In these terms:-
"Goods" means the blinds, window furnishings or other products manufactured or supplied by McCraes Blinds Online and the subject of the order made by You "You" and "Your" means the person ordering Goods from McCraes Blinds Online or "We" or "Us" or "Our" means McCraes Blinds Online
1.1Our site invites You to buy Goods from Us. A legally binding contract with You will only arise once McCraes Blinds Online has received payment for the Goods in full from You and has notified You of acceptance of Your order by e-mail to the e-mail address given by You in the order form.
2.1.The price for any Goods ordered by You will be the price given to you from the quotation system within our site or from one of our sales team and confirmed in the confirmation page generated after you place your order and to the e-mail address supplied by you and will include all taxes applicable from time to time.
2.2 In addition to the price a delivery charge may be payable in respect of deliveries made to locations within New Zealand other than orders for sample swatches of fabric alone. The delivery charge will be that shown on the confirmation page and e-mail sent to You. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us and ask You to confirm that You wish to proceed with Your order.
2.3 Subject to clause 4 - we will debit the price, plus any delivery charge, from Your debit or credit card on receiving your order or as soon reasonably practicable thereafter.
3. RIGHT FOR YOU TO CANCEL YOUR ORDER
3.1 You cannot change or cancel Your order if the Goods You have ordered as they are manufactured, measured and custom-made to Your requirements or specifications and these Goods will not be resalable by Us.
We regret that once Your order has been accepted by Us in relation to such Goods and entered on Our manufacturing process We are unable to accept any changes to these Goods or cancellation of Your order. If prior to delivery You do wish to change Your order or cancel it after We have accepted it, and it has not already been entered on Our manufacturing system, please contact Us as soon as possible by e-mail or by telephone and We will try to assist You. Our acceptance of cancellation of Your order if it has not already been put into production will be subject to retention by Us of a handling charge equal to 30% of the price paid for these custom-made Goods. The balance of the price paid will be reimbursed to You within 30 days of notification of cancellation by recrediting Your debit or credit card.
4. STOCK SHORTAGES
4.1 If the Goods or the fabric You order are unavailable McCraes Blinds Online will notify You as soon as possible and suggest a suitable replacement.
5. PRODUCT DESCRIPTIONS AND MEASUREMENT
5.1 The product information and photographs contained within Our web-site are provided for illustrative purposes only and We cannot warrant that they are accurate. If You are in any doubt as to the precise nature of the product or fabric You wish to order, You are advised to order a free sample of the product.
5.2 As the Goods which You order are manufactured according to the measurements You provide in Your order it is very important that Your measurements are accurate. We cannot accept the return of the Goods by reason of the measurements provided being incorrect. You are advised to read the How to Measure pages of Our web-site or contact Us by e-mail on firstname.lastname@example.org if You would like guidance on how to take the required measurements accurately.
5.3 Orders and pricing on our online shop are based on you, the customer providing all measurements and details of the products required for McCraes Blinds Online to manufacture for you. You the customer take all responsbilty for providing correct measurements. Online purchases can not be made in conjunction with our free measure and quote service.
5.4 Whilst every attempt will be made by McCraes Blinds Online to ensure that the Goods sold and delivered match in every respect any sample or description shown or given or sent to You, any minor or immaterial variation or change in colour or pattern between the sample or description and the goods delivered shall not entitle You to reject the Goods nor to claim any compensation for such variation or change. Please keep in mind that minor dye lot variations in materials are unavoidable and can never be guaranteed, due to this we also recommend that any orders containing the same colour are placed at the same time.
6. DELIVERING YOUR GOODS
6.1 McCraes Blinds Online will deliver Your goods to the address You have provided on the order form for delivery as soon as possible after Your order is acknowledged by you and in any event within 30 days of the day after Your order was placed unless a later date is agreed with You. We will advise You of the estimated delivery date when We accept Your order. We normally aim to deliver Goods within approx 10 working days of acceptance of Your Order. The date notified to You will be an estimate only and We give no warranty that We will be able to deliver on that date.
6.2 Ownership of, and risk in, the Goods will pass to You once they have been delivered to You. If You return the Goods, ownership of, and risk in the Goods returned will pass to Us on receipt of them by Us.
6.3 All goods leave our premises in perfect condition. Once the goods have been accepted by the National Courier into their possession in order to fulfil their contractual obligation to delivery them to You, We are no longer responsible, and therefore accept no liability, for the condition in which the goods are delivered to and accepted by You should they become damaged during transit. We do however ensure that there is a suitable level of insurance taken out against damage for each consignment but it is the responsibility of You to notify Us of any damage in order that we can instigate any insurance claim with the National Courier.
6.4 Your goods are despatched to you via a National Courier, upon arrival you are required to open and inspect the goods for signs of damage, if there is any damage to the goods, you MUST sign the drivers delivery slip "GOODS DAMAGED" and inform us immediately of the damage concerned. If you do not have the time to inspect the goods then the slip must be signed "PACKAGING MARKED, GOODS UNINSPECTED". Failure to follow these instructions may result in the blind or blinds not being replaced.
6.5 If you do find the packaging or goods damaged you MUST inform us immediately by email (email@example.com). Any loss or damage MUST be reported to us within 48 hours of despatch.
6.6 Once we have notified You that Your order is ready to be dispatched and the delivery date has been agreed between Us and You, it is Your responsibility to ensure that You are able to take delivery of Your Goods. The designated National Courier will attempt to deliver Your Goods twice before returning them to Us. Should your Goods be returned to Us due to You not being available to take delivery of Your Goods on the agreed delivery date, You will be responsible for paying any further delivery costs in order to re-dispatch Your Goods to You.
6.7 We will ensure that the appropriate delivery service is notified to the National Courier. e.g. overnight next day. However, we accept no responsibility for the timing of your delivery if the courier company fail to deliver Your goods within the specified time frame of the service for which we have paid.
7. DEFECTIVE GOODS
7.1 McCraes Blinds Online warrants that all Goods sold to You will be free from defects in material and workmanship for a period of 1 year from delivery of the goods to You.
7.2 If Your Goods are defective on delivery or a defect arises within the following 12 months, You are entitled to return them to Us provided You have first contacted Us through our customer service centre or e-mail address shown on Our web-site, giving Us details of the defects, but only if We have agreed that the Goods should be returned to Us. If it appears that the Goods are defective We will promptly arrange for a courier to collect the defective Goods from You and:-
7.2.1 either replace or repair the Goods and return the repaired or replaced goods to You, free of charge; or
7.2.2 if the Goods are defective on delivery, and You so request, arrange for a full refund of the price and delivery charge of the defective Goods by crediting Your debit or credit card within 30 days of receipt of the defective Goods. Provided that the Goods have not been modified or subject to mis-use or negligence. Please contact our customer service centre or by e-mail as described above for guidance on how to pack Your Goods to return them.
7.3 No liability under clause 6.2 shall arise unless the price and the delivery charge has been paid in full on or before delivery.
7.4 If the Goods are not defective, or are returned to Us after the of 3 year period from delivery of the Goods, or they have been modified, misused or the subject of negligence, You will be responsible for the payment of Our charges on a time and materials basis in respect of any repairs and collection and return of the Goods which We agree to carry out at Your request. We shall be entitled to debit such charge on the debit or credit card which You used to order the Goods provided We notify You of the amount of such charges before carrying out the repair
7.5 Except where You are a consumer, McCraes Blinds Online will not be liable for any indirect or consequential loss or damage or loss of profits arising out of Our supply or failure to supply the Goods to You.
7.6 The rights You have in paragraphs 6.1 and 6.2 above do not in any way seek to limit McCraes Blinds Online's liability for death or personal injury resulting from McCraes Blinds Online's negligence and they do not limit any statutory rights You have as a consumer.
7.7 Except where You are acting as a consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the Goods whether implied by statute or common law or otherwise are excluded to fullest extent of the law.
Refunds on duplicate payments (Where the customer clicks refresh on the final payment screen or clicks the 'checkout' button more than once) will be fully refunded.
9. USE OF CARDS By placing an order You authorise McCraes Blinds Online at its discretion to carry out a credit reference or other enquiry upon Your financial status as McCraes Blinds Online thinks fit and You agree to provide such written authorisations which may be required for the purposes of such enquiry. In the absence of such authorisation We may be unable to process Your order.
10. REPRESENTATIONS No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of this web-site or by any employee or agent of McCraes Blinds Online shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
11. EVENTS BEYOND OUR CONTROL
We shall have no liability to You for any failure to deliver Goods You have ordered or for any delay in doing so or for any change of the specified delivery date or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
13.CARD DATA POLICY
We use a third party gateway provider called PAYMENT EXPRESS.
Payment Express have a dedicated and purpose built development and data centre, specially designed for payments processing. We have invested and continue to re-invest in state of the art, bank grade security and infrastructure, and are fully certified as Visa AIS and MasterCard SDP (PCI DSS) compliant at processor level; using an approved QSA for quarterly scans on systems and full onsite audits, annually. All sensitive information is encrypted with the 3DES protocol, using financial Hardware Security Modules
For further information, please visit their website www.paymentexpress.com