Terms and Conditions
Terms & Conditions
Formation of Contract
When you order (online or otherwise) you are making an offer to buy from us in accordance with these terms and conditions. Payment processing or order confirmation do not amount to acceptance by us. The contract is formed only when the goods are dispatched by the seller. If the goods from one order are dispatched separately, then a separate contract is formed relating to each lot of goods dispatched.
Consumer Guarantees Act
If your purchase is of a type that is subject to the Consumer Guarantees Act 1993 (Act) then:
a) If you’re acquiring the goods (or services) for the purposes of a business then you agree that the Act doesn’t apply. If you buy through a business account you are holding yourself out as acquiring the goods (or services) for the purposes of a business; and
b) If you’re acquiring the goods (or services) for a non-business purposes then these terms will be interpreted subject to the Act and nothing in these terms will limit your rights under the Act.
In either case, we do not provide any Express Guarantees as defined in the Act.
Errors or Omissions
We pride ourselves in getting things right, but sometimes errors and omissions (mistakes) might occur with any of our advertising, quotes, invoices or acknowledgements. If we discover a mistake we’ll let you know promptly, and give you the option of returning the goods for a full refund.
Description of Products
The seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take appropriate action. Mitu attempts to be as accurate as possible. However, we does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Mitu Ltd can offer a full refund at anytime if the correct product is more or cannot be sourced at the price of the un-matching item.
Mitu Ltd get all our products from NZ based suppliers and manufactures. Due to product information and price changes sometimes made by our suppliers or distributors. Mitu Ltd change our prices at any time before accepting an order. Also, we can change our prices without prior notice.
We might send your order in one or more deliveries. You can cancel any part of your order that you are waiting on before it has been dispatched, however, a re-stock fee may apply in certain circumstances. You must cancel in writing.
We quote expected delivery times in good faith but these are estimates and we are not bound by them.
Free delivery applies to most of our items. If we agree to any other method, e.g. Saturday delivery or urgent delivery then you will have to pay the delivery charge.
For more delivery information, please view our Delivery Information page by either clicking the link on the left bottom of the page or just simply click here to view.
Requests to return goods with full refund will be valid within 7 working days after Mitu dispatched items. Returns must be authorized by Mitu Ltd. At its discretion Mitu Ltd may invoke a handling/restocking charge and/or fix the value of goods not returned in original condition. Customer needs to fill in a return form by clicking “Returns” link under CUSTOMER SERVICE section on the bottom of this website. Please include as much as the details about the item you want to us ,including invoice info, warranty info, faulty info, or any other reasons you want to return. We will proceed your return ASAP once we received your submitted form.
For more details of our Return Policy, please view our Return Policy page by either clicking the link on the left bottom of the page or just simply click here to view.
Payments and overdue amounts
We use Eway as our online payment gateway. Our business trading name is MITU LTD. Both Eway and MITU LTD will show up on your bank statement after your purchase using credit or VISA card. We don’t have to provide you any specific goods or services until you have fully paid all money that you owe us. This means that we can apply money you’ve paid on a current order to an earlier unpaid invoice – and you current order may be held up until all the money you owe us has been paid.
On overdue amounts you will have to pay any costs we incur (including debt collector fees and legal fees on a solicitor-client basis).
Out of Stock Products & Back-orders
If a product is ordered but later found to be out of stock the seller reserves the right to put the order on back order and confirm a suggested ETA. with the customer. The customer may ask Mitu to either find and offer an alternative (similar) product (if an alternative option is available) price differences will need to be paid by the customer if the cost is higher or if cheaper the difference refunded by Mitu to the customer or if the E.T.A. is to far offer a full refund to the customer.
You authorize us to use any information we have about you, and to collect information about you, for any reasonable purpose related to our business including: obtaining credit reports, registering security interests, reporting overdue debts to debt collection agencies or credit reporting agencies.
For more information about your right of access to and correction of information held by us please refer to the Privacy Act 1993. Subject to the Privacy Act, a fee for retrieval and correction of information may be charged if appropriate.
You should make sure that the goods or services ordered are fit and suitable for the purpose they are required, because we don’t provide any express or implied guarantee or warranty or make any representation regarding fitness or suitability for purpose, quality, merchant-ability or otherwise. Accordingly, we exclude all liability we might otherwise have to you.
If we are ever held liable to you, our liability is limited to our choice of providing you a refund or replacement.
We will not be liable for any loss of profits or any indirect or consequential loss, even if the possibility of such loss has been brought to our attention.
This clause is subject to any rights you may have under the Consumer Guarantees Act.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mitu Ltd or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Mitu Ltd, with copyright authorship for this collection by Mitu Ltd, and protected by international copyright laws.
MITU LTD grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MITU LTD. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MITU LTD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MITU LTD and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing MITU LTD name or trademarks without the express written consent of MITU LTD. Any unauthorized use terminates the permission or license granted by MITU LTD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MITU LTD so long as the link does not portray MITU LTD, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MITU LTD logo or other proprietary graphic or trademark as part of the link without express written permission.
Any dispute relating in any way to your visit to MITU LTD or to products you purchase through MITU LTD shall be submitted to confidential arbitration in New Zealand, except that, to the extent you have in any manner violated or threatened to violate MITU LTD intellectual property rights, MITU LTD may seek injunctive or other appropriate relief in any state or federal court in the state of New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.