Terms of service
See terms & conditions below for:
- Carpet Court New Zealand
- Curtain Studio Ltd
- Shopify
1. Carpet Court New Zealand
Website Terms of Use
Please see here for our Privacy Policy.
This, the Carpet Court website (“site”) is operated by Carpet Court New Zealand (referred to on this site as “the Company”, “we”, “us” or “our”). Your use of this site is governed by these terms of use.
By accessing and browsing this site you agree to be bound by these terms of use, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree to these terms of use, you must refrain from using this site.
We make this site available to you to in order to provide information about our products and services and enable you to purchase these products and services from us at our stores throughout New Zealand. By accepting these terms of use, you confirm your acceptance of the Terms of Use.
The materials contained in this site are protected and applicable to copyright and trademark law.
Carpet Court New Zealand reserves the right to make changes to these Terms and Conditions at any time which will become effective once published on this website. By using this site, you agree to the current version of these Terms and Conditions of use.
Content
Carpet Court advises that every effort has been made to ensure the accuracy and appropriateness of the information on the Carpet Court website is correct, complete and current. However, the Website Content may include errors, omissions or defects, and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, to the maximum extent permitted by law, Carpet Court does not warrant the reliability, accuracy, currency or completeness of the Website Content and takes no responsibility for an error, omission or defect contained in the Website Content. In the unlikely event that an unauthorized person makes changes to this website, Carpet Court does not accept responsibility for those changes.
Colours on the Carpet Court website are a representation only and are intended as a guide only. We recommend that you refer to the product or product sampling before making your purchasing decisions.
Products, pricing, offers and colours may change. All products are subject to availability and ranges vary between stores.
We reserve the right to make changes to the content on this site at any time without notice.
If you notice any errors on this site, contact marketing@carpetcourt.nz.
Contacting us online
As part of our business dealings with you online you have options to make contact with us via online links or can be directed to an 0800 number. The 0800 number is available for use in New Zealand only.
Our email links are directed to stores or a central point and you will receive an automatic response acknowledging receipt. The requests are dependent on the selections you make and the information you provide. Our stores will endeavour to make contact as soon as possible after receipt. Should you have any concerns regarding contact requests, you can make contact with Carpet Court’s Support Office, by emailing info@carpetcourt.nz
Third Party Sites
This website may contain links to other websites operated by parties that are not associated with Carpet Court NZ (“third parties”). Carpet Court NZ has no control over the information on these sites or the products or services on them and therefore makes no representations regarding the accuracy or suitability of such information, services, or products. We recommend that you make your own enquiries in relation to third parties described or linked on this website. Inclusion of a link to a third party website should not be seen as our endorsement of that party’s website.
By linking to sites operated by third parties, Carpet Court is not authorising the reproduction of any material on such websites, as such material may be the subject of intellectual property rights.
Intellectual Property
The materials, content and images displayed on this site are the property of Carpet Court New Zealand and are protected by copyright, trade mark and other intellectual property laws. You may store, print and display the content supplied on our site for personal use only.
Any material you post or send to us via this website will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, reviews, ideas, photographs submitted or other information. We are entitled to use such material for any purpose without compensation to you. You assign all rights, titles and interest to Carpet Court New Zealand of any content you post or submit via this website.
Contacting you
From time to time, we may contact you to inform you of important news, or new products and services. If you no longer wish to receive these messages, please contact marketing@carpetcourt.nz
Social Media Competition Terms and Conditions
Click here to view our Social Media Competition Terms and Conditions.
Governing Law
The terms of use and any matters or disputes connected with this site will be governed by New Zealand laws and will be dealt with in New Zealand courts.
As stated previously, the Carpet Court site and its content is made available for the purposes of shopping at Carpet Court stores throughout New Zealand and providing information about Carpet Court, its products and its services. Reproduction of the images and content on this site for any other purposes is prohibited. All images and content on this website is copyright © Carpet Court 2018.
2. Curtain Studio
For the mutual benefit of Curtain Studio Ltd ("the Company") and you ("the Customer"), please read carefully the following terms and conditions of sale. All goods and services are supplied by the Company on these terms.
Price and Payment
1. The Customers instruction to begin the work outlined in the Company’s quote constitutes acceptance of these terms and conditions of sale and the terms of the quotation the Company has provided and which the Customer has confirmed, for the goods, making and installation costs set out in the Company’s quotation and for any extras or variations agreed upon in the course of installation (see clauses 11 and 12 below).
2. Payment is required as follows:
2.1. Upon written acceptance of the quote a 50% deposit of the total price of the quote is required to confirm the order. Please note that an order is not confirmed until a deposit is received by the Company.
2.2. Full and final payment of the total price for the order is required a minimum of 3 days prior to installation or at the time of collection of the goods.
2.3. Part installation or part supply of the goods requires a payment equal to the value of the goods and/or services supplied, such amount to be determined by the Company at its discretion and notified to the Customer.
3. Measurements supplied by the Customer must be accurate and recorded in millimeters. The utmost care will be taken by the Company in following the measurements, but these measurements are ultimately the responsibility of the Customer.
4. The Customer may not withhold a percentage of the total price as retention for remedial or maintenance work. The Customer may not make any deductions or set off any amounts against the total price.
Risk, Title & Delivery
5. Where the Customer sells the goods prior to ownership passing to the Customer, the proceeds shall be held by the Customer for the benefit of the Company.
6. All goods shall be at the risk of the Customer from the time the goods are delivered to the Customer by the Company. The Customer must insure the goods from the time risk passes to them.
7. Ownership in the goods remain with the Company until payment is made in full.
8. Any stated time for delivery or installation is an estimate only and the Company shall not be responsible for any delay.
9. Once goods have been ordered and fabric has been cut, orders cannot be cancelled. Any cancellation of an order will result in the forfeit of the deposit paid by the Customer.
10. The Company shall store goods pending collection for up to 21 calendar days. The 21 day period starts when the Customer is advised of installation or collection. After 21 days a $50.00 plus GST per week storage fee applies.
Site
11. The Company reserves the right to determine whether the site is ready for installation on the scheduled installation date.
12. It is the Customer’s responsibility to ensure that all existing blinds, drapes and tracks are removed prior to installation. If the Customer requires the removal of any existing window coverings, tracks or brackets there will be an extra cost charged by the Company.
13. Please note that the Company will remove certain items of furniture prior to installation, but where excessive amounts of furniture or chattels require removal, shifting or cleaning up, such charges will be EXTRA to the quotation given to the Customer by the Company. Where the Company does at its discretion de-install any electronic, kitchen or similar items or appliances it will do so on the basis that it will take all reasonable care, however it will not be responsible for any subsequent malfunction.
Consumer Guarantees Act 1993
14. The Customer acknowledges that the Company does not provide any express guarantees, other than those expressly confirmed by the Company in writing. For the avoidance of doubt mildew, fading and misuse of products will not be covered. Unless clause 15 applies, nothing in these terms excludes or limits the Customer’s rights under the Consumer Guarantees Act 1993 (CGA).
15. Where the Customer acquires the goods or services or holds itself out as acquiring the goods or services for business purposes or is in trade, the Customer and the Company agree to contract out of the CGA and confirm that it is fair and reasonable that the provisions in the CGA do not apply.
16. For refunds over $100.00 including GST, a direct credit will be processed to the Customer’s nominated account. All goods shall be returned to the Company prior to a refund being processed.
Progressive Installation
17. It is desirable that the installation be completed in one visit or continues as series of visits by the Company’s installer. Where this is not possible, additional charges may apply. In the event that completion of the installation is delayed for reasons outside of the control of the Company, the Customer may be requested to store all or part of the goods. The Company takes no responsibility for partial quantities of goods left in its care unless an arrangement to the contrary is agreed in writing between the parties.
Default
18. If the Customer defaults on payment of any part of the total price on the due date of payment, or the Customer does anything inconsistent with the Company’s ownership of the goods, or the Customer is otherwise in breach of these terms (“Event of Default”), the Company without prejudice to any other right it has at law or in equity, shall be entitled to:
18.1. terminate this contract created by the quote and these terms by notice in writing to the Customer; or
18.2. demand all amounts outstanding immediately become payable, notwithstanding the payment due date has not arisen; or:
18.3. charge interest to the Customer from the due date for payment at a rate that is 5% per annum above current overdraft rate which the Company has with
its principal trading bank; or
18.4. enforce any security interest created by this agreement and/or by taking possession of the goods; or
18.5. recover from the Customer the costs of and incidental to the Company collecting or attempting to collect the outstanding debt, and enforcing or attempting to
18.6. enforce its security (including legal costs on a Solicitor/Customer basis); or
19. The Customer agrees that, at any time after an Event of Default has occurred and is continuing or at any time if any goods are at risk, the Company may:
19.1. take possession of any goods; and/or
19.2. sell or otherwise dispose of any goods,
in each case in such manner and generally on such terms and conditions as it thinks fit and, in each case, do anything the Customer could do in relation to those goods. As the Customer’s agent, the Company (and its employees and agents) may, without prior notice, enter any land or premises where the goods are kept in order to take possession of and/or remove them, without being responsible for any damage caused in doing so. The Customer agrees to procure all other rights (including consents) necessary to enable, and to indemnify the Company (and its employees and agents) against any liability incurred in connection with, such entry, taking of possession and removal of goods. The Company may resell any of the goods and apply the proceeds of sale in reduction of the amount owing.
Personal Property Securities Act 1999
20. These terms create a security interest in all present and after acquired goods (and any proceeds of such goods) that are supplied by the Company to the Customer.
21. The Customer agrees to do anything reasonably necessary for the purposes of:
21.1. ensuring that the security interest in goods created under or provided for by these terms:
21.1.1. attaches to such goods
21.1.2. is enforceable, perfected, maintained and otherwise effective; and
21.1.3. has the priority contemplated by these terms;
21.2. enabling the Company to prepare and register a financing statement or financing change statement;
21.3. enabling the Company to exercise any of its powers in connection with its security interest in such goods; and
21.4. providing any information requested by the Company in connection with these terms to enable the Company to exercise any of its powers under the Personal Properties Securities Act 1999 (“PPSA”).
22. The Customer agrees that nothing in sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA will apply to these terms and conditions of contract. The Customer waives the Customer’s right to receive a copy of any verification statement.
23. In addition to any rights conferred on the Company by Part 9 of the PPSA, the Company may enforce its security interest by taking possession of any goods and may enter on any premises, whether or not an occupier is present, in order to take possession.
Privacy Act 2020
24. The Customer authorises the Company or the Company’s agent to:
24.1. collect and use information about the Customer for the purposes of conducting a general assessment of the Customer’s creditworthiness, to instruct a credit reporting agency in respect of a debt collection or notify a default by the Customer, as applicable; and
24.2. otherwise use the Customer’s information in accordance with the Company’s privacy policy.
General
25. If the Company fails to exercise any right or remedy available to it, that will not prejudice its rights in regard to that right or remedy.
26. The Company is entitled at any time to assign to any other person all or part of any debt, owing by the Customer to the Company.
27. Unless otherwise specified, all amounts in the quotation are in NZ dollars and exclusive of applicable taxes and will be valid for 14 days after the date of quotation.
3. Shopify
Intellectual Property
Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Relationship with Shopify
The Interiors Group is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Interiors Group. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Interiors Group, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Interiors Group.
Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.