TERMS AND CONDITIONS
S COUNSELL and K PATTERSON trading as The Cusp herein after referred to as The Cusp.
Welcome to www.thecusp.nz. Our purpose is to design and make great furniture items which we sell to customers via our website.
By using www.thecusp.nz you acknowledge that you have read, understood and agree to be bound by these Terms & Conditions. When you purchase products via www.thecusp.nz you accept these Terms and Conditions, and the specific conditions that apply to that purchase. Together these Terms and Conditions form a legal contract between you the Buyer and The Cusp the Seller when you purchase goods.
If you have any questions regarding these Terms and Conditions please contact us at firstname.lastname@example.org
1. PRICE AND ORDERS
1.1 All prices are stated in New Zealand dollars (NZ). We are not GST registered, therefore our prices do not include Goods and Services Tax (GST). If you require a currency converter go to www.xe.com/currencyconverter/
1.2 Prices displayed on the website are subject to change without notice. Prices for items on an order are fixed once your order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted orders.
1.3 The Buyer will pay any customs duty, taxes, excess freight or other charges relating to completing delivery of the order as advised by The Cusp.
1.4 There is no obligation on the Seller to inquire as to the authority of any person placing an order on behalf of the Buyer.
2.1 The Cusp operates a credit card payment process (Mastercard and Visa) to enable you to make payment for all purchases of goods. Your credit card details will be captured by eWAY our payment gateway, at the checkout. Your credit card will be charged once your order has been accepted and prior to the dispatch of your goods.
2.2 After purchasing a product, the name that will appear on your statement will be The Cusp.
2.3 Alternative payment arrangements, can be made by contacting email@example.com.
2.4 No order will be shipped until payment has been received and the funds cleared.
2.5 In the event of any default in payment by the due date the Seller shall be entitled to charge interest to the Buyer at the rate of 1.5% per month until the amount owing and all interest has been paid in full.
3. DELIVERY, RISK and SECURITY
3.1 Delivery of goods, will be made to the Delivery address nominated on the order by the Buyer.
3.2 Freighting of your order will usually be made within 48 hours of your order being received, except for those products that are out of stock, made-to-order or customised. A estimated expected time frame for these items will be provided at the time of ordering.
3.3 You will receive email notification with a track and trace reference number once your order has been dispatched.
3.4 Some products on the site may not be shippable to certain countries around the world.
3.5 Some goods available on the site may be restricted in your country. It is your responsibility to
comply with such restrictions.
3.6 Risk of any loss, damage or deterioration of or to the goods passes to the Buyer on delivery.
3.7 The Buyer acknowledges that the Seller has a security interest under the Personal Property
Securities Act 1999 (‘PPSA’) in all the goods supplied by the Seller together with any debts owing to the Buyer from the sale by the Seller of those goods and any subsequent monies collected from such a sale.
3.8 The Buyer waives its rights under the PPSA to receive a copy of any verification statement and any financing change statement.
4. REFUND POLICY
4.1 We do not provide refunds if you have changed your mind about a particular purchase or would like to cancel your order, so please choose your product carefully and contact the Seller directly prior to placing your order if you require further information.
4.2 If your goods arrive damaged, please advise the Seller via firstname.lastname@example.org within 24 hours of receiving the goods. Please attach a photo of the damaged goods and packaging where possible. The Seller will arrange the return of your damaged item on your behalf. A full refund of the original purchase price plus shipping will be made to the Buyer.
4.3 For goods that do not meet the quality standard or are defective, please contact the Seller via email email@example.com within 7 days of receiving your item. The Seller will arrange the return of the defective good on your behalf. A full refund of the original purchase price plus shipping will be made to the Buyer.
5.1 In respect of any goods supplied to a Buyer registered in New Zealand:
• to the extent the goods are acquired by the Buyer for business purposes the Consumer Guarantees Act 1993 (“CG Act”) does not apply;
• the Buyer agrees to indemnify the Seller against any liability or cost incurred by the Seller
under the CG Act as a result of any breach by the buyer of its obligations under the CG Act to any person; and
• Nothing in these terms is intended to have the effect of contracting out of the provisions of the CG Act except to the extent permitted under that Act.
5.2 In the event of any claim under these terms at the Seller’s discretion goods may be repaired or replaced or the price refunded. These are the sole remedies available to the Buyer for default by the Seller under these terms.
5.3 In any event, the Seller’s liability arising out of any claim or otherwise under these terms will not exceed the price of the goods. No claim may be made against the Seller for consequential damages or loss of profits.
5.4 The only guarantees agreed to by the Seller, are those confirmed by the Seller in writing. 6.
EXCLUSION/LIMITATION OF LIABILITY BY:
6.1 Except to the extent expressly set out in these Terms you acknowledge that The Cusp will not be liable for any damage, loss, cost, claim or expense arising out of or relating to:
• The supply of goods to the Buyer except to the extent expressly set out in these terms; or
• Your use of this site or any ‘hot linked’ site, or
• Your use of or reliance on information contained in or accessed through this site.
6.2 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. This disclaimer does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the Consumer Guarantees Act 1993).
6.3 Subject to the other express provisions of these terms, the maximum liability of the Seller to the Buyer for any claim relating to the supply of goods and services pursuant to these terms shall be limited to the value of those Goods and Services supplied.
7. SITE CONTENT / AVAILABILITY
7.1 Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, we make no warranties or representations about the accuracy or completeness of this site, its contents or the content of any web site ’hot linked’ to or from this site, nor do we undertake to keep this site updated. We will not be liable for any damage, loss, claim or expense suffered as a result of the information on this site or any ‘hot linked site’ not being accurate or updated.
7.2 You must take your own steps to ensure that the process which you employ for accessing this site does not expose you to the risk of viruses or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to your computer system arising out of or relating to your use of this site or any ‘hot linked’ site. Any information which you transmit to us is transmitted through a secure internet system. All reasonable steps to ensure that this information is secure have been taken but we can not warrant all information will be secure at all times.
8.1 If any event of default occurs,
the Seller may suspend or terminate these terms;
any amount owing will immediately become due and payable notwithstanding that the due date has not arisen; and/or
to the extent permitted by law, each security interest created by these terms will become immediately enforceable and the Buyer must return the goods to the Seller promptly on request or the Seller may take possession of and sell the goods and the Seller has all the rights of a natural person in relation to the goods and all other rights conferred by law (including under Part 9 of the PPSA) in relation to the goods; and
The Seller shall not be liable for any loss or damage that results from the exercise, attempted exercise or non-exercise by the Seller of its rights under these terms or conferred by law.
9. INTELLECTUAL PROPERTY
9.1 The Buyer acknowledges that the Seller is the exclusive owner of all Intellectual Property in any Goods and related Services supplied to the Buyer under these terms or otherwise.
9.2 The Buyer will not claim any interest in the intellectual property in those goods nor will it in any way attempt to or allow the copying or reengineering of those goods. For the purposes of this clause ‘Intellectual Property’ means any patent, design, trade mark, copyright, know how, trade secret and any other proprietary right or form of intellectual property (whether protectable by registration or not) in respect of any technology, concept, idea, data, programme or other software (including, without limitation, source and object codes, specifications and process).
9.3The Buyer also acknowledges that The Cusp is the exclusive owner of the www.thecusp.nz website and owns all intellectual property rights including copyright in the form, display and content of the website.
10. FORCE MAJEURE
10.1 Without limiting the foregoing, neither the Seller nor the Buyer will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these terms or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a Force Majeure Event. Nothing contained in this clause will excuse payment of any money due or which becomes due under these terms.
10.2 The rights and obligations of either party which are affected by a Force Majeure Event will be suspended during the continuance of the Force Majeure Event, and either party claiming to be affected by the Force Majeure Event will give immediate notice to the other party containing full particulars of the Force Majeure Event. The party giving notice under this clause will take all reasonable steps to mitigate the effects of the Force Majeure Event and remove such Force Majeure Event provided that neither party will be required to remove any such Force Majeure Event if to do so would require it contrary to its judgement to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.
10.3 If the Force Majeure Event prevents or hinders performance of these Terms for a continuous period of 180 days either party may, on not less than 14 days prior written notice to the other party, terminate these Terms.
11. USE OF INFORMATION
11.1 The Buyer agrees that The Cusp may obtain information about the Buyer from the Buyer or any other person including any credit or debt collection agencies and direct marketing activities, and the Buyer consents to any person providing The Cusp with such information.
11.2 The Buyer agrees that The Cusp may use any information it has about the Buyer relating to the Buyer’s creditworthiness and give that information to any other person, including any credit or debt collection agency for credit assessment and or, debt collection purposes.
12.1 If the Seller exercises or fails to exercise or delays exercising any right or remedy available to it, this will not prejudice the Seller’s rights in exercising that or any other right or remedy unless expressly specified in writing and signed by the Seller.
13. NO ASSIGNMENT
13.1 The Buyer must not transfer or assign its rights under this contract to anyone else without the Seller’s prior consent in writing. The Seller may assign or transfer any of its rights or obligations under these Terms without the Buyer’s consent. Each assignee or transferree is to have the same rights against the Buyer under these Terms as if named as the Seller.
14. GOVERNING LAW
14.1 These Terms will be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
15. WORDS USED IN THESE TERMS
15.1 “Amount Owing” means, at any time, all amounts owing by the Buyer to the Seller under these terms.
15.2 “Buyer” means the person purchasing the goods from the Seller pursuant to these terms, including that person’s successors and assigns.
15.3 “Claim” includes any claim:
• for loss of profits; or
• for any consequential, indirect or special loss, damage or injury of any kind suffered by any person arising directly or indirectly from:
any breach of the Seller’s obligations under these Terms; or
any cancellation of these Terms; or
any negligence, misrepresentation or other act or omission by the Seller or its employees,
agents or contractors; or
for compensation, demand, remedy, liability or action.
15.4 “The Cusp” means S COUNSELL and K PATTERSON trading as The Cusp, the owner and operator of the website, wwwthecusp.nz upon which the goods are being promoted and through which they are being sold.
15.5 “Event of Default” means an event where:
• the Buyer fails to comply with these terms ; or
• the Buyer commits an act of bankruptcy; or
• the Buyer enters into any composition or arrangement with its creditors; or
• if the Buyer is a company:
the Buyer does anything which would make it liable to be put into liquidation; or
a resolution is passed or an application is made for the liquidation of the Buyer; or
a receiver or statutory or official manager is appointed over all or any of the Buyer’s assets,
or the buyer, its board or shareholders consider appointing an administrator or liquidator; or
an administrator is appointed to the Buyer;
• If anything analogous to or having similar effect to any of the other events arises.
15.6 “Force Majeure Event” means the compliance by either party with an order or request
of any governmental, provincial, local, public or military authority or person purporting to act therefore which is beyond their control or by reason of acts of God, fire, explosions, earthquakes, volcanic eruptions, storms, wars, hostilities, public disorders, quarantine restrictions, embargoes, strikes or other disturbances, or by reason of any other cause beyond its control whether or not similar to any of the foregoing.
15.7 “Goods” means all Goods and/or Services supplied to the Buyer by the Seller under these Terms now and at any time in the future.
15.8 “Order” means an order placed by the Buyer with the Seller for the purchase of Goods.
15.9 “Order Acknowledgement” means the acceptance of an Order communicated by the Seller to the Buyer whether by written notification or otherwise.
15.10 “Ownership” means the property in and legal and beneficial ownership to the Goods.
15.11 “Person” includes a corporation, association, firm, company, partnership or individual.
15.12 “Price” means the purchase price of the Goods as most recently specified by the Seller to the Buyer in writing or otherwise (or, if no such price has been specified, the Seller’s then-current market price for the Goods) and any taxes or duties payable under clause 1.3 and any other costs payable by the Buyer under these terms (including, without limitation, costs relating to transportation, storage and insurance).
15.13 “Seller” means The Cusp or if a different party, the Seller of the Goods identified in the Order submitted by the Buyer to The Cusp and each and every subsidiary and related body corporate at any time and, in each case its successors and assigns.
15.14 “Terms” means these terms of sale and, as the context requires, each contract entered into between the Buyer and the Seller for the supply of Goods and each invoice issued by the Seller to the Buyer for Goods into which these terms of sale are incorporated.
15.15 “Designer” refers to the manufacturer of products.
References to legislation includes as amended, re-enacted or substituted and any statutory instruments, regulations and orders issues under such legislation.
Please note that www.thecusp.nz collects and retains information regarding visitors to the site and products purchased for the following purposes:
1. Advising members of new offers
2. To statistically analyse site usage and products purchased
3. To improve content and product offering on the site
4. To improve customer ease and satisfaction
Personal information collected for the above purposes will be retained by The Cusp in its database. You have the right under the Privacy Act 1993 to access any personal information held about you and to request correction of the The Cusp database. If so requested, The Cusp may make the requested correction or attach a note to the record recording that a request for correction was made but not acted upon. You can do this by sending an e-mail request to the following address firstname.lastname@example.org
The Seller processes all payments for products and manages the delivery of those goods to you. (Note www.thecusp.nz does not retain any information relating to credit cards used to order products. eWAY captures the credit card details and stores them securely to complete the transaction. Once the transaction has occurred the details are deleted).
Other than as set out in these terms your information will not be made available to any other organisation.
Where you have subscribed to The Cusp mail database, or where you have provided your email address in the course of placing an order, you have authorised us to contact you by email to advise you of offers being advertised on the site. You may advise us at any time by emailing email@example.com that you no longer wish to receive emails from The Cusp and upon receipt of such advice we will remove your email address from our mailing list.