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Terms & Conditions 

These terms and conditions are the contract between you and Timbabuild NZ

Limited. By visiting or using our Website; timbabuilnz.com in any way, you

agree to be bound by them.

I / We Timbabuild NZ limited 8146148.

Our address is: 3/6 Hoffs Place, Kenepuru, Porirua, 5022

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 organization.

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 $100 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.

2.10. this agreement is made only in the English language. If there is any

conflict in meaning between the English language version of this

agreement and any version or translation of this agreement in any

other language, the English language version shall prevail.

 

3.1. This agreement contains the entire agreement between the parties and

supersedes all previous agreements and understandings between the

parties.

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. Our contract with you

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. 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.

3.5. The price of Goods may be changed by us at any time. We will never

change a price so as to affect the price charged to you at the time

when you buy those Goods.

3.6. 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.

3.7. We do not sell the Goods in all countries. We may refuse to deliver the

Goods if you live in a country we do not serve.

 

4.1. Your order is an offer to buy from us. We shall accept your order by

email confirmation. That is when our contract is made. Our message

will also confirm details of your purchase and tell you when we shall

dispatch your order.

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;

4.2.2 cancel all or part of your order.

5.1. The price payable for the Goods that you order is clearly set out on Our

Website.

5.2. It is possible that the price may have increased from that posted on

Our Website. If that happens, we will not despatch the Goods until you

have confirmed that you wish to buy at the new price.

4. Acceptance of your order

 

5. Price and payment

5.3. Prices include goods and services tax (“GST”). We do not deliver

outside of New Zealand

5.4. 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.

5.5. 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.

5.6. 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.

5.7. 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.

5.8. 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 20 working days from the date when we accept that

repayment is due.

 

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.

6.2. If you have asked us to remember your credit card details in readiness

for your next purchase or subscription, we will securely store your

payment details on our systems. These details will be fully encrypted

and only used to process your automatic monthly payments or other

transactions which you have initiated.

Returns & Refunds
7.1. Goods are delivered within 10 working days from the day you place an

order to purchase the Goods.

6. Security of your credit card

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

7. Delivery and pick up

7.2. Deliveries will be made by the Carrier to the address stipulated in your

order. You must ensure that someone is present to accept the delivery.

7.3. If we are not able to deliver your Goods within 7 working days of the

date of your order, we shall notify you by e-mail to arrange another

date for delivery.

7.4. We may deliver the Goods in instalments if they are not all available at

the same time for delivery.

7.5. Goods are sent at our risk until signed for by you or by any other

person at the address you have given to us.

7.6. All Goods must be signed for on delivery by an adult aged 18 years or

over. If no one of that age is at the address when the delivery is

attempted the Goods may be retained by the driver. 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 refuse

the delivery and immediately contact us so that we may dispatch a

replacement quickly and minimize your inconvenience.

7.7. Signing "Unchecked", "Not Checked" or similar is not acceptable.

7.8. Goods are sent by courier. We will send you a message by email to tell

you when we have dispatched your order.

7.9. If we agree with you to deliver on a particular day or at a particular

time, we will do our best to comply. But no time given is to be treated

as contractual. So we are not liable to you for any expense or

inconvenience you incur on account of delayed delivery or non-

delivery.

7.10. Some Goods will be delivered direct from the manufacturer who will

contact you to arrange delivery. When delivery of the Goods has been

arranged directly with the manufacturer, you will be subject to the

manufacturer's delivery policy.

7.11. Some Goods are so large and heavy that delivery times may be slightly

longer. In this case, approximate delivery dates will be given when you

place your order.

7.12. Time for delivery specified on the order, if any, is an estimate only and

time shall not be of the essence.

7.13. We are happy for you to pick up Goods from our warehouse provided

you make an appointment in advance and payment has been received

into our bank. A cheque on arrival is not acceptable.

7.14. If you pick up Goods from our premises, then:

7.14.1 we will not be able to assist you in loading heavy items.

7.14.2 Goods are at your risk from the moment they are picked up by

you or your Carrier from our warehouse.

7.14.3 you agree that you are responsible for everything that happens

after you take possession of the Goods, both on and off our

premises, including damage to property of any sort, belonging

to any person.

8.1. We do not deliver outside of New Zealand.

9.1. Please examine the Goods received from us immediately you receive

them. If you do not tell us of any defect or problem within 5 working

days of receipt of the Goods, we shall assume that you have accepted

them.

9.2. The procedure to return the faulty Goods is as follows:

9.2.1 the Goods must be returned to us as soon as any defect is

discovered but not later than 5 working days from receipt by

you.

9.2.2 before you return the Goods to us, please carefully re-read the

instructions and check that you have assembled it correctly.

9.2.3 please follow the returns procedure or

email: timbabuildnz@gmail.com for further advice.

9.3. We will return your money subject to the following conditions:

9.3.1 we receive the Goods with labels and packaging intact.

9.3.2 you comply with our return’s procedure. We cannot return your

money unless we know who sent them.

9.3.3 you tell us clearly what is the fault you complain of, when it first

became apparent, and other information to enable us to

identify or reproduce it.

8. Foreign taxes and duties

9. Liability for subsequent defects

9.4. If any defect is found, then we shall:

9.4.1 repair or replace the Goods, or

9.4.2 refund the full cost you have paid including the cost of

returning the Goods.

9.5. If delivery was made to New Zealand address, you are also protected

by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

10.1. The law differs from one country to another. This paragraph applies so

far as the applicable law allows.

10.2. 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.

10.3. We make no representation or warranty for:

10.3.1 the quality of the Goods.

10.3.2 any implied warranty or condition as to merchantability or

fitness of the Goods for a particular purpose.

10.3.3 the correspondence of the Goods with any description.

10.3.4 the adequacy or appropriateness of the Goods for your

purpose.

10.4. 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.

10.5. 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.

10.6. We make no representation or warranty and accept no responsibility in

law for:

10. Disclaimers

10.6.1 accuracy of any Content or the impression or effect it gives.

10.6.2 delivery of Content, material or any message.

10.6.3 privacy of any transmission.

10.6.4 any act or omission of any person or the identity of any person

who introduces himself to you through Our Website;

10.6.5 any aspect or characteristic of any goods or services

advertised on Our Website;

10.7. 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.

10.8. 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.

10.9. Our total liability under this agreement, however it arises, shall not

exceed the sum of the goods purchased. This applies whether your

case is based on contract, tort or any other basis in law.

10.10. 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.

10.11. If you become aware of any breach of any term of this agreement by

any person, please tell us by state action required. We welcome your

input but do not guarantee to agree with your judgement.

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

11.1. 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.

11. Your account with us

11.2. If you use Our Website, you are responsible for maintaining the

confidentiality of your account and password and for preventing any

unauthorized person from using your account.

11.3. 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.

12.1. be malicious or defamatory;

12.2. consist in commercial audio, video or music files;

12.3. be illegal, obscene, offensive, threatening or violent;

12.4. be sexually explicit or pornographic;

12.5. be likely to deceive any person or be used to impersonate any person,

or to misrepresent your identity, age or affiliation with any person;

12.6. give the impression that it emanates from us or that you are connected

with us or that we have endorsed you or your business;

12.7. solicit passwords or personal information from anyone;

12.8. be used to sell any goods or services or for any other commercial use;

12.9. include anything other than words (i.e. you will not include any symbols

or photographs) except for a photograph of yourself in your profile in

such place as we designate;

12.10. link to any of the material specified above, in this paragraph;

12.11. send age-inappropriate communications or Content to anyone under

the age of 18.

12. Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to

Post Content which is or may:

13. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or

remove a Posting which does not comply with these terms.

13.1. hyperlinks, other than those specifically authorised by us;

13.2. keywords or words repeated, which are irrelevant to the Content

Posted;

13.3. the name, logo or trademark of any organization other than yours;

13.4. inaccurate, false, or misleading information.

14.1. Our privacy policy is strong and precise. It complies fully with Privacy

Act 2020 which is at [link to privacy policy]..

14.2. If you Post Content to any public area of Our Website it becomes

available in the public domain. We have no control who sees it or what

anyone does with it.

14.3. Even if access to your text is behind a user registration it remains

effectively in the public domain because someone has only to register

and log in, to access it. You should therefore avoid Posting

unnecessary confidential information.

14.4. We need the freedom to be able to publicize our services and your own

use of them. You therefore now irrevocably grant us the right and

licence to edit, copy, publish, distribute, translate and otherwise use

any Content that you place on Our Website, in public domains and in

any medium. You represent and warrant that you are authorised to

grant all such rights.

14.5. We will use that license only for commercial purposes of the business

of Our Website and will stop using it after a commercially reasonable

period of time.

14.6. You agree to waive of your right to be identified as the author and your

right to object to derogatory treatment of your work as provided in the

Copyright Act 1994 as amended.

14.7. Posting content of any sort does not change your ownership of the

copyright in it. We have no claim over it and we will not protect your

rights for you.

14.8. You understand that you are personally responsible for your breach of

someone else’s intellectual property rights, defamation, or any law,

In addition to the restrictions set out above, a Posting must not contain:

14. How we handle your Content

which may occur as a result of any Content having been Posted by

you.

14.9. You accept all risk and responsibility for determining whether any

Content is in the public domain and not confidential.

14.10. Please notify us of any security breach or unauthorised use of your

account.

14.11. We do not solicit ideas or text for improvement of our services, but if

you do send to us material of any sort, you are deemed to have

granted us a licence to use it.

15.1. For the avoidance of doubt, this paragraph is addressed to any person

who comes on Our Website for any purpose.

15.2. We are under no obligation to monitor or record the activity of any

customer for any purpose, nor do we assume any responsibility to

monitor or police Internet-related activities. However, we may do so

without notice to you and without giving you a reason.

15.3. If you are offended by any Content, the following procedure applies:

15.3.1 Your claim or complaint must be submitted to us in the form

available on Our Website, or contain the same information as

that requested in our form. It must be sent to us by post or

email.

15.3.2 we shall remove the offending Content as soon as we are

reasonably able;

15.3.3 after we receive notice of a claim or complaint, we shall

investigate so far as we alone decide;

15.4. We may re-instate the Content about which you have complained or

not.

15.5. In respect of any complaint made by you or any person on your behalf,

whether using our form of complaint or not, you now irrevocably grant

to us a licence to publish the complaint and all ensuing

correspondence and communication, without limit.

15. Removal of offensive Content

15.6. You now agree that if any complaint is made by you frivolously or

veraciously you will repay us the cost of our investigation including

legal fees, if any.

16.1. modify, copy, or cause damage or unintended effect to any portion of

Our Website, or any software used within it.

16.2. 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;

16.3. download any part of Our Website, without our express written

consent;

16.4. collect or use any product listings, descriptions, or prices;

16.5. collect or use any information obtained from or about Our Website or

the Content except as intended by this agreement;

16.6. 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;

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

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

16.8.1 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.

16.8.2 you may copy the text of any page for your personal use in

connection with the purpose of Our Website.

16. Security of Our Website

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

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

17.1. your failure to comply with the law of any country;

17.2. your breach of this agreement;

17.3. any act, neglect or default by any agent, employee, licensee or

customer of yours;

17.4. a contractual claim arising from your use of the Goods;

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

18.1. 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).

18.2. 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.

18.3. 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.

18.4. 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.

19.1. 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.

17. Indemnity

You agree to indemnify us against all costs, claims and expense arising

directly or indirectly from:

18. Intellectual Property

19. Miscellaneous matters

19.2. Where we provide goods 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.

19.3. 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.

19.4. The rights and obligations of the parties set out in this agreement shall

pass to any permitted successor in title.

19.5. 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.

19.6. 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.

19.7. 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.

19.8. This agreement does not give any right to any third party under the

Contract and Commercial Law Act 2017 or otherwise.

19.9. Neither party shall be liable for any failure or delay in performance of

this agreement which is caused by circumstances beyond his

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 24 hours if no notice of non-receipt

has been received by the sender. Take care before agreeing

to accept service by e-mail. It may be convenient, but the

parties could miss or accidentally delete the message.

reasonable control, including any labour dispute between a party and

its employees.

19.10. 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.

19.11. 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.