1. This website, www.leatherman.co.nz, including its applications and tools (the “Website”), is owned by Leatherman New Zealand (trading as Leatherman NZ). Your use of this Website is subject to the following terms and conditions as well as all applicable laws. By accessing, browsing, and using this Website, you acknowledge and accept these terms and conditions (the “Terms”), and you represent that you have the legal capacity to enter into the agreement set out in these Terms. The Website is considered a general audience site and is not intended to be used by children. Leatherman NZ does not sell products for purchase by children. If you are under eighteen (18) years of age, you may use the Website only with the involvement of a parent or legal guardian. If you do not agree with any of the Terms, do not use this Website. Each time you access and/or use the Website, you agree to be bound by these Terms and any additional terms that will apply to you.
BY AGREEING TO THESE TERMS DURING ACCOUNT SETUP OR WHEN MAKING A PURCHASE ON THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.
These Terms were last updated: March 19, 2019
The Website is operated from various locations both within and outside New Zealand and may be accessible worldwide. However, only users in New Zealand who are over eighteen (18) years old may purchase products through the Website. If you access or use the Website from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws and regulations of the territory where you access or use the Website.
The Website and all material and information posted thereon, including, without limitation, photographs, text, graphics, logos, icons, content, sound recording, tutorials, audio/visual clips, and designs (collectively, “Material”) is protected by copyrights, patents, trade secrets or other proprietary rights and may not be, in whole or in part, copied, reproduced, republished, downloaded, uploaded, posted, displayed, performed, framed, transmitted, posted, distributed, modified or used, in whole or in part, whether in text, graphical, audio, video, executable or other form, except as expressly permitted by these Terms, without the express written consent of Leatherman NZ. Any other access to this Website and any other use, reproduction or transmission of information or data obtained from this Website is strictly forbidden, without the prior written consent of Leatherman NZ.
You must ensure that your access to this Website and Material available on or through it is legal in each jurisdiction in or through which you access, view or otherwise use this Website or such Material.
If you do not have a Website account, you may purchase products as a guest, without logging in, by providing billing, shipping and related information as requested by Leatherman NZ at the time of purchase. Each time you make a purchase in this manner, you must provide accurate contact information so you may be contacted regarding your purchase, if necessary, and you must agree to these Terms and any other applicable purchase terms set forth in the checkout process.
(i) You represent and warrant that you are at least eighteen (18) years of age if you are placing an order to purchase products; (ii) Leatherman NZ’s acknowledgement of an order is not acceptance of an order and Leatherman NZ may reject or cancel an order at any time; (iii) you must either have an existing account with Leatherman NZ or provide a valid and authorised payment information and agree that Leatherman NZ may charge the selected method of payment at the time of your transaction; (iv) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees; (v) you will pay all taxes; (vi) if Leatherman NZ does not receive payment from your payment card issuer, you will pay all amounts due upon demand; (vii) Not intended for export outside New Zealand.
You acknowledge and agree that no employee, agent, dealer, or service provider is authorised to make any promise, representation or warranty with respect to these Terms or the products or to amend, modify or waive any of these Terms.
You may use the methods of payment to purchase products through the Website as identified on the Website upon checkout. All payments are accepted only in N.Z. dollars. If you use a payment card issued from a bank outside the N.Z., you acknowledge that you are responsible for fees charged by the issuer of your payment card for currency conversion. Please consult the terms provided by the issuer of your payment card for applicable currency conversion rate and fees and charges.
Product pricing and shipping costs will be as reflected on the Website. Prices posted on the Website and Leatherman NZ’s billing policies are subject to change at any time without notice to you. Prices on the Website are in NZ dollars for NZ purchasers only. We cannot ship to addresses outside New Zealand. All purchases are subject to GST to be paid by the purchaser, and prices do not include shipping and handling. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when the goods are delivered to the carrier for shipment.
You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, Leatherman NZ will not be liable for these inaccuracies, omissions, or errors. Leatherman NZ will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. Leatherman NZ does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions.
We make efforts to keep the Website and available inventory of products current and up to date. However, we cannot guarantee that any product listed on the Website will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies.
We may, in our sole discretion, choose to cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase has been mispriced, when we suspect the request is fraudulent, or in other circumstances we deem appropriate.
If you wish to return a product or change or cancel your order for any reason, you must contact Leatherman NZ either directly by using the contact details provided on the Website or by using the contact form of the Website. If your request relates to a return, you must contact us in accordance with our return policies. Return and refund policies can be found at https://www.leatherman.co.nz/shipping-returns/
We make conscientious efforts to display and describe the products available on the Website accurately and completely. However, the detail and accuracy of the images and specifications of products that you see on the Website will depend on a number of things, including your computer equipment and Internet connections. Consequently, we do not guarantee that the products, images, available features, services or specifications displayed or described to you on the Website are or will remain accurate or complete in every detail. Further, we may update the products, images, available features, services or specifications from time to time. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.
Leatherman NZ may from time to time make available additional features on the Website. Those features are subject to these Terms and any other applicable terms and conditions associated with them on the Website, as those may be updated form time to time by Leatherman NZ.
We reserve the right to make changes to the Website, the products, methods of payment, and features available on the Website at any time, in our sole discretion.
We expect and require that all visitors use the Website for its intended purposes and refrain from engaging in inappropriate behavior on the Website. Such inappropriate behavior includes:
- requesting, or otherwise attempting to obtain or store, personal information, passwords, account information or any other type of information of other users;
- accessing or using anyone else’s Website account;
- creating a deep-link to the Website, using any data mining, robots, or similar data-gathering and extraction tools in connection with the Website;
- inhibiting, disrupting, or otherwise preventing anyone from using or accessing the Website;
- acting in any manner that disrupts or interrupts users’ real-time experience on the Website;
- hacking or defacing any portion of the Website;
- interfering with or disrupting the Website or servers or network connections to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
- modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Website;
- attempting to gain unauthorized access to the Website, or any feature or portion of the Website, any other systems or networks connected to the Website or any server related thereto;
- using the Website to intentionally or unintentionally violate any applicable local, state, national or international law or regulation; and
Without limiting the Terms, Leatherman NZ and its licensors own and retain all right, title and interest in and to any copyright, trademark, patent or other intellectual property embodied in the Website. Such intellectual property is protected under New Zealand and other countries’ copyright, trademark and other laws and international treaty provisions. Any unauthorised use by you of this intellectual property may subject you to civil and criminal penalties. Without limiting the above, the trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Leatherman NZ or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose, including, but not limited to, use as meta tags on other pages or sites without the written permission of Leatherman NZ or such third party which may own the Marks. You may not use frames or utilise framing techniques or technology to enclose any content included on the Website without our express written consent. Further, you may not utilise any Website content in any meta tags or any other “hidden text” techniques or technologies without our express written consent.
THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, LEATHERMAN NZ EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. LEATHERMAN NZ WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE.
Without limitation to the foregoing, Leatherman NZ makes no warranty that: (a) there will be no interference with your use or enjoyment of the Website; (b) the Website will fulfill any particular purpose, need requirement or specification or is complete, reliable or accurate; (c) orders for a product(s) will be honored according to your schedule or any stated schedule; (d) the Website will be secure or error free; (e) any errors in the Website will be corrected; (f) the Website is lawful, appropriate or available for use in any particular location; (g) there will be no interception, loss, or disclosure of confidential or sensitive information transmitted over the Internet, including personal information; or (h) products displayed or referenced on the Website are available for use in a particular location.
Warranty information regarding products may be found at https://www.leatherman.co.nz/warranty/
TO THE FULLEST EXTENT PERMITTED BY LAW, LEATHERMAN NZ SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF SARTORIUS FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (NZD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.
Your sole and exclusive remedy is to discontinue using and accessing this Website. The aforementioned exclusions and limitations apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions apply even if Leatherman NZ has been advised of the possibility of such claims, losses, costs or damages.
You agree to defend, indemnify, and hold harmless Leatherman NZ and its affiliates, and their respective directors, officers, employees, representatives, agents, and assigns from, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by Leatherman NZ (collectively, “Damages”) arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of or any other person to whom you have provided access to your computer system or Website account, (b) your violation or breach of any of the Terms, including, but not limited to, any unauthorised use of any of the Website or Material, or (c) your violation of any intellectual property rights of Leatherman NZ or any third party.
This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. Leatherman NZ has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create hyperlinks from other websites to this Website, unless expressly permitted by Leatherman NZ in writing.
You agree not to introduce into or through this Website any information or materials which may be deemed harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Leatherman NZ may modify, alter or otherwise update these Terms and additional terms and conditions applicable to this Website from time to time, without prior notice, by updating this posting. You agree that Leatherman NZ may provide notice to you of such modifications by posting them on the Website. The date of the last modification will appear at the top hereof. Your access and use of this Website constitutes your consent to be bound by these terms and conditions.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or relating to these Terms, will be governed by and construed in accordance with the laws of the State of Oregon, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises.
These Terms do not create any fiduciary relationships between you and Leatherman NZ, service providers or other companies that assist with providing the products or operating the Website. These Terms do not create any relationship of principal and agent, partnership or similar relationship. Where appropriate in context, the conjunctive shall include the disjunctive, any shall include all, the singular shall include the plural, and vice versa. Section headings in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, the terms and covenants contained in these Terms which by their nature, sense and context survive or are expressly intended to survive the expiration or termination of these Terms will so survive and continue in full force and effect until they are satisfied or by their nature expire.
All rights not expressly granted in these terms are reserved by Leatherman NZ. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of Leatherman NZ or any other person or entity.
If you have any questions or comments about this Notice, or if you would like us to update information we have about you or your preferences, please contact us by via our contact page.