Terms & Conditions
SELETTI BOUTIQUE LIMITED TERMS AND CONDITIONS
The supply of goods by the Company to the Customer is made subject to the following terms and conditions:
1.1 These terms and conditions replace any previous versions of terms or agreements issued by the Company, in their entirety. To the extent that any order submitted by the Customer attempts to include terms that are inconsistent with these terms and conditions those terms will not apply and these terms and conditions will prevail. These terms and conditions will continue to apply as between the Customer and the Company where the Company is instructed by the Customer to provide goods to the Customer and no new agreement is completed and/or signed by the Customer. Acceptance of goods from the Company indicates acceptance of these terms and conditions.
2 PRICE (all prices are inclusive of GST)
3 The price of the goods or services is that stated on the website at the time we accept your purchase order. The prices include goods and services tax (GST). Seletti Boutique Limited reserves itself the right to modify/change the prices at any time and without any prior notice.
4.1 Full payment of the goods inclusive of any shipping costs is to be paid to Seletti Boutique Limited prior to delivery. Delivery will not be made until full payment is received.
4.2 GST: All prices are quoted inclusive of GST.
5.1 Acceptance of order: At the time of placing a purchase the Company will advise the Customer whether or not the order can be filled and the estimated delivery date. Purchases are subject to availability.
5.2 Cancellations: If the Customer cancels the purchase prior to dispatch of the purchase to the Customer the Company will refund any monies already paid to the Company by the Customer . No cancellations are permitted once the goods have been dispatched.
6.1 The Customer is liable for freight costs between the Company's premises to the destination of delivery specified by the purchaser. Special packing or shipping arrangements will be charged to the Customer.
6.2 Any duties, taxes or other charges applicable on entry into the recieving country is to be paid by the customer/receiver upon entry. Furniture and large Seletti items, freight will be quoted at time of purchase. All other product purchased on www.selettiboutique.com will have freight added to the purchase. All other countries purchasing from Seletti Boutique website will have freight added to their purchase on all items purchased from www.selettiboutique.com, any duties, taxes or other charges applicable on entry into the recieving country is to be paid by the customer/receiver upon entry. Seletti Boutique reserves the right to change any special shipping offers at anytime.
6.3 Overseas Purchases: Any duties, taxes or other charges applicable on entry into the recieving country is to be paid by the customer/receiver upon entry.
7 Products displayed on the website are available at Seletti Boutique Shop, 69 Beach Street, Queenstown 9300.
8.1 Instalments: The Company reserves the right to deliver goods by instalments and each instalment shall be deemed to be a separate contract governed by these terms and conditions.
8.2 Delivery date: The Company undertakes to use all reasonable endeavours to deliver the goods within the time agreed or estimated. but failure to do so shall not give the Customer any right of repudiation or cancellation of the contract or any right of rejection in respect of goods delivered other than as provided for in these Terms. The Company is not liable for failure or refusal to supply goods where the goods are not available for supply on the anticipated delivery date or where the Customer has not made payment for goods..
8.3 Delivery destination: The Company must deliver the goods ordered by the Customer to the address specified or to such other address as is subsequently agreed between the parties.
8.4 Time of delivery: Delivery of goods to the Customer is deemed to be completed at the time of dispatch.
8.5 Delivery days: Where a number of days for item to be delivered is estimated, this is approximate and refers to working days. Please allow an additional day for the order to be picked, packed and dispatched.
8.6 Non-acceptance of delivery: Where the Customer refuses to accept goods delivered at the time and place specified for any reason other than default by the Company, the Customer is not entitled to a refund for such delivered goods.
8.7 Returns: Goods purchased from www.selettiboutique.co may be returned at the cost of the purchaser. The goods are to be returned to us in an unused condition and in their original packaging within 14 days of delivery. A full refund will be issued if these goods have been returned in their original packaging and in an unused condition.
9.1 Inspection: The Customer must check each delivery in the presence of the delivery driver at the time the goods are delivered to the Customer to ensure:
(a) That the correct number of boxes have been received containing the correct order;
(b) That there are no defects in the goods; and
(c) Any damage or breakages are noted on the consignment note and countersigned by the delivery driver. Claims for goods damaged or lost in transit should be made by the Customer to the carrier.
9.2 Return of defective goods: If the Customer discovers a potential defect the Customer must notify the Company immediately upon discovery of such potential defect. The Company may require the Customer to send the goods to the Company to inspect goods, within seven (7) days of discovering the potential defect, with a description of the defect and the particulars of the order. The Company will not accept goods returned to it without the Customer obtaining the Company's prior approval confirming that the goods are defective.
9.3 Inspection by Company: The Company will determine in its sole and absolute discretion whether the goods are defective. If the Company determines that the goods are defective the Company will issue a credit note to the Customer and will reimburse the Customer for the freight costs paid by the Customer to send the defective goods to the Company. If the Company determines that the goods are not defective, the Company will return the goods to the Customer (at the Customer's cost) and will not be liable in any way including in relation to the freight costs incurred by the Customer in sending the goods to the Company.
10 PROPERTY, RISK AND INSURANCE
10.1 Property: Property in the goods does not pass until the Customer has made full payment of the price or until time of dispatch, whichever is the later.
10.2 Risk: Risk in any goods supplied by the Company to the Customer shall pass to the Customer at the time of dispatch.
10.3 Insurance: Goods are forwarded uninsured by the Company. The Customer shall insure the goods for their full insurable value from the time of dispatch. The Company will notify the Customer in writing of the date of dispatch.
11 CONSUMER GUARANTEES ACT 1993
11.1 Where the Customer is not a consumer as defined in section 2 of the Consumer Guarantees Act 1993, the Consumer Guarantees Act 1993 shall not apply to the supply of goods or services by the Company. The Customer agrees to indemnify the Company against any liability or cost incurred by the Company under the Consumer Guarantees Act as a result of any breach by the Customer of its obligations contained in these terms and conditions. The Customer agrees to notify the Company in writing as soon as is reasonable of any defects in the goods and the nature of such defects.
12 EXCLUSION OF WARRANTIES
12.1 All expressed or implied warranties, descriptions, representations and conditions as to fitness or suitability for any purpose, tolerance to any condition, or otherwise are expressly excluded. No agent or representative of the Company is authorised to make any representations, statements, warranties, conditions or agreements not expressly specified in this agreement and the Company is not in any way bound by any such representations, statements, warranties, conditions or agreements.
13 EXCLUSION OF LIABILITY
13.1 No liability: The Company shall have no liability to the Customer (whether in contract, tort or otherwise) for any loss or damage suffered (including but not limited to loss of business, revenue or profits and consequential loss) or cost or expense incurred howsoever arising out of the supply of or failure to supply the goods or from any defect(s) in the goods provided, or any part thereof due to any cause whatsoever or nonâ€‘compliance of the goods with specifications or from any other breach of the Company's obligations under this agreement or for any damages or loss caused by the Company's employees, agents, suppliers or any other persons whatsoever.
13.2 Maximum liability: If, notwithstanding 14.1, the Company is found to be liable to the Customer in any way then the maximum amount for which the Company will be liable to the Customer is an amount equal to the lesser of the price of the goods under such contract, the cost of replacement or repair of the goods, and the actual loss or damage suffered.
14 FORCE MAJEURE
14.1 The Company is not liable for "force majeure", which means failure or delay in supply or delivery occasioned by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of goods or raw materials, shortage of labour, lack of skilled labour, failure of the Company's suppliers, delay in transit, import restriction, legislative governmental or other prohibition or restriction, fire, flood, hostilities, commotions or other causes whatsoever beyond the Company's reasonable control.
15.1 No variation to these terms and conditions will have any effect unless expressly agreed in writing and signed by a duly authorised representative of the Company.
16 PRIVACY ACT 1993
16.1 The Customer authorises the Company to collect and hold personal and credit information about the Customer from any source the Company considers appropriate.
16.2 The Company may:
(a) Use this information for billing purposes, debt collection or any related purpose, or for providing the Customer with information about the Company's goods;
(b) Disclose the personal and credit information to anyone else (including our related parties) for the purposes set out above.
16.3 The Customer must notify the Company of any changes in circumstances that may affect the accuracy of any personal or credit information that the Company has collected about the Customer.
16.4 If the Customer is an individual (i.e. a natural person), the Customer may access and request correction of any personal or credit information that the Company may have collected about the Customer as an identifiable individual, subject to the restrictions in the Privacy Act 1993.
17 DISPUTE RESOLUTION
17.1 In the event of any dispute arising between the parties to this agreement in respect of, or in connection with this agreement (including the validity, breach or termination of it), the parties will, without prejudice to any right or entitlement they may have pursuant to this agreement or otherwise, explore whether the dispute can be resolved by agreement between them using informal dispute resolution techniques, such as mediation, negotiation, independent expert appraisal or any other alternative dispute resolution technique. The rules governing any such technique adopted will be as agreed between the parties or as selected by LEADR.
17.2 The Customer must pay to the Company upon demand, all of the Company's costs (including between solicitor and client) arising out of or in connection with any default under this agreement or the enforcement, exercise or attempted exercise of any of the Company's rights, remedies and powers under this agreement.
18 NO WAIVER
18.1 If any time the Company does not enforce any provision of this agreement or grants the Customer time or other indulgence, the Company will not be construed as having waived that term or condition or its right to later enforce that or any other term or condition.
19.1 The Customer may not assign this agreement or any part of it to any third party without obtaining the Company's prior written consent.
20.1 If any provision of this agreement is held illegal or unenforceable, then such illegality or unenforceability will not affect the remaining provisions of this agreement, which will remain in full force and effect.