Standard Freight Cost
Terms and Conditions of Trade, Shipping and Return Policy
The 4UShops.co.nz Modern online Private & Business Products Shopping Mall is made available to you under the following policies and conditions:
These terms and conditions of trade apply to all our Sale of Goods Contracts.
We reassure to our customers that the operation of this website observes the recommendations contained in the New Zealand Model Code for Consumer Protection in Electronic Commerce (2000) published by the New Zealand Ministry of Consumer Affairs. We are also bound by the obligations set out by the New Zealand Fair Trading Act 1986 and the New Zealand Consumer Guarantees Act 1993.
Terms:
1) Dolche Design Ltd trading online as 4UShops will be known as “4UShops” in these Standard Terms and Conditions of Sale.
Price and Price Variation
Prices quoted are excluding GST unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery of the goods. Prices do not include any delivery surcharges.
We reserve the right to change prices without prior notice, to reflect alterations in our suppliers’ prices and/or changes in taxes, duties and freight. If prices on the web site are not correct due to any errors or omissions on our part, we will inform you of the correct price and you will have the right to amend or cancel your order.
Our Payment Terms:
Cash Buyer
2) Payment terms are strictly at time of order.
2.1) Furniture and bulk orders: A 50% deposit is required at time of order, with the balance due prior to despatch or pickup of your furniture. The deposit is required purely as a display of good faith. We do not wish to offend any client with this policy, preferring to establish long term business relationships instead. An invoice will be forwarded for your records, and we will advise as soon as your order is ready for delivery or pickup.
2.2)Custom colour or size made furniture (see below)
Account Holders
3) Payment terms are strictly 7 Days or 20th of the month following date of invoice.
3.1) Credit limit granted may not be exceeded without the written prior consent of 4UShops.
4) Goods returned will only be credited in full to the Customer’s account if returned and received by 4UShops in the same condition as delivered initially, and if returned and received by 4UShops within 7 days from the initial delivery date. (See return policy below)
Conditions
5) “Goods” shall mean:
a) all goods of the general description specified on the front of this application and supplied or financed by 4UShops, to the Customer, and
b) all goods supplied and financed by 4UShops to the Customer, and
c) all inventory of the Customer that is supplied or financed by 4UShops, and
d) all goods supplied or financed by 4UShops and further identified in any invoice issued by 4UShops to the Customer, which invoices are deemed to be incorporated into, and form part of these Terms of Trade, and
e) all goods that are marked as having being supplied or financed by 4UShops or that are stored by the Customer in a manner that enables them to be identified as having been supplied or financed by 4UShops.
The above descriptions may overlap but each is independent of, and does not limit the others.
6) The customer hereby acknowledges that, should any amount not be paid on due date, or any payment by cheque be unpaid, the entire balance then outstanding shall immediately become due and payable without any notice of whatsoever nature. The customer agrees that a service charge of 0.05% per day on overdue balances may be charged to the Customer’s account at the discretion of 4UShops.
7) 4UShops may in its discretion allocate any payment received from the Customer towards any invoice that 4UShops determines, and may do so at the time of receipt or at any time afterwards on any default by the Customer under these Terms of Sale, may reallocate any payments previously received and allocated. In the absence of any payment allocation by 4UShops, payments shall be deemed to be allocated in such manner as preserves the maximum value of 4UShops’s purchase money security interests in Goods.
8) In the event of 4UShops instructing it’s solicitors to collect an overdue amount or enforce any other obligation arising under these Terms of Sale, all costs, charges, and legal expenses (on a solicitor and client basis) incurred by 4UShops, shall be borne by the Customer and all payments made shall firstly be allocated towards such costs and charges thereafter to interest and finally to capital.
9) The Customer hereby agrees that any proceedings which may be instituted against it for the recovery of any amounts owing to 4UShops or enforcing any other obligation arising under these Terms of Sale, may be issued in the Court of Auckland, being the place where 4UShops’s registered office is located, and where this contract arose.
10) The signatory/ies hereby binds himself/themselves jointly and severally as surely and co-principal debtor/s in with the Customer unto and in favour of 4UShops, it’s order or assigns, for payment of any amount which is now, or in the future becomes due or owing by the Customer, to 4UShops.
11) Ownership of goods will not pass to the Customer and will remain the property of 4UShops until such time as all debts owing by the Customer to 4UShops have been paid in full.
12) Until all sums owing by the Customer to 4UShops have been paid in full and whether or not title has passed to the Customer, 4UShops shall have a security interest in all Goods. In addition, until all sums owing by the Customer to 4UShops have been paid in full, 4UShops shall have a security interest in all of the Customer’s present and after acquired property.
13) The Customer shall be entitled to sell Goods in respect of which 4UShops has retained ownership or in which 4UShops has a security interest by way of bona fide sale of inventory by the Customer in the Customer’s ordinary course of business.
14) Where goods have been sold by the Customer and are subsequently returned to the Customer, 4UShops shall have a security interest in the returned Goods.
15) The proceeds of the sale of the Goods shall, if 4UShops so requires, be paid into a separate account and held in trust for 4UShops. The Customer must then make payment to 4UShops from the account of all amounts which may be owing by the Customer to 4UShops from time to time.
16) Until such times as the Goods have been paid in full and all other debts discharged by the Customer, the Customer must store the Goods in such a manner as to show clearly that they are the property of 4UShops.
17) Suppliers Rights on Defaults
a) 4UShops shall be entitled without prejudice to any other rights and remedies it may have at law or in equity to terminate any or every agreement between itself and the Customer or to suspend any further deliveries under any or every such agreement upon the happening of any of the following events.
Shipping
General and small parcels
Please note each product attracts an individual freight rate calculated per a given weight (including packaging). For all our smaller products we use a standard courier Company (Fastway) that delivers Nationwide. Please see ours standard freight charges.
Chairs & Office Furniture
Some office furniture may be delivered assembled or it can be supplied in CKD (Completely Knocked Down). All CKD products come with assembly instructions and if required specialist tools. In most cases a flat head and a posidrive or phillips screwdriver is all that is required. You may find in some cases that a battery powered screw driver makes the assembly much easier. Some of the less complex chairs are also delivered in a Box the others we prefer to send to you pre-assembled.
Bulk Orders
If you are purchasing a number of products we recommend you email or contact us prior to proceeding with an online order. Inform us with your list or intentions with your number of items or number of individual products. We then would negotiate competitive bulk freight quote with our approved transport contractors and the freight / transport charges for the delivery of all items may save you some money.
However for our office furniture the delivery is done by our various transport contractors. Some will assemble the item for you others may charge or don’t assemble the furniture at all. In the greater Auckland Area the delivery is done daily and for all other deliveries we use recognised furniture delivery companies who handle the goods with due care. If you require CKD goods to be assembled the driver(s) can do the installation at additional cost. Please note this must be requested when placing the order.
All our freight deliveries are Contractors. The driver is not obligated to install the furniture in your office or residence, or move any existing furniture to make space. However for your convenience we arrange for the carriers to notify you by phone when the delivery will be made so you can be available to accept the goods. If you require special delivery considerations then email us the details and we will provide a quote for what is required.
Damaged Goods
You must inspect the goods when they are delivered and advise both, the Freight Company, driver and 4UShops immediately if there are any problems.
Custom Made Furniture Return Policy
1)Our terms and conditions for Custom-Made colour furniture. Customers may CANCEL an order within 24 hours of placement; thereafter no cancellation of an order is accepted.
2)No return is accepted of any custom colour or size made furniture. Please check for our standard stock items that can be returned in Grey or Tawa under the conditions below.
Return Policy
In following conditions we will be happy to allow goods to return to our base
1) Return has to be pre-authorised with an RA Number, which can be obtained by emailing to returns@4ushops.co.nz or returns also can be authorised by an appropriate person, please call us at our office on (09) 414 4466 (international +64 9 414 4466) or Fax (09) 414 4467, explaining the reason to the return request. 2) Return Courier or Freight Truck has to be paid for by the customer or by mutual agreement between the customer and 4UShops.
3) Goods must be in original packaging and have to be in a Re-Saleable condition.
4) The Goods returned may carry some handling and restocking fees depending on case by case basis and can go up to 20% of purchase value or not less than NZ$30.00. The handling fees will be on fair-minded basis towards our customers and reflect our own expenses towards handling and shipping.
General
4UShops will initiate collection of the Goods and processing of claims for credit by raising a Returned Goods Authorisation. The RA Number has to be attached to all communications and freight labels. The customer's 4UShops account will be credited provided the following conditions are met (and may be reversed or adjusted to the extent such conditions are not met).
(i) The products sold are 4UShops standard lines and match the description in the relevant invoice;
(ii) The product still comprises the full shippable carton quantity originally supplied;
(iii) The Goods returned are found by 4UShops to be in the same marketable and saleable condition based on age, appearance and quality originally supplied;
(iv) The customer is responsible for the cost of the return of the Goods;
(v) 4UShops reserves the right to levy a handling/administration charge of up to 20 percent of the order value or a minimum of $30.00 if deemed appropriate.
(e) Claims for credit adjustment based solely on incorrect pricing of Goods must be notified to 4UShops within 7 days of the invoice date.
(f) Any claims by the customer against 4UShops for defective Goods must be notified in writing to 4UShops within 7 working days of the date of receipt of the Goods and the decision of 4UShops on this claim shall be final and conclusive. (See damaged goods)
(g) In all cases involving the return of Goods, notification and prior written agreement by 4UShops for return of Goods must be obtained from 4UShops. 4UShops will then nominate the transportation method if applicable. For further details please contact 4UShops Customer Service.
(h) 4UShops will not accept freight forward charges.
(i) An order for non-standard products or non-standard sizes (especially manufactured items) cannot be cancelled. Except where they are defective (see damaged goods), such Goods or Products will not be accepted by 4UShops for return or credit under any circumstances.
(k) Where any 4UShops products have been modified or converted from its original form by the customer (eg split, printed, laminated, etc) the same will not be accepted for return by 4UShops.
(l) Please note: Items may be exchanged or returned for account credit only!
(m) Any claims, excluding Return Goods, must be made within 1 month of invoice date.
Please mail your package in a prepaid, insured, traceable method to our address
Please note: Any return or exchange that exceeds 30 days will not be accepted and the item will be shipped back at the customer's expense.
Please note that a restocking fee may also apply if goods are returned without prior approval or the customer refuses delivery or is unavailable for delivery. A redeliver will attract another freight charge.
If you have any doubts please call 4UShops on (09) 414 4466 with your credit card details.
Apparel4U
A restocking charge of 20% or minimum NZ$30.00 plus freight costs will apply to all returns made for the following reasons.
· Customer does not like the style or colour of the apparel.
The item must be in perfect condition with the original packaging and tags attached. Worn, soiled, odorous, damaged, or altered items cannot be returned and will not have a credit issued upon return.
Please note: Items may be exchanged or returned for account credit only!
Chairs4U
A restocking charge of 20% or minimum NZ$30.00 plus freight costs will apply to all returns made for the following reasons.
· Customer decides not to keep the unit because it has to be assembled.
· Customer would like to exchange it for a bigger size chair.
· Customer does not like the colour or style.
The item must be in perfect condition with the original packaging. Used, scratched, soiled, odorous, damaged or altered items cannot be returned and will not have a credit issued upon return.
Please note: Items may be exchanged or returned for account credit only! Where any 4UShops products have been modified or converted from its original form by the customer (eg split, printed, laminated, etc) the same will not be accepted for return by 4UShops.
Coffee4U
The item must be in perfect condition with the original packaging. Used, scratched, soiled, odorous, damaged or altered items cannot be returned and will not have a credit issued upon return.
Please note: Items may be exchanged or returned for account credit only!
Desks4U & Storage4U
A restocking charge of 20% or minimum NZ$30.00 plus freight costs will apply to all returns made for the following reasons.
· Customer decides not to keep the unit because it has to be assembled. 1)
· Customer does not like the standard stock colour (Tawa and Grey) 1) or the standard stock size is incompatible with the intended area.
1) see our other policy for custom colour /size made furniture
Where any 4UShops products have been modified or converted from its original form by the customer (eg split, printed, laminated, etc) the same will not be accepted for return by 4UShops.
Please note: Items may be exchanged or returned for account credit only!
Media4U
A restocking charge of 20% or minimum NZ$30.00 plus freight costs will apply to all returns made for the following reasons.
· Customer decides not to keep the media products because he does not like the product(s).
The item must be in perfect condition with the original packaging. Used, scratched, formatted, printed or damaged items cannot be returned and will not have a credit issued upon return.
Please note: Items may be exchanged or returned for account credit only!
GiftBaskets4U
A restocking charge of 20% or minimum NZ$30.00 plus freight costs will apply to all returns made for the following reasons.
· Customer decides not to keep the Gift Basket because he does not like the products.
Where any 4UShops products have been modified or converted from its original form by the customer (eg split, printed, personal notes, writing, etc) the same will not be accepted for return by 4UShops.
Please note: Items may be exchanged or returned for account credit only!
Damaged Goods
You must inform us within 7 working days from date of delivery of damaged Goods or Products if you wish to claim a replacement. It is important that any delivery must be inspected prior to signing of the courier or freight companies delivery dockets. Only then is 4UShops able to make any insurance claims with the freight companies for a proper replacement. 4UShops must arrange for inspection and (if appropriate) collection of the Goods or Products claimed as damaged in transit prior to the return of the Goods. Upon approval we will replace the products deliver the replacement(s) free of charge. If goods returned are not found to be damaged, the refund will not be granted. We will refund the freight cost or arrange for the return of the damaged Goods or Products. If a replacement cannot be made due to the product being out of stock or it is a end of line model a credit can be issued for a new model or a similar replacement product. If the above is not acceptable a refund will be issued.
Any Damaged Chairs that gets damaged due to a person that is overweight or oversize a repair or refund will not be issued. Any repair including freight will be charged. Under normal use our chairs have a 3 year warranty for faulty workmanship.
Privacy Act 1993
The Customer authorises 4UShops to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes only:
(a) assessing the Customer's creditworthiness.
(b) disclosing to a third party details of this application and any subsequent dealings it may have with 4UShops for the purpose of recovering amounts payable by the Customer and providing credit references.
(c) marketing goods and services provided by 4UShops to the Customer.
Default Events
b) Non-payment of any sum owing by the Customer to 4UShops by the due date.
c) The Customer intimating that it will not pay any sum by due date.
d) Occurrence of any event which would entitle a creditor to petition for liquidation or bankruptcy of the Customer.
e) Filing of a petition for liquidation or bankruptcy of the Customer.
f) Appointment of a new receiver and/or manager of the Customer.
g) The passing of a resolution for voluntary liquidation by the Customer.
h) Any approach by the Customer to creditors to extend time for or otherwise compromise payment of the Customer’s debts.
i) The seizure of Goods by any other Creditor of the Customer or any other Creditor intimates that it intends to seize Goods.
j) Any goods in the possession of the Customer are materially damaged while any sum due from the Customer to 4UShops remains unpaid.
k) A landlord detrains against any of the Customer’s assets.
l) A court judgement is entered against the Customer and remains unsatisfied for 7 days.
m) Any material adverse change occurs in the financial position of the Customer.
18) The Customer gives irrevocable authority to 4UShops to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after a Default Event has occurred or beforehand if 4UShops believes a Default Event is likely to occur, and remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated.
19) 4UShops shall not be liable for costs, damages, expenses or losses incurred by the Customer or any third party as a result of 4UShops’s actions nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded.
20) 4UShops may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling, and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoiced value thereof less such sum as 4UShops reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profits and costs.
21) Where Goods are retained by 4UShops pursuant to Clause 20, the Customer waives the right to receive notice under Section 120 of the Personal Property Securities Act 1999 (PPSA) and to object under Section 121 PPSA.
22) No waiver by 4UShops in respect of any breach shall operate as a waiver in respect of any subsequent breach.
23) Notwithstanding anything to the contrary above, the risk of any loss or damage to or any deterioration in Goods from whatever cause shall pass to the Customer at the time of delivery.
4UShops has no responsibility whatsoever for the Goods once they have been collected by the Customer, passed to the Customer’s agent or carrier, or passed to 4UShops’s carrier for delivery to the Customer and it is the responsibility of the Customer to insure the Goods from that point.
24) Except as expressly provided herein, the terms and conditions contained herein constitute the entire agreement between the parties and no amendment or variation shall be of any force and effect unless in writing and signed by both 4UShops and the Customer. No representations have been made by 4UShops or on it’s behalf which have induced the Customer to enter into these Terms of Sale.
25) No relaxation or indulgence granted by 4UShops to the Customer shall be deemed as a waiver of any rights of 4UShops under these Terms of Sale and such relaxation or indulgence shall not be deemed a novation of any terms and conditions of this agreement.
26) 4UShops shall not be responsible for any loss or damage howsoever caused to the property or person of the Customer or any third party as a result of any defect in the Goods whether patent or latent, and the Customer indemnifies 4UShops against any claims made against it by any third party arising out of such defects.
27) 4UShops reserves the right, entirely at its discretion, to withhold delivery of all goods ordered by the Customer if past purchases remain unpaid.
28) These Terms of Sales do not exclude, restrict, or modify the application of any provision of the Fair Trading Act 1986 or the Consumers Guarantees Act 1993 or any other relevant New Zealand Legislation which by law cannot be excluded, restricted or modified.
29) To the extent that the Customer acquires Goods from 4UShops for the purposes of the Customers business, the Customer and 4UShops hereby agree to contract out of the provisions of the Consumer Guarantees Act 1993.
30) Where the exclusion provided for in Clause 28 applies, 4UShops’s liability in respect of any claim that any Goods are defective or otherwise of a substandard condition shall be limited to:
a) The replacement of the Goods or the supply of equivalent Goods;
b) Repair of the Goods;
c) The payment of the cost of replacing the Goods, or of acquiring equivalent Goods; or
d) The payment of the cost of having the Goods repaired; whichever 4UShops in its absolute discretion shall think fit.
31) The Customer waives the right to receive a verification statement and/or financing change statement under Section 148 Personal Property Securities Act 1999.
32) The Customer shall notify 4UShops in writing, no later than 7 days following any change of the Customer’s name and such notification shall be accompanied by documentary evidence of the Customer’s new name.
33) GOVERNING LAW
33.1)These terms of trade are governed by the laws of New Zealand.
33.2)4UShops and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.
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