1.1 In these Terms of Sale the following words have the following meanings:
(a) Act means the Consumer Guarantees Act 1993;
(b) Consumer has the meaning set out in the Act;
(c) Customer means the person, company or other entity ordering goods from the Supplier.;
(d) Goods means products supplied to and/or delivered to the Customer including pillows, duvet inners, mattress protectors, mattress toppers, fitted sheets, sheets, pillow cases, duvet outers and any other bedding products on the website www.hefel.co.nz .
(e) GST means Goods and Service Tax;
(f) Supplier means Premium Bedding Limited together with their agents or licencees;
1.2 The terms and conditions are governed by New Zealand law. Any transaction is deemed to have taken place in New Zealand no matter where acceptance of the offer(s) has occurred.
2.1 These terms of sale govern the supply of Goods by the Supplier to the Customer regardless of any terms which may be included in a Customer’s order or Customer’s acceptance of any quotation issued by the Supplier. If there is any conflict between these terms of sale and any terms of business used by the Customer then these terms will prevail. The only circumstances where any variation to these Terms of Sale will apply is where the Supplier has expressly agreed in writing to that variation.
2.2 The Supplier shall not be required to supply any Goods to the Customer in respect of any order for Goods unless the Supplier accepts the Customer’s order. The Supplier may suspend or terminate the delivery of Goods where the Customer is in breach of its obligations hereunder.
2.3 Once an order is placed by the Customer with the Supplier the Customer cannot cancel the order without the Suppliers consent. The Customer must check their order before it is submitted as any changes to the goods in the order may only be made with the consent of the Supplier.
2.4 The Supplier acts in good faith to maintain accurate content on its website. If a mistake is made and incorrect information is displayed such as, but not limited to, product description(s), price, photo(s), colour or stock level the supplier reserves the right to cancel any order based on incorrect information, and will offer a refund as compensation.
2.5 The representations made by the Supplier about the goods have been made in good faith. The Customers acknowledges that:
(a) The colour of the actual Goods may differ in shade to Goods shown on the website.
(b) The Customer has to make sure that they order the correct size Goods for their requirements. The sizing information that has been given is based on standard New Zealand bedding sizes. The Customer has the responsibility to ensure that the size they order is the size that will meet their requirements. If the Customer is ordering European sized Goods or custom made Goods the customer must make sure that the size they order is going to fit their requirements and it is the Customers responsibility to ensure they order the correct size.
2.6 In submitting an order to the Supplier the Customer warrants that:
(a) They agree to these terms and conditions and have complied with all applicable laws.
(b) They are aged 16 years or older.
3 Price & GST
3.1 The price of the Goods will be the Supplier’s price current at the date the Supplier accepts the Customer’s order for the Goods.
3.2 The Supplier may change the price of the Goods at any time without giving notice to the Customer.
3.3 Prices include GST for orders within New Zealand. Any orders shipped outside New Zealand will not be charged GST but may be subject to import duty and other taxes if they are of high enough value. The Customer should contact their local tax or customs authorities if they are unsure if their order will be subject to these charges or taxes. If the Customers order is subject to any tax or duty this will not be charged to you on your order by the supplier.
3.4 If you are not a New Zealand Customer the amount you are charged on your credit card for Goods may vary according to the currency conversion on the day of your purchase or the date of the charge to your credit card.
4.1 The Customer shall pay the Supplier in full for any orders when they place their order. Payment terms are outlined in the Payments section of the Suppliers website www.hefel.co.nz
5.1 Unless otherwise agreed the Supplier will arrange delivery of Goods at no charge in New Zealand as outlined in the shipping section of the Suppliers website www.hefel.co.nz .
5.2 For orders outside New Zealand the price of Goods excludes the cost of delivery of the Goods. The Supplier may arrange delivery and will be entitled to charge the Customer for additional costs the Supplier may incur. These costs will be outlined in the checkout section of the website www.hefel.co.nz when placing an order.
5.3 The Supplier will endeavor to meet agreed delivery dates and times but will not be liable for any loss the Customer may suffer as a consequence of late delivery nor may the Customer cancel any order for late delivery.
5.4 Delivery will be deemed to have been made when the Goods arrive at the delivery point agreed with the Customer or if the Customer is to arrange delivery of the Goods, when the Goods are available for collection by the Customer.
5.5 If the Customer fails or refuses to take delivery of the Goods, the Supplier may (without limiting any other rights it may have) charge the Customer for any expenses or additional costs incurred by the Supplier as a result of the delay.
5.6 If due to the size of the Goods it is not practical or there are restrictions on access a calling card will be left for the Customer to contact the delivery agent who will instruct the Customer where the Goods can be collected from. If the Customer requires the Goods to be re-directed the Customer may be liable for any redirection charges.
5.7 All claims for short or defective delivery, or Goods damaged in transit, must be made to the Supplier within twenty-four hours of delivery.
5.8 When completing an order the Customer must give the Supplier correct personal information so that the Goods ordered can be delivered. The Customer allows the Supplier to pass this personal information onto delivery agents used by the Supplier to deliver the Goods to the Customer.
6 Ownership, Risk and Re-sale
6.1 Ownership of Goods will not pass to the Customer until all amounts owing by the Customer to the Supplier in respect of those Goods and all other Goods supplied by the Supplier have been received by the Supplier..
6.2 If the Customer resells any Goods before ownership passes, the Customer may do so only by way of bona fide sale in the ordinary course of business.
6.3 Risk in the Goods will pass to the Customer on delivery of the Goods.
7 Privacy Act
By placing an order the Customer authorizes the supplier to pass on personal information of the Customer to enable the processing and delivery of the Customers order(s).
8.1 Goods which are pillows, duvet inners, mattress protectors, mattress toppers, fitted sheets, sheets, pillow cases, duvet outers and any other bedding products on the website www.hefel.co.nz , are covered by a guarantee on the following terms which will be available to the Customer in respect of any supplies of those Goods for personal, domestic, household use or consumption (“End Consumer”):
(a) The Goods will be free from defects in materials or manufacturing for a period of 24 months from the date of purchase by the Customer.;
(b) The Supplier’s liability in respect of the guarantee will be limited to repairing or replacing the defective Goods or refunding the price of the Goods;
(c) The guarantee does not cover defects or damage due to fair wear and tear or defects or damage caused by improper or unreasonable use, transportation or storage of the Goods; The guarantee is only valid if the correct washing instructions have been followed.
(d) The Customer is responsible for returning any Goods which are subject to a guarantee claim to the Supplier;
(e) Notification of any guarantee claim in respect of any Goods must be given to the Supplier within 24 months of the date of purchase by the Customer;
(f) The Supplier will be liable under the guarantees in this section only if the Customer produces proof of purchase of any Good which is the subject of a guarantee claim and that these Goods were purchased from the Supplier. ;
8.2 Subject to clause 8.1:
(a) All warranties (other than any express warranty that may be given by the Supplier in writing to the Customer), descriptions, representation or conditions whether implied by law or otherwise are, and all other liability of the Supplier, whether in tort (Including negligence), contract or otherwise is, expressly excluded to the fullest extent permitted by law;
(b) Insofar as the Supplier may be liable notwithstanding clause 8.2(a), to the extent permitted by law, the total liability of the Supplier whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in the Goods, any failure In respect of any services or any breach of the Supplier's obligations to the Customer is limited to:
(i) the price of the Goods or services complained of; or
(ii) the cost of repairing or replacing the defective Goods or remedying the failure or breach; or
(iii) the actual loss or damage suffered by the Customer,
whichever is the lesser;
(c) Except where statue expressly requires otherwise, the Supplier is not liable in any event for any loss of profits or any consequential indirect or special damage, loss or injury of any kind suffered by the Customer or any other person;
(d) While the Supplier will make every effort to ensure the accuracy of any advice, recommendation, information, assistance or service provided by the Supplier in relation to the Goods supplied by it or their use or application, to the extent permitted by law, the Supplier does not accept any liability or responsibility In respect of such advice.
8.3 If the Customer is a Consumer and acquires Goods or services from the Supplier for personal, domestic, household use or consumption then the Act applies in all respects to that transaction and any provision of these terms of sale which is inconsistent with the Act has no application.
8.4 The provisions of the Act shall not apply to any supply of Goods to the Customer acquired for business purposes, and the conditions, warranties and guarantees set out in the Act or the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
8.5 Where the Customer purchases any Goods from the Supplier for re-supply as, or incorporation into, goods or services ordinarily acquired for personal household or domestic use or consumption (“Consumer Goods”) the Customer warrants that:
(a) If the Customer supplies the Consumer Goods directly to an end user/consumer the Customer will do so using terms and conditions of supply which exclude liability for any claims under the Act; and
(b) If that end user/customer acquires any Goods for re-supply, the Customer will ensure that its customer and each person in the distribution chain will exclude liability in its contract for supply for any claims under the Act;
but in each case only where the end user/consumer acquires Consumer Goods for business purposes. The Customer indemnifies the Supplier and its suppliers against any failure by the Customer, its customers or any person in the distribution chain to properly contract out of liability to business end users/consumers under the Act.
9 Other Rights of the Supplier
(a) any amount payable by the Customer to the Supplier is overdue, or
(b) the Customer becomes bankrupt, insolvent, has a receiver appointed in respect of all or some of its assets, makes or is likely to make an arrangement with its creditors, has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management;
(c) the Supplier may cancel or suspend any outstanding order with the Customer (without prejudice to the Supplier's other remedies);
(d) all amounts owing to the Supplier, whether due for payment or not, will immediately become due and payable;
(e) all costs, including solicitor-client costs incurred by the Supplier as a result of the cancellation or suspension of any order or endeavours by the Supplier to recover any amount payable by the Customer will be payable by the Customer and will become immediately due and payable; and;
9.2 If the Supplier’s right to sell the Goods is terminated in New Zealand, Australia or the Pacific Islands for whatever reason then the Supplier may give notice to the Customer cancelling the Customer’s order. In such case the Supplier will have no liability to the Customer whether in law or equity except to the extent of refunding any deposit paid in respect of the Goods to the Supplier.
9.3 The material on the website www.hefel.co.nz is owned or licensed by HEFEL NZ (Premium Bedding Ltd). This includes without limitation any trade marks, text, graphics and copyright. Except where permitted under the Copyright Act 1994 (NZ) nothing on www.hefel.co.nz can be copied, adapted, reproduced, linked to, transmitted, framed, uploaded to a third party or distributed in any form without written consent from Premium Bedding Ltd.
10.1 From time to time the Supplier may offer special online offers and promotions which include a promotional code. It is the Customers responsibility to enter the correct valid promotional code at the time the order is placed. Once an order has been placed the Supplier can not apply the code retrospectively.
10.2 Each promotional offer will have terms and conditions and will have a time limitation. A promotional code is not transferable and may not be used in conjunction with another promotional offer. If a promotional code is lost or stolen it can not be re-issued.
10.3 The Supplier has the right to extend or terminate a promotion at any time at the Suppliesr sole discretion.
10.4 Promotional offers can not be applied to shipping, duties, taxes or associated services.
10.5 Promotional Goods and prizes cannot be exchanged or returned for cash or credit.
10.6 The Supplier has no obligation to advise an entrant of an incomplete or incorrect entry
10.7 Any promotional discount is a percentage discount off the price displayed on the website www.hefel.co.nz
11.1 All care is taken that the content on www.hefel.co.nz and any data transmitted is free from viruses. The Supplier can not guarentee that anything downloaded or transmitted is free from vruses and it is the Customers responsibilty to scan for viruses. The Supplier takes no responsibility for any damage cuased by any viruses or harmful code and will have no liability to the Customer.
11.2 Any links on www.hefel.co.nz may take the Customer to third party sites. These third party sites are out of the control of the Supplier and the Supplier takes no responsibiliy or liabaility for anything or any damage caused to the Customer by visiting these sites.