Products. The warranty does not apply if: The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party; The delivered products have been exposed to abnormal conditions or otherwise treated negligently or contrary to the contractor's instructions and/or packaging; The defect is due, in whole or in part, to regulations issued or to be issued by the Government regarding the type or quality of materials used.

    Article 11 - Delivery and performance The Contractor is obliged to exercise the utmost care in receiving and executing orders for products. The place of delivery shall be the address notified to the Company by the Consumer. Subject to the provisions of Article 4 of these General Terms and Conditions, the Company shall execute accepted orders without delay, but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer must be informed of this within 30 days of the order, in which case the consumer has the right to terminate the contract free of charge and claim compensation. In the event of termination pursuant to the preceding paragraph, the Trader shall refund the amount paid by the Consumer as soon as possible, but no later than 14 days after the termination. If the delivery of an ordered product proves impossible, the trader will try to deliver a replacement item. The fact that a replacement item will be delivered must be clearly and understandably communicated at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the Contractor. The risk of damage and/or loss of Products shall remain with the Contractor until the moment of delivery to the Consumer or a previously designated and notified representative of the Contractor, unless expressly agreed otherwise.

    Article 12 - Continued activity: duration, termination and renewal Termination The consumer may terminate contracts concluded for an indefinite period of time and covering the regular supply of products (including electricity) or services at any time, subject to the applicable termination rules and a notice period not exceeding one month. The consumer may conclude fixed-term contracts for the regular supply of goods (including electricity) or the provision of services, which he may terminate at any time by giving not more than one month's notice to the end of the fixed term, subject to the applicable termination rules. The consumer may terminate the contracts referred to in the preceding paragraphs. terminate them at any time and not terminate them only at a certain time or during a certain period; terminate them at least in the same way as he terminated them himself; always terminate them with the same notice period that the trader has set for himself. Extension A contract for regular supply of goods (including electricity) or provision of services concluded for a certain period of time cannot be tacitly extended or renewed for a certain period of time. Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be automatically extended for a fixed period not exceeding three months, provided that the consumer has the right to terminate the extended contract at the end of the extension period with a notice period not exceeding one month. A fixed-term contract for the regular delivery of goods or provision of services may be automatically renewed for an indefinite period only if the consumer has the right to terminate the contract at any time with a notice period of not more than one month and not more than three months if the contract is for the regular delivery of daily or weekly newspapers or magazines, but less than once a month. A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) shall not continue to apply during the period of silence and shall end automatically upon expiration of the trial or introductory period. Duration In the case of contracts with a duration of more than one year, the consumer may terminate the contract at any time after the expiration of one year by giving up to one month's notice, unless it is not possible for reasons of reasonableness and fairness to terminate the contract before the expiration of the agreed duration.

    Article 13 - Payment Unless otherwise agreed, the amounts owed by the consumer shall be paid within seven working days after the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period shall start from the moment the consumer receives the confirmation of the contract. The consumer is obliged to notify the operator immediately of any inaccuracy in the information provided or in the itemized bills. If the Consumer fails to pay, the Operator shall be entitled, subject to legal limitations, to charge the Consumer for any reasonable costs determined in advance.

    Article 14 - Complaint Procedure Complaints about the performance of the contract must be fully and clearly described and submitted to the trader within 7 days after the consumer has identified the deficiencies. Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer period of time, the trader shall respond within 14 days, stating that it has received the complaint and when the consumer can expect a more detailed response. If the complaint cannot be resolved through mutual consultation, a dispute arises and is subject to the dispute resolution procedure. A complaint does not suspend the contractor's obligations unless the contractor indicates otherwise in writing. If the Contractor considers the complaint to be justified, it shall, at its discretion, either replace or repair the delivered Products free of charge.

    Article 15 - Disputes Contracts between the Contractor and the Consumer to which these General Terms and Conditions apply shall be governed exclusively by New Zealand law. Even if the consumer lives abroad.