1.1 We’, ‘Us’ and ‘Our’ shall mean JS Interiors Limited and its agents and employees.
1.2 ‘You’ shall mean the customer, its agents and employees, or any person acting on behalf of and with the authority of the customer, or any person purchasing Goods from us.
1.3 ‘Goods’ shall mean all goods or services provided by us to you and shall include, without limitation, any fee or charge associated with the supply of goods by us to you.
1.4 ‘Price’ shall mean the cost of the Goods as agreed between us and you subject to clause 3 of these Terms and Conditions.
2.1 Any instructions or order received by us from you for the supply of Goods shall constitute acceptance of these Terms and Conditions.
2.2 The terms set out in any email or letter override these Terms and Conditions if there is any inconsistency between them.
2.3 All Goods ordered by you and accepted by us are subject to the availability of the Goods. If Goods are not available for any reason, either you or we may cancel your order and all monies paid, if any, will be immediately refunded without any further claim by either party.
3.1 Where no price is stated in writing or agreed to orally the Goods shall be supplied at our standard rate as at the date of supply.
3.2 The Price may be increased by the amount of any reasonable increase in the cost of supply of the Goods that is beyond our control between the date of the contract and the date of the supply of the Goods.
3.3 All prices of Products listed on our website are New Zealand Goods and Services Tax (GST) inclusive.
4.1 Payment for the Goods shall be made in full unless alternative arrangements have been made (“the Due Date”).
4.2 Interest may be charged on any amount owing after the Due Date on any amount which is more than 7 days overdue at the rate of 1 % per month or part month.
4.3 Should you fail to pay your invoices by the Due Date then you shall pay all of our costs and expenses (including legal costs) which may be incurred in the recovery or attempted recovery of overdue amounts from you.
4.4 If your account is in default, we may cease work on any matter for you until the default is remedied.
4.5 Prior to the supply of Goods, we may require a deposit from you. If we do, we may withhold any Goods until the deposit has been paid.
4.6 Payment will be accepted by online banking or in person at our Showroom. Credit card payment over the phone is available for registered customers only. New customers will be asked to complete a registration form. This is for customer security.
5. Ownership and Risk
5.1 Ownership of Goods remains with us until payment is made in full for the Goods.
5.2 We supply the Goods to you on the condition that we have a purchase money security interest (as defined in the Personal Property Securities Act 1999) in the Goods.
5.3 If payment for the Goods is overdue in whole or in part we may repossess and resell or retain the Goods and may for that purpose enter upon your premises or any other premises upon which the Goods are situated at any time and without notice and without being in any way liable to you or any other person or entity.
5.4 If you dispose of any of the Goods before payment is made in full, you shall hold the proceeds of sale in trust for us.
5.5 The risk of any loss or damage to any Goods sold, or deterioration of the Goods, due to any cause whatsoever shall pass to you upon delivery of the Goods. If the Goods remain on our premises owing only to the failure of you to accept the Goods or at your request, such Goods shall be at your risk.
6.1 On delivery of Goods, you are responsible to inspect the Goods as soon as reasonably possible to check that your order is complete and not damaged in any way. If the order is incomplete or damaged, you are asked to notify us within 48 hours and supply us with whatever information or evidence you may have relating to the incomplete order or damaged Goods.
6.2 Subject to clause 6.1 and any obligation we have under the Consumer Guarantee Act 1963, if applicable, we will arrange for the order to be correctly completed and delivered or the damaged Goods replaced. If Goods are observed to be damaged on arrival, you are asked to send the damaged Goods back with the same delivery driver if that is feasible at the time and notify us immediately.
7.1 If you have signed this agreement as a guarantor, you agree that we may recover from you payment of any moneys owing by the customer to us.
8. Limitation of Liability
8.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or the fees paid under the invoice for the Goods.
8.2 Except as otherwise provided by clause 8.1, we shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of the Goods to you, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the Goods provided by us to you.
8.3 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where we provide the Goods for the purposes of a business in terms of sections 2 and 43 of the Consumer Guarantees Act 1993.
8.4 We will not be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where such delay or failure is caused directly or indirectly from causes beyond our control (including any failure by any of our suppliers to supply on time).
8.5 Except as otherwise stated in clause 8.1 we will not be liable to you for any loss or damage arising out of any misuse or abuse of the Goods or in the case of any Express Warranty provided by a manufacturer, any failure to comply with the requirements for the use or maintenance of the Goods as stated in such express warranty.
9. Warranties and Warnings
9.1 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to the Goods or Services except where the Goods are supplied pursuant to the Consumer Guarantees Act 1993 (subject to clause 8.1 and 8.3) or particular Goods are supplied with a manufacturer’s Express Warranty included in which case such warranty will apply.
9.2 We take pride in the Goods we supply to our customers and subject to these Terms and Conditions we stand behind the quality of the Goods we supply when they are properly used and maintained or where applicable used in accordance with any manufacturers Express Warranty for any particular type of Goods.
9.3 You acknowledge that you are aware that many of the Goods supplied are manufactured by hand (some by overseas manufacturers) and comprise natural material such as wood or stone. As a result each item tends to be unique but there may be minor imperfections or faults which are not apparent to us at the time they are supplied to you.
9.4 If you observe an imperfection or fault arising from the use of any Goods supplied by us within twelve (12) months of these Goods having been delivered to you, then subject to these Terms and Conditions and particularly clause 8, which recognises that you may have certain additional rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, if we are satisfied in our discretion having regard to reasonable and normal use of the Goods and the material composition of the Goods that there is in our view a justified claim of imperfection or defect, then we will at our cost either remedy the imperfection or defect if that is reasonably possible or replace the item for you if a replacement is available. You should appreciate however that sometimes remedies or restoration cannot entirely remove the imperfection in some items due to the nature of the material used in the item or the work undertaken to repair an item.
9.5 Where particular Goods are manufactured and an Express Warranty is provided by the manufacturer, you should take particular note to comply with the manufacturer’s requirements for use and maintenance of the Goods where that is applicable. You should note any specific disclaimer that may apply to such Goods with regard to standards of use and location. (Examples are chairs or bar stools which should not be misused or used by persons over 100kg. Bathroom vanity units constructed of natural timber should be kept in a dry location in a room with good air circulation. Indoor chairs made out of plastic should be kept away from sunlight as much as possible to prevent UV damages)
10. Seven (7) Day Money back Guarantee
10.1 Without prejudice to any other rights you may have under these Terms and Conditions for damaged or defective Goods, you may elect for any reason to cancel your order for Goods within seven (7) days of physical delivery of the Goods to you provided:
10.1.1 You must notify us and dispatch the Goods back to our warehouse at your expense within the seven (7) day period from delivery to you.
10.1.2 The Goods must be returned undamaged to us in their original condition of delivery to you and must not have been the subject of any regular or continuous use during your period of possession.
10.1.3 The return of the Goods to our warehouse shall remain at your risk until they are received by us and we accept no responsibility whatsoever for Goods damaged in transit back to us.
10.1.4 You accept that you will be charged a re-stocking fee of 20% of the price of the Goods.
10.1.5 Customised pre-order Goods do not qualify for this right of cancellation and seven (7) Day Money Back Guarantee.
10.2 If you elect to cancel your order and return the undamaged goods to us then subject to clause 10.1 we will refund you the Price paid by you for the Goods less the re-stocking deduction referred to in clause 10.1.4.
11.1 Subject as otherwise stated in these terms and conditions and particularly clause 8.1, all returns of Goods to us shall be dispatched within 48 hours to our warehouse if that is reasonably practicable and please note the following:
11.1.1 Shipping charges may not be refundable if the Goods are damaged in transit back to us or have been damaged through their use by you.
11.1.2 Shipping charges are payable by you if the damaged or defective goods have been caused by your actions or omissions.
11.1.3. All returned Goods must be unused.
11.1.4 All returned Goods must be returned with their original packaging if reasonably possible and double boxed (Goods and packaging in separate boxes).
11.1.5 Appropriate insurance should be arranged with the original shipping company. (We can advise further details as required).
12.1 You indemnify us and our officers, directors, agents, advisers and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis that we or any of our officers, directors, agents, advisers or employees incurs or suffers as a direct or indirect result of the provision of the Goods by us to you pursuant to this agreement or any breach of these Terms and Conditions of Engagement by you.
13. Privacy Act
13.1 You agree that we may disclose information we hold about you to credit reporting and/or debt collection agencies, as necessary to recover any amount you owe us. You also agree that we may obtain information about your credit history from appropriate agencies.
14.1 These Terms and Conditions shall be binding on the legal representatives, assignees and successors of both parties.
14.2 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.3 No failure or delay on the part of either party in exercising any power or right under these Terms and Conditions will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of the same, or any other right or power contained in these Terms and Conditions.
14.4 All intellectual property relating to the Goods supplied including trademarks and copyright remains at all times the property of the retail owner and must not be infringed in any way by you.
14.5 From time to time, there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or to update information at any time without prior notice (including after you have submitted your order, provided in that event you shall have the right, upon notice to us, to cancel your order and, if cancelled, you shall return the Goods immediately). We apologise for any inconvenience this may cause you.
15. Governing Law
15.1 These Terms and Conditions shall be governed by the laws of New Zealand and you shall submit to the non-exclusive jurisdiction of the Courts of New Zealand.