Terms Used
‘The seller’ refers to Boutique Blinds Ltd.
‘The buyer’ refers to any legal entity purchasing from the seller.
General
These Conditions of Use shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).
Ordering
The seller's website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
Order Process
The buyer may order products from the seller by completing and submitting the checkout process on the seller's website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order.
The sellers discretion in rejecting orders
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then: If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.
Gift Vouchers/Codes
Gift vouchers/Codes will not be exchanged and are not subject to returns for credit or refunds. Gift vouchers/Codes can not be used to buy more gift vouchers/codes. The seller will not replace a gift card/code that is lost or stolen after being received.
Return of Goods for Credit or Refund
Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.
Please refer to the Returns Policy to see what is covered.
Liability and Maintenance Guarantee
To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.
To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.
To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.
In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.
At the termination of the appropriate period (ie guarantee period) all liability on the seller's part ceases.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.
Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
Ownership and Risk
Ownership of all goods sold by the seller (“the goods”) is retained by the seller until the seller has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
Until full payment is made the buyer agrees to:
Personal Property Securities Act 1999
Until full payment has been received for the buyers order, the buyer acknowledges and agrees that:
The seller undertakes to:
Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.
Risk
Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer's delivery instructions), the buyer assumes full responsibility for and risk in the products.
Description of Products
Modifications and improvements to the seller's products, prices and data are constantly being made.
Although the seller has endeavored to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller.
If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
Robots, Spiders & Scrapers
The buyer may not use a robot, scraper or other unauthorized automated means to access the website or information featured on it for any purpose.
Force Majeure
The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller's reasonable control.
Compliance
The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.
Changes to these Conditions of Use
The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller's website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.
Severability
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
Disputes and Governing Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply).
Returning of the product to our premises is the responsibility and at the cost of the buyer
10-year warranty Dawn, Uniview, Rivera Shutters
5-year warranty Tempo, Sixth Ave, Evolution, Sunset
3-year warranty Venetians 25mm 46mm 50mm
Titirangi,
Auckland, 0604
(between 9am - 4.30pm,
& evenings by appointment only)
Phone: 021 152 4642
Email: sales@boutiqueblinds.co.nz
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