Welcome to the rymator.com website. Please read these terms and conditions carefully. The following Terms of Use govern your use of and access to the Platform and the Services.
By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use the Platform or the Services.
Only customers with a user account may access and use password-protected and/or secure areas of the Platform and/or the Services. You are not authorized to access or attempt to access such areas of the Platform and/or the Services or any other protected information by any means that we have not specifically made available to you for your specific use. Violation of these Terms may constitute a criminal offense under the New Zealand Computer Crime Act (B.E. 2550).
If you are under 20 years of age: You must obtain the consent of your parent or legal guardian. You accept these Terms of Use and agree to be responsible for: (1) your conduct; (2) any charges associated with your use of any Services or purchase of any Products; and (3) if you do not obtain the consent of your parent or legal guardian, you accept and abide by these Terms of Use. You must stop using/accessing the Platform and Services.
Terms and Conditions of Sale
Definitions and Interpretations
The definitions and interpretations in these Terms and Conditions of Sale shall apply to these Terms and Conditions of Sale unless otherwise provided.
Ordering Products
2.1 Conditions You Must Comply With: You agree to comply with all guidelines, instructions, operating rules, policies and instructions regarding the purchase of Products through the Platform, including any amendments thereto, as published from time to time by rymator.com (on behalf of the Sellers, whether in connection with the use of the Platform or the purchase of Products). rymator.com reserves the right to modify such guidelines, instructions, operating rules, policies and instructions at any time, and you will be deemed to be aware of and bound by such changes upon posting on the Platform.
2.2 Product Description: Although the Sellers make every effort to provide accurate product descriptions, if the product you receive differs materially from the description on the Platform that you ordered, rymator.com and the Sellers do not guarantee that such descriptions are accurate, current or error-free. Subject to clause 6 of these Terms and Conditions of Sale, the following terms apply:
2.3 Sellers: Products are sold by the "Seller". Although rymator.com may be the "Seller" of certain Products, "Seller" may also refer to a party other than rymator.com (which party shall be the "Third Party Supplier" for the purposes of these Terms and Conditions of Sale), whether the Products are listed for sale on the Platform by rymator.com or the Third Party Supplier. The Products sold by the Seller to you are subject to a Specific Customer Contract (as detailed in clause 2.6):
2.3.1 For Products sold by a Third Party Supplier, this Contract is between the Third Party Supplier and you directly and exclusively.
2.3.2 For Products sold by rymator.com, this Contract is between rymator.com and you directly and exclusively.
2.4 Placing an Order: You may place an Order by completing the order form on the Platform and clicking the "Submit My Order" button. Sellers will not accept orders placed by any other means. You are responsible for ensuring the accuracy of your order.
2.5 Orders are irrevocable and unconditional: All orders, once submitted through the Platform, are deemed irrevocable and unconditional, and the Seller shall be entitled (but not obliged) to process such orders without your further consent or any further notice or reference to you. However, in certain circumstances set out in Section 8, you may request to cancel or modify an order, and the Seller shall endeavor to accommodate your request on a commercially reasonable basis. However, the Seller shall not be obliged to accommodate any request to cancel or modify an order.
2.6 Seller's Disclaimer on Orders: The Seller shall have the right to decide whether to accept any order at its sole discretion, and each order accepted by the Seller shall constitute a separate contract (such accepted order being a "Customer Contract"). You acknowledge that unless you receive the Seller's acceptance of your order, the Seller shall not constitute a party to any legally binding contract between you and the Seller for the sale of products or other arrangements, and therefore the Seller shall not be liable for any losses arising therefrom. For the avoidance of doubt, the Seller reserves the right to refuse to process or accept any order received from or through the Platform at its sole discretion.
2.7 Termination of the Contract by the Seller due to pricing errors: The Seller reserves the right to terminate the Customer Contract if the Goods on the Platform are priced incorrectly, in which case rymator.com acts on behalf of the Seller
The Seller shall give you three days’ notice of such cancellation. The Seller shall be entitled to cancel the Customer Contract in such circumstances whether the Goods have been dispatched or are in transit and whether or not payment has been requested from you.
2.8 Product Warranty: The warranty for the Goods sold under the Customer Contract (“Product Warranty”) shall be specified by the Seller through the Platform under the “Specifications” tab in the “Warranty Type” and “Warranty Period” fields and shall be subject to the limitations set out in these Terms and Conditions. The Seller shall not be liable for any such cancellation. The warranties and warranty conditions, remedies for breach of warranty or condition or remedies for breach of any other term set out in the Product Warranty shall be in lieu of all other terms, conditions, warranties and conditions, whether express or implied, whether by statute or otherwise, except as expressly provided in such Product Warranty (unless such is expressly prohibited by applicable law). Any other representations or warranties, express or implied, relating to the Goods supplied
2.9 Customer Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, promise, inducement or representation made by or on behalf of the Seller which is not expressly set out in the contract with the Customer, or any description, representation or specification contained in any document (such as a catalogue or public information material) prepared by rymator.com or the Seller. You further acknowledge and agree that the exclusions of warranties, liability and remedies in these Terms and Conditions of Sale and in contracts with customers are intended to spread the risk between the parties by allowing the Seller to supply the Goods at a lower cost or price than it would otherwise be able to do, and you agree that such exclusions are appropriate.
2.10 No representations or warranties: Without prejudice to clause 2.9 above:
2.10.1 No such conditions shall be imposed or deemed to be imposed. No warranty or deemed warranty shall be given or deemed to be given as to the life or durability of the Goods delivered or as to their fitness for any purpose or use under any particular condition, whether or not such purpose or condition is subsequently known or perceived by the Seller.
2.10.2 The Seller shall be solely liable to deliver the Goods in accordance with the general description of the Goods for sale, whether or not any special or specific details are provided or deemed to be provided by law. Any such special or specific details shall be deemed to be the Seller's opinion on such matters. Neither rymator.com nor the Seller makes any warranty as to the quality, state, condition or fitness of the Goods.
2.10.3 rymator.com is not liable for the following measures and actions taken by the Customer or third parties and their consequences: improper remediation of defects; modifications to the goods without the prior consent of rymator.com; additions or insertions of parts; in particular parts not supplied by rymator.com.
2.10.4 The Seller is not liable for any defects caused by improper or wrong use by the Customer or third parties, installation or testing defects, normal wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent movement, improper maintenance, overloading, unsuitable materials and parts, improper use, improper foundations, chemical, electrotechnical/electronic or electrical influences, failure of the Customer or third parties to follow the instructions of rymator.com (whether oral or written), improper use, or modifications or repairs to the goods without the prior written consent of rymator.com.
2.10.5 The Seller shall not be liable for any direct or indirect loss caused to any third party as a result of repairs or remedial work carried out without the prior written consent of rymator.com and the Customer shall indemnify the Seller for all losses resulting from such claims.
2.10.6 If the total price of the Goods is not paid on the due date for payment
2.10.7 The Seller shall not be liable for any defects in the Goods, if any, arising after the applicable warranty period.
2.11 Intellectual Property:
2.11.1 The Customer shall not remove or alter any trademark, logo, copyright symbol, registration number, label, mark or other identifying mark, symbol or legend on any of the Goods except with the prior written consent of rymator.com.
2.11.2 Provide software applications, drivers or other computer programs and/or design details, technical manuals or instructions, drawings