Terms and Conditions of Sale
All purchases made on this website are subject to the following terms and conditions.
TERMS USED
‘The seller’ refers to Plaster Centre (Hamilton) Limited.
‘The buyer’ refers to any legal entity purchasing from the seller.
GENERAL
These Terms and Conditions of Sale 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).
ORDER PROCESS
The Plaster Centre (Hamilton) Limited Website “the 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 Terms and Conditions of Sale. The seller may or may not accept any buyers order for goods which are not held in stock by the seller at time the order is placed by the buyer. We do not guarantee the availability of any products advertised on this Website.
The seller’s acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.
If we reject the buyer’s offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of the buyer’s original offer or our non-acceptance of that offer.
Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
Where the buyer and the seller 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 the seller.
Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer.
Ownership of all goods sold by the seller (‘the goods’) is retained by the seller until full payment is received for amounts owing in respect of all goods supplied.
Only persons who are able to enter into legally binding contracts with us for the purchase of the goods or services are able to make an offer to purchase.
The buyer may order products from the seller by completing and submitting the checkout process on the 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 buyer’s order.
THE SELLER’S DISCRETION IN REJECTING ORDERS
No order shall be deemed accepted by the seller until the seller has confirmed the buyer’s 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 buyer’s 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.
Acceptance of the orders shall be communicated to the buyer in the form of an email sent to the address provided by the buyer to confirm that the products have been dispatched to the buyer or that the products are ready to be picked up by the buyer. Verification of information may be required prior to the acceptance of any order.
PRICES
All prices are displayed in New Zealand Dollars (NZD) and exclude GST. GST and any applicable shipping charges are added to the order price at checkout. The prices displayed online are available for online orders only and may differ from prices in-store. The seller’s prices are subject to alteration without notice and the price payable by the buyer for the goods ordered shall be the price ruling at the date the goods are purchased and the payment is completed using one of the payment methods offered on the website.
AVAILABILITY, CANCELLATION AND RETURN
All orders are subject to the availability of products. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyer’s order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
Goods supplied by the seller, where unused and the packaging is unopened and in good condition, may be accepted for return within 14 days of the date of supply subject to the following:
- Goods must be returned, at the buyer’s expense, unused, in their original packaging, into the seller’s store.
- The buyer must provide proof of purchase.
- Acceptance of the goods is conditional on an assessment to determine they are undamaged, and in good working order.
Upon acceptance of the return, the buyer will be issued a store credit for the full amount of the purchase price paid, excluding freight. The resulting credit may be used to offset the cost of any future purchase. Any cash refunds are given at the sole discretion of the Seller. Goods sold at ‘disposal’ or heavily discounted prices (eg. 40% + discount) will not be accepted for return.
Goods that are made-to-order, such as tinted paint, will not be accepted for return.
All sales of goods by the seller, except those used for business purposes, are governed by the provisions of the Consumer Guarantees Act.
ONLINE PAYMENT
Safe and secure online shopping is provided by our partner Stripe. We accept payment by debit card, Visa and Mastercard only online. Once your credit card details have been entered when prompted on purchase, your credit card will be charged to the value of your purchase in New Zealand dollars (subject to authorisation).
SUPPLY
Once the seller has confirmed acceptance of the buyer’s order, the seller will notify the buyer when the products are available for pick up (Click and collect) or have been shipped to the address specified by the Buyer when placing the order.
We may cancel the transaction, notwithstanding that the order has been confirmed and your credit card has been charged if the products are listed at an incorrect price, listed with incorrect information or out of stock, due to a (i) typographical error or other similar oversight; or (ii) a system error, technical error or other similar error.
If a cancellation occurs in accordance with paragraphs (i), (ii), after your credit card has been charged for the purchase through this Website, we will as soon as possible issue a credit to your credit card account equal to the purchase price.
DELIVERY
The seller reserves the right to dispatch the buyer’s order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered.
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
The buyer shall pay the cost of delivery from the point of dispatch of the goods by the seller.
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 the customer gives notification of the shortage within 24 hours of the delivery and provides a reasonable opportunity for the seller to investigate the claim. Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
- Prior to acknowledging delivery to the carrier the buyer 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 24 hours of the receipt of consignment the buyer must ensure that all goods received are in good order and condition.
No claims will be considered after 24 hours of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.
CONSUMER GUARANTEES ACT 1993
In the event the transaction 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 buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the buyer’s rights under the Act, to the intent that no provisions shall any way limit the buyer’s rights under the Act.
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 seller’s 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 the buyer may directly or indirectly suffer in connection with the buyer’s 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.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment, or to damage caused by transportation, flood, fire or acts of God.
The buyer must ensure that appropriate overload protection is installed when using electrical equipment supplied by the seller.
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 the 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.
DESCRIPTION OF PRODUCTS
Modifications and improvements to the seller’s products, prices and data are constantly being made.
Although the seller has endeavoured to ensure that the product and pricing information provided on the 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 website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
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 fitment of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller’s reasonable control.
CHANGES TO THESE TERMS AND CONDITIONS OF SALE
The seller reserves the right to change these Terms and Conditions of Sale from time to time by publishing the changed terms on the website. When revised Terms and Conditions of Sale are published on this website, all orders submitted by the buyer after the revised Terms and Conditions of Sale are published shall be subject to the revised Terms and Conditions of Sale.
SEVERABILITY
If any provision of these Terms and Conditions of Sale are 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 Terms and Conditions of Sale (and any contracts to which these Terms and Conditions of Sale 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 Terms and Conditions of Sale (and any contracts to which these Terms and Conditions of Sale apply).
COSTS
The buyer agrees to pay to the seller 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 the seller as a consequence of default or which the seller considers in any way necessary to incur in the attempted protection, enforcement or attempted enforcement of the seller’s rights and remedies pursuant to this agreement.
SPECIAL TERMS AND CONDITIONS
By acknowledging acceptance of these Terms and Conditions, you are also confirming to the seller that you agree to any special terms and conditions in respect of any special offers or promotions that may be applied to your purchase or are otherwise applicable to you.
