TERMS & CONDITIONS OF SALE
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GENERAL
1.1 In these Terms:
(a) Agreement means any order relating to the Goods, together with these Terms.
(b) Customer or You means the person buying Goods from the Seller.
(c) Goods means the Goods specified in the Customer’s order.
(d) Price means the price to buy or hire the Goods on our website or quote.
(e) Seller, We or Us means Abbey Lang Home Limited and its successors and assigns.
(f) Terms means these Terms and Conditions of Sale and Hire.
2. ORDERS AND PRICE
2.1 You may place orders on our website at www.curatedbotanics.com or in response to our quote or invoice, in the case of bespoke Goods or hire orders.
2.2 You agree that each order accepted by us will constitute a separate contract on the terms of this Agreement.
2.3 You will pay the Price, which includes Goods and Services Tax.
2.4 Prices are quoted exclusive of delivery costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price.
2.5 Confirmation and acceptance by the Seller occur when the Seller acknowledges receipt of the order either through an automated email generated through the Seller’s website or other sales platform, or through a non-automated email, or some other form of communication accepting the order.
3. PAYMENT
3.1 Website payments: Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”) or Laybuy.
3.2 Deposit: In the case of bespoke orders we will require payment of a deposit before we start processing your order. Specific payment terms will be on our quote or invoice.
3.3 If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
3.4 Unless otherwise agreed we will only start processing your order once you have made payment in full.
3.5 All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
3.6 In cases where we provide you with credit, failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any of our other rights or remedies, simple interest at 1% per month will be payable on demand from the due date until payment.
3.7 You indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.
4. CANCELLATION AND VARIATIONS
4.1 We do not accept cancellation of sale orders except in extraordinary circumstances. If you do wish to cancel an order please contact us.
4.2 If your event is cancelled you must give us at least 21 days’ written notice in order to cancel your hire booking and receive a full refund. If you give us less than 21 days’ notice we will give you either a credit with us to be used within 6 months OR a refund of 50% of the Price.
4.3 We may agree to variations to confirmed bespoke orders, but these will be subject to an additional charge.
5. DELIVERY, INSTALLATION AND COLLECTION
5.1 General: We undertake to use reasonable endeavours to deliver the Goods within the time specified by us but dates we give for delivery are indicative only. Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability will be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion)
5.2 Delivery and set up: Where you have requested installation for a hire booking we will deliver the Goods to your location on the day of your event. You agree to ensure we have access to the site at least 2 hours before your scheduled event time to allow adequate time for set up. You agree to give us convenient access to the site and ensure the site is clear and unobstructed. If the site has unsuitable or obstructed access and we are required to undertake additional work we reserve the right to charge for such additional work. If we cannot access the site at the required time to install the Goods we reserve the right to cancel your booking and not refund your payment.
5.3 Collection: Where we agree to collect the Goods you agree to ensure they are ready for collection at the agreed time. If we cannot access your site at the agreed time we may charge you an additional fee (as this may interfere with subsequent bookings of those Goods).
5.4 Damage: If the Goods are damaged you must notify us right away. We will inspect the Goods on return and charge you for any repairs or replacement. If the Goods need cleaning we may charge you for the additional cleaning fee.
5.5 Replacement: The Goods must be in their original condition when we collect them or you return them. If the Goods are damaged beyond repair, lost or stolen we will require you to pay the full cost of replacement. Replacement costs must be paid within 7 working days.
6. OWNERSHIP AND RISK
6.1 Sale: Goods ordered through us are at our risk until delivered to you. Once delivered, ownership and risk in the Goods passes to you.
6.2 Hire: Hired Goods are at your risk while in your possession, and you must ensure that they are insured during that time.
7. GUARANTEES AND LIABILITY
7.1 Consumer Guarantees Act: If you are not buying Goods for business purposes the following applies:
(a) If you are a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and Conditions and are not affected by anything in this Agreement.
(b) If items you have purchased are damaged, faulty or spoiled at the time of delivery, we will comply with our obligations under the Consumer Guarantees Act 1993. Otherwise, we only accept change of mind returns within 7 days of delivery. Goods must be returned at your cost and in “as new” condition. We will refund the price excluding freight costs associated with your order.
8. GENERAL
8.1 Events outside our control: If any cause beyond the reasonable control of the Seller including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with delivery by the Seller or with the performance by the Seller or any of its obligations under this Agreement then the Seller may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Customer in any respect.
8.2 Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.
8.3 Variation to Terms: We may vary or replace these Terms from time to time by publication on our website.
8.4 Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement. We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.
8.5 Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in supplying the Goods. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the supply of the Goods and any future like arrangement or arrangements. Because we use Stripe or Laybuy to process payments, you consent to and understand that your personal information may be sent to Stripe or Laybuy and may be transferred, processed and stored outside of New Zealand.
8.6 Electronic Communications: You consent to receive commercial electronic messages from us. If you wish to opt out of receiving these messages please use the “unsubscribe” function and we will remove you from the mailing list.
8.7 Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.