Terms and Conditions of Use
This website is owned and operated by Capital Commercial Furniture Limited (CCFNZ). These terms and conditions ('Terms') govern the use and access by any user of the website at www.ccfnz.co.nz and the sale and purchase of products from www.ccfnz.co.nz. If you access and use the Website you are deemed to have agreed to these Terms.In these Terms, reference to 'we' 'us' and 'our' means CCFNZ, its directors, employees, agents and its associated branches. Reference to 'you' 'your' and 'yours' shall mean any user who is accessing the site at any time. Reference to 'members' means members, users, subscribers or customers of CCFNZ or www.giveplants.co.nz.
If you wish to register as a member/subscriber you will be required to complete the registration form. By completing the registration form your are agreeing to these Terms.
Purpose
E-commerce Payments
All credit card transactions for the purchase of goods from this website are processed in New Zealand Dollars via DPS Payment Express, an externally hosted secure payment gateway dedicated to this purpose. Your card details will be entered into DPS payment express system only.
This website does not receive and cannot retrieve the complete number sequence of your credit card from the transaction record. These details are only entered for processing the transaction on DPS secure SSL servers.
DPS Payment Express is certified and compliant to the Payment Card Industry Data Security Standards (PCI DSS), as a level 1 processor; this includes quarterly scans of its systems and annual onsite audits by a Qualified Security Assessor (QSA). DPS PCI compliance validation can be found in VISA's Global List of PCI DSS Validated Service Providers.
Payment Express is a best practice system used to facilitate electronic payments, from multiple access points i.e. EFTPOS, Billing, IVR, CRM, Vending (GPRS), CRM (Mail Order / Telephone Order) and Web, seamlessly to a chosen acquirer in real time.
Order Confirmation
Cancellation of Orders
Refund Policy
- Non-delivery of the product.
- Delivery of incorrect product where replacement with correct items is not possible.
- Goods with manufacturing defect.
- Goods damaged in delivery.
While we will consider refunds for other reasons, refund requests for products free of defect or damage, correctly fulfilled to order and successfully delivered will rarely be considered.
Approved refund requests will be processed back to the purchaser's initial method of payment. If you have any queries regarding an order, payment or refund, please contact us.
Returns & Refunds
Faulty goods will be repaired or replaced at the discretion of CCFNZ. Product that may be received damaged due to transport freight damage will be repaired or replaced subject to discussion and conclusion of point of damage. If recipient signs for product as received in good condition they have voided the opportunity to claim for any transport damage. All goods are despatched in good condition and carried “at limited carriers risk” (pursuant to the Cartage of Goods Act 1979). No claims will be accepted after two (2) days from the date of delivery. All claims must be made in writing and forwarded to info@ccfnz.co.nzAny refunds are at the discretion of CCFNZ and will only be made if CCFNZ is unable to either repair or replace faulty or damaged product that has been and is accepted by CCFNZ as a genuine and approved claim. These refunds will be made by direct credit into the verified bank account of the claimant and will be only for the value of the product claimed at the time of the purchase of that same product. No refunds will be made for any freight and/or any other costs, be they interest or legal or any other costs that may have been incurred by the claimant in the process of achieving their refund claim.
Products that have been quoted as "custom manufacture/Non-Stock item/special manufacture off shore of New Zealand" are confirmed as non-returnable. Products that are manufactured or upholstered in fabric of a customers choice are non-returnable. You accept at time of order placement that product manufactured as per your special product requirements and that as being, is outside the standard range of products as carried by CCFNZ, are non-returnable and no credits and or credit payments will be made by CCFNZ on these special manufactured and imported products.
Product Specifications
CCFNZ reserves the right to amend the specifications of any product featured on this site at any time disregarding the fact that any orders may have been already placed and/or confirmed at the time of that specification amendment. All specifications as shown are that as is believed to be correct at the time when loaded on to this site and you accept that CCFNZ cannot be held responsible for any incorrect specifications that may be shown.Leather products are made from quality natural leathers and may not be uniform in colour or texture. CCFNZ does not guarantee that the colour of the leather products will match your colour definition of your monitor.
Actual product and/or fabric and/or material colours may not match your monitor. Wood, Melteca, Powder Coat, Polypropylene and/or any other product colours may not match you monitor. CCFNZ does not guarantee that the colour of the products will match your colour definition of your monitor.
CCFNZ reserves the right to change specifications, colours and materials shown in this website or to withdraw products without prior notice at any time disregarding the fact that any orders may have been already placed and/or confirmed at the time of that specification amendment.
At all times CCFNZ will endeavour to ensure that all specifications are correct and true but will accept no responsibility if they are not. Some products may differ slightly to the image used on this site.
Non Standard Product Specifications
Products that have been quoted as non standard height and/or size are supplied on the understanding that you the purchaser accept that the measurements have been supplied by yourself and product will be specially manufactured to those non standard measurements as has been provided and stated in CCFNZ quotations. On order placement you accept that this product is being made as a special to suit your own requirements and therefore is non returnable. You accept full responsibility to check all measurements that have been provided and/or quoted are correct and accepted by you as being correct and you accept that CCFNZ cannot be held responsible for any incorrect specifications and/or sizes that you have provided and you accept that full payment will be made as requested and subject to CCFNZ's payment terms.Warranty
Availability
Product and price shown on this website is for supply in New Zealand only. International customers that wish to pursue an inquiry to supply of products as shown on this website are to make inquiry by email to info@ccfnz.co.nzIf an international customer does not make this inquiry and makes an order and payment by credit card without the written consent of CCFNZ, CCFNZ will not supply the product and will credit back to that customer’s credit card the amount of payment made less the percentage as may have been taken by CCFNZ’s bankers and less a management fee. The credit will be at the current conversion rate at that time and CCFNZ accepts no loss of monies that the international customer may incur. The international customer also accepts that they have no claim on CCFNZ for recovery of any debt or additional costs that they may incur as a result of any transaction that has been incurred as a result of the use of this website without the written consent of CCFNZ.
CCFNZ reserves the right to limit and/or if necessary not supply product to any customer that has not made payment for the product as per the terms of our payment section. Orders cannot be reduced or altered in any way once they have been confirmed.
Items for sale in this website are subject to stock availability. CCFNZ will always endeavour to supply your order in its entirety and as quickly as possible, however there may be times that we may not be able to do so. In such cases you will be advised as soon as possible. You accept that the non supplied product/products will be placed on back order and will be supplied as/when stock comes to hand.
Samples are supplied only after consultation and are/is subject to volume requirements and acceptance of a quotation subject to sample approval. Samples are provided no charge if an order is placed as a result of quotation acceptance. If no order is placed CCFNZ reserves the right to charge freight content costs for both the delivery and collection of the sample/samples and payment is expected immediately to CCFNZ and is/are subject to the same terms and conditions as that of a purchase of a product as listed on this site. If samples are collected and returned damaged the cost of repair and/or replacement will be charged to the person/company that had had the samples and payment is expected immediately and is/are subject to the same terms and conditions as that of a purchase of a product as listed on this site. If samples are lost, stolen and/or damaged while in the care of the customer and/or prospective customer CCFNZ reserves the right to charge the full replacement cost of the samples and/or any freight charges relative to the delivery of those samples to the customer and/or prospective customer and payment is expected immediately to CCFNZ and is/are subject to the same terms and conditions as that of a purchase of a product as listed on this site.
Delivery
Free delivery advertising offer/offers apply only to products that are shown on the web site as stating free delivery in their product description. All non priced products that are shown on the web site as request a quote under/on the price section need to be quoted and delivery charges will apply. Some other products will attract a delivery charge and this/that charge is detailed in the product description. Due to limiting location extreme rural deliveries may/will be delivered to a township near the delivery address and this will be at the discretion of CCFNZ, and you the customer accept that you will make yourself responsible to collect the product from that location.CCFNZ will always endeavour to deliver your order promptly. Product as shown "In Stock" will be delivered within 10 working days of order placement/payment. Product as shown "Pre - Order" will be delivered within a manufacturing schedule time frame. In most cases "Pre - Order" products should be delivered within 15-20 working days of order placement/payment. CCFNZ reserves the right to amend the delivery time frame and if necessary increase this time frame if major delays are incurred by way of manufacturer supply or by way of adverse freight issues/conditions that develop outside of CCFNZ's control. All items for sale in this website are subject to stock availability. CCFNZ will always endeavour to supply your order in its entirety and as quickly as possible, however there may be times that we may not be able to do so. In such cases you will be advised as soon as possible. You accept that the non supplied product/products will be placed on back order and will be supplied as/when stock comes to hand.
Products that have been quoted as special manufacture off shore of New Zealand are subject to overseas manufacturing and container/shipping schedules. On order placement you accept that delivery date order confirmation are indicative only and that CCFNZ reserves the right to amend the delivery time frame and if necessary increase this time frame if major delays are incurred by way of manufacturer supply or by way of adverse freight issues/conditions that develop outside of CCFNZ's control. Additionally you accept that any inconvenience and/or costs and/or contract penalties that may/could/would be incurred by you are your costs alone and that you have no right of recourse to charge/request payment of those costs and/or any other costs incurred as a result of delivery delays to CCFNZ.
Freight charges will depend on the destination, weight and volume of the order. Free Freight Offer to metro areas will be governed by area postal codes on the delivery address. The post codes will be as determined by CCFNZ as being within the free freight area and may be changed at the discretion of CCFNZ at any time. Residential deliveries within the same metro areas may attract a delivery charge. Any commercial or residential orders placed that are outside the postal codes as determined by CCFNZ will not be delivered until the customer has been provided with a delivery cost quote and that amount has been agreed to and paid in full by the customer. CCFNZ reserves the right to withhold any delivery where any order is placed misrepresenting the fact that it is either commercial or residential area delivery. If misrepresentation has been made CCFNZ reserves the right to charge and collect any additional freight costs from the customer before dispatching products.
Any orders that are placed on and/or during public holidays will be processed on the first working day after that public holiday and/or weekend. CCFNZ closes for annual holidays from 19 December for a period of three weeks and any orders that are placed during that annual closure period will be processed on the first working day after that closure. Any orders placed during that period that have/are paid for by credit card the credit card process will still proceed on that day or the following business day of order placement.
You the customer accept that you will make yourself and your delivery premises readily available during normal business hours so as to ensure a smooth delivery. Delays caused to delivery vehicles and drivers as a result of improper entry availbility and/or details that incur costs will be recharged accordingly. Additionally you acknowledge that you will inspect all delivered products before signing as received in good condition. Product that may be received due to transport freight damage will be repaired or replaced subject to discussions and conclusions of point of damage. If recipient signs for products as received in good condition they have voided the opportunity to claim for any transport damages. All claims, if any, must be made in writing and forwarded to info@ccfnz.co.nz
Pricing
All prices are shown in New Zealand dollars and do not include GST. GST is an additional cost over and above the prices shown and must be paid in the total payment due.Prices are subject to change without any prior notice. The amount you will pay will be based on the current prices displayed on this website at the time you submit your online order and/or the price as has been quoted to you and is still current within the terms of the date of that quote. If a quoted price has been found to be incorrect and amended from an original quoted price the price for that product will be the amended price. All quotations are for a 5 day period from the date of the quotation. Some may have an extended 30 day period. All quotation pricing is based on an order confirmation within the number of days as stated from the date of that quotation and after that time CCFNZ reserves the right to review that quotation and all prices contained within.
When a product shows that it has a minimum order quantity then the price as shown on that product applies to each of the items purchased/ordered based on the minimum quantity as shown, and delivery pricing either free or priced per item apply. If you purchase/order less than the minimum quantity as shown then neither item price shown nor delivery pricing shown either free or priced per item apply. Product price change and delivery cost change, if any, will be advised accordingly and need to be accepted by you before the purchase/order will proceed.
All installation pricing is based on the installation team being able to have easy building/site access with the ability of reasonable parking. If site access is and/or parking may be limiting and thoses limits cause extra time and or costs over and above that budget at the time of an installation quotation the additional cost incurred will be additional to the quoted price and is payable by the customer irrelevant of the fact that these limitations are caused by the customer or some other party
Payment Terms
You accept that on order placement you have accepted that payment must be made immediately by credit card or within seven (7) days if payment is being made by way of direct credit. You accept that if payment is not made within our payment terms then you are liable for additional costs to CCFNZ as per (a)(b)(c) as listed below.
All orders where payments are made by credit card will be accepted on the condition that the credit card used is being used by the legitimate owner of that credit card. If CCFNZ discovers fraudulent use of any credit card, New Zealand Police involvement and fraud investigation will be enforced with recovery of all costs for the supply of product and/or recovery of the product and/or all costs with regard to legal and interest and any other costs associated with the recovery of these costs will be sought by due process from the person who placed the order of the original product.
All orders where payment is to be made by direct credit, payment shall be considered due and will fall due for payment as soon as goods are ordered. Should payment in full not be made to CCFNZ within seven days after that due date or within the CCFNZ pre approved extended time frame that will be allowed from time to time for large volume orders, then:
(a) the contracting party shall pay interest on all amounts outstanding at a rate which is 5% above the rate charged over the relevant period by CCFNZ’s bankers on primary level overdraft advances to CCFNZ; and(b) CCFNZ shall be entitled to sue forthwith for the recovery of all outstanding monies and interest thereon; and(c) any costs incurred by CCFNZ in connection with recovery action taken in respect of outstanding money interest and other charges shall be payable by the contracting party on demand.
CCFNZ reserves the right to ask for an advanced payment/deposit to be made by all/or any new customer and/or returning customer that has been allowed extended credit terms and/or where the order is of a substantial dollar value. The substantial dollar value is as determined solely by CCFNZ and is non negotaible.
Products that have been quoted as special manufacture off shore of New Zealand are subject to a payment/deposit at the time of order confirmation of not less than 50% of the value of the total order value including GST with the balance being made at time of manufacturing completion and/or when/if stock is made available from another country and before time of shipment from foreign port. CCFNZ reserves the right to increase the amount of the deposit and/or ask for full payment at time of order placement if the product order is specific to your requirements and/or if CCFNZ decides.
A Surcharge of 3% applies to all credit card transactions over $1500
a)The buyer agrees that, for the purposes of the Personal Property Securities Act 1999 ("Act"), these terms of trade are a security
agreement;
b)The buyer agrees that, for the purposes of the Personal Property Securities Act 1999 ("Act"), Capital Commercial Furniture Limited
("Company") has a security interest in the goods supplied by the Company to the buyer (as detailed) in each invoice supplied to the buyer as
well as the proceeds of such goods. The buyer agrees to sign any document required for the Company to perfect the buyer's security interest
under the Act;
c)Romalpa Clause: Prior to the buyer paying in full for all goods supplied to the buyer by the Company, ownership of such goods will remain
with the Company. If the buyer fails to pay on the due date or breaches these terms, or is placed in receivership, or liquidation, the buyer
authorises the Company to enter any premises to recover goods owned by the Company. The buyer agrees to indemnify the Company for any loses
or cost the Company incurs in recovering such goods. If the premises are those of a third party, the Company may enter and recover the goods
as the buyer's agent. If the buyer on sells and goods supplied by the Company before ownership has passed to the buyer, the proceeds of such
a sale will be received and held by the buyer in trust for both the Company and the buyer.
Consumer Guarantees Act 1993
Intellectual property and restrictions on use of website material
The information contained or obtained in the use of the Website including products, technology and processes may be the subject of other intellectual property rights owned by CCFNZ or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms.
Exclusions and limitations of liability
Without limiting the generality of the foregoing and to the extent permitted by law, we:
(a) make no warranty (whether express, implied or statutory) as to the completeness, accuracy, reliability or fitness for purpose of any material on the Website;
(b) are not liable to you or to anyone else for any errors in the information on the Website including in any third party content provided to us for inclusion on the Website;
(c) are not liable for any failure or unavailability of the Website for any time period; and
(d) reserve the right to modify or withdraw any particular service or product referred to in this Website or any CCFNZ database, material, service and/or system. CCFNZ reserves the right to terminate access to this Website and/or to take any other action it believes necessary to comply with the law or to protect its rights, members and/or customers. Any access or attempt to access or use this Website for any unauthorized or illegal purpose is strictly prohibited;
CCFNZ advises you to exercise discretion while browsing this Website and the Internet. In addition, we cannot guarantee to prevent hyperlinks being placed on this Website that may direct you to sites containing information that some people may find offensive or inappropriate. Such linked Website may not be under the control of CCFNZ and CCFNZ does not make any representations concerning any such Website which you may access via a Hyperlink from this Website, and accordingly CCFNZ shall not be responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in any such Website which may be accessible via a Hyperlink to or from this Website or for the Hyperlink itself. Any Hyperlinks provided legitimately to you by CCFNZ serve only as a convenience and the inclusion of any Hyperlink on this Website does not and should not imply any endorsement by CCFNZ.
Use of this Website is provided without charge as a convenience to visitors to be used for the purposes of information, education, quotations, purchasing, and communication. While all information advice and/or material(s) contained in this Website have been prepared and compiled from sources believed to be reliable, CCFNZ makes no guarantee(s) and shall not be responsible nor liabile for to the correctness, accuracy, sufficiency, suitability (for a particular purpose or purposes) and/or completeness or otherwise of such information, advice and/or material and shall not be held responsible nor liable in relation thereto. CCFNZ does not represent nor endorse the correctness, reliability, accuracy, sufficiency, suitability (for a particular purpose or purposes) and/or completeness or otherwise of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Website, nor the quality of any product(s) supplied by third parties, information or other material(s) or service(s) displayed, obtained or purchased by you as a result of your use of this Website or any of CCFNZ’s services, or system(s). In accessing and/or using this Website you acknowledge that you do so at your own risk.
You assume the responsibility to take adequate precautions against damages to your systems and/or operations which could be caused by defects or deficiencies in this Website, any CCFNZ information, service(s), system(s), database(s) and/or material(s), or part(s) thereof. You also acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while CCFNZ will implement reasonable security precautions to attempt to prevent such occurrences, CCFNZ does not guarantee that such events will not take place. You are also solely responsible for ensuring that all posts made by or for you to this Website will not contain any virus or other malicious software code or routine designed to disable, erase, impair or otherwise damage the site or any system, software or data of CCFNZ or any other user of the CCFNZ Website/software and you hereby agree to indemnify, defend and save CCFNZ and its members, employees, resellers, agents, representatives, licensors and suppliers harmless from all and any liability, claim, cost or damage arising out of any claim or suit by any such user caused by such virus or other computer software code or routine.
Neither CCFNZ nor its members, employees, resellers, agents, representatives, licensors or suppliers shall in any event be liable to you or to any third party for any loss of profits, revenues, business opportunities or business advantages whatsoever, nor for any direct, indirect, special, consequential, indirect or incidental losses, damages or expenses directly or indirectly incurred relating to the use or misuse of this Website, or with respect to any other hyperlinked Website, or any CCFNZ information, content or other material or software used therewith, the use or failure, non-compliance or limited availability of any information, content, or service provided by CCFNZ through this Website, any information provided in the CCFNZ or any obligation under or subject matter of this Website, whether such claim is based upon breach of contract, breach of warranty, negligence, gross negligence, strict liability, in tort and/or any other cause of action whatsoever, whether or not CCFNZ is informed in advance of the possibility of such loss(es) or damage(s)
Without limiting the preceding clauses and to the extent that our liability is not excluded under those clauses or any other clause in these Terms, the maximum amount for which we are liable to you under or in connection with these Terms (whether that liability arises in contract, tort (including negligence) or Statute) is $100.
Privacy Policy
How we use personal data
Your personal information will never be given to any third party. We use your personal data for the following purposes only:- Replying to your queries- Processing your registration as an email only subscriber, or processing your membership application- Providing you with information about us and our services- Providing you with services in relation to this Website- Complying with relevant legislation and regulations- Any specific purpose which we notify you of at the time personal data is collectedWe may use non-personalised statistics about the use of this Website to continually improve it and improve customer service. These statistics do not comprise personal information.How we store personal data
We store personal data electronically. The data is protected and secure using generally accepted standards of security.Acceptance
By using this Website you consent to our use of your personal data in accordance with this Privacy Policy (as amended from time to time). By accepting this Privacy Policy, you acknowledge that the Privacy Legislation in other jurisdictions does not apply. We reserve the right to modify or amend this Privacy Policy at any time and for any reason.
Type of personal data we collect
We collect only the personal data you give us (including your name, email address, and contact telephone numbers). We may also keep a record of any information that you acquire from us.Where we collect personal data
We collect personal data from the following sources:- By you inquiring about information on us, our services or anything on this Website.- Directly from you when you purchase from our Website or when you complete an on line contact form or registration.Cookies
We may use "cookies" to provide you with access to tailored information and services on this Website, and to serve you better when you return to it. A cookie is a small data file that the Website sends to your browser, which may then store it on your system for later retrieval by the Website. Cookies track your movements through different websites; they do not record any other personal information about you. Cookies are widely used on websites to help with navigation and to help personalise your experience when you visit a website.
Retention of personal data
We'll keep your personal data only for as long as necessary to achieve the purpose we collected it for.
Reasonable Care
Your information is protected via the highest generally accepted industry protocols and standards applying all reasonable administrative, technical, and physical security controls and care to protect your personal data. Despite these efforts it is recognised that no security controls can be guaranteed 100% effective and we cannot warrant such.
Accessing/amending your personal dataYou may access your personal data we hold by contacting us. We will provide you with a copy of the personal data we keep about you. You may request that the personal data we hold about you be corrected or deleted at any time.