The following Terms and Conditions govern the use of Culley’s Ltd’s Online Service (the Service) including shopping and participation in promotions run by Culley’s Ltd through it’s web site (the Site) and other channels including but not limited to specific purpose web sites, showroom sales, telephone, mail and fax order.
You can access this Agreement at any time from any page of the Site.
We make every effort to ensure all information on this site is accurate and up to date. However, in the event a product is listed at an incorrect price, or with incorrect information, Culley’s Ltd shall have the right to refuse or cancel any order placed for product listed at the incorrect price. Culley’s Ltd shall have the right to refuse or cancel any such order whether or not any such order has been confirmed and your credit card charged. If your credit card has already been charged for such purchase and your order is cancelled, Culley’s Ltd shall refund the amount of the charge.
All prices in the shopping areas are in New Zealand dollars (NZ$) and include GST (at 15% New Zealand sales tax for local sales and 0% for export sales). Subject to the previous clause, all prices are correct at time of publication and the prices published on the Site at the time and date of the purchase will be the final price paid. The time and date of purchase is the time and date we confirm your order by sending goods to you. However we reserve the right to alter prices for any reason.
RISK OF LOSS
Culley’s Ltd shall arrange an agent to deliver the goods to the address stated on the order or as agreed by Culley’s Ltd in writing. Culley’s Ltd shall deliver the goods by such carrier and such form of transport Culley’s Ltd consider to be appropriate or as selected by the customer during the sales process. For items to be shipped overseas, the terms of delivery are FCA (Free Carrier) as defined by INCOTERMS 2000. That is, Culley’s Ltd delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place. Culley’s Ltd will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Culley’s Ltd’s control. Culley’s Ltd shall not be in any way responsible for any losses, damages, costs or other consequences (direct or indirect) arising from such delay or non-delivery.
The Customer agrees to inform Culley’s Ltd within 30 days of the date of invoice if proof of shipment is required.
If you are acquiring goods from us for on-sale, or otherwise for business purposes, the Consumer Guarantees Act 1993 does not apply. Nothing in these terms and conditions is intended to be inconsistent with consumers’ rights under the Consumer Guarantees Act and in the event of any inconsistency the Act overrides the relevant part of these terms and conditions. In any case, where the Consumer Guarantees Act does apply, if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Culley’s Ltd will repair or replace those goods. The Customer acknowledges that Culley’s Ltd does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Culley’s Ltd in writing;
If the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Culley’s Ltd’s prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Culley’s Ltd requires, and the Customer agrees to indemnify Culley’s Ltd against any loss, liability or cost incurred by Culley’s Ltd under the Consumer Guarantees Act 1993 or otherwise as a result of any breach by the Customer of these obligations.
RETURN OF GOODS
Culley’s Ltd will replace any defective goods at no cost to the purchaser. Please contact Culley’s Ltd for detailed instructions should you require assistance. Culley’s Ltd will not accept the return of non-defective goods (such as where the Customer has ordered the wrong size or colour) for credit or any other purpose unless Culley’s Ltd agrees to accept the return of the goods and advises the Customer a return advice number prior to the return of goods. Return of goods will only be accepted for credit or exchange within 14 days of delivery, unless due to Culley’s Ltd’s error. Return freight will be at Culley’s Ltd’s cost only when there has been an error on Culley’s Ltd’s part. No returned goods shall be accepted by Culley’s Ltd (even if Culley’s Ltd agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to above. Where goods are returned to Culley’s Ltd but not accepted as above, they shall be returned to you at your expense. Receipt by Culley’s Ltd or by any of our agents or representatives of any goods returned other than in accordance with the above two paragraphs shall not constitute nor be deemed to constitute Culley’s Ltd’s acceptance of the return of the goods for credit or any other purpose.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Culley’s Ltd is not responsible for the operation of or the content on any such site.
If you have any queries regarding shopping with Culley’s Ltd, please email, fax or call us – details on the website.
USE OF THE SERVICE BY YOU
Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service. You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes. The Service’s content, information and advice is offered free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
Culley’s Ltd will over time provide content and information, which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on the Service.
OWNERSHIP OF SITE
This Site is owned and operated by Culley’s Ltd. All of the content included on this Site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of Culley’s Ltd or its suppliers and protected by New Zealand and international copyright laws. You are welcome to access and use this site and to view and print one copy of any material on it for your personal, non-commercial use and without removing any of our trade marks or copyright notices. No other copying is permitted without our consent in writing.
This Service provides general information about Culley’s Ltd Limited and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about Culley’s Ltd, its suppliers, subsidiaries and the services and products they offer. Culley’s Ltd reserves the right to change delete or move any of the material on the Service at any time without notice.
To the fullest extent permitted by law, Culley’s Ltd and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service. This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.
Except as specifically stated in these terms and conditions, or elsewhere on this Site, or as otherwise required by applicable law, neither Culley’s Ltd nor its directors, employees, licenses, content providers, or other representatives will be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, or inability to use, or the performance of this Site or the content thereof, whether or not we have been advised of the possibility of such damages.
GOVERNING LAW AND VENUE
This agreement shall be interpreted, construed and governed by the laws of New Zealand. Any and all disputes arising under this agreement or in any way related to this Site shall be dealt with by the Courts of New Zealand and each party agrees to not contest the jurisdiction of these courts.
No action of Culley’s Ltd other than an expressed written waiver or amendment may be construed as a waiver or amendment of any of these terms and conditions. Should any clause of these terms and conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to make changes to our Site and these Terms and Conditions at any time and such changes will take affect from the time they are published on this site. These conditions set out the entire agreement between Culley’s Ltd and you relating to your use of this Site.
The security of your personal information and credit card details is of utmost importance to Culley’s Ltd and we work to protect it. For this reason our on-line shopping options are via a secure channel. Any personal information is kept secure and Culley’s Ltd will not make available any personally identifiable information about you to any third party without first receiving your permission, unless legally required to do so. Culley’s Ltd uses a secure Internet server. Secure mode allows you to pass securely encrypted data over the Internet. All popular browsers support secure mode. You can enter your credit card number on a secure form and transmit the form over the Internet to a secure server without risk of an intermediary obtaining your credit card information. All credit card details sent to Culley’s Ltd are NOT stored in our customer database and therefore cannot be revealed to any other parties.
Our site uses an order form for customers to place orders and request information. We collect customer’s contact information (such as email address and phone number), delivery information (such as physical address). This information is used to send orders to our customers, get in touch with the customer when necessary, and to bill the customer for products and services. We may share non-personal aggregate statistics (group) data about our readers, sales and traffic patterns with partners or other parties. However, we do not sell or share any information about individual users.
The Service may also place cookies on your computer. These are only accessible by us and will only be used to track the pages of the web site visited by you, in order for us to build a better site more tailored to your needs and interests. Our cookies do not record personal information about you, merely your computer.
If you choose to subscribe to the Culley’s Ltd newsletter, we will from time to time email you with special offers or deals.
This service is completely discretionary. If you decide you no longer wish to receive the newsletter, just follow the unsubscribe instructions contained within the email.
In addition to Culley’s Ltd ‘s safeguards individual’s personal data is protected in New Zealand by the Privacy Act. This provides, amongst other things, that the data we hold about you should be processed lawfully and fairly. It should be accurate, relevant and not excessive. The information should be kept up to date, where necessary, and not retained for longer than is necessary.
Individuals have the right to see what is held about them and correct any inaccuracies. Culley’s Ltd treats all the data held with the utmost care and security. Any details you give will remain completely confidential.
The Customer, if an individual, has a right of access to information about the Customer held by Culley’s Ltd . The Customer may request correction of that information if it is believed to be incorrect and may require that the request be stored with that information.
Culley’s Ltd may charge reasonable costs for providing access to that information.