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Terms and Conditions

July 2021

The following terms and conditions apply to all purchases from Vickers Marketing from the date specified above, and in respect of any products you may purchase from us after the effective date.

 

How to place an order


You can place an order online at www.vickersfirstaid.com or calling a member of our customer services team on free phone 0800 5 0800 5 or arranging a meeting with one of our mobile sales representatives (if in your area).

 

Payment options


We accept the following payment options Cash, Direct Credit to our bank account, EFTPOS (in store), Credit/Debit Card (MasterCard and Visa). We also offer the Vickers Marketing Ltd Shop Now Pay Later credit facility where payment can be made by Direct Debit or Automatic Payment.

 

Credit


Credit is always subject to our criteria. We may at our discretion refuse credit or otherwise discontinue our trading relationship with you.

 

Right to cancel


If you have purchased a product from us, you have a limited right to cancel the agreement as follows:

You may cancel the Agreement within 10 working days of the date on which you receive a copy of the Agreement. You may notify us in person through a sales representative, by telephone, email, or post, of your intention to cancel.

If you cancel, we will arrange to pick up the products (if applicable). You must take reasonable care of the products for up to 10 working days until we pick up the products.

We will repay in full all money you have paid to us for the products.

 

Consumer protection


Consumer Guarantees Act 1993, Fair Trading Act and other statutory rights we will supply products and services to you in accordance with our obligations at law and with the Consumer Guarantees Act (CGA), Fair Trading Act (FTA), Credit Contracts and Consumer Finance Act (CCCFA) and other applicable laws.

Should any products or services we supply to you fail to meet the statutory guarantees under the CGA or we are in breach of the CGA, FTA or other applicable law in supplying the products or services, we will provide you with the remedies you are entitled to under the CGA and FTA, or other applicable law. Those remedies include being liable to you under the CGA and FTA for reasonably foreseeable loss or damage you suffer arising from the failure of the products or services.

Nothing in any Agreement or these terms conditions is intended to have the effect of contracting out of the CGA, FTA or other statutory right that you may have at law. Nothing in these terms and conditions, including under clause 6 below, limits your rights or your access to remedies from us, or limits our liability to you under the CGA or FTA.

 

Liability


This clause is only intended to apply where you are not entitled to remedies under the CGA, FTA or other applicable law. Where you are not entitled to remedies under the CGA, FTA or other applicable law, then our liability to you is limited to: a. repairing or replacing products; or b. an amount equivalent to the purchase price of the products, where our liability arises directly or indirectly from any breach of our obligations under these terms and conditions, and we will not be liable for any consequential, indirect, or special damage or loss of any kind.

Please contact us in the first instance if you think your products are faulty or defective or that we otherwise have any liability to you.

 

Delay


Except as required under the CGA or FTA, we shall not be liable for any delay in supply or delivery occasioned by events beyond our reasonable control including strike, lock out, Act of God, delays in transit, legislative, governmental, or other prohibitions or restrictions, fire, flood, hostilities, or other causes beyond our reasonable control.

 

Property and title in products


The products remain our property, and title to the products will not pass to you, until all amounts due in respect of the relevant products under the applicable Agreement have been paid in full.

 

Risk, delivery and damaged products


You are responsible for the products, including for any damage to the products, from the time the products are delivered to you.

If products are damaged in transit, please notify us immediately by calling our Customer Service Centre 0800 5 0800 5 or email [email protected] so we can organise a replacement. If the parcel arrives and it is apparent that the packaging has sustained damage, please try first to refuse delivery from the courier driver. Delivery shall be complete on arrival of the products at the address specified by you and we will not be liable for any items missing or damaged after they have been delivered to this address and opened by you, except where  you open the package after delivery and discover damage inside the package that was not apparent on delivery or you open the package after delivery and discover a product is missing, In such instances you should  take a picture of the damaged product or the packing slip together with the number of products shipped (identifying that a product is missing), together with the original packaging and email this to [email protected] within one week of your receiving the products. In the case of damaged or incorrectly supplied products, we will arrange for a replacement or refund.

Risk shall pass to you on delivery of the products to the address supplied by you. You shall be responsible for any necessary assembly and installation. We only supply to residential addresses within New Zealand. Please confirm the correct delivery address for your order as we may not be able to change these details after the order has been placed. We do not take responsibility for orders that are missing due to incorrect information given by you. Delivery to rural addresses may take longer than expected due to events out of our control. We will endeavour to deliver products in a timely manner, but we will not be liable for late delivery. Please notify us within 14 days following the dispatch date of your order if you have not received an item. Delivery charges are from $15.00 - $25.00 for standard courier service or up to $100.00 for larger (truck) deliveries such as BBQ & Tramps, timescales vary depending on the type of product ordered and the location of the delivery address. For customers in rural areas, where your order is being sent to a rural address it will be delivered by a rural delivery courier. Please ensure that you check your mailbox and your front doorstep within the next 3 working days for North Island and up to 5 working days for South Island. Delivery time will generally not exceed 15 days. The rural delivery service does not offer receipt confirmation and a signature cannot be obtained. Please note, if your delivery goes missing, Vickers Marketing cannot pursue any entitlements to reclaim your item with the couriers.

As an alternative your order can be delivered to a local pick-up point for collection. Should you wish to send your order to a pickup point this will need to be confirmed at the time of placing your order. Please note that photo identification is required for orders retrieved from collection points. Delivery time will generally not exceed 15 days. If no one is at home when the delivery is made the courier will leave a card for you to arrange to pick it up at their local office. Your order may be signed for by any individual at the delivery address on file and delivery can only be made to a physical address, not a P. O Box.

 

Products not available/back orders


Where the supply of your ordered product(s) is delayed or prevented for reasons beyond our control we will make every effort to keep you informed but shall be under no liability to you for such a delay. We will contact you to inform you of the delay and, if applicable, discuss whether any alternative products are available. Should you wish to cancel your order because of the delay we will refund the amounts you have paid to us toward the purchase price of the relevant product.

 

Returns


If you were sent the wrong products, or the products are faulty, then contact us and we will exchange or replace your product (unless the fault cannot be remedied or is of a substantial character, in which case you have rights under the CGA to return the product for a refund). We will accept returns if you change your mind but only if you return the product within 10 days of delivery and the products are in the same condition in which they were originally delivered. Where you return any products to us because you have changed your mind, or where the products are not defective or faulty, we reserve the right to charge you the full freight cost of the return of those products. If you need to return a product for any reason, please call us on 0800 5 0800 5 and we will confirm arrangements and advise if any charges are applicable.

 

Warranties


Our products may come with a manufacturer’s warranty, in addition to your rights under the CGA (Consumers Guarantees Act). You should be aware that most manufacturer’s warranties, and your rights under the CGA, will not apply where:  the product has been incorrectly installed,  you or someone else has damaged the product, the product has not been used or maintained according to manufacturer’s instruction, the product has been misused, not used for normal domestic purposes or you have failed to follow any product user guide supplied with the product (including where you have failed to complete any required maintenance for the product such as software updates, regular cleaning or changing the filters), the defect is caused by accident, neglect, misuse or an Act of God or you have tried repairing the product yourself or used a non-authorised repair agent.

If the issue is not covered by the CGA or the warranty supplied with the product, we may arrange for a quote for the full repair cost to be submitted for your approval. There may be an assessment fee charged by the repair agent, and this will be payable by you should you choose to not proceed with the repair.

 

Collection of customer information


You authorise us to collect, retain and use your personal information that you give to us (including in the Agreement) and which we may collect from third parties for the following purposes: determining your ongoing creditworthiness (we may share your personal information with companies which carry out credit check services), administration and enforcement of any Agreement which you have with us,  marketing and promoting our products and services to you and market research. We may also collect your personal information through recording your calls to us, including telephone sales. We may use those recordings for training and for verification purposes. We collect and use your personal information to verify your identity, including your driver’s licence number, passport number or other identity information. We may disclose that personal information to third party providers to carry out such identity verification. We may carry out identity verification at any time during the term of your Agreement. Information that you provide to us must be true, complete, and correct.

If you decide not to provide some or all personal Information to us, we may not be able to provide our services to you. You may request access to, and ask for correction of, any personal information we hold about you at any time. Where possible, we will collect personal information directly from you, but otherwise it may be provided by others, including but not limited to, a credit reporter (as that term is defined in the Credit Reporting Privacy Code 2004). If you wish to obtain credit from us then you authorise us to collect, retain and use your personal information from our credit reporters for any of the purposes noted in this paragraph. Where you obtain credit from us, we may collect contact details from your next of kin which we use for the purpose of contacting you if we cannot contact you using the contact details you have provided us. We may collect personal information about you from those next of kin where we cannot contact you.

 

Disclosure of customer information


We may provide your personal information to our employees, related companies and our agents in the ordinary course of business, for any of the purposes noted above, credit reporters and credit agencies where you apply for credit from us and any person to whom we may sell or assign any part of our business including debt collection agencies or other contractors we may use from time to time. Your personal information provided to a credit reporter will be held by the credit reporter on its system and used to provide its credit reporting service and update its credit reporting database. When other customers of the credit reporter use its credit reporting service, the credit reporter may give your personal information to those customers. If you default in your obligations to us, information about that default may be given to the credit reporter, and the credit reporter may give information about your default to other customers of the credit reporter. We may continue to use the credit reporter’s services during the term of our Agreement(s) with you for purposes related to the provision of credit to you including receiving updates (if any) of personal information held about you.

 

Security


It is your responsibility to protect your account details and password/s. Vickers Marketing will not be liable if someone else uses your account details to access your account. To safeguard your account details, including your password, do not share these with anyone else, or write these down anywhere that can be easily accessed by another person.

 

Complaints


If you are not satisfied with the service you receive from us in the first instance you should contact us directly. We have an internal complaints process and undertake to investigate your concerns promptly and fairly. You may contact us to make a complaint by telephone on freephone 0800 5 0800 5 or by email on [email protected]. We are a member of an independent dispute resolution scheme operated by Financial Services Complaints Limited (“FSCL”). If you are not satisfied by our response, you may refer the matter to FSCL by emailing [email protected] or calling FSCL on 0800 347 257. Full details of how to access the FSCL scheme can be obtained on their website www.fscl.org.nz. There is no cost to you to use the services of FSCL.

 

Financial service provider


Vickers Marketing Ltd is a registered financial service provider. Our registration number is FSP518306.

 

Waiver


We shall not be deemed to have waived any right or condition under these terms and conditions or an Agreement unless the waiver is in writing. Any such waiver will apply only to the particular dealing in respect of which it was given and not operate as a variation or modification of any Agreement. No delay by us in exercising all or any of our rights, remedies, and powers as a result of a breach by you of any covenant, condition or agreement will operate as a waiver of the breach or prevent us from exercising at any time all or any such rights, remedies or powers.

 

Variation of these terms and conditions


We may vary these terms and conditions from time to time. We will give you reasonable notice of any changes to these terms, update the terms on our website, and the varied terms and conditions will only apply to new sales and new agreements entered into after the date of variation. We may vary certain features of your shop now pay later account in accordance with the following:

 

Shop Now Pay Later


Agreements are governed by the Credit Contracts and Consumer Finance Act (CCCFA). Direct Debit and Automatic Payment Authorities. If you elect to take advantage of our credit facilities, you are required to sign an Automatic Payment form or provide authority for us to accept Direct Debits. The payment authority must remain active until all amounts owing by you to us have been paid in full. If the authority to accept Direct Debits or Automatic Payment direction is terminated before the completion of all payments on your account, then you agree to provide a new authority for us to accept Direct Debits or Automatic Payments to ensure the payments continue and the contract for the purchase of products from us is satisfied in full. We will not be liable for any bank fees (including dishonour fees) charged by your bank.

 

Payments


If the scheduled day for your payment falls on a day where banks do not process payments (e.g., a public holiday) then we will debit your account earlier than the usual due date (usually the last business day proceeding the holiday) A payment to us is not regarded as having been received until we have your bank’s confirmation that the payment will not be reversed which can take up to 3 working days.

 

Credit balances


If paying by automatic payment you will need to contact your bank to stop payments in our favour. If your account, then goes into credit for any reason or you have not responded to attempts to contact you we will endeavour to have your payments stopped directly with your bank which may incur up to $10.00 processing fees. Once payments are confirmed stopped, we will refund any credits back into your bank account. you will credit that payment against any amount otherwise owing by you to us. 

 

Fees

(a) Missed Payment Fee $0.00

(b) Field Visit Fee $50.00 and where you have defaulted on the repayments, and we are required to conduct a field visit at our discretion to discuss your account. The fee for this field visit will be charged to your account.

(c) Account Maintenance Fee $0.00

(d) Interest 20% pa on late payment(s).

(e) Account in credit processing fee $10.00 (if applicable).

(f) Courier delivery flat rates $15.00 up to 5kg, $25.00 up to 15kg, Larger items are generally trucked, and standard delivery is $75.00 - $100.00

 

Fee administration


Where a fee is payable pursuant to any Agreement or these terms and conditions, we have a right in our discretion to accept a lesser or no fee.

 

Payments


Payment for any products purchased on Shop Now Pay Later will be by Direct Debit or Automatic Payment as set out in the relevant purchase agreement or as otherwise agreed with us. If you do not make a payment on or by its due date, then we may suspend your access to further credit until we receive regular payments from you.

 

Cancellation


Where you have purchased Shop Now Pay Later products you have rights under the CCCFA to cancel the agreement. You must give notice of cancellation within 10 working days after the date you received your purchase agreement and disclosure form. To cancel you must advise us you intend to cancel the Agreement by contacting our Customer Service Team on 0800 5 0800 5, completing and returning the cancellation section on your purchase agreement or emailing the notice to [email protected]. If you have made any payments towards the goods, you cancel these will be transferred to any existing monies you may owe us, be refunded in full if you do not have the goods or we will refund in full once goods have been received back in appropriate condition.

 

New customer


If you are a new Shop Now Pay Later customer, we will deliver the products to the address specified by you once the agreed payment conditions set out in the Agreement are met.

 

Continuing disclosure


At your request or at least every 45 working days we will make available to you a statement relating to your account.  Such disclosure will be given in accordance with the CCCFA. If you have elected to receive your continuing disclosure statements by accessing our website, your continuing disclosure statement will be made available to you on this website.

 

Interest


Annual interest rate for your is set out in fees section.

 

Prepayment


You are permitted to make prepayments at any time towards any future purchase from us. We will not impose any charge for any prepayments made however we are not a bank so you cannot prepay if you do not intend to purchase at a later date as a processing fee of not more than $10.00 may apply if we are required to refund you on more than one occasion.

 

Breach of contract


All reasonable costs incurred by us (including legal fees and administrative costs) in relation to the recovery of amounts outstanding and the enforcement of our rights under any Agreement or these terms and conditions will be charged to you and form part of the balance owing on your Home Direct Lifestyle Account. In respect of your credit limit, interest charges are calculated by multiplying the unpaid balance under your credit limit at the end of each day by a daily interest rate. The daily interest rate is calculated by dividing the annual interest rate by 365. Interest will be charged to your account on the last working day of each month and will be added to the outstanding balance.

 

Refunds of credit balances


Should your account be in credit due to overpayment, or the return of goods please contact us to arrange for a refund of the outstanding balance.

 

Security interest


In respect of any agreement relating to your account you hereby acknowledge that the agreement creates a security interest in the products as security for your obligations to us under the agreement or, where the products are the following consumer products, a security interest as security only for the purchase price of the products: beds and bedding, cooking equipment, medical equipment, portable heaters, washing machines, refrigerators, or any other consumer products specified under the CCCFA.

You will not permit any security interest or possessory lien to be registered or exercised in respect of any products you have purchased, you must at our request, promptly execute and deliver any documents or do anything else required by us to ensure that the security interest created under the agreement constitutes a perfected first ranking security interest (as that term is defined in the PPSA) over the products, including providing us with any information we reasonably require to complete a financing statement or a financing change statement for registration on the PPSR, including promptly providing us with details of any change in your address. You will pay all costs incurred by us (including costs on a solicitor-client basis and debt collector’s cost) in the protection or preservation of our security interest, the recovery or attempted recovery of outstanding monies and the enforcement of these terms and conditions and the security interest contained in your Agreement.

You waive any right to receive a copy of the verification statement under the PPSA and agree to the extent permitted by law that nothing in sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA shall apply to these terms and conditions; and b. your rights as debtor in sections 116, 120(2), 121, 125, 127, 129 and 131 of the PPSA shall not apply to these terms and conditions.

 

Change of address/telephone number


It is your responsibility to advise us of any changes in your contact information that we hold about you on our database.

 

Age restriction


We cannot provide credit for the purchase of product to anyone under the age of 18 years.

 

Account(s) in arrears


In the event that you are in arrears of payment of any moneys due to us, we shall be authorised to close any account in debit and combine with any other account you may have with us or one of our companies.

 

Notices/electronic disclosure to you


Subject to any other period imposed by law, you will be deemed to have received any notice we give you five days following the posting date of such notice. We will send any notices to you at the last address we have for you on our records. You hereby consent to receiving disclosure or other information required to be provided to you by us under the CCCFA or otherwise being disclosed in electronic form and by means of electronic communication (e.g. by email or text message), including electronic communication which provides you with information to allow you to access any disclosure or other information from a website or by means of the Internet or by providing you with access to a website whereby you can access any disclosure or other information required to be provided to you by us under the CCCFA or otherwise.

 

Authority to act


An “Authority to Act” form enables someone else to Shop or enquire on you on your account but does not change any payment arrangements. The third person cannot make changes to direct debit frequency or amounts. To provide someone with an Authority to Act call us on 0800 5 0800 5.

 

Hardship


Vickers Marketing Ltd realises the unforeseen happens so if you are unable to reasonably keep up with your payments or other obligations because of illness, injury, loss of employment, the end of a relationship, or other reasonable cause, we are happy to discuss alternative options with you and in the first instance you should contact us directly on 0800 5 0800 5 or email [email protected]

 

Termination of agreements


Except as otherwise prohibited by law and without liability on our part we shall have the right to terminate any Agreement (so far as it remains unperformed) wholly or in part and all sums outstanding shall become immediately due and payable to us if: You materially breach a material term of an Agreement and fail to remedy that breach within 20 working days of our notice to you (or such longer time as is reasonable in the circumstances) or you become bankrupt.

 

Assignment


The rights and obligations contained in these terms and conditions and any Agreement are entirely personal to you and as such you may not assign or transfer such rights or obligations to any other person. You shall not at any time part with possession of any products purchased from us where any amounts remain owing on such products. We may assign all our rights and powers under these terms and conditions and any Agreement and if we do so, then all Agreements will continue the same terms, except that the amounts due under any Agreement will be payable to the assignee and not us. We will give you at least one month’s notice of any assignment by us.

 

Variation of an agreement


Not withstanding our obligations as a responsible lender we may vary the interest rate, fees, or charges under any Agreement from time to time. If we do vary the interest rate, fees, or charges we will provide you at least one month’s notice in advance of any such changes and provide such disclosure as is required under the CCCFA in respect of the effect of those changes.

 

Glossary


“Agreement” means any agreement you may from time to time enter into with us by signing an Disclosure Form or any Customer Variation Form and these terms and conditions are deemed to be incorporated into each Agreement. Vickers Marketing Ltd “we” or “us” means Vickers Marketing Ltd or related company, its successors and assigns and anyone else claiming through Vickers Marketing Ltd. “CCCFA” means the Credit Contracts and Consumer Finance Act 2003, and includes any regulations under it.“CGA” means the Consumer Guarantees Act 1993.“PPSA” means the Personal Property Securities Act 1999.“PPSR” means the Personal Property Securities Register as maintained by the Registrar of Personal Property Securities. “Payment Schedule” means the schedule of payments set out in any Agreement or the invoice setting out the required payment in the Agreement. “You” means the person(s) named as the customer in any Agreement and if more than one each of them jointly and severally and includes your executors, administrators and successors and any permitted assignee of your rights under any Agreement. Any person signing on behalf of you covenants that they have the full authority to do so. All headings set out above are for convenience only, and do not affect the interpretation of the terms and conditions themselves. References to parties are references to us and you. References to any statute shall be deemed to be references to the statue as from time to time amended and includes provisions that substantially correspond to those referred to.

 

Download the Master Terms and Conditions HERE

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