Read these terms and conditions carefully before using this website
1. All orders for Goods are accepted by Foxwell NZ subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Foxwell NZ and the customer for the sale of goods
1.2 This website is operated by Foxwell NZ (referred to as "Foxwell NZ”/we/our/us"). As user of this website (referred to as “the customer” "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below:
1.3 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions
1.4 We will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Stahlcar will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Foxwell accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site
Order process
2.00 All orders that you place on this website will be subject to acceptance in accordance with our terms and conditions
2.1 You understand and accept that this is a trade website and that you are either “trade” or “consumer” and the items can be used for either use
2.2 All goods shown on this website are an invitation to treat and not an offer to supply
2.3 We reserve the right to reject any order at our discretion
2.4 Any advice or recommendation given by Foxwell NZ or its employees or agents to a customer is followed or acted upon entirely at the customers own risk
2.5 All responsibility for ensuring that goods are sufficient and suitable for the customer’s requirements rests with the customer
2.6 If the description of any goods contained in any correspondence, invoice or the website varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Foxwell NZ
2.7 Foxwell NZ reserves the right without prior notice to discontinue any goods
2.8 Any published information by us as to the country of origin of goods is an indicator only of the source of supply to the customer and does not constitute a warranty or representation
2.9 While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel in these circumstances and you have already paid for the goods, you will receive a full refund
2.10 Foxwell NZ reserves the right to deliver part orders, or hold orders until all items are available, as required. If any goods are not available within 21 days of the order being placed the customer will be informed and will be offered the option to continue to await delivery, accept an alternative product or cancel the order and receive a refund where funds have been taken

2.11 When you place an order we may send to you an order acknowledgement email detailing the products you have ordered. It is very important to note that this email is not an order confirmation or order acceptance from Foxwell NZ

2.12 We reserve the right to decline to trade with any person or organisation. You confirm that you will not purchase any goods from this website as a “consumer” or for any personal, non-trade or business use
2.13 Acceptance of your order and the completion of the contract between you and us will only take place on despatch to you of the products ordered. Orders accepted by us cannot be cancelled
2.14 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products

2.15 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible
2.16 Any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law
Payment for Orders
3.00 We take payment from your card at the time we receive your order
3.1The price you pay is the price displayed on this website at the time we receive your order
3.2 All goods shown on this website are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods
3.3 To ensure that your credit, debit, or charge card account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made
3.4 All information provided by you will be treated securely and strictly in accordance with the Data Protection Act
3.5 We reserve the right to alter prices at any time. Prior to the conclusion of the contract Foxwell NZ will inform the customer the total amount to be debited
Returns & Warranties
4 Written authorisation for the return of goods must first be obtained from our Customer Sales or Service Department by email. The relevant email addresses are shown on the Contact Us page of this website
4.1 We can only accept the return of faulty or damaged goods. We will not accept any return unless a Returns Number is issued by us and this must be clearly identified on a returns label or the external packaging, and internal documentation when the goods are returned, no markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging
4.2 All returned goods must be sent entirely at the customers own expense and all returns must be received by us within 30 days of the Returns Number being issued and any goods received after that period will be dealt with on an individual basis
4.3 The customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the goods are protected when being returned. The customer must provide us with proof of despatch and a shipping tracking number
4.4 Any defects in the goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by us either by repair or, at our sole discretion by replacement or refund
4.5 Any claim for goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective goods or parts must be made by email to Foxwell NZ (specifying the date of purchase and invoice number) within a reasonable period of time after delivery
4.6 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract
4.7 Warranty seals applied to any goods supplied by us must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the goods will be deemed to have been accepted by the customer
4.8 The warranty period for all goods bought via this website is from the date of purchase if goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by us in writing
Delivery of Orders
5 All orders will be despatched where reasonably practicable within 2-5 business days as the order is received by Foxwell NZ and normally delivered within three – five working days thereafter depending on the order destination
5.1 We shall not be liable to compensate the customer by way of damages or otherwise for non-delivery or late delivery of the goods or for any loss consequential or otherwise arising from non-delivery or late delivery
5.2 The customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority and is responsible for any and all import taxes and duties levied for importation of their goods
5.3 The risk of damage to or loss of goods ordered from us will pass to the customer when the goods are delivered
5.4 The customer must inspect the goods as soon as reasonably practicable after delivery and shall within 2 days of such delivery or receipt give notice to our Customer Sales Department of any apparent physical or delivery damage in the goods
5.5 Queries regarding shortages of goods must be made within 2 days of the delivery date
6. Without exception each customer and or any third party user of any products supplied via this website shall be deemed to have all necessary technical knowledge and requisite skill and competence to use any of the products supplied via this website. Foxwell NZ, including our employees, agents or sub-contractors strictly accept no liability whatsoever or howsoever arising in any circumstances for the use of any products supplied or purchased via this website.
6.1 The customer will be responsible for ensuring the fitness for purpose of the goods for the customer’s application
6.2 To the extent permitted by law, we, Foxwell NZ, accept no liability whatsoever or howsoever arising in respect of any loss, damage or expense arising from any use of any products supplied by us including errors in information or advice provided whether or not due to our negligence.
6.3 To the extent permitted by law, Foxwell NZ shall not be liable to the customer in contract, tort, (including, without limitation, negligence) pre-contract or other representations (unless fraudulent) any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract with the customer, for any indirect, special or unforeseen loss or damage (whether for loss of profit or otherwise), loss of business, savings, goodwill or reputation, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Foxwell NZ, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the customer
6.4 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions when the same is wholly or partly caused whether directly or indirectly by any circumstances beyond our reasonable control
6.5 Notwithstanding all of the foregoing terms and conditions, Foxwell NZ’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by the cufor the product(s) in respect of one incident or series of incidents attributable to the same cause
6.6 We exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
6.7 Our maximum liability to all customers arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud)
6.8 We do not accept liability for the fitness of goods for any business purposes, nor do we accept liability for loss of use of the item or any loss over and above the cost of the item in the event of a claim for breach of warranty or condition

Force Majeure
7. We shall not be liable to the customer or deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any obligations of Foxwell NZ in relation to the goods, provided that the delay or failure was due to any cause beyond the reasonable control of Foxwell NZ
7.1 Without prejudice to the generality of all of the foregoing terms and conditions, the following shall be regarded as causes beyond the reasonable control of Foxwell NZ: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Foxwell NZ or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery
8. Any contract made between us shall be governed by the laws of New Zealand and any dispute between us will be resolved exclusively in the courts of New Zealand. English is the only language offered for the conclusion of the contract
8.1 All headings in these Terms and Conditions on this website are for ease of reference only and shall not affect the construction of any contract between Foxwell NZ and a customer
8.2 Any provision of any contract with Foxwell NZ which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any contract. No waiver or forbearance by Foxwell NZ (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future
8.3 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions or any related contract to any third party
8.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us
8.5 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Foxwell NZ
8.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected

8.7 You may access links to other websites from this website at your sole discretion. You acknowledge and agree that if you choose to enter a linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for the privacy practices of such websites, the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources

8.8 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Foxwell NZ relating to the use of this website - including the order of products - and sets forth the entire agreement and understanding between you and us for your use of this website