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Our Newsletter


Terms and Conditions


 

1 GENERAL

1.1 In these Terms and Conditions of Trade ("terms"), references to "you" and "your", are references to You the purchaser ("purchaser").  References to "we", "our" and "us" are references to Stanley imports ("SI").  These Terms shall form a contract between the Purchaser and SI (the "parties"), and any Goods or Services supplied to You shall be subject to the terms and conditions set out below, notwithstanding anything that may be stated to the contrary in Your enquiries or Your order.

1.2 "Goods" shall mean anything sold to You by Us, as more particularly described in any one or more of the relevant order forms, packing slips or invoices (or its equivalent, whatever called) relating to those Goods, on the basis that each such document shall be deemed incorporated in, and form part of these Terms.

1.3 “Services” shall mean any use of the site, whether free or paid, such as providing the platform and technology for the purchase and payment of Goods, together with using the site’s blog, RSS news feeds and other information services, together with engaging in other non-information services.

1.4 If You purchase Goods or Services from SI, You shall be deemed to be the Purchaser.

1.5 Whenever You use the website (www.stanleyimprts.com.vu) the "Site", You agree that You shall comply with the current terms and conditions in force.  These Terms may be amended by Us, and such amendments shall replace previous Terms and be effective immediately upon publication of the new Terms on the Site.

1.6 Your account is not transferrable to any third party.

1.7 If any part of a particular contract between the Parties is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining parts of the particular contract which shall remain in full force and effect.

1.8 No failure, delay or indulgence by SI in exercising any power or right under this contract shall operate as a waiver of such power or right, nor shall a single or partial exercise of any such power or right preclude further exercises of that power or right or the exercise of any other power or right under any contract between the Parties.

1.9 All contracts between the Parties shall be governed by and construed in accordance with Vanuatu Law.

 

2 PRICE & ORDERS

2.1 Prices are stated in Vanuatu currency (shown as VT and VUV on the site), and prices may change without notice. The price of Goods ordered will be confirmed on Your Sales Order or Invoice following You placing an order with SI.

2.2 If the price of any Goods has changed from the time You placed the order, SI will advise You and You will have the opportunity to cancel Your order or accept the current price.

2.3 Note, occasionally Goods may be sent to You direct from an approved international supplier. All prices are stated exclusive of taxes, duties and levies, unless otherwise specifically stated to the contrary.

2.4 SI reserves the right to refuse any order or any part of an order.

2.5 SI Goods are only offered on a ‘while stocks last’ basis.  We do not offer rain checks.

2.6 If You elect to pay for Your order by credit card, You may be charged an additional processing fee at the rate advertised on Our Site.  This processing fee is in addition to advertised SI prices and will clearly be shown on any order forms prior to You committing to any order.

2.7 Restricted Goods, will only be sold to Buyers that are legally permitted to buy such Goods.  Proof of age may be required to be produced to SI or any third party of SI to prove that the Buyer is of legal age and permitted by law to make such a purchase. Failure to satisfy this condition may result in the cancellation of Your order.

2.8 The Site will only accept orders from Vanuatu based shoppers and only send Goods to Vanuatu addresses.

 

3 PAYMENT

3.1 Unless You have previously arranged credit facilities with SI, You are required to pay for the Goods in advance and before dispatch.

3.2 Payments received by cheque may be required to be cleared before dispatch of Your order or the granting of services.

3.3 In the case that SI has agreed in writing to extend a line of credit to You, You shall pay for the Goods or services under the specific terms of such credit arrangement.

3.4 SI has the sole right to determine the amount of credit offered to You and may withdraw this offer of credit at any time for any reason.

3.5 Any act of insolvency by You will result in the cancellation of Your credit facility, and all amounts owing to SI shall become due immediately.

3.6 In the event that SI elects to cancel any credit arrangement with You, You agree to pay immediately any amount owing to SI at the time of such cancellation and in the event of You becoming insolvent, Your credit line will immediately be cancelled and all amounts owing to SI will become due immediately.

3.7 You agree to pay for the Goods without deduction or set-off, and agree to pay all government taxes and levies applying to the Goods supplied.

3.8 If full payment is not received on or before the due date, a late payment fee at Our standard rate as advertised on Our Site will be incurred by You (being not less than VT1000.00), and SI reserves the right to charge interest on any overdue amount. Interest shall be calculated at 20% per annum, and such interest charges shall compound on a daily basis on any balance owing until paid in full.  A further late payment fee at Our standard rate as advertised on Our Site will be incurred by You (being not less than VT1000.00) every month, or part month, that the payment is overdue, with interest as an additional charge.

3.9 SI reserves the right to charge You for reasonable legal costs and collection fees incurred on settling unpaid accounts and such costs and fees shall be payable over and above any amount owed to SI.

3.10 You guarantee payment for all purchases made on Your account.

3.11 We may apply any payments received from You or on Your behalf in reduction of the monies owing to Us in such order and manner as We think fit (despite any direction to the contrary and whether before or after any breach of these Terms).

3.12 We may choose to not accept certain payments for Goods or services should the payment method be unacceptable to Us for any reason.

 

4 RISK & DELIVERY

4.1 The Purchaser shall be responsible for insurance and take risk in the Goods from the time the Goods are uplifted from SI by any freight company for delivery to You, or Your nominated agent, whether the freight company was arranged by You or by SI.

4.2 The Purchaser agrees to pay delivery costs. Should additional amounts of freight be required to be paid by the Buyer (due to some unforeseen circumstance), these shall be made known prior to the Goods being sent.  If any additional amount of freight is not agreed to be paid by the Buyer, the order may be cancelled.

4.3 Goods ordered from SI may be delivered separately and shall be considered to be separate orders.

4.4 Any claims for shortages in delivery or damage to the Goods by SI must be made in writing within 5 business days of receiving the Goods. We will not be liable for any claim not received within 5 business days of You receiving the Goods.

4.5 We will use all reasonable efforts to ensure that the Goods are delivered on time, but We shall not be liable for any loss arising from any delay in delivery. Delay in delivery shall not entitle You to cancel the order.

4.6 In the event that We elect to deliver the Goods by installment, each installment shall be deemed to be a separate contract. Each installment of an order shall be paid for on the basis that an installment is a new order.

4.7 We recommend that You consult with Your insurance company to arrange insurance for product in transit.

 

5 TITLE

5.1 Ownership of the Goods supplied to You will remain with SI until SI receives payment in full for the purchase price of the Goods and all other amounts owing to SI for whatever reason.

5.2 If You sell or use the Goods before title in the Goods has passed to You, You agree to hold the proceeds of the sale received by You (in whatever form) in trust for the benefit of SI. SI's interest as beneficiary under that trust shall not exceed all amounts the Purchaser owes to SI.

5.3 Until all monies owing by You to SI have been paid You shall store Our Goods so they are able to be separately identified and You irrevocably give Us and Our agents the right to enter the premises where the Goods are held, to remove any of the Goods supplied and resell them. You agree to indemnify Us (and Our agents) against any liability incurred in connection with such entry and removal.

 

6 SECURITY INTERESTS AND ASSIGNMENTS

6.1 You shall not transfer, assign or create any security interest over, or deal in any manner with the benefit or burden of this Contract without first obtaining Our written consent.

 

7 WARRANTIES

7.1 All Goods supplied to You are subject to the warranties detailed under each product specification page.

7.2 Any warranty claim shall not be accepted by SI if the Goods have been damaged as a result of damage during transit, or have been damaged by mishandling, misuse, improper installation, unauthorized repair or cleaning, modification, used with incompatible hardware or software, have been used on a commercial basis, or have been used outside the operating specifications supplied by SI or the Merchant. 

7.3 In the event of You returning Goods to SI under a warranty claim, the Purchaser shall be responsible for paying all costs, including but not limited to freight, associated with returning the Goods to SI or to Merchant’s.

7.4 You must adhere to Our Returned Merchandise Authority “RMA” process as detailed on Our Site in order to return any Goods for repair, replacement or return.

7.5 Should You have any unauthorised amounts owing to SI, any warranty, by default, is withdrawn and deemed null and void.  Should You pay to SI this unauthorised debt, the warranty will be re-instated for any of the Goods You have previously purchased.

 

8 INTERNET SITE & PASSWORDS

8.1 SI maintains the internet website site www.stanleyimports.com.vu (the "Site") for Your information and to facilitate Your communication and transactions with SI. Your use of the Site is solely at Your own risk.  We recommend that You safeguard Your user name and password.  Never write down Your password.  Never give Your password to another user.  Should it become known by others, You must advise SI without delay, and immediately change Your password on the Site.

8.2 SI assumes no responsibility, and shall not be liable for, any damages stemming from the use of the Site (including access to, use of, or browsing of the Site, or Your downloading of any materials, data, text, images, video or audio data from the Site).

8.3 SI is not responsible or will be held liable for the content of any other site linked to or from the Site. Such links are provided for Your convenience and should not be considered as endorsement of the site owner or sponsor, or the content of such site.

8.4 Materials displayed on the Site are either used with permission or are the property of SI. The use of these materials by You, or anyone authorized by You, is limited to the extent permitted by these Terms and Conditions. Any unauthorized use of the images contained in the Site may infringe upon copyright laws, trademark laws, and laws of privacy and publicity. Trademarks displayed in the Site are the property of their respective owners. Nothing contained in the Site should be construed as granting permission to use any trademark.

8.5 Features and specifications of products described in the Site are subject to change without notice. All Product images are indicative only and may vary from actual products supplied to You.

8.6 Upon the establishment of an account, the Purchaser will be provided with a login identity and a password to enable access to the Site.

8.7 The Purchaser agrees to be solely responsible for storing the login identity and associated password for the Site in a secure manner. You further agree that any order for Goods placed with SI via the Site, where a successful login has been established, will be deemed to be an order duly authorized by the Purchaser.

8.8 SI will only store the encrypted form of Your password (the original form of the password will not be known to SI).

8.9 We do not store Your credit card details, as credit card transactions are processed by secure, approved and verified credit card transaction companies.  These transactions take place in an encrypted environment ensuring the safeguarding of Your important banking details.

8.10 The Account Holder shall not misuse the Site and shall refrain from posting unsuitable material or language on the Site; such as spam, non-approved advertising of any kind, abusive or poor language of poor taste. SI shall determine if such language or actions are inappropriate and shall remedy any breach in any way it sees fit, including closing the account, and/or contacting law enforcement authorities and making available information and data from the Site to assist in enquiries.

8.11 We do not guarantee that You will have continuous access to the Site, due to occasional and unforeseen technical issues occurring, however, We maintain full commitment to uninterrupted service.

8.12 You shall not breach any third party rights or Vanuatu laws.

 

9 RETURNED GOODS & CANCELLED ORDERS

9.1 For Goods qualifying for warranty, Goods will only be accepted by SI after a Returned Merchandise Authority (RMA) number has been issued to You.  The RMA can only be issued to You following Your completion of the RMA application form which may be issued to You from Our service department.  Following Your receipt of the RMA number, You will be authorized to return the Goods to Us for repair or replacement.

9.2 Where the Goods are not being returned due to a fault in the Goods, SI retains the sole right to accept or decline such a request for return, and SI shall have the sole discretion to determine the value of the credit offered on these returned Goods. A minimum re-stocking fee of the greater of 10% of the sale price or Our standard rate as advertised on Our Site shall apply (being not less than VT1000.00), however, this rate is not guaranteed and each case will be considered individually.

9.3 In any event, Goods will not be accepted for replacement where the Goods are not in original condition, original packaging has been opened, or where shrink wrap on packaging has been removed or where the seals on disks are broken, or if the Goods are being returned more than 30 days from the date of invoice.

9.4 The Purchaser is responsible for all insurance delivery costs and assorted taxes/duties/tariffs incurred in returning Goods to SI and in subsequently receiving repaired or replaced Goods.

 

10 LIMITATION OF LIABILITY

10.1 SI's total liability to You shall be limited at SI's option, to repairing or replacing any defective Goods or refunding to You the purchase price of the Goods. SI shall not be liable in any case for Your consequential losses or damages, including loss of profit.  The warranty offered to You at the time of You purchasing the Goods is not transferable to a third person or party.

10.2 Where only SI services are used, such as operating Merchant or Agent accounts, SI shall not be liable in any case for Your consequential losses or damages, including loss of profit. 

 

11 FORCE MAJEURE

11.1 Notwithstanding any other provision of these Terms, but subject to the other provisions of this clause 11, if either You or SI fail to observe or perform any of the covenants, conditions and agreements imposed upon it under this Contract or any Order, and such failure shall have been occasioned by or in connection with or in consequence of Force Majeure, such failure shall be deemed not to be a breach of such covenants, conditions and agreements.

11.2 For the purposes of these Terms, "Force Majeure" means any act of God, confiscation or expropriation, embargo, blockade, insurrection, public mains electrical supply failure, fire, flood, storm, explosion, nuclear accident, sabotage, revolution, riot, act of war whether declared or not, warlike operations, earthquake, slide, epidemic, quarantine restriction, network service failure, the imposition of any import ban, or any other similar cause beyond the reasonable control of You or SI  as the case may be, which prevents, hinders, or interferes with the performance by either of them of their obligations under these Terms.

11.3 Neither Party shall be entitled to the benefit of the provisions of this clause 11 under any or all of the following circumstances:

(a) to the extent that the failure was caused by the contributory negligence of the Party claiming suspension; or

(b) to the extent that the failure was caused by the Party claiming suspension and such Party has failed to remedy the event, and to resume the performance of such covenants or obligations, with reasonable dispatch; or

(c) if the failure was caused by lack of funds; or

(d) unless, as soon as possible after the happening of the event relied upon or as soon as possible after determining that the event was in the nature of Force Majeure and would affect the claiming Party's ability to observe or perform any of its covenants, conditions and agreements, the Party claiming suspension shall have given to the other Party notice to the effect that it was unable by reason of Force Majeure (the nature of which must be specified in the notice) to perform the particular covenants and obligations.

11.4 The Party claiming suspension shall likewise give notice as soon as possible after the Force Majeure shall have been remedied, to the effect that the Force Majeure has been remedied and that such Party has resumed, or is then in a position to resume, the performance of such covenants, conditions and agreements.

11.5 Notwithstanding anything to the contrary in this clause 11, the Parties agree that the settlement of strikes, lockouts and other industrial disturbances shall be entirely within the discretion of the particular Party involved and such Party may make settlement of any such strikes, lockouts and other industrial disturbances at such time and on such terms and conditions as it may deem to be advisable. No delay in making such settlement shall deprive such Party of the benefit of this clause 11.

 

12 INDEMNITY

12.1 You agree to indemnify SI and hold SI harmless from all losses, costs, expenses and fees associated with any breach by between You and SI of a contract between the Parties.

12.2 Accuracy of information and third party reviews published by users of the Site is not guaranteed by SI.

12.3 Links that exist to third party sites should not taken as being an endorsement of such a site, and no liability will be accepted due to the display of material on these third party websites.

 

13 INTELLECTUAL PROPERTY

13.1 All rights to the title and use of intellectual property owned by SI shall remain the property of SI and without limit shall relate to software, trademarks, brands, logos, designs, images, text, website layout and functionality. SI does not permit You any right to the use of such intellectual property.

13.2 You shall not use any copyright material unless You have received explicit permission from SI in writing agreeing to the same.

13.3 You agree not to use any trade marks which are the property of SI or SI's suppliers, nor to use any similar marks or words, or combination of words which may infringe on SI's intellectual property rights or such rights of SI's suppliers without the express written permission of SI. 

13.4 You agree to resell or dispatch all Goods supplied by SI only under the trade mark with which the Goods were supplied.

13.5 In the event that Your account with SI is terminated, You must immediately cease to use any trade mark or intellectual property owned by SI or SI's suppliers, either directly or indirectly in connection with Your business.

13.6 SI may reproduce, copy or distribute any information posted on the Site, whether by You or not, in order to promote the Site and Site content.

 

14 CONFIDENTIALITY

14.1 Each Party has rights and information which is confidential to, and the property of, that Party and information which is confidential to, and the property of, third parties and used and disclosed by SI or SI's suppliers as the case may be under licence from such third party. Such information is referred to below as "Confidential Information".

14.2 For the purposes of this clause 14, the Party supplying Confidential Information is called the "Provider", and the Party receiving the Confidential Information is called the "Recipient".

14.3 All Confidential Information disclosed by the Provider to the Recipient shall be held in confidence and shall not be disclosed unless:

(a) consent is received from the Provider; or

(b) the Confidential Information is in the public domain otherwise than through the act or default of the Recipient, its employees, related companies and contract licensees or is within the knowledge of the Recipient otherwise than as a consequence of this contract or any Order; or

(c) it is necessary for the Recipient to disclose the Confidential Information to discharge a liability whether actual or reasonably perceived under any statute for the purpose of discharging that statutory liability.

 

15 TERMINATION

15.1 Without prejudice to any of Our other rights, including the right to enforce Our security interest in the Goods, SI may terminate any contract and any order under these Terms, without notice to You, if:

(a) the Purchaser breaches any of the terms, conditions or warranties contained in any contract or order under these Terms;

(b) You become insolvent;

(c) a receiver is appointed in respect of Your business or any of Your assets;

(d) You make any assignment or arrangement for the benefit of Your creditors.

15.2 In the event of such termination by SI, SI may cease delivery of any Goods which have not then been delivered pursuant to any contract or Order under these Terms, and may repossess any Goods held by You as fiduciary for SI.

15.3 SI may close Your account for any other reason as determined solely by SI.

15.4 These terms shall continue to have effect after and notwithstanding the termination of any contract under these Terms.

15.5 Termination of any contract under these Terms shall not release You from liability for any prior breach of such contract by You.

 

16 WAIVERS

16.1 No waiver of any provision of these Terms, nor consent to any departure from it by either Party shall be effective unless it is given in writing and agreed to by SI. Any such waiver or consent granted by SI shall be effective in this specific instance and for the specific purpose for which it was given.

 

17 DISPUTES

17.1 Disputes shall be settled in accordance with Vanuatu law in good faith, and if no agreement is reached, the matter shall be referred to arbitration.