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TERMS AND CONDITIONS This site is owned and operated by The Kitchen Gallery Limited (‘TKG,’ ‘we’ or ‘us’ ‘our’). By using or accessing our website and/or placing any order(s), you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions then you may not use or access our website or place orders. These terms relate to sales over the Internet only. Separate terms and conditions apply to purchases made from our stores. This website is designed for your convenience and if you have any comments or problems and any questions regarding this site and/or products and services featured on the site, please contact us. If you have experienced technical problems while using this site please contact us. The contract made by you on-line with us incorporates these terms and conditions, which shall prevail over any and all terms and conditions, proposed by you. You should not proceed with your purchase until you have read and agreed to these terms and conditions. By purchasing from this site you will be deeemd to have read and agreed to these terms and conditions. Product Specifications We have a policy of continuous product development and reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales. Products supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the products supplied will be of equivalent value, functionality and appearance. Some kitchen furniture is made from quality natural wood and accordingly appearances may vary. Some woods will mellow with age and exposure to sunlight. Unless specified otherwise, all products are delivered as self-assembly units. We endeavour to display as accurately as possible the colours of our products that appear on the website. However we cannot guarantee the complete accuracy of the pictures or photographs that are shown. Measurements We will not accept any liability for any extra costs incurred by you as a result of incorrect or incomplete measurements or information supplied by you. All dimensions specified by us are approximate. Prices All prices include GST, where appropriate, at the prevailing rate and are subject to any promotional offer or discount. Goods are delivered on weekdays directly to your home address if you live within the North or South Island of New Zealand. A delivery charge may apply, which will depend on your purchases. You will be notified of the delivery charge by telephone or email as soon as possbile after placing your order. For weekend delivery, if available, a surcharge may apply. The prices displayed on the website are for on-line purchases and promotions only and are not transferable to sales of our products through our stores. The prices displayed on the website in relation to any on-line promotion are valid strictly until midnight on the day on which the promotion expires, as determined by us. We will not be bound to honour any prices where we have indicated to you subsequently that the prices displayed have been displayed in error. Payment You must pay by credit card at the time of order. The price of any product is the price in force at the date and time of your order. You undertake that all details you provide to us for the purpose of purchasing products which may be offered by us on our website will be correct; that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit charge or debit card details before accepting your order. Payment will be taken in full (excluding delivery charges) at the time of the order, unless specified otherwise. The contract shall not have been concluded until we have completed all of the following steps: we have received your valid credit card payment details, we have accepted your on-line order and sent you confirmation of receipt of your order by return e-mail to the address you have given us during the ordering procedure, we have contacted you to advise of delivery costs and then we dispatched the goods to you. We are entitled to refuse any order placed by you. Delivery We are only able to deliver online orders to you if you have a permanent address in the North or South Island of New Zealand. We will endeavour to fulfil your order by the date advised when confirming delivery charges. Where this date has not been discussed we shall endeavour to fulfil your order within thirty (30) days, except in the case of items that are out of stock where delivery can take six (6) weeks or more. For all orders, any changes made to the content of your order will have an impact on your delivery date. We may therefore be unable to deliver your goods on your confirmed delivery date should changes occur and if so, a new delivery date will be given. You are responsible for providing a safe means of access from the public highway to the place of delivery. If our delivery staff consider that access is unsafe we will not deliver the goods until safe access is provided, and an additional delivery charge may be applicable. If you are unable, for whatever reason to take delivery of your goods on the confirmed delivery date or we are unable to deliver the goods due to there being no safe means of access to the place of delivery we shall be entitled to cancel your order and refund your payments less an administration fee of 20% of the order value (up to a maximum of $250 including GST) and less the delivery cost. If we accidentally damage goods in the course of delivery our liability for that damage is limited to the repair, replacement or refund of the goods or the value thereof. Time of delivery is not of the essence in these terms and conditions. We will not be liable for any loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of The Kitchen Gallery or any reasonable rescheduling of delivery. Installation If you would like to benefit from our installation service, please contact your local store. Returns, Refunds and Your Right to Cancel Subject to your statutory rights, you may in certain circumstances cancel your order and return the products you have purchased in an as new saleable condition and the original packaging in the condition it was provided, but we will retain an administration fee of 20% of the value of the goods and any delivery costs we have incurred. Subject to your statutory rights, products made or altered specifically for you may not be returned nor will we provide any refund unless they are defective or have been accidentally damaged by us in the course of delivery. If we deliver incorrect or damaged goods, or in the event that you discover any defect in the goods for which you require compensation or other remedy, you must report the defect within 3 days of the date you receive them, by contacting us. Please keep the products purchased in a saleable condition and retain the original packaging in the condition it was provided. We will not be liable for any damage or loss resulting from repairs attempted by you or third parties. Guarantees and Claims under Guarantee We guarantee all products against faulty workmanship and/or faulty materials for a minimum period of 12 months from the actual date of delivery. These guarantees do not cover fair wear and tear; neglect; abuse or misuse of your goods; loss or damage due to fire, smoke, water, lightning, sunlight, weather, rusting, corrosion, theft or explosion; accidental damage or loss or damage caused by a third party. In the event of a claim under guarantee occurring, please contact us. We will arrange to repair or replace the defective or incorrect item free of charge. Should a part no longer be available, it will be replaced with a part that most closely matches it or provide a refund for the defective item if no closely matching part is available. We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered products over and above the value of the goods themselves. This does not affect your statutory rights. Site Content and Disclaimers Every effort is made to ensure the complete accuracy of our website, however some prices/details contained on the website may change from time to time and it is possible that errors will occur. We will use our best endeavours to rectify any errors, as swiftly as possible but we cannot be responsible for any losses incurred. To the maximum extent permissible by law, we exclude all warranties, express or implied as to the accuracy of the information contained in any of the materials on this website. We cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon the information contained on this website. Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material. Applicable Law We control and operate the web site from our offices within New Zealand. Accordingly the laws of New Zealand govern claims relating to, including the use of, this web site and the materials contained therein. If you choose to access our web site from outside New Zealand you do so on your own initiative and you hereby agree that in the event of a dispute between The Kitchen Gallery Limited and you the laws of New Zealand will apply at all times. |
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