Terms and conditions
1. Payment
1.1 If the Product is in stock at the time of your order, you must pay the full amount to us within 7 days of our invoice.
1.2 If the Product is not in stock at the time of your order, we will let you know. In such case, at the time of your order you must pay a deposit equal to 65% of the full amount to secure the Product. You must then pay the balance (35% of the full amount) to us within 7 days of our invoice.
1.3 All payments by you must be made via bank deposit to our bank account details contained in our invoice.
1.4 If you fail to make full payment to us by the due date, we reserve the right to charge you an interest on the balance of the unpaid amount at the rate of 8% per annum calculated on a daily basis until full payment has been made by you, including payment of interest. This clause is without prejudice to any of our other rights or remedies.
2. Price and Fees Adjustment
2.1 If we experience any cost increase outside of our control following your order (such as a cost increase in the Product, importation, freight, insurance and custom duty) and we require an adjustment of the total price payable, we will notify you (“our notice”).
2.2 Following the delivery of our notice, you have 3 days to notify us if you accept the adjusted total price payable.
2.3 If you confirm your agreement to accept the adjusted total price payable within the time period, we will issue you a replacement invoice. You must pay any balance of the adjusted total price in accordance with clause 1.
2.4 If you fail to confirm your agreement to accept the adjusted total price payable within the time period, we can elect to cancel your order, terminate this agreement and return any payments made by you for your order. Once we have done so, you are not entitled to make any claim against us at law or in equity for any reason, including for compensation.
3. Delivery
3.1 We will use our reasonable endeavours to make delivery of the Product to the delivery address by the delivery date but will not be responsible for any loss or damage sustained by you by reason of any delay in delivery.
4. Risk and Ownership
4.1 The risk in the Product will pass to you immediately after the delivery of the Product to the delivery address.
4.2 The ownership of the Product will only pass to you after you have paid for the Product in full.
5. Warranty
5.1 We warrant that the Product is free from defect in materials and workmanship at the date of delivery of the Product.
5.2 The Product warranty is not transferrable.
5.3 If you acquire or hold yourself out as acquiring the Product for the purpose of a business, the provisions of the Consumer Guarantees Act 1993 are expressly excluded.
5.4 You agree with the Design Area on the design plan provided, and to use the Product in accordance with the manufacturer’s owner’s manual for the Product.
6. Questions and Faults
6.1 If you have any questions regarding the Product or believe there is a fault with the Product, please contact us either by email at pure@titoli.nz or by phone 022 654 7873 and supply us with your proof of purchase and contact details. We may ask you questions regarding your use of the Product and any fault you have experienced in order to answer your questions or determine how to fix the problem.
7. Damage in Transit
7.1 If you believe the Product has been damaged in transit, please contact us either by email at pure@titoli.nz or by phone 022 654 7873 and supply us with your proof of purchase and contact details. You must also:
a. on delivery of the Product, ensure there is no visible damage to the outer packaging and the Product; and
b. notify us (using the contact details in clause 7.1) of any damage within 24 hours of the delivery of the Product.
7.2 If you fail to do so in accordance with clause 7.1, you are deemed to have accepted that the Product was not damaged in transit.
8. Collection and Use of Information
8.1 You authorise us to collect, retain and use any information about you for the purposes of supplying the Product and service to you, communicating with and marketing to you, managing and enhancing our services, complying with our legal obligations and enforcing our rights under this agreement. You authorise us to disclose any information obtained to any person for those purposes.
8.2 You have the right to request a copy of the information about you retained by us and the right to request us to correct any incorrect information about you held by us.
8.3 You agree to our privacy policy.
9. Liability
9.1 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 will, where it is allowed, be excluded or if not able to be excluded only apply to the maximum extent required by the relevant law.
9.2 To the maximum extent permitted by law, if we have agreed in writing that the Product is faulty, our liability is limited to either (at our sole discretion):
a. refunding the paid price for the Product (excluding any delivery fees); or
b. repairing or replacing the Product.
9.3 Except as otherwise provided by this agreement, we will not be liable for any loss or damage of any kind whatsoever, arising from the supply of the Product including consequential loss whether suffered by you or another person and whether in contract or tort or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the Product supplied by us to you.
10. Miscellaneous
10.1 You may not assign any of your rights or obligations under this agreement without our prior written consent.
10.2 Our failure to enforce any clause contained in this Agreement shall not be treated as a waiver, nor shall it affect our right to subsequently enforce that clause.
10.3 This agreement is governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the New Zealand courts.