Terms and Conditions

Welcome to Gold Whisper. By accessing and using our website or purchasing from us, you agree to the following terms and conditions. Please read them carefully.

Shipping and Delivery

We use tracked local couriers to deliver your order anywhere in New Zealand. Estimated delivery time is 3–10 business days.

Once your payment has cleared, your order will be packed and dispatched within 2 business days.

General Terms

Unless expressly modified or agreed to in writing, the following terms shall apply to all transactions and will be considered accepted by the customer trading as NZ Diver.

Retention of Title

Ownership of products passes to the customer only after full payment is received. Until then:

  • If the product is incorporated into other goods, those goods shall belong to the supplier up to the value of the product.
  • The customer holds the product and goods as bailee (caretaker) for the supplier.
  • If the customer sells the product or goods, they act as agent of the supplier and must hold sale proceeds in trust for the supplier.

Information and Privacy Act

To operate efficiently, the customer agrees that the supplier may:

  • Collect information from third parties, who are authorised to release it.
  • Store and use this information securely.
  • Share information with others if needed for debt collection or order processing.

The customer’s information:

  • Will be stored securely at the supplier’s office.
  • Will be accessible only to employees/agents who require it.
  • Can be requested for viewing or correction at any time by the customer.

Risk

Risk passes to the customer once the supplier parts with possession of the goods. Unless otherwise agreed, this happens once goods leave the supplier’s premises.

Delivery and Freight

  • The supplier will make every effort to meet delivery timeframes but is not responsible for delays beyond their control.
  • Unless otherwise agreed in writing, delivery will be made to the customer’s premises.
  • The supplier is not liable for damages or losses resulting from delivery delays.

Pricing

  • Prices will be confirmed in writing at the time of order.
  • Prices are subject to change without notice.
  • Freight charges apply unless otherwise agreed.
  • All prices are quoted in NZD (New Zealand Dollars).

Payment Terms

  • Full payment is due upon delivery, unless alternate terms are agreed to in writing.
  • Payments are invoice-based; no monthly statements are issued.
  • The customer is liable for all legal costs and expenses related to enforcement of this agreement.
  • Cheques, trade-ins, or other instruments are not considered payment until cleared.

Consumer Guarantees Act 1993

  • If goods are purchased for business purposes, the Consumer Guarantees Act does not apply.
  • The supplier shall not make any claims or guarantees beyond what is provided by the manufacturer.
  • The supplier shall indemnify the manufacturer from any liability arising from misuse of the goods or incorrect claims.
  • The manufacturer is not liable for consequential or special damages, especially where the supplier failed to contract out of the Act.

Warranty

  • Products are covered by the manufacturer’s warranty (if applicable).
  • No additional warranty is offered unless specifically stated in writing.
  • Warranty claims are subject to the terms provided by the manufacturer.

Order Cancellations

  • Orders cannot be cancelled once accepted, except for cause.
  • If cancellation is allowed, and goods are returned, a 15% restocking fee applies.

Refund Policy

  • If your order is not accepted, a full refund will be processed.
  • We may accept or reject any order for any reason, including:
    • Errors in price or product description.
    • Incomplete or incorrect information in your order.
  • Change of mind is not grounds for a refund, so please choose carefully.
  • If the goods are faulty, we will comply with the Consumer Guarantees Act and provide a remedy.

Security Verification for Online Orders

  • All orders go through a security verification process.
  • We may request identity documents to verify details.
  • If we don’t receive required documents within 5 days, your order will be cancelled and refunded.

These steps are in place to prevent fraud and protect both the customer and the supplier. This is done under advice from our banking partners.