Terms of service
TERMS AND CONDITIONS FOR ONLINE SALE WITH GLASS CASE BY PLUMBOB
1. GENERAL
1.1. These Sales Terms constitute a legally binding contract between yourself and Glass Case by Plumbob (“we or us”) and applies to the ordering, purchase, fulfilment and delivery of Goods from www.displaystore.nz (the “Website”). By placing an order for Goods from our Website, you agree to be bound by the Sales Terms, Website Terms of Use and Privacy Policy. In the event of inconsistency between the Sales Terms, Website Terms of Use and Privacy Policy, the Sales Terms shall prevail.
1.2 In these terms:
(a) “Brand Partner” refers to a company for which we sell Goods on their behalf on our Website;
(b) Brand Partner Product” refers to the Goods that we sell on behalf of a Brand Partner;
(c) "CCLA” refers to the Contract and Commercial Law Act 2017;
(d) ”CGA” refers to the Consumer Guarantees Act 1993;
(f) “FTA” refers to the Fair Trading Act 1986;
(g) “Good(s)” refers to goods and/or services supplied, or to be supplied, by us to you as described in an Order which will be deemed to form part of these Sales Terms;
(h) “GST” refers to goods and services tax under the Goods and Services Tax Act 1985;
1.3. We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on the Website.
1.4. We recommend you review these Sales Terms each time you use the Website and before placing any Order. By continuing to use the website following any amendment to the Sales Terms, you are agreeing to be bound by the same. Any changes to these Sales Terms will apply to any Order you place after they have been published to the Website. Should we choose to provide you with notice of the amended Sales Terms, you agree to receive email notification of the amendments from us or a Third Party.
2. LEGAL CAPACITY
2.1. You must be eighteen (18) years of age or over to complete an Order or purchase from the Website.
2.2. Any Order or purchase made by you using this Website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these Sales Terms and agree that you have entered into a legal contract with us in relation to these Sales Terms.
2.3. We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
3. PRICING
3.1. The prices of Goods displayed on our Website:
(a) are in New Zealand Dollars and include GST, unless otherwise specified.
(b) exclude freight, handling charges and installation but which will be added to the total Order Price; and
(c) may change from time to time.
4. PRODUCT DESCRIPTIONS/INSTALLATION
4.1. We update our Website regularly and we will use our reasonable endeavours to ensure that all information therein displayed are up to date and correct however this is not always possible. Any information generally relating to Goods contained in advertising, the Websites, catalogue, price lists, illustrations or other similar matter submitted to you, whilst given in good faith, shall be regarded only as approximations and intended to present to you a general guide. In particular you acknowledge that colour samples may vary to the Goods.
4.2. We reserve the right to correct any errors which are published on any of our platforms including our Website.
4.3 Once Goods are installed we are unable to refund you for any defects detected. It is important you check the Goods on arrival to your site or on pick up and prior to install.
5. PLACING YOUR ORDER
5.1. Individual and / or company Purchasing details and a deposit is a requirement when submitting an Order through our website.
5.2. We do not supply trade quantities and reserve the right to limit the number of an item you can purchase in a single transaction.
5.3. By placing an Order, you make an offer to purchase the Goods you have selected based on these Sales Terms.
5.4. We do not formally accept your offer until your Order has passed our internal validation procedures for verifying each Order placed and availability of Goods ordered.
6. PAYMENT METHODS AND PROCESSING
6.1. Payment may be made by credit card (a surcharge may apply per transaction), bank transfer, voucher or any other agreed method of payment.
6.2. We process credit card payments after you place an Order in accordance with clause 5.
6.3. For security reasons we reserve the right to decline any credit cards issued by banks outside of New Zealand.
6.4. You may be required to provide further identification for additional security reference checks.
6.5. By providing your credit card/payment card you authorise us to deduct the Order Price from such card.
6.6. To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you when a credit card or other method is fraudulently used or is used in an unauthorised manner.
7. DELIVERY, RISK AND TITLE
7.1. Delivery estimates will be displayed either as you add Goods to your shopping cart or after you have entered your postcode at the checkout but we reserve the right to amend fright charges even if the estimate has been paid as delivery costs are influenced by size, weight, your location and access to your location on which basis we reserve the right to charge additional fees for freight.
7.2. We may update the Order Price if the original estimate of delivery costs is inadequate for any reason. We require you to provide accurate delivery information to calculate freight.
7.3. The delivery address must be a physical address within New Zealand and cannot be a PO Box or a freight forwarding location.
7.4. The Goods shall be delivered to the address indicated in the invoice or in the absence of any such indication, to your last known address. If the goods are delivered in instalments or multiple addresses, additional delivery fees may apply.
7.5. If you require your Order to be re-directed to an address which is not the original Order address, we may charge you a reasonable fee for doing this. Any changes to the Delivery Date or the delivery address must be notified to our Customer Service team at least 48 hours before the Delivery Date. You will be charged a delivery fee for each additional attempt for delivery and the Order Price will adjust accordingly.
7.6. Delivery times may be greater than usual for rural or remote areas.
7.7. The Delivery Date is approximate only and we will not be liable for any loss, expense or damage resulting from the delay in delivery or failure to deliver.
7.8. If the model of a Good is discontinued or superseded and not available for delivery on the delivery date, we will notify you as soon as practicable and prior to said date.
7.9. Where the Goods are returned to us or not delivered by the delivery date, and we hold the Goods, we may charge storage costs as determined by us.
8. RISK AND RETENTION OF TITLE
8.1 The Goods remains at our risk until delivery to you. Subject to the availability of materials, delivery and installation of the Goods shall be completed within the time frames stipulated in our correspondence to you. Risk in respect of the Goods passes to you upon delivery. If the Goods are damaged, destroyed, lost, or stolen prior to title in the Goods passing to you, we are entitled to, without prejudice to our other rights and remedies, the benefit of all insurance proceeds in respect of the Goods, whether or not the Order Price has become payable or has been paid.
8.2. We will use all reasonable endeavours to ensure delivery and/or installation within the time frame specified but shall not be liable for any delay or failure to deliver and or install the Goods within said time frame.
8.3 If your order does not include installation assistance, may be required if the order contains any tall or heavy items. If this cannot be supplied by you, an additional mover may be sent which will incur an additional delivery fee.
8.4 Delivery days are normally Monday – Friday, during normal business hours. If the driveway is insufficient for the truck to come up to the door of the delivery address, the delivery may not occur and a re-delivery fee may be incurred unless you have given us sufficient information about the same so that alternate arrangement could have been made.
8.5 In some rare occurrences, delivery may be stopped or postposed to ensure a safe delivery of the items and to ensure the safety of our team members and those present at the delivery location.
8.6 If you request the Goods to be left without you being present, you are accepting full responsibility for the items including for any damage to the Goods or if the Goods are later found to be missing.
8.7 You must provide us with as much information as possible on the location prior to delivery, e.g. Gate codes, steep driveways, multiple driveways, dogs etc. to ensure on-time delivery.
8.8 If Goods are signed for without any defect notes, it is assumed that everything is delivered and in perfect condition. We will then not be liable for any missing or damaged items.
8.9 It is your responsibility to ensure adequate site access and secure storage for delivered Goods. If this has not been done and the carrier is required to return to site at another time, an additional charge will be incurred by you.
8.10 It is your responsibility to ensure that the Goods can be placed in an area where no damage will occur to your delivery.
8.11 You give irrevocable authority to us to enter any premises occupied by you or on which the Goods are situated at any reasonable time after default by you or before default if we believe a default has occurred or is likely to occur.
8.12 We shall not be liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. We may either re-sell any repossessed Goods then credit your account with the net proceeds of sale (after deduction of all repossession, storage, selling and other reasonable costs) or may retain the Goods and credit you with the invoice value thereof less such sum as we reasonably determine on account of obsolescence, loss of profit and costs.
9. DEFECTIVE OR DAMAGED GOODS
9.1. Before accepting the Goods, you must check and ensure all items have been delivered and have not been damaged during transportation. Any Goods which are unsatisfactory for whatever reason must be rejected and notification sent to us via sales@plumbob.co.nz within 2 hours of delivery (time being of the essence). Subject to the CGA, failure to provide notice may invalidate your rights to be reimbursed for any resulting loss.
10. ORDERS FOR COLLECTION AT THE DISPLAY STORE
10.1. The terms of this clause apply where you select to collect your Order from Glass Case by Plumbob Factory;
10.2. If you have selected to collect your Order from Glass Case by Plumbob factory, you will be contacted by telephone or email to notify you that your Order is available for collection.
10.3. Orders for collection from Glass Case by Plumbob must be collected within a certain timeframe at our discretion. If your Order is not collected within the specified timeframe, Glass Case by Plumbob has the right to allocate the Goods to another customer and reorder the Goods for you or charge storage costs as determined by us from time to time.
10.4. The person collecting the Order must comply with our reasonable procedures from time to time including, without limitation, providing photo identification and presenting the invoice for the Order. You agree that Orders may only be collected from Glass Case by Plumbob during opening hours or any other place indicated.
11. CONSUMER LAW/GUARANTEES
11.1. The Goods will be subject to the terms of the manufacturer's warranties and guarantees, and to the extent allowed by law, all conditions, descriptions, representations, warranties and guarantees, whether express or implied, by statute or otherwise, are expressly excluded.
12. CANCELLATION POLICY
12.1. If you wish to cancel your Order with us, you must contact sales@plumbob.co.nz at least seven working days prior to the Delivery Date.
12.2. Cancellation of any Order will be subject to a minimum 20% restocking fee. This fee is applied on the basis of a genuine pre-estimate of our loss as such Goods may not be able to be sold to another customer at the same or any other price and is not intended to operate as a penalty.
12.3. We and you acknowledge that the fee you must pay under clause 12.2:
(a) is not a penalty and represents less than a genuine pre-estimate of our loss in the event that you cancel an Order
(b) has been agreed in good faith; and
(c) is proportionate to the legitimate interests of either us or you in requiring that you pay a restocking fee for cancellation of an Order.
12.4. If your obligation to pay the fee under clause 12.2 is void, unenforceable, invalid or otherwise inoperative for any reason including because the fees are determined to be a penalty), then we may claim general damages for your breach of clause 12.2.
12.5. You may exercise your right to cancel an Order only before the Goods are delivered to you. If you wish to return any Good after you have received it, our Returns and Refund Policy will apply.
13. REFUNDS & RETURNS POLICY
13.1. To the extent permissible by law, any Goods purchased from the Website are eligible to be returned (subject to restocking fees and fright charges fees) provided however that the item is:
(a) unused;
(b) in the same condition as when you received it; and
(c) in the original packaging.
13.2. You may not be eligible to return a Good if the item;
(a) has signs of use;
(b) is not in original condition;
(c) is damaged or is missing parts for reasons not due to our error; or
(d) has been in your possession for more than 10 days after delivery.
13.3. All Good that are being considered for a Return or Refund will be inspected by us and may incur a higher restocking fee if there are any other factors or defects found after the goods have been inspected.
13.4. All shipping costs associated with returning a Good are your responsibility. Risk and title of the Goods shall transfer back from you to us only when we receive the Goods.
13.5. If a refund is accepted by us, it may take up to 10 working days for the refund to be processed.
13.6. To find out if you are eligible to make a return, please contact a member of staff at sales@plumbob.co.nz.
14. PRIVACY AND PERSONAL INFORMATION
14.1. Any personal information will be collected, held and used in accordance with our Privacy Policy located on our Website.
14.2. When you register on the Website you may be asked for your name, email address, other contact details and a password. Because your username and password allow online access to information we have stored, we require that you to keep your username and password secure and you should not give out your user name or password to any other person. We will never ask you to disclose your password.
14.3. You are entirely responsible for maintaining the security of your login and password, and for all activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised party gains access to your username and password, you are required to notify us immediately and change your password immediately. We will not have any liability for your failure to comply with these obligations.
14.4. Whilst we use our reasonable endeavours to protect the security of transmission of information over the internet, we do not guarantee or warrant that any transmission of any data over the internet as totally secure. Accordingly, any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any person. Please refer to our Website Terms of Use for more information.
14.5. The express terms of our Privacy Policy or our Website Terms of Use will, in the event of a conflict with the terms of this clause 14, take precedence to the extent of such conflict.
15. LIMITATION OF LIABILITY AND INDEMNITY
15.1. To the extent permitted by law, your loss or damage or injury arising directly or indirectly from any defect of the Goods is limited to replacement or repair of the Goods, or to damages not exceeding the Order Price at our option. We are not liable for any loss, damage, or injury caused by improper or incorrect operation or use of the Goods.
15.2. We make no representation or warranty regarding the functionality or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free.
15.3. We assume no liability for errors or omissions in the site or any inaccuracies and for any non-compliance with any representations, illustrations, specifications, product features or other information contained on the website and reserve the right to update the website prior to your order. The website is provided “as is” without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose.
16. CANCELLATION OR SUSPENSION OF CONTRACT
16.1. To the extent permitted by law, we reserve the right to refuse to accept any Order without liability to you. You acknowledge that upon our acceptance of any Order, you will be bound by that Order and will not be entitled to terminate, rescind or cancel any order placed except to the extent permitted by law.
16.2. If you:
(a) Refuse to accept the goods (subject to clause 9); or
(b) We consider that you are unable to pay your debts as they fall due; or
(c) You breach the contract
16.3. We may, without prejudice to any of our other rights:
(a) Cancel all outstanding contracts with you;
(b) Enter any premises where the Goods are located and repossess and sell such Goods, and retain all monies paid;
(c) Require that all monies become immediately due and payable
17. REGISTRATION FOR SHOPPING REQUIRED
17.1. Registration is required prior to submitting an Order through our online shop. Registration is not completed until you have submitted the registration form and we have confirmed registration by confirming your login information with you. All information supplied by you upon registration must be true, complete and accurate information (“User Data”). You must maintain and promptly update your User Data as appropriate from time to time.
17.2. We will use your email address as your username so you must provide a genuine email address for registration. You must not impersonate another living person or registered user.
17.3. We may refuse your registration where we consider your suggested username or passwords to be inappropriate. Grounds for refusal may include, but are not limited to, offensive content, obscenity, abuse, defamatory content, contempt, incitement, copyright infringement, brand names or registered trademarks, company or organisation names, names of high-profile or public figures or names promoting political, religious, social or economic groups or issues.
17.4. We reserve the right to refuse suggested usernames at our sole discretion and do not have to provide any reasons for such refusal.
17.5. Without limiting any other provision of these terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and to refuse any /and all current or future use of this online shop (or any portion thereof).
17.6. You agree not to assign, transfer or sublicense your rights as a registered user of our Website. Unless approved by us and you are a business customer, you further agree not to register more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Website.
17.7. You agree to keep the User Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your account.
18. ELECTRONIC MESSAGES
18.1. By registering yourself on the Website or providing us with your email address, cell phone number or otherwise, you are consenting to us providing you with information about Glass Case by Plumbob’s goods and services (or its related business) in electronic form to that email address or cell phone number. To unsubscribe from our electronic communications, use the unsubscribe facility or email us at sales@plumbob.co.nz.
19. MISCELLANEOUS
19.1. The Sales Terms will be governed by and interpreted in accordance with the laws of New Zealand and you agree to the jurisdiction of the courts of New Zealand to determine any dispute arising out of these terms.
19.2. The Sales terms will not be deemed waived or varied unless in writing and signed by our authorised representative.
19.3 We shall not be liable for delay or failure to perform our obligations if the cause of the delay or failure is beyond its control. Failure by us to enforce any of the terms and conditions herein shall not be deemed to be a waiver of any of the rights or obligations. If any provision of these terms shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or implied.