Website Terms of Use
DKM Fishing & Marine Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY DKM Fishing & Marine YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in DKM Fishing & Marine's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and DKM Fishing & Marine (References to "you" or "your" shall relate to a customer of DKM Fishing & Marine or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "DKM Fishing & Marine" shall relate to DKM Fishing & Marine and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations. If you do not agree to this User Agreement, as it may be changed by DKM Fishing & Marine from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, New Zealand copyright law and international treaties. This Site is controlled and operated by DKM Fishing & Marine from its offices within New Zealand. DKM Fishing & Marine makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of New Zealand. You consent to jurisdiction of the New Zealand courts to hear any such claims.
Access, Interference and Linking
DKM Fishing & Marine grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of DKM Fishing & Marine.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by DKM Fishing & Marine; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by DKM Fishing & Marine.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray DKM Fishing & Marine, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DKM Fishing & Marine logo or other proprietary graphic or trademark as part of the link without express written permission.
DKM Fishing & Marine does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by DKM Fishing & Marine or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of DKM Fishing & Marine or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without DKM Fishing & Marine 's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DKM Fishing & Marine BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF DKM Fishing & Marine OR A DKM Fishing & Marine AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with DKM Fishing & Marine, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. DKM Fishing & Marine reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to DKM Fishing & Marine
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by DKM Fishing & Marine for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, DKM Fishing & Marine is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to DKM Fishing & Marine or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
DKM Fishing & Marine
49 Belgium Street
Waiuku Auckland, 2123
Phone: 09-235 2777
Fax:
Email: sales@dkmfishing.nz
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
DKM Fishing & Marine Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH DKM Fishing & Marine. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and DKM Fishing & Marine. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "DKM Fishing & Marine" shall relate to DKM Fishing & Marine and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and DKM Fishing & Marine relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by DKM Fishing & Marine. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting DKM Fishing & Marine at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF NEW ZEALAND. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE NEW ZEALAND COURTS LOCATED IN AUCKLAND, FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by DKM Fishing & Marine is DKM Fishing & Marine's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
Export Sales
DKM Fishing & Marine Limited operates in New Zealand only and does not sell or ship products to any other countries.
General Legal Disclaimer
DKM Fishing & Marine HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY DKM Fishing & Marine IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
Third-Party Products
All products sold by DKM Fishing & Marine are third party products and are subject to the warranties and representations of the applicable manufacturers.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, DKM Fishing & Marine reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
While DKM Fishing & Marine uses reasonable efforts to include accurate and up-to-date information on the Site, DKM Fishing & Marine makes no warranties or representations as to the Site's accuracy. DKM Fishing & Marine assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
DKM Fishing & Marine WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. DKM Fishing & Marine WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, DKM Fishing & Marine IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), DKM Fishing & Marine's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon DKM Fishing & Marine until accepted by DKM Fishing & Marine. Terms of payment are within DKM Fishing & Marine's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. DKM Fishing & Marine may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Freight Policy
Shipping and handling charges on all orders vary; contact your DKM Fishing & Marine account manager for our most current and competitive rates, options and shipping prices. We will use NZ Couriers and Fastway to deliver your products. We offer a Click & Collect option not no charge.
We ship local NZ ONly and to the address you provide. All shipping quoted is week day deliveries and standard sertvice.
Return Policy
REFUNDS | RETURNS | REPAIRS
All sales are final. No Refunds. DKM Fishing reserves the right on a case by case basis to do a refund, accept a return or offer a repair service.
In accordence with the New Zealand Consumers Guarentee Act https://www.consumerprotection.govt.nz/
Credit Cards
Credit card charges are processed online after ordering the products and/or services in NZD. DKM Fishing & Marine will appear on your credit card statement.
All purchases will be shipped within 1 to 2 days after payment is recived.
All Credit Card information is securly used for processing your transaction only. If information is taken over phone then personal information & card details will be secured under lock and key until used and destroyed once used.