WEBSITE TERMS OF ACCESS AND
GENERAL TERMS AND CONDITIONS OF TRADE
1 Acceptance
1.1 These are the terms between us, Luxury Orthopaedic Beds Limited, and you, the Customer. If you accept a Quote from us, or otherwise purchase Goods from us, you accept that these terms apply to that purchase of Goods (unless we otherwise agree in writing).
1.2 Regardless of whether you purchase Goods from us, you accept that your use of our website is governed by these Terms (as are applicable to website use). By accessing and browsing our website, you represent that you have read, understood and accepted these Terms and agree to be bound by them.
2 Quotes and Pricing
2.1 Quotes given are valid for 14 day and are in NZD including GST. s, provided that:
(a) we may withdraw a Quote at any time before you accept it in writing; and
(b) Quotes are based on costs and charges applying at the date of Quote and are subject to change as per Term 2.3 below.
2.2 Unless stated otherwise, all amounts stated in Quotes, on our website, Facebook page or other advertising material are inclusive of GST and any credit card merchant fees but exclusive of any delivery charges.
2.3 We reserve the right to change prices and delivery charges at any time and for any reason. If you have already placed an order for Goods or we have issued a Quote, we will only increase the price and/or delivery charges if there has been a change in cost arising from sources beyond our control. We will contact you to advise of the increased price/delivery charges and you can elect to cancel/amend your order should you not accept the increased price/delivery charges.
3 Payment
3.1 We will issue an invoice for the purchase price of the Goods and delivery, if applicable. The invoice must be paid prior to the Goods being delivered or you collecting the Goods.
3.2 No retentions or other withholdings are to be deducted from your payment.
3.3 Any amount which is not paid within due will incur interest at the rate of 2.5% per month compounding daily on the outstanding balance (both before or after any judgement, and in addition to any other rights and remedies). We also reserve the right to claim the costs of recovering any debt (including debt collection and legal costs on a solicitor-client basis).
3.4 We offer a number of payment options, including EFTPOS, credit card, bank transfer or finance options via third party companies (such as Q-card).
4 Purchasing Online
4.1 We use reasonable endeavours to ensure that our Goods are accurately depicted on our website, Facebook page and other marketing material. Please note that colours, textures and dimesons may differ slightly due to computer/device resolution/screen settings. Please choose your Goods carefully as there are no refunds in this instance.
5 Cancellation Policy
5.1 We reserve the right to cancel any order for Goods for any reason. We will notify of any cancellation by email or phone. We will provide you with a full refund of all monies you have paid us for the Goods for which your order has been cancelled.
5.2 Once you have paid for Goods, you are unable to cancel your order, unless permitted by law.
6 Warranty
6.1 The Goods are supplied with a limited manufacturer’s warranty of which the terms may vary depending on the brand and/or product type. In all cases, the limited manufacturer’s warranty will only cover the Goods for any defects in materials and workmanship for the stated time period.
6.2 To the maximum extent permitted by law, any condition, warranty or term which would otherwise be implied into these Terms is hereby excluded.
7 Consumer Goods
7.1 Nothing in these Terms affects any rights that you may have as a “consumer” under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.
7.2 In the event of a claim by you, we may elect, in our sole discretion, to repair or replace the Goods, or refund the price you paid for the Goods. These are the sole remedies available to you for default by us under these Terms.
8 Business Transactions
8.1 If the Goods are supplied for the purposes of a business, then to the maximum extent permitted by the law, all guarantees, warranties, rights, or remedies implied by the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other guarantees, warranties, or provisions that would otherwise be implied by statute or rule of law are expressly excluded.
9 Delivery/Collection/Lead Times
9.1 Please note that Goods have varying lead times. When you place an order for Goods, we will provide you with an estimated date by which your Goods will be ready for pick up/delivery. Please note that the estimated date is an estimate only and we will not be liable for any delays.
9.2 If you select pick up of the Goods, you must collect your Goods from our warehouse within 14 days of your payment for your Goods (unless we agree in writing to an extension of this period).
9.3 If you select delivery of the Goods, you warrant that reasonable access is available for delivery. If reasonable access is not available, or no one is home to take delivery at the agreed delivery time, you will be charged for any subsequent delivery.
9.4 Delivery times quoted by us are approximate only and we are not liable for any delays.
9.5 Please inspect your Goods carefully upon delivery. Any damage detected must be immediately reported to the delivery carrier and to us. Once you have inspected your Goods and signed the delivery carrier’s form noting any damage, you agree that the delivery form is then evidence of the condition of the Goods as at the time of delivery.
9.6 Risk in the Goods will pass to you upon delivery of the Goods to your nominated address.
10 Limitation of liability
10.1 Except as otherwise set out in these Terms, we are not liable to you for any damage, loss, cost or expense, arising out of or relating to:
(a) the supply of the Goods;
(b) your use the Goods;
(c) your use of our website, Facebook page or other selling/marketing medium; or
(d) your reliance on information contained on our website, Facebook page or other selling/marketing medium.
10.2 Our maximum liability to you in respect of any claim relating to the Goods shall be limited to the value of the Goods supplied.
11 Security Interest
11.1 You acknowledge that title to the Goods remains vested in us until all amounts owing to us have been paid in full.
11.2 For the purposes of the PPSA, you agree that a security interest is granted all Goods supplied by us to you, and all proceeds of those Goods) to secure all amounts owing to us. We may apply all payments in such manner as is desirable to preserve any purchase money security interest in that property. Nothing in section 116, 120(2), 121, 125 to 127, 129, 131, 133 and 134 of the PPSA applies to the security interest, and you waive the right to receive a verification statement in respect of any security interest.
12 Website: Intellectual Property
12.1 You acknowledge and agree that all content and materials available on our website are protected by copyrights, trademarks or other intellectual property rights and laws. No content or material on our website may be reproduced, adapted, linked to, distributed or used in any way without our prior written consent. However, you may print or download one copy of the materials or content on our website for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Modification of any of the materials or use of the materials for any other purpose will be a breach of our copyright and other intellectual property rights.
13 Website: Links
13.1 Our website may include or contain links to third party material, advertising and promotions. Any dealings you have with any such third party are solely between you and that third party and, to the extent that we assist you in such dealings, we do so purely as an agent for the relevant third party. While we have taken reasonable care to ensure that all such third parties are reputable, we will not be responsible for the contents of any third-party material or promotion or be liable for any direct or indirect loss or damage suffered by you (or any other party) as a result of accessing, using, relying on or trading with such third parties. Links to any other sites are provided for convenience only and do not represent any endorsement by us of the products or services offered by the site owner.
13.2 We request that you seek permission prior to linking to our website. If you create a link to our website, you remain fully responsible for any consequences of that link, and you will fully indemnify us against all costs, claims, damages, losses and other liabilities arising from, or in connection with, that link.
14 Website: General Disclaimer
14.1 While we have endeavoured to ensure that the content and material on our website is free from error, we do not warrant its accuracy, adequacy or completeness or that it is suitable for your intended use.
14.2 We do not warrant that any materials on our website or functions contained in such materials will be uninterrupted or error-free, that defects will be corrected or that our website or its server are free of any virus or other harmful elements. We reserve the right to modify, disable access to or discontinue, temporarily or permanently, part or all of our website or any information contained on our website without liability or notice to you.
15 Website: Liability
15.1 Your use of our website is at your own risk. You agree that we are not responsible for any loss, damage or harm arising out of your use of our website, or your reliance on any information contained on, or accessed through, our website. You also agree that all warranties, conditions and representations in respect of our website (express or implied) are excluded to the fullest extent permitted by law. We are not, and neither is any other party involved in creating, producing or delivering our website, liable for any direct, incidental, consequential, indirect or punitive damages, which are excluded to fullest
extent permitted by law, arising out of your access to, or use of or inability to use, our website.
15.2 If for any reason we are responsible for any damage or harm arising out of your use of our website, in no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort - including but not limited to negligence - or otherwise) exceed the amount paid by you, if any, for accessing our website.
16 Website: Jurisdiction
16.1 New Zealand law governs our website and our website is controlled and operated from our office in New Zealand. We make no representation that links or materials on our website are appropriate or available for use in any other location. If you choose to use our website from a location outside New Zealand then you are solely responsible for compliance with local laws, if and to the extent that such laws are applicable.
16.2 We reserve any other rights available to us which are not expressly set out in these Terms.
17 Website: Modification of Terms of Access
17.1 We reserve the right, at our sole discretion, to modify or alter these Terms as apply to usage of our website at any time without prior notice to you. Such changes will become effective immediately upon their posting on our website.
18 Personal Information
18.1 You agree that we may obtain information about you, either from you or from another person/entity, including any credit or debt collection agencies and direct marketing activities. You consent to any person providing us with such information.
18.2 You agree that we may use any information we have about you and provide that information to any other person for purposes of any credit assessment, debt collection, enforcing any rights under these Terms, payment, delivery and/or marketing.
18.3 Personal information collected for the above purposes will be retained by us in our database. You have the right under the Privacy Act 2020 to access any personal information held about you and to request correction of our database.
18.4 By placing an order for Goods from us you are also expressly authorising us to provide your details (including without limit your name, address, phone numbers) to our suppliers to assist in the delivery process (note: we do not retain any details relating to credit cards used to order Goods).
18.5 Other than as set out in these Terms your information will not be made available to any other organisation.
19 General
19.1 You shall not assign any or all of your rights or obligations under these Terms.
19.2 We shall not be liable for delay or failure to perform our obligations if the cause of the delay or failure is beyond our control.
19.3 Failure by us to enforce any of these Terms shall not be deemed to be a waiver of any of the rights or obligations we have under these Terms.
19.4 The law of New Zealand shall apply to these Terms.
19.5 Where these Terms are at variance with the order or instruction from you, these Terms prevail.
19.6 If any provision of these Terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
20 Definitions
20.1 In these Terms:
Customer means the person purchasing Goods from us.
Goods means the goods we supply to you pursuant to these Terms (and, if there is a Quote, as specified in the Quote).
including does not imply limitation.
PPSA means the Personal Property Securities Act 1999.
Quote means a quote, quotation, letter, email or other documentation given by us to you describing the Goods to be supplied.
Terms means these Website Terms of Access and General Terms and Conditions of Trade.
we, us and our means Luxury Orthopaedic Beds Limited.
you and your shall mean the Customer and any person acting on behalf of and with the authority of the Customer.