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1.1 For the purposes of this agreement:
(i) “Supplier” shall means GJ Furniture Limited and its successors and assigns,
(ii) “Customer” means the customer or any person acting on behalf of and with the authority of the Customer,
(iii) “Goods” shall have the same meaning as section 2 of the Sale of Goods Act 1908 and are goods supplied by the Supplier to the Customer (and where the context so permits shall include any supply of Services as defined hereunder)
(iv) “Services” shall mean all services supplied by the Supplier to the Customer and include any advice or recommendations (and where the context so permits shall include any supply of goods as defined above).
(v) “Price” shall mean the costs of the Goods as agreed between the Customer and the Supplier in this Agreement.
1.2 Any instructions received by the Supplier from the Customer for the supply of Goods shall constitute acceptance of these terms and conditions contained herein. Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be modified or varied in writing with the written consent of the Supplier.
1.3 While every reasonable effort is made by the Supplier to update details and availability of Goods, it is unavoidable due to unforeseen circumstances and high customers demand that stocks may become unavailable from time to time. Orders will be taken on first come first served basis and Customers are advised to place their orders as soon as possible to avoid disappointment. Where orders are received for Goods which are out of stock, the Supplier will make all reasonable efforts to contact the Customer using their contacts details provided to advice.
2. Retention of Title
2.1 Title to the Goods shall pass to the Customer on payment of the full Price. Pending payment of the full Price;
(i) If the Goods are incorporated into other goods such goods shall vest in the Supplier to the value of the Goods.
(ii) The Customer shall hold the Goods as fiduciary agent and bailee for the Supplier;
(iii) If the Customer sells the Goods to third party the Customer shall be the agent of the Supplier and shall hold the proceeds of sale as trustee for Suppliers.
2.2 If payment by the Customer is overdue the supplier may enter upon and into the premises or land owned, occupied or used by the Customer or any premises or land as the invitee of the Customer where the Goods are situated at any time to inspect or take possession of the Goods without being responsible for any damage thereby caused.
2.3 The Customer undertakes to indemnify and keep the Supplier indemnified against all liability incurred in connection with or as a result of the supplier exercising its rights under clause 2.2 above.
3. Information and Privacy Act
3.1 For the purpose of facilitating the efficient running of the Supplier’s business, the Customer authorizes the Supplier;
(i) To collect all information relating to the Customer, that the Supplier may require from any third parties and authorizes those third parties to release that information to the Supplier; and
(ii) To hold all information given by the customer or any third parties to the Supplier; and
(iii) To use that information, including giving information to any other person to facilitate collection of debts from the Customer.
3.2 The information will be collected, held and used on the condition that:
3.2.1 It will be held securely at the Supplier’s office; and
3.2.2 It will be accessible to any of the Supplier’s employees and agents who need access to it for the efficient running of the supplier’s business; and
3.2.3 The customer may request access to and correction of it at any time.
4.1 Risk in any Goods supplied to the Customer will pass to the Customer when the Supplier parts with possession of the Goods, or the Goods leave the Supplier’s premises of sale, or are delivered to the Customer or to the carrier or the time you paid for the Goods, whichever is the earlier.
4.2 Unless otherwise agreed in writing, the Supplier will be deemed to have parted with possession of the Goods once the Goods have left the Supplier’s premises.
4.3 If any of the Goods are damaged or destroyed or lost prior to title to them passing to the Customer, the Supplier is entitled without prejudice to any of its other rights or remedies under these terms and conditions (including the right to receive payment of the balance of the price for the Goods) to receive all insurance proceeds payable in respect of the Goods. This applies whether or not the Price has become payable under these terms and conditions. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the supplier to make further enquires.
The Supplier will apply the insurance proceeds as follows:
(i) first in payment of the Price of the Goods that are damaged, destroyed or lost, if unpaid;
(ii) second, in payment of the outstanding Price of any other goods supplied to the Customer whether under these terms and conditions or otherwise;
(iii) third, in payment of any other sums payable to the Supplier by the Customer on any account; and
(iv) fourth, any balance of it to be paid to the Customer.
5. Delivery and Freight
5.1 Unless otherwise agreed in writing, the Customer shall be responsible for the costs of and arranging transportation of all Goods. If the Supplier has agreed to deliver the Goods, the Supplier will make every reasonable effort to keep to delivery schedules, but will take no responsibility for delivery delays beyond its control and the failure of the Supplier to deliver shall not entitle either party to treat this Agreement as repudiated. The Customer agrees to accept delivery as soon as the Goods are able to be delivered. Unless otherwise agreed in writing, point of delivery will be at the Supplier’s premises. The Customer agrees to acknowledge safe delivery of the Goods by signing on the Supplier’s delivery note or such similar document which the Supplier may require.
5.2 The Supplier shall not be liable for damages or for delay in delivery or for failure to give notice of delay when such delay is due to condition beyond the Supplier’s reasonable control.
5.3 Delivery fee will be charged and varies between goods and locations. Re-delivery fee will be incurred when a scheduled delivery needs to return to the supplier for any reason not of the Supplier’s making.
5.4 Assembly fee will be charged as per Customer request. Unless otherwise agreed in writing, from NZD35 assembly fee per item and per time applies to Goods that need to be assembled or disassembled.
5.5 Unless otherwise agreed in writing, a NZD25 extra delivery fee applies to the delivery in apartment/stairs/elevator area. The Customer will inform the Supplier when booking delivery, or the Customer agrees to pay the extra delivery fee upon delivery.
6.1 With respect to quotations, prices will be confirmed in writing at the time of order but otherwise prices are subject to change without notice. Unless otherwise agreed in writing all freight, insurance and delivery charges and assembling or disassembling fees will be additional to any Price quoted.
7. Terms of Payment
7.1 Full payment is required at the time of order.
7.2 Payment by way of credit cards can only be made by the Customer attending to one of GJ Furniture Stores using any one of the following credit cards: Visa, MasterCard, Farmers Card or Q Card.
7.3 Payment by Customer not using credit cards as aforesaid shall make payment by direct credit into GJ Furniture bank account, details of which will be provided by the Supplier once order is received and confirmed by the Supplier.
7.4 In using the Supplier’s Transaction Processing Service for the purchases of the Goods, the Customer represents and warrants that he/ she is over 18 and has the legal capacity to contract in New Zealand. As the Customer is using a credit card to process a transaction, the Customer represents and warrants that the credit card is issued in his or her personal name and that the Customer shall pay to the issuer all charges incurred through the use of Transaction Processing Services.
8. Consumer Guarantees Act
8.1 Nothing in these terms and conditions is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 except to the extent permitted by the Act and these terms and conditions are to be modified to the extent necessary to give effect to that intention.
8.2 If the Customer purchases or indicates that the purchase of the Goods is for the purposes of a business then those provisions of the Consumer Guarantees Act 1993 will not apply.
8.3 The Supplier has not, in relation to the supply by the Supplier of the Goods, given or made any undertaking, assertion or representation in relation to the Goods without the prior written approval of the manufacturer.
8.3 The Customer acknowledges that the Supplier has not given any other guarantees as defined under the Act or any other form of warranties other than those expressly confirmed in writing.
9.1 Subject to the Consumer Guarantees Act 1993, Goods supplied shall be subject to the terms and conditions of the warranties and the guarantees provided by their respective manufacturer’s warranty. The Supplier shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
9.2 No warranty whatsoever is given by the manufacturer in respect of any unless specifically stated in writing by the manufacturer.
9.3 Warranty (if any) is only valid when the Goods are used within New Zealand. Goods which were bought for commercial or overseas use are not covered by the warranty.
9.4 The Supplier offers one year warranty on all goods.
10. Cancellations and Refunds
10.1 No order, once accepted by the Supplier may be cancelled or varied by the Customer except for cause. Any cancelled orders, where stock is accepted back, will incur a restocking fee of 15% of the Price. No cancellation or refund on custom made Goods. Goods if accepted for return must be in as new and saleable condition.
10.2 The Customer is responsible for careful selection of Goods (e.g. goods fit into the customer’s house).
10.3 The Customer agrees there is no refund if they change their mind and understands the Supplier will only repair or replace the faulty products.
11.1 The Customer shall inspect the Goods on delivery and shall within two (2) days of delivery notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery. If the Customer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
12.1 If any of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.
12.2 All Goods supplied by the Supplier are supplied subject to the laws of New Zealand and the supplier takes no responsibility for changes in the law that affect the Goods supplied.
12.3 To the fullest extent that any applicable law does allow the exclusion or limitation of liability, in the event of any breach of the terms and conditions of this agreement, the supplier shall not be liable for any loss of profits or any consequential, direct or indirect or special loss or damage, or injuries of any kind resulting from or in relation to the goods or the use of them. This limitation applies whether the alleged liability is based on contract, tort or negligence, strict liability of any other basis whether or not the supplier has been advised of the possibility of such damage.
12.4 In the event of any breach of the terms and conditions of this Agreement, the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the supplier exceed the price of the Goods or the replacement thereof.
12.5 Neither party shall be liable for any default due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or any other event beyond the reasonable control of either party.
12.6 Nothing in this Agreement shall impose any direct personal liability whatsoever on the part of the Supplier’s directors, shareholders or employees.