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.
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
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
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
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
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
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-
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
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
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: email@example.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
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
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
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
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
13.3. the name, logo or trademark of any organization other than yours;
13.4. inaccurate, false, or misleading information.
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
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
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
15.3.2 we shall remove the offending Content as soon as we are
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
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
16.3. download any part of Our Website, without our express written
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
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.
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-
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
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
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.