NZ-TCsga07

Terms and conditions

These terms and conditions are the contract between you and The Drawing Room Limited (“us”, “we”, etc). By visiting or using Our Website in any way, you agree to be bound by them.

I / We are: The Drawing Room, a company registered in New Zealand, number 639293. Our address is: 500 Colombo Street, Sydenham 8023, Christchurch, New Zealand.

Our NZBN: is 9429038647024

You are: Anyone who uses Our Website

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

1. Definitions

In this agreement:

“Carrier”	means any person or business contracted by us to carry Goods from us to you.
“Content”	means any content in any form published on Our Website by us or any third party with our consent.
“Goods”	means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website”	means any website of ours, and includes all web pages controlled by us.
"Post"	means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

2. Interpretation

In this agreement unless the context otherwise requires:

2.1 a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2 these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.4 [except where stated otherwise], any obligation of any person arising from this agreement may be performed by any other person.

2.5 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.

2.7 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.8 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $50 per hour.

2.9 these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

3. Our contract with you

3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties, including any verbal arrangements.

3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3 If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.4 Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available.

3.5 We do not provide refunds if you have changed your mind. Clause 8 will apply in the event that there is a defect in the Goods.

3.6 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

3.7We endeavour to ensure that images of Goods on Our Website reflect the actual colour of the Goods, however you acknowledge that there may be a difference between the appearance of the Goods in an image, and the actual Goods. You are welcome to visit our store to inspect the Goods.

3.8 The price of Goods may be changed by us at any time and will be updated on Our Website accordingly.

3.9 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

3.10 We currently only ship to New Zealand addresses and therefore a New Zealand address must be stated for each Order.

4. Acceptance of your order

4.1 Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. We will confirm acceptance of your order by sending an email to you confirming dispatch of your order. At any point up until then, we may decline to supply the Goods to you without giving any reason.

4.2 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

• 4.2.1 accept the alternatives we offer (by paying any difference in price);
• 4.2.2 cancel all or part of your order.

5. Price and Payment

5.1 The price payable for the Goods that you order is clearly set out on Our Website. Where there are different prices for a product depending on the size of the product selected, you acknowledge that a different price may apply to that item. When you have selected the size you wish to purchase, the specific price for that item will be shown.

5.2 Payment must be made in full at the time of the order, unless we have agreed other arrangements with you.

5.3 You acknowledge that we may run ‘online only’ or ‘in-store only’ promotions from time to time and therefore the price of Goods as advertised on our website may not always be the same as the advertised prices in-store.

5.4 Prices include goods and services tax (“GST”).

5.5 If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.

5.6 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollar will be borne by you.

5.7 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

5.8 If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

5.9 The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

5.10 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

6. Security of your credit card

We take care to make Our Website safe for you to use.

6.1 Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

7. Delivery and pick up

7.1 We will use our best endeavours to fulfil and dispatch your order as quickly and safely as possible. We do not provide any guarantee as to a timeframe for delivery. We estimate that most orders to addresses within Christchurch will be delivered within 1-4 working days. Within New Zealand, we expect orders to be delivered within 3-7 working days.

7.2 If we are unable to dispatch your order within 3 working days, or if we can only partially fulfil the order initially, we will contact you to discuss alternatives. These alternatives may include shipping in multiple parcels, or holding items until the full order is available. Should you wish to cancel all or part of your order due to delays, we will discuss this with you.

7.3 Goods are sent at our risk until they have been delivered to the address supplied by you and the Goods will be your responsibility from that time. Our courier is authorised to leave the Goods at the address supplied by you, whether or not there is a person there to accept delivery.

7.4 When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must immediately contact us. Claims for damage or loss in transit must be made against the Carrier. While we accept no liability for goods damaged or lost in transit, details of any claim should be advised to us.

7.5 Goods are sent by our Carrier. We will send you a message by email to tell you when we have dispatched your order.

7.6 We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

7.7 Some Goods will be delivered direct from the manufacturer. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.

7.8 Some Goods are so large and heavy that delivery times may be slightly longer than usual. In this case, approximate delivery dates will be given on dispatch of your order.

7.9 Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

7.10 For further info please refer to our delivery policy on our website

8. Liability for subsequent defects

8.1 Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 14 days of receipt of the Goods, we shall assume that you have accepted them.

8.2 The procedure for the return of faulty Goods is as follows:

8.2.1 the Goods must be returned to us as soon as any defect is discovered but not later than 30 days from receipt by you.

8.2.2 before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and have complied with any provisions relating to the power supply, plugs and sockets.

8.2.3 please refer to the returns procedure set out. 

8.3 We will return your money subject to the following conditions:

we receive the Goods with labels and packaging intact.

8.3.1 you comply with our returns procedure.

8.3.2 you clearly describe the fault, when it first became apparent, and other information to enable us to identify or reproduce it.

8.4 If any defect is found, then we shall:

8.4.1 repair or replace the Goods, or

8.4.2 refund the full cost you have paid including the cost of returning the Goods.

8.5 To the extent that they apply, you are also protected by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. We will at all times meet our obligations under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

9. Disclaimers

9.1 We agree to comply with our obligations under the Consumer Guarantees Act at all times in so far as they apply, notwithstanding these terms and conditions.

9.2 You agree that if the Goods are supplied to you for business purposes, the Consumer Guarantees Act 1993 shall not apply.

9.3 To the extent allowed by law in New Zealand, all implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

9.4 Save as otherwise provided by law, we make no representation or warranty as to:

9.4.1 the quality of the Goods;

9.4.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

9.4.3 the correspondence of the Goods with any description;

9.4.4 the adequacy or appropriateness of the Goods for your purpose.

9.5 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

9.6 We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

9.7 We make no representation or warranty and accept no responsibility in law for:

9.7.1 accuracy of any Content or the impression or effect it gives;

9.7.2 delivery of Content, material or any message;

9.7.3 privacy of any transmission;

9.7.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

9.7.5 any aspect or characteristic of any goods or services advertised on Our Website;

9.8 Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.

9.9 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

9.10 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us for the Goods.

9.11 This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contract and Commercial Law Act 2017.

9.12 If you become aware of any breach of any term of this agreement by any person, please tell us by contacting us via phone or email.

9.13 Nothing in this agreement excludes liability for a party's fraud.

10. Your account with us

10.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

10.2 If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

10.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

10.4 Our privacy policy is strong and precise. It complies fully with Privacy Act 2020. The link to our Privacy Statement is here.

10.5 For The Drawing Room Art Club Terms and Conditions, see here.

11. Security of Our Website

11.1 If you violate Our Website we shall take legal action against you.

11.2 You now agree that you will not, and will not allow any other person to:

11.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

11.2.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

11.2.3 download any part of Our Website, without our express written consent;

11.2.4 collect or use any product listings, descriptions, or prices;

11.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

11.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

11.2.7 share with a third party any login credentials to Our Website.

11.3 Despite the above terms, we now grant a licence to you to:

11.3.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

11.3.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.

12. Indemnity

12.1 You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

12.1.1 your failure to comply with the law of any country;

12.1.2 your breach of this agreement;

12.1.3 any act, neglect or default by any agent, employee, licensee or customer of yours;

12.1.4 a contractual claim arising from your use of the Goods;

12.1.5 a breach of the intellectual property rights of any person.

13. Intellectual Property

13.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

13.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

13.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

13.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

14. Miscellaneous matters

14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

14.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

14.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

14.6 Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within two working days if no notice of non-receipt has been received by the sender.

14.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

14.8 This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise.

14.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.

14.10 In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

14.11 The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.