This Distance Contract template is essential for businesses engaged in remote selling within New Zealand's jurisdiction. It is specifically designed for transactions where the parties are not physically present during the contract formation, such as online shopping, telephone sales, or mail-order purchases. The document incorporates requirements from the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993, ensuring comprehensive coverage of mandatory disclosure requirements, cooling-off periods, consumer rights, and electronic transaction provisions. This template is particularly relevant in the current digital economy where remote transactions have become increasingly prevalent, and businesses need robust legal frameworks to govern their distance selling operations while maintaining compliance with New Zealand law.
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1. Parties: Identification of the seller and buyer, including full legal names, addresses, and contact details
2. Background: Context of the agreement and acknowledgment that this is a distance contract
3. Definitions: Key terms used in the agreement, including specific distance selling terminology
4. Product/Service Description: Detailed description of goods or services being provided, including specifications and requirements
5. Price and Payment Terms: Total price, payment methods, timing, and any additional charges including delivery costs
6. Order Process: Steps for placing and confirming orders, including electronic confirmation requirements
7. Delivery Terms: Delivery timeframes, methods, costs, and risk transfer points
8. Cancellation Rights: Cooling-off period and cancellation procedures as required by NZ law
9. Returns and Refunds: Process and conditions for returns and refund policies
10. Warranties and Guarantees: Statutory and additional warranties, including Consumer Guarantees Act provisions
11. Privacy and Data Protection: How personal information will be collected, used, and protected
12. Dispute Resolution: Process for handling disputes and complaints
13. Governing Law: Confirmation of New Zealand law governance and jurisdiction
1. Intellectual Property: Required when digital content or licensed materials are involved
2. Subscription Terms: Needed for recurring services or subscription-based products
3. Age Restrictions: Required when products have age limitations
4. International Shipping: Include when offering overseas delivery options
5. Digital Content: Required when selling digital products or services
6. Installation Services: Include when product requires professional installation
7. Maintenance and Support: Required for technical products or ongoing services
8. Insurance Requirements: Include for high-value items or specific risk products
1. Product Specifications: Detailed technical specifications and requirements
2. Pricing Schedule: Detailed pricing information, including volume discounts if applicable
3. Delivery Zones and Charges: Breakdown of delivery areas and associated costs
4. Return Form: Standard form for processing returns
5. Warranty Certificate: Detailed warranty terms and conditions
6. Care Instructions: Product maintenance and care guidelines
7. Privacy Policy: Detailed privacy and data protection policies
8. Cancellation Form: Standard form for exercising cancellation rights
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