Terms & Conditions

TERMS AND CONDITIONS:

The use of this website is subject to the Terms of Use as detailed below in conjunction with our Privacy Policy and our standard terms and conditions for the supply of goods and services (together the Terms and Conditions) which together constitute the full agreement between you and Lamington Design Limited (us, our, we). By using this website you acknowledge that you have read, accepted and agree to be bound by the Terms and Conditions.

If you intend to transact through this website (i.e purchase goods and/or services) then you warrant that you are at least 18 years of age, that you have the power to enter into this agreement and you acknowledge that this agreement creates binding and valid legal obligations upon you.

If you do not agree with, or do not wish to accept, the Terms and Conditions relating to this website, or you are under the age of 18, then you must not use this website. If you do not accept our Terms and Conditions you may not be able to access certain sections of this website.

 

1. RETURNS, DAMAGED OR DEFECTIVE GOODS

1.1 Our policy in relation to returns, damaged or defective goods shall be as specified in our standard terms and conditions for the supply of goods and services, which form part of these Terms and Conditions.

1.2 We shall not accept returns for change of mind or if you make a wrong decision unless due to our negligence or incorrect information supplied by us.

 

2. COPYRIGHT AND TRADEMARKS

2.1 All intellectual property rights (including copyright and trade mark rights) in the contents of this website and all works relating to the goods and services that we provide are at all times the sole property of us or our suppliers or linked third parties.

2.2 You may not copy, distribute, reproduce, display or publish any, or any part of any, content of this website or any work relating to any goods or services, or any trade mark that appears on this website, for any purpose whatsoever without our prior written approval. You agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with this clause.

2.3 You agree that, unless we have agreed otherwise in writing, you are purchasing any goods for you own use and will not resell any goods without our prior written consent.

 

3. ADVERTISERS AND LINKED SITES

3.1 The display on our website of any advertiser or the provision of a link to third party website does not constitute our endorsement of either the advertiser or third party provider or any of their website content or business practices. As we do not have any control of the content of any third party websites, access to such websites is at your sole risk and we recommend that you thoroughly review the terms and conditions of use and the privacy policies of any third party website before you access such website.

3.2 We will not be liable to you or any other person in relation to any dealings, promotions or activities between yourself and advertisers or third party providers.

 

4. DETAILS

4.1 You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.

4.2 You agree not to:

(a) impersonate another person;

(b) use a false name or a name you are not authorised to use; or

(c) create a false identity or provide a false address or email address.

 

5. SPECIFICATIONS AND INFORMATION

5.1 Specifications and information provided on this website are given in good faith based on our knowledge, experience and information provided to us by manufacturers and/or suppliers or derived from sources believed to be accurate at the time the information is received by us. We do not warrant that any specifications or information provided on this website will be accurate, complete or up-to-date, and, to the extent permitted by law, we will not be liable if any specifications or information are inaccurate, incomplete or out-of-date.

5.2 You acknowledge and accept that colours of items displayed on the website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images or the device that you use to view those images.

5.3 You acknowledge and agree that you are responsible for ensuring that any goods that we supply are appropriate for you intended use, including that they are the right and size and fit for their proposed user. To the extent permitted by law, we will not be liable for any loss caused by any good being inappropriate for its intended use, including because it does not fit the intended user correctly.

 

6. ON-LINE ORDERING

6.1 Display on this website does not guarantee the availability of any particular goods or services. All orders placed through this website shall be subject to confirmation of acceptance by us. Orders for services shall also be subject to confirmation of suitable timeframes between you and ourselves for provision of the services.

6.2 Subject to the availability of stock, the estimated turnaround time for delivery of the goods within New Zealand is five business days from the time of ordering, international orders is ten business days, unless otherwise advised. However, we do not represent or warrant that any goods will be delivered within any particular timeframe.

 

7. CHANGES TO TERMS AND CONDITIONS

7.1 We reserve the right to change any of the Terms and Conditions at any time. The amended Terms and Conditions will be effective once they are uploaded onto this website.

7.2 By continuing to use this website, including by ordering any goods and services, you shall be deemed to have accepted the amended Terms and Conditions. If you do not wish to accept the amended Terms and Conditions, you must stop using the website.

 

8. CONTINUOUS SERVICE

8.1 Due to the inherent nature of websites we cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may be unavailable from time to time for scheduled or unscheduled maintenance or scheduled upgrades, or for any other reason.

8.2 We are not liable to you or any other person in relation to website downtime whether scheduled or otherwise.

 

9. TERMINATION OF USE

9.1 These terms and your access to our website may be terminated by us (at our sole discretion) at any time without notice or any requirement to give you a reason why.

9.2 In the event of termination under this clause we shall have no liability to you or any other person whatsoever (including for any consequential or direct loss you may suffer).

 

10. JURISDICTION

10.1 This website (excluding any linked third party sites) is controlled by us from our principal business premises in New Zealand. It can be accessed from countries around the world to the extent permitted by the website. These Terms and Conditions and any dealings, actions or claims arising out of, or in relation to, the website, any goods and services or these Terms and Conditions, will be governed by the laws of New Zealand irrespective of any conflict with any laws and statutes applicable to your country of domicile.

10.2 You hereby submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute under or in connection with the Terms and Conditions or relating to the website or any goods and services and agree that any legal proceedings will be conducted in English.

 

11. COMPLIANCE WITH POLICIES

11.1 By using the website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms and Conditions.

 

12. INDEMNITY

12.1 You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the website, any information provided by you and/or any breach of these Terms and Conditions.

 

13. LIABILITY AND WAIVER

13.1 To the extent permitted by law, we make no representation or warranties about the website or the goods or services offered through this website, including any warranty that the goods and services are appropriate, available or suitable for any particular use.

13.2 To the extent permitted by law, in no event will we be liable to you for any indirect or consequential losses under or in connection with these Terms and Conditions, the website or any goods or services provided through the website.

13.3 If we are found to have any liability under or in connection with these Terms and Conditions, the website or any goods or services provided through the website, our liability will be limited to an obligation to, at our option, either repair or replace the goods or services ordered by you or provide you with a refund for those goods and services. Subject to that obligation, in no event will our liability arising out of all claims under these Terms and Conditions or relating to the website or any goods or services provided through the website in any circumstances exceed NZ$100. Nothing in this clause limits our liability to the extent not permitted by applicable law.

13.4 Our failure or delay to exercise any right or remedy we may have under these Terms and Conditions will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

13.5 We will not be liable for any breach of, or failure to perform, any of its obligations under the Terms and Condition where such breach or failure is caused by anything beyond our reasonable control, including (without limitation) war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, governmental regulation or direction.