Terms of service

1. Introduction and application

1.1 These Terms and Conditions ("Terms") govern all purchases of products from the I See Bear website ("Website").

1.2 The Website and business known as I See Bear are owned and operated by White Wisteria Limited, a company incorporated in New Zealand ("Company", "we", "us" or "our").

1.3 White Wisteria Limited is in trade for the purposes of the Fair Trading Act 1986 and is the seller of all products purchased through the Website.

1.4 We operate an online retail business specialising in models, model kits, collectables and associated products as listed at www.iseebear.com ("Products").

1.5 Products may be held in stock or sourced from third-party suppliers in New Zealand or overseas following receipt of a customer order.

1.6 By placing an order through the Website, you agree to these Terms, subject to any rights you may have under applicable law.

1.7 Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable law.

2. Product availability and sourcing

2.1 We source Products from various suppliers and manufacturers.

2.2 Unless a Product is expressly identified as being in stock, you acknowledge that there may be a delay in dispatch whilst the Product is sourced.

2.3 All orders are subject to confirmation of availability from our suppliers.

2.4 We will take reasonable care to ensure that information concerning Product availability is accurate and up to date. However, availability may change due to circumstances outside our reasonable control, including supplier stock shortages, manufacturing changes, discontinuation of Products and international freight restrictions.

2.5 We reserve the right to decline an order before acceptance where the relevant Product is unavailable, cannot reasonably be sourced, or where another reasonable ground for declining the order exists.

2.6 If we are unable to accept an order, we will notify you and refund any payment received in respect of that order.

2.7 If, after accepting an order, we are unable to source or supply the Product, we will notify you promptly and offer an appropriate resolution, which may include an agreed alternative Product, an agreed extension of the delivery timeframe, or cancellation and a refund.

2.8 Nothing in this clause limits any right or remedy available to you under applicable consumer law.

3. Orders and acceptance

3.1 When you place an order through our Website, you are making an offer to purchase the Products specified in your order.

3.2 Payment may be taken at the time your order is placed. Receipt of payment, or the issue of an automated order acknowledgement, does not of itself constitute acceptance of your order.

3.3 Your order is subject to our confirmation that the relevant Products are available or can reasonably be sourced from our suppliers.

3.4 A binding contract is formed only when we expressly confirm acceptance of your order by email or other written communication.

3.5 We may decline an order before acceptance on reasonable grounds, including where:

(a) the Product is unavailable or cannot reasonably be sourced;

(b) the supplier has discontinued the Product;

(c) there is an obvious pricing or description error;

(d) payment cannot be authorised or processed;

(e) we reasonably suspect fraudulent or unlawful activity; or

(f) legal, import, export or shipping restrictions prevent us from fulfilling the order.

3.6 If an order is declined after payment has been received, we will refund the payment promptly using the original payment method where reasonably practicable.

3.7 Once an order has been accepted, it becomes binding on both parties, subject to these Terms and any applicable statutory rights.

3.8 You must ensure that all order details are accurate before submitting your order.

4. Cancellations

4.1 Once we have accepted an order, you may not cancel it solely because you have changed your mind, unless we agree otherwise.  Cancellation is only permitted at our discretion.

4.2 If we agree to cancellation, we may require you to reimburse reasonable and demonstrable costs directly incurred by us that cannot reasonably be recovered or avoided.

4.3 Any cancellation charges must be reasonable.

4.4 If the supplier cancels the order, discontinues the Product or is otherwise unable to supply it, we will notify you and offer an appropriate resolution, including a refund where the Product cannot be supplied.

4.5 Nothing in this clause affects your right to cancel, reject goods, obtain a refund or exercise any other remedy available under the Consumer Guarantees Act 1993 or other applicable law.

5. Delivery and shipping

5.1 Products are sourced and received by us before being dispatched to customers.

5.2 Any estimated delivery timeframe will take account of the sourcing arrangements applicable to the Product.

5.3 Delivery estimates are provided in good faith based on information reasonably available to us at the time.

5.4 We do not guarantee delivery by a particular date.

5.5 We will take reasonable steps to deliver Products within any agreed delivery period or, where no period has been agreed, within a reasonable time.

5.6 Where we become aware of a material delay, we will endeavour to notify you as soon as reasonably practicable and provide an updated estimated delivery timeframe.

5.7 Delays may arise from supplier availability, international freight, customs processing, manufacturing delays, transport disruptions or other circumstances outside our reasonable control.

5.8 If a delay materially affects our ability to fulfil an accepted order we reserve the right to cancel and refund you.

5.9 Once Products have been received by us, we will arrange dispatch to the delivery address specified in your order.

5.10 Risk of accidental loss of or damage to Products during delivery remains with us until delivery to you or your authorised recipient, subject to applicable law.

5.11 You are responsible for ensuring that the delivery address and contact details provided are accurate and complete.

5.12 Where additional costs arise solely because you have provided an incorrect address or unreasonably failed to take delivery, we may recover reasonable additional costs to the extent permitted by law.

6. International sourcing and sales

6.1 We may purchase Products from suppliers and manufacturers located outside New Zealand.

6.2 All prices and payments are expressed and processed in New Zealand dollars.

6.3 Where we accept an order for delivery outside New Zealand, you are responsible for any customs duties, import taxes or other charges imposed in the destination country, unless expressly stated otherwise.

6.4 International customers acknowledge that shipping arrangements, customs processing and local import requirements may affect delivery.

6.5 These Terms and the contract of sale are governed by New Zealand law.

6.6 We remain responsible for our obligations as seller under applicable law, notwithstanding that Products may have been manufactured or sourced overseas.

5. Privacy and Personal Information

5.1 White Wisteria Limited trading as I See Bear is committed to protecting your personal information and will collect, use, store and disclose personal information in accordance with the Privacy Act 2020 and our Privacy Policy available on our website.