Legal Research - Terms of Sale
Orders
1 Legal Research reserves the right to accept or decline, in whole or in part, any order placed by You. In such instances, Legal Research will refund the Contract Price to You by depositing the full amount onto Your credit card within one month of the initial purchase.
2 You will pay all relevant freight and delivery charges in respect of delivery of the Goods. Where applicable, this price will be added to the Contract Price prior to purchase.
3 Subject to clauses 19 to 21 and stock availability, Legal Research will endeavour to dispatch orders received for purchases of hard copy books, issues of the New Zealand Law Review and all other Goods requiring physical delivery within:
3.1 five Business Days for New Zealand addresses; and
3.2 10 Business Days for all other international addresses.
Delivery
4 Subject to clause 5, all Goods will be delivered by the carrier nominated by Legal Research at Legal Research's absolute discretion to the place nominated by You.
5 Delivery shall be made by the route and method Legal Research considers appropriate to the place indicated on the order form or, if no place of delivery is specified, delivery shall be made at Legal Research's premises and shall take place at the time when the Goods are made available for despatch at Legal Research's premises. If You fail or refuse, or indicate to Legal Research that You will fail or refuse, to take or accept delivery, then the Goods shall be deemed to have been delivered when Legal Research was willing to deliver them.
6 Any request by You for urgent despatch or any request by You for a more expensive delivery method or route, will be at Legal Research's absolute discretion. Legal Research reserves the right to charge an additional fee of an amount determined by Legal Research at its sole discretion to meet that delivery request.
7 Non-receipt of any of the Goods must be notified within 15 days of the date of purchase, otherwise credit for such Goods will not be allowed.
8 Legal Research reserves the right to deliver the Goods by instalments and each instalment shall be deemed to be a Contract. Should Legal Research fail to deliver or make defective delivery of one or more instalments this shall not entitle You to vary its initial order.
9 Without prejudice to any other rights and remedies which it may have, Legal Research may charge storage and transportation expenses if You fail or refuse to take or accept delivery or indicate to Legal Research that it will fail or refuse to take or accept delivery at the time specified in the Contract or at any other times that Legal Research is able to deliver the Goods.
Price
10 Unless otherwise agreed in writing by Legal Research, payment shall be made by You at the time of purchasing the Goods on the Website using an authorised credit card. For the avoidance of doubt, payment will be processed by Legal Research and/or the relevant credit card payment solution provider at the time of purchase of the Goods.
11 Legal Research uses the DPS Payment Express Gateway to process its online credit card transactions. DPS processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service. In relation to the credit card payment please note that:
(a) The name that will appear on Your credit card statement is LEGAL RESEARCH.
(b) Legal Research does not have access to Your full card number, this credit card payment is secured by DPS.
(c) DPS have bank grade security and all transaction details are stored in their PCI-DSS compliant Data Centre.
(d) DPS Payment Express Software is certified with over 200 banks globally.
(e) For information on online credit card payments please visit www.paymentexpress.com.
12 All prices are in New Zealand dollars and are subject to change by Legal Research without notice to You.
13 Legal Research shall only be responsible for compliance with regulations, bylaws, codes and standards specified in the Contract and Legal Research shall be under no liability whatsoever to You for any failure to meet any other regulations, bylaws, codes and standards. In the event of there being any changes in any regulations, bylaws, codes or standards with which Legal Research is obliged to comply after the date of the Contract, then any additional costs in meeting such changes shall be to the account of You.
14 Legal Research may at various times offer promotions which carry special conditions for qualification. These may include, among other things, quantity of purchase, time periods or the quoting of special codes when ordering. If the conditions are not satisfied, normal pricing will apply.
15 Any additional payments due by You pursuant to any other provisions of the Contract shall be paid at the time provided in the Contract or, if no time is provided, within seven days of payment being demanded in writing by Legal Research.
Returns
16 To the extent permitted by law, once You have taken delivery of any goods purchased on the Website, no refund or return will be available to You. For conference and event registrations, refunds will be made to You by Legal Research if notification is received by Legal Research no later than three Business Days prior to the date of the event.
17 Notwithstanding clause 16, Legal Research reserves the right in its absolute discretion to decline any request by You for a return or refund of the Goods.
Risk
18 The risk in Goods purchased shall, unless otherwise agreed in writing, pass to You upon delivery to You or to Your agent or to a carrier commissioned by You.
Delay
19 If any time for the delivery of the Goods or completion of the Contract or any part thereof shall be stated in the Contract, such time shall be approximate only and shall not be deemed to be of the essence of the Contract.
20 Legal Research shall not be liable for failure to process orders or failing to deliver the Goods or for any delay in delivery of the Goods where such failure or delay is caused by a Force Majeure event or any cause beyond Legal Research's reasonable control.
21 If the manufacture, supply or delivery of the Goods is delayed by reason of or as a result of any act, omission, default or request by or on behalf of You, Legal Research may, without prejudice to its other rights and remedies, require payment by You of such portion of the Contract Price as represents the extent to which Legal Research has performed the Contract or carried out work required by the Contract up to the date such payment is required together with any expenses or additional costs incurred by Legal Research as a result of such delay. In the event of such delay continuing beyond a reasonable time, Legal Research may, without prejudice to its other remedies, terminate the Contract.
Warranty and Liability
22 The Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Sale of Goods Act 1908 and other statutes together being mandatory consumer protection legislation may imply warranties or conditions or impose obligations upon Legal Research which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any of these implied warranties, conditions or terms imposed on Legal Research, Legal Research's liability is, where it is allowed, excluded or if it is not able to be excluded will only apply to the minimum extent required by the relevant statute or as otherwise expressly stated in these terms and conditions.
23 Legal Research accepts no liability or responsiblity of any kind for any defect with the Goods (including in manufacture or faulty workmanship) nor for any loss or damage whatsoever suffered (including, but not limited to, indirect or consequential loss) which is suffered or sustained in connection with the Goods in any way to the fullest extent allowable by law.
24 You agree to indemnify Legal Research and its officers, directors, agents, advisers and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs and any GST payable in relation to any of the foregoing (except to the extent that Legal Research obtains an input tax credit for such GST) that Legal Research or any of its officers, directors, agents, advisers or employees incurs or suffers, as a direct or indirect result of a breach of these Terms of Sale by You.
Intellectual Property
25 The contents of this Website is the intellectual property of Legal Research and all rights are reserved.
26 You acknowledge and agree that all trade marks, patents, copyright and other intellectual property rights in or relating to the Goods belong to and are property of Legal Research and/or its affiliates or respective owners of such intellectual property rights as may be indicated by Legal Research (Rights Owners) and You will not and will not attempt to directly or indirectly make any claim in the rights in the intellectual property in any of the Goods;
(a) any attempt reproduce, copy or otherwise redistribute the Goods is prohibited and You shall take no actions to reproduce, copy or otherwise redistribute the Goods, without the prior written consent of Legal Research; and
(b) You will not, and You will not do anything to enable or facilitate any other person to, do anything or deal with the Goods in any way that infringes, impairs or otherwise diminishes the intellectual property rights of Legal Research and/or the other Rights Owners.
27 The brand names, logos and related tag‑lines appearing on this Website are trade marks of Legal Research. The use or misuse of these trade marks or any other materials, except as permitted in these terms and conditions, is expressly prohibited.
Contract
28 The Contract forms the basis on which Legal Research supplies and sells the Goods to You. Each such supply and sale shall be effected pursuant to the terms of the Contract (unless in any specific case agreed otherwise in writing). Any invoice or other document evidencing or describing any Goods is incorporated into and forms part of the Contract.
Waiver or variation
29 If Legal Research exercises or fails to exercise any right or remedy available to it, this shall not prejudice Legal Research's rights in exercising that or any other right or remedy.
30 Legal Research reserves the right to vary or add to these terms and conditions of sale at any time without notice.
No Assignment or on‑sale
31 You must not transfer or assign its rights under the Contract to anyone else without Legal Research's prior consent in writing.
32 In addition, You must not on‑sell the Goods to anyone else without Legal Research's prior consent in writing.
Law and jurisdiction
33 The Contract shall in all aspects be deemed to be a Contract made in New Zealand and the construction, validity and performance of the Contract shall be governed by New Zealand law. The exclusive jurisdiction of the New Zealand courts to entertain all claims and actions arising out of the Contract is accepted and acknowledged by You provided however that Legal Research shall be entitled to commence any action arising out of or in respect of the Contract in any other court.
Interpretation
Business Day means a day other than Saturday or Sunday on which all banks are open for business generally in Auckland, New Zealand.
Contract means these terms and conditions of sale themselves together with any and every invoice or other document evidencing or describing, whether by item or kind or otherwise, any Goods.
Contract Price means the price of the Goods as set out in Legal Research's invoice inclusive of GST.
Force Majeure Event includes an act of God, strike, lockout, other industrial disturbance or labour difficulty, war, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, lightning, storm, flood, fire, earthquake, explosion, embargo, unavailability of any essential equipment or materials, unavoidable accident, lack of transportation, or anything done or not done by or to a person, except the party relying on force majeure.
Goods means all Legal Research products available for purchase on the Website including, but not limited to hard copy books and issues of the New Zealand Law Review, New Zealand Law Review subscriptions online or print, conference papers, conference and event registrations, and Legal Research memberships.
GST means goods and services tax imposed under the Goods and Services Tax Act 1985.
Legal Research means Legal Research Foundation Incorporated, Incorporation Number 223679 and Charity Registration Number CC30053 and includes Legal Research's successors and assignees.
You means the person purchasing the Goods from Legal Research pursuant to the Contract, including that person's successors and assigns.
Website means www.legalresearch.org.nz.
References to the Consumer Guarantees Act 1993, the Privacy Act 1993 or the Sale of Goods Act 1908 include such legislation from time to time amended, re-enacted or substituted and any statutory instruments, regulations and orders issued under such legislation.
