Terms and Conditions
Terms and Conditions of Use of the Simply Kitchens and Wardrobes Limited Website and the Supply of Goods
The following terms and conditions apply to all users of the www.simplykitchens.co.nz and www.simplywardrobes.co.nz website and to all purchases of goods and services from Simply Kitchens and Wardrobes Limited (“we” or “us”). By viewing and using the website you will be deemed to agree to these terms of use (“Terms”) without qualification. If you do not agree to be bound by these Terms, you should stop accessing and using the website.
A Use of the Website
1. Copyright and Limited Reproduction Notices
The contents of the website are the copyright of Simply Kitchens and Wardrobes Limited or our suppliers. No part of the website may be distributed or copied for any commercial purpose and you may not incorporate any part of it in any other work (whether in hard copy, electronic or any other form). No part of the website may be published, copied, transmitted or stored (including in any other website or other electronic form), except that you may print, or download to your hard drive, extracts from the website only for your own use.
2. Disclaimer
The website makes information and material available to you as a service. Use of the website material is at your own risk. We are not responsible for any adverse consequences arising out of the use of information contained on the website. The material provided on the website has not been prepared by taking into account the particular objectives, situation or needs of any individual users. It is a general information service only. You should assess whether it is appropriate in light of your own objectives, situation and needs. We do not give any warranty of accuracy or reliability of information contained on the website to you or any other person.
3. Liability
While reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither we nor any of our employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused (whether direct, indirect, consequential, special, or loss of profits).
B Supply of Goods
1. General
Where we accept your order these terms and conditions (together with the acceptance) constitute the entire agreement between you and us and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
Any condition contained in your order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by us.
Any variation, waiver or cancellation of your order shall have no effect unless accepted in writing by us. Where we accept cancellation we may levy a handling charge of up to 15% of the price.
Where you and us agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of us.
2. Formation of Contract
Our website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by you to buy in accordance with these terms and conditions. We may or may not accept an order from you for goods which are not held in stock by us at time the order is placed by you. Our acceptance occurs (and the contract is formed) when the goods are dispatched to you.
3. Supply
On receipt of a purchase order we will endeavour to supply you with the goods or services ordered, but we will not be liable to you or any person if we decline to fulfil, or are unable to fulfil, an order.
4. Terms
We will supply goods and services to you on these Terms only (as we may amend them from time to time). The only circumstance where any variation to these Terms will apply is where we have expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these Terms will take priority over any other terms of trade.
5. Prices and Terms of Payment
Unless otherwise agreed in writing payment must be made by you before delivery of the goods.
The price for the goods is that stated on the website at the time we accept your purchase order. The prices are inclusive of GST. Any other taxes, if chargeable, are payable by you whether they are imposed or brought into force before of after acceptance of your order. We may alter prices without notice.
6. Delivery
We will endeavour to deliver goods on the agreed delivery dates but we will not be liable for late delivery. Any quotations of delivery times by us are made in good faith but are estimates and we shall not be bound by such a quotation.
Late delivery does not entitle you to cancel any order or part order. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you or if you are to arrange delivery, when the goods are available for collection by you.
Delivery may be by instalments. Failure to deliver any instalment shall not entitle you to repudiate the contract as to any instalments already delivered.
You shall pay the delivery, handling, packaging and insurance charges related to your order from the point of dispatch of the goods by us. The delivery charges quoted on the website includes the cost of delivery by the usual methods of transportation used by us. We may, if you request, arrange delivery by other means or at other times but we will be entitled to charge you for any additional costs we may incur.
7. Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless you give notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for us to investigate the claim.
Goods leaving our premises are adequately packed. Claims for damage or loss in transit must be made against the carrier within 7 days of receipt of the goods. For us to make a claim you must follow these procedures:
Prior to acknowledging delivery to the carrier you must ensure that the complete consignment as per the carrier's note has been received. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
Within 7 days of the receipt of consignment you must ensure that all goods received are in good order and condition.
No claims will be considered if you do not follow these procedures or if you do not notify us within 7 days of receipt of the goods.
8. Return of Goods
Goods supplied in accordance with your order can only be returned with our express approval.
Requests to return goods must be submitted within 7 days from the date of supply and the ARN# number must be quoted.
Returned goods must be delivered at your expense into our store and must be unused and in resalable condition with packaging intact and all labels etc returned with the goods.
9. Liability and Maintenance Guarantee
9.1. You shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and we are under no liability if they are not.
9.2. Subject to clause 9.4 our liability for any claim, damages, loss or expense related to the supply by us of goods or services is limited to the cost paid by you for the goods or services, except where statute expressly requires otherwise. To the fullest extent permitted by law we will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
9.3. Consumer Guarantees Act 1993 (the "Act"): If you are a consumer under the Act:
(a) and you are acquiring or holding yourself out as acquiring the goods for a business purpose, the Act will not apply to you; and
(b) we do not undertake that facilities for repair and parts for the goods will be available.
Subject to this clause nothing in these Terms will affect your rights as a consumer under the Act.
9.4. The goods are warranted against faulty workmanship or materials for 12 months from the date of purchase. Within the specified period we or our agents will repair or replace (at our discretion) any defect due to faulty workmanship or materials. This warranty shall not be valid if, having detected a fault the user continues to use the goods. This warranty does not apply to any part of the goods which has been subject to misuse, neglect, alteration, incorrect installation, accident and to damage caused by transportation, flood, fire or acts of God.
9.5. Our liability under this contract and the warranty in this clause is confined to you, it being agreed that we have no liability to any purchaser of the goods from you in that your rights under the contract are not assignable.
10. Risk and Ownership
Risk (including insurance) in goods purchased from us will pass to you on delivery but legal and beneficial ownership in goods remains with us until all sums owed to us, in respect of those goods and all other goods supplied by us, are paid in full. While property in the goods remains with us, we have the irrevocable right to enter your premises where the goods are located and take possession of and remove the goods.
Until ownership passes, you hold the goods as bailee for us. If you wish to resell any goods before ownership passes, you may do so only by way of bona fide sale in the ordinary course of business and you shall account to us for the proceeds of any such sale.
11. Personal Property Securities Act 1999
Until full payment has been received in respect of the goods supplied you acknowledge and agree that:
These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and A security interest is taken in all goods previously supplied by us to you (if any) and all goods that will be supplied in the future by us to you during the continuance of our relationship.
You undertake to:
Sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which we may reasonably require to register a financing statement; or Indemnify, and upon demand reimburse, us for all expenses incurred in registering a financing change statement on the PPSR or releasing any goods charged thereby. Not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without our prior written consent. Give us not less than 14 days prior written notice of any proposed change in your name and any other change in your details (including but not limited to, changes in your address, facsimile number, or business practice); and Immediately advise us of any material change in your business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales. In the event that you are in default of your obligations pursuant to this agreement we shall notwithstanding section 109 of the PPSA and in addition to the rights thereunder be entitled to remove and take possession of and sell (by auction, public tender, private sale or any other method which we might reasonably consider to be appropriate in the circumstances) the Collateral and for such purpose you give us license by its agents to enter into, and if necessary, to break into any building occupied by you and as the agent of you to enter upon any premise where you might enter upon search for, remove and take possession of the Collateral without being liable in any way to you or any person claiming under you for so doing. You agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to this Agreement or the security created hereunder; and
Waives the debtor's rights pursuant to sections 120(2), 121, 125, 129, 131 and 132 of the PPSA and waives the debtor's rights to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the Security Interest as created by this Agreement. For the purpose of this agreement, Security Interest, Collateral and Perfected Security Interest have the meanings set out in s16 of the Personal Property Securities Act 1999.
12. Errors or Omissions
We are entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in advertising, quotation, invoice or acknowledgement. Due to our administrative processes, errors (if any) maybe discovered up to 30 days after the goods have been delivered to you. We will notify you promptly of any error or omissions discovered by us, and give you the option of returning the goods for a full refund.
13. Description of Products
All information given on the website is for your guidance but does not afford a guarantee of use. Common sense and discretion are advised in the proper and safe use of all products purchased from us.
Where goods are advertised with reference to a photograph, we cannot guarantee that your monitor’s display of any colour will be accurate. We will endeavour to deliver the corresponding goods but do not warrant that the goods we deliver to you will be identical to those displayed in the photograph or on your monitor.
Modifications and improvements to our products are constantly being made. Also, we rely on information from our suppliers and product manufactures. Description, illustrations and literature are therefore not binding on us. If the goods do not match the description on our website, you should inform us immediately so that we may take appropriate action.
14. Force Majeure
We shall not be liable to you for any loss or damage or indirectly arising out of or in connection to any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond our control.
15. Compliance
You shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
16. Costs
You agree to pay to us all costs (including legal costs on a solicitor/client basis) of and incidental to the execution and discharge of this agreement and any of the securities and also all monies expended or charged by us as a consequence of default or which we consider in any way necessary to incur in the attempted protection, enforcement or attempted enforcement of our rights and remedies pursuant to this agreement.
17. Waiver
If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.
18. Changes to Terms and Conditions
We reserve the right to change these Terms at any time by notifying users of the existence of revised terms and conditions through the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
19. Severability
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
20. Disputes and Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996. The contract including these terms and conditions of sale shall be governed by New Zealand Law.
