General Terms & Conditions
- Cliff Hanger Shelving Limited
- Cliff Hanger Shelving Contract
Our legally binding contract only starts as of when Cliff Hanger Shelving receive the payment in full for the goods purchased either by debit or credit card. Once we have verification of the payment for the purchased goods in full, we will then confirm your order via email to the email address submitted on the order form.
- Pricing and Delivery
The prices for goods are as specified on the website. For all goods ordered, the total price payable including all applicable taxes will be shown at the time of order on the order confirmation page of the Website. Prices may change and the applicable price is that shown on the day which your order is placed.
- In certain cases for our rural delivery customers, the courier may not be able to deliver to the nominated address because your parcel is over 1.5 metres in length. In this case, please make arrangements with the courier to offer an alternate address in town or collect from their depot. For cases where the consignment is delivered to an alternative address or collection is made from the depot, please contact us and we will refund any delivery charges that may have been charged to you at time of placing your order.
- Deliveries outside of New Zealand will only be made once authorized by Cliff Hanger Shelving and may be subject to an additional cost of which you will be notified when you make your order. If a delivery is required outside New Zealand please email at firstname.lastname@example.org or 64 9 553 9362 before placing your order. If any additional delivery cost is chargeable, we will contact you by email or phone before we process your order.
- Once your order has been accepted by Cliff Hanger Shelving we will charge your debit or credit card for the full order payment and any additional delivery cost subject to clause 3.i. This will be done as soon as the order is accepted or as reasonably workable subsequently. We will notify you in the confirmation of your order that the payment has been received.
- Cliff Hanger Shelving reserves the right to offer promotional and volume discounts. The discount will be offered in the form of a coupon which must be applied through the website at time of payment. It may not be applied after payment has been made.
- Your right to Cancel Your Order
- Subject to clause 4.(ii) You have the right to cancel your order for the goods within 7 days of the date of delivery of the order to you. No reason for order cancellation is needed nor will you incur a payment penalty. To cancel your order you must inform us by phone or email with your order number.
- You cannot cancel or change your order if the goods you have ordered are manufactured, made to measure or custom made to your specifications or requirements as we are unable to resell them. Once we have accepted your ordered goods and they are entered into the order system or manufacturing process we are unable to acknowledge any changes to your goods ordered or cancel your goods ordered without incurring a handling charge of 50% of the price paid for the goods, where the remainder of the balance due to you will be reimbursed within 30 days of us receiving the returned goods.
- All cancelled ordered goods (which are not manufactured, made to measure or custom made) must be returned to us at your own risk. All claims for return of goods or for goods received defective must be notified by phone or in writing within thirty days of receipt of receiving the goods. You must meet all carriage charges. If you would like us to organize the collection for you, we would be happy to use our carriers. Please contact us by telephone or email giving the goods order number and we will organize a suitable pickup time.
- You must ensure the item is unused and in its original branded packaging (if applicable) and in a new and unused condition and that any manufacturer’s labels are still attached and the goods adequately packed to avoid damage on their return to us. On receipt of the returned goods a member of our team will inspect the goods. If the returned goods are deemed to be damaged or unsuitable for re-sale, the goods will be subject to a retention by us of 50% of the original order costs of the goods plus any additional cost we may incur if we have arranged the pickup and return of ordered goods from your pickup point. The balance of the refundable money will be paid within 30 days from us receiving the notification of cancellation. Your rights against us shall be limited to your rights to the return of your money. This does not affect your statutory rights.
- If you have received the goods before you have cancelled your order under clauses 4.(i) or 4.(ii) contact us as soon as possible via email or phone for guidance on packaging goods and to arrange an appropriate time for the goods to be collected. If you choose to cancel your contract but the order has already been processed for delivery by us you must not unpack the goods upon receiving then and contact us as soon as possible.
- Subject to the requirements of clause 4.(i) and 4.(iv), upon the notification of cancellation of your order, any sum debited to us by credit or debit card will be refunded to you as soon as possible within 30 days of the order cancellation date. Provided the goods are made available for collection and received by us in accordance with clause 4.(v) and not subject to misuse or negligence.
- Cancellation by us
- Cliff Hanger Shelving reserve the right to cancel your order if:
- We have inadequate stock resulting in us being unable to deliver your ordered goods.
- An item or items ordered is listed with an incorrect price due to a data entry error or an error in the pricing given to Cliff Hanger Shelving.
- We are not able to manufacture your order because the raw materials are no longer available.
- If an order is cancelled by us we will inform you by email and will reimburse your account with the sum of your order debited by us from your credit or debit card within 30 days of your order.
- Cliff Hanger Shelving reserve the right to cancel your order if:
- Stock Shortages
If your ordered item is out of stock, we will contact you via email and back order the goods. In the event that the goods are out of stock for more than 30 days we reserve the right to send substitute goods equal to or better quality than the original ordered goods.
- Product Description & Measurement
- All goods information and photography contained within the website is provided for illustrative purposes only, with information and descriptions being as accurate as possible. We cannot guarantee their accuracy.
- Certain products are made to measure. To enable us to manufacture them correctly, it is your responsibility to provide us with the exact measurements. If the measurements you supply are not correct, it is not the fault of Cliff Hanger Shelving and no refund will be given. Cliff Hanger Shelving will not accept the return of any goods for the reason of incorrect measurements being provided.
- Every effort is made by Cliff Hanger Shelving to ensure that all goods sold and delivered to you match the website description. Any small variation or change in the colour, design or material between the description and the goods delivered to you shall not entitle you to refuse the goods nor to declare any compensation for any such variation or change. Unless we are notified by e-mail or otherwise in writing within 7 days of the date of delivery of the goods, they will be deemed to have been received by you undamaged and in good order. We give you the warranty that all goods will, in all material respects, comply with the description given about them on the website. No other warranty for the goods is given.
- Delivering Your Goods
- Cliff Hanger Shelving will deliver your goods to the delivery address submitted on your order form as soon as possible after your order is placed and processed. The estimated delivery time for made to measure goods are specified on the website. Delivery times start from the day the order is processed. We normally aim to deliver goods within 10 working days.
- Once goods have been delivered to you, ownership of, and risk in the goods is passed to you. If you return the goods under clauses 4 or 9, ownership of, and the risk in the goods pass to Cliff Hanger Shelving upon receipt of the goods by us.
- Defective Goods
- Cliff Hanger Shelving warrant that all goods sold to you will, in all material respects be free from defects in workmanship and materials for a period of 24 months from the date the goods were delivered to you.
- If a defect arises within the 24 month period, you are entitled to return the goods to us provided you have contacted us via email, telephone or written letter posted to 5/41 Paul Matthews Road, Rosedale, Auckland, 0632, New Zealand, giving us details of the defects.
- Cliff Hanger Shelving will repair or replace the goods and then deliver the goods back to you free of charge.
- If upon inspection of the returned goods we decide in our reasonable opinion that the defect or defects have been caused by negligence, damage caused by incorrect installation, alteration/modification or misuse, we will inform you via phone or email.
- No liability under clause 9.2 shall arise unless delivery charge and price have been paid in its entirety on or before delivery.
- If the goods are returned to us after 24 months from the date of delivery of the goods, or the goods are not defective, or they have modified, misused or subject to negligence, you will be accountable for the payment of our charges on a time and material cost basis in respect of any repair or repairs and for the collection and the return of the goods which we agree to carry out at your request. Cliff Hanger Shelving will be entitled to charge for repairs and we will notify you of the amount of any such charges before we commence with the repair.
- Cliff Hanger Shelving will not be liable in any way for any indirect or consequential loss or damage or loss of profits arising out of supply or failure not to supply the goods to you the consumer. All ordered goods must be inspected on delivery for:
- Damages to goods in transit which includes any visible damage to outer carton /external packing.
- If the wrong goods are delivered, please notify us immediately via phone or email stating your name and original order number within 7 working days of receiving the goods. We will either replace the goods and refund you the cost of the return of the goods to us or refund the cost of the goods and the cost of the return of the goods.
- Acceptance of Order
All goods are subject to availability and an order will not constitute an agreement on our part to sell goods to you until it is accepted by us. You will be notified of our acceptance as soon as reasonably possible after your order has been received.
- Limitation of Liability
In relation to the purchase of goods, we accept no liability for any indirect or consequential loss or damage or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Website or its contents other than as a direct result of purchasing our goods, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Cliff Hanger Shelving or our employees, agents or any other person. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the goods concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
- Cliff Hanger Shelving will not be liable for any delay or non-performance or for exceeding the Estimated Price if it is attributable (directly or indirectly) to circumstances beyond its reasonable control.
- Under no circumstances shall Cliff Hanger Shelving be liable in any way, for claims, actions, demands, suits, losses, liability, costs or expenses of any kind howsoever caused, arising out of the use or inability to use any of the goods other than pursuant to any warranty provided in writing by Cliff Hanger Shelving in respect of the goods. Cliff Hanger Shelving’s liability under any condition or warranty provided in writing in respect of the goods or any dentition or warranty which cannot be legally excluded, is limited to the cost of replacing the goods.
- General Provisions
- If any provision of these Terms and Conditions shall become illegal or enforceable for any reason whatsoever then these Terms and Conditions shall take effect as if such provision had been omitted and the remainder of the Terms and Conditions shall not be affected.
- There Terms and Conditions and your use of the Website are governed by New Zealand law and you submit to the non-exclusive jurisdiction of the New Zealand court.
- Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
- All prices are in New Zealand dollars and include GST. Upon dispatch of goods a full GST tax invoice will be issued.
- Cliff Hanger Shelving reserves the right to cancel any contract with the buyer where there are compatibility issues between the Cliff Hanger Shelving website and the Buyer’s computers software browser. In the case where a payment has been made a full refund shall be given.
All notices shall be given to us either by post to Cliff Hanger Shelving, 5/41 Paul Matthews Road, Rosedale, Auckland 0632, New Zealand; or by e-mail to email@example.com either the e-mail or the postal address you provide on your order form. Notices will be deemed received when an e-mail is received in full (or on the next business day if it is received on a weekend or during a public holiday) or 3 days after the date of posting.
These Terms and Conditions govern the sale and supply of goods by Cliff Hanger Shelving. Each order placed by you will constitute a contract between you and Cliff Hanger Shelving in accordance with these Terms and Conditions to the exclusion of all other terms and conditions. Your attention is drawn to paragraph 11 regarding Limitation of Liability.
Cliff Hanger Shelving warrants that it shall exercise all reasonable skill, care and effort in providing any goods and services to its customers pursuant to these Terms.