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Terms And Conditions


These terms and conditions cover the use of HouseHold Linens’ online service (the service) and web site www.household-linens.com including www.householdlinens.co.nz, www.householdlinens.com.au, www.household-linens.co.nz, www.household-linens.com.au, www.household-linens.com, www.pancottage.co.nz, www.pancottage.com.au, www.pancottage.com, (the site), including visits to our site, purchases from our site and participation in our database, any promotions and electing to receive e-mails and newsletters.

These Terms and Conditions also cover any sales made from our stores, showroom or arranged by mail, e-mail, fax or telephone.

Users can access this Agreement at any time from any page of the site. Using the site to place an order indicates your acceptance of these terms and conditions. Users can elect to leave the database at any time.

Should you not agree with these terms and conditions then it is important that you refrain from using the site.

In purchasing products or obtaining information from the site you will be asked to provide personal details, such as your name, shipping address, phone number, e-mail address. This information will not be used other than as indicated and we ask you to please review our Privacy Policy for further clarification.

Index to Terms and Conditions for e-commerce trading

1.    Contact Details for HouseHold Linens
2.    Delivery Conditions
3.    Delivery Charges
4.    Delivery Period
5.    Direct Credit Orders
6.    Disclaimer
7.    Gift Vouchers
8.    Governing Law
9.    Guarantees
10.   Intellectual Property
11.   Links
12.   Made to Order
13.   Payment Options
14.   Pricing
15.   Privacy Policy
16.   Product Care
17.   Product Colour
18.   Product Information
19.   Proof of Purchase
20.   Refunds Policy
21.   Restricted Users
22.   Return of Goods
23.   Risk of Loss
24.   Security of Data
25.   Entire Agreement and Variation
26.   Time of Purchase
27.   Track and Order

1.    Contact Details for HouseHold Linens

If you have any queries regarding shopping with HouseHold Linens, please e-mail, fax or call us ... the details are on the “Contact Us” page of this web site.

2.   Delivery Conditions

HouseHold Linens shall arrange a carrier and such form of transport as it considers to be appropriate to ensure prompt  delivery of the goods to the address stated on the order.
 
As we can only deliver to a physical street address, we will require a signature for all deliveries. Such delivery will be at the discretion of the couriers who may not deliver if there is risk of injury or loss. Should this occur the courier will leave a contact number for you to call and arrange safe delivery.

HouseHold Linens will not be responsible for any part delivery or delay in delivery of the goods as a result of ‘Force Majeure’ or events occurring beyond HouseHold Linens’ control and 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.

If goods are missing (after 10 days) or damaged in transit, then please contact us so that we can contact the couriers to locate the goods and lodge any required claim.

3.   Delivery Charges

The cost of delivery will be quoted from the web site and HouseHold Linens reserves the right to pass on any increases in the cost of delivery that arise between the time of ordering and the time of delivery.

4.    Delivery Period

It is expected that delivery will occur within 5 days for New Zealand and Australia and 10 days elsewhere.

5.   Direct Credit Orders

All orders for items to be purchased from HouseHold Linens will be cancelled and the items released for other customers if payment is not received with 24 hours of the order.

6.   Disclaimer

This service provides general and specific information about HouseHold Linens and the products and services we offer. HouseHold Linens 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, HouseHold Linens 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 HouseHold Linens 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.

7.   Gift Vouchers

Gift Vouchers may be sold on the site or from a HouseHold Linens store.  Gift Vouchers may only be redeemed as payment towards the purchase of product at a HouseHold Linens owned store.

Gift Vouchers may not be used to purchase items on this site and may not at anytime be redeemed for cash.

8.   Governing Law

As the purchase is made from New Zealand then this agreement shall be interpreted, construed and governed by the laws of New Zealand.  Accordingly, 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 HouseHold Linens 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 HouseHold Linens and you relating to your use of this site.

9.   Guarantees

The New Zealand Consumer Guarantees Act 1993 does not apply if you are acquiring goods from us for on-sale, or otherwise for business purposes.  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, HouseHold Linens will repair or replace those goods.  The Customer acknowledges that HouseHold Linens does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by HouseHold Linens 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 HouseHold Linens’ prior written approval and the customer must give the person buying the goods such product information relating to the goods as HouseHold Linens requires.
The Customer agrees to indemnify HouseHold Linens against any loss, liability or cost incurred by HouseHold Linens under the Consumer Guarantees Act 1993 or otherwise as a result of any breach by the customer of these obligations.

There is no guarantee given or implied on goods offered at a sale or discounted price where the guarantee is sought in regard to a defect that has been identified to the buyer at the time of purchase.

10.   Intellectual Property

This site is owned and operated by HouseHold Linens.  All of the content included on this site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of HouseHold Linens 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 only of any material on the site for your personal, non-commercial use and without removing any of our trade marks or copyright notices.  No other copying is permitted without our prior written consent.

11.   Links

This site may contain links to other sites on the internet that are owned and operated by third parties.  You acknowledge that HouseHold Linens is not responsible for the operation of or the content on any such ‘Linked’ site.

12.   Made to Order

Product may be ‘Made to Order’ for the customer in which case the cost of any work may be charged as an additional fee payable in advance by the customer.

13.   Payment Options

We currently accept the following credit cards for use on the site ... Master Card and Visa.

Gift Vouchers may not be used for payments on the site.

14.   Pricing

If you are purchasing from New Zealand, then prices may be read as New Zealand dollars and no currency conversion rates are applicable. Prices for goods purchased in New Zealand are deemed to include GST (goods and services tax) at 12.5%.

If you are purchasing from Australia, then prices may be read as Australian dollars and no currency conversion rates are applicable.  Prices for goods purchased in Australia are deemed to include GST (goods and services tax) at 10.0%.  

If you are purchasing from 'other' countries then prices may be read as New Zealand dollars and a currency conversion rate does apply. Prices for goods purchased in 'other' countries do not include sales tax or import duty, this is the responsibiilty of the purchaser.

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.

15.   Privacy Policy

The security of your personal information and credit card details is of utmost importance to HouseHold Linens and we work to protect it.  For this reason our on-line shopping options are via a secure channel. HouseHold Linens does not sell or rent or share your personal information to third parties and any personal information is kept secure and unless required by legislation will not made available to any third party without first receiving your permission.

HouseHold Linens uses a secure internet server.  Secure mode allows you to pass securely encrypted data over the Internet.  All popular browsers support secure mode ... Comodo.  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.

Our site uses an order form for customers to place orders and request information.  We collect customer's contact information (such as e-mail address and phone number) and delivery information (such as physical address). This information is used to send orders to our customers and get in touch with the customer when necessary. All information sent to HouseHold Linens are stored securely in our database and are not revealed to any other parties.

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, rent 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 improve your experience in using the site. Our cookies do not record personal information about you, merely your computer.

If you choose to subscribe to the HouseHold Linens newsletter, we will from time to time e-mail you letting you know about new product or sales.  This service is completely discretionary.  If you decide you no longer wish to receive the newsletter just follow the unsubscribe instructions contained within the e-mail.

In addition to HouseHold Linens' safeguards, an 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.  HouseHold Linens 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 HouseHold Linens.  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.  HouseHold Linens may charge reasonable costs for providing access to that information.

16.   Product Care

The customer will at all times follow the care instructions that are provided within the product or as may be communicated by this web site or by an officer or employee of HouseHold Linens.  Failure to do so may result in HouseHold Linens declining to accept liability for any product questioned as faulty.

17.   Product Colour and Styles

HouseHold Linens take every care to provide an accurate description and depiction of product colours and styles on this site. However from time to time variations from actual product colour or style may occur as a result of the computer monitors or printers on which you have viewed the product.

Product can be viewed at any of our stores or please contact us prior to any order if you have any concern or need to match particular colours or styles otherwise HouseHold Linens will not accept any liability for such variations.
 
Fabric samples are available should you wish ... please email only@householdlinens.co.nz to order.

18.   Product Information

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 HouseHold Linens shall have the right to refuse or cancel any order placed for product listed at the incorrect price.  HouseHold Linens 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 HouseHold Linens shall refund the amount of the charged.

All information on products is provided on an ‘as available’ basis allowing that at the time of your ordering stock was available in our warehouse or stores.

19.   Proof of Purchase

Proof of purchase is required to be provided in regard to any claims for exchange or replacement of product. The acceptable forms of proof are ... the original ‘Sales docket’ provided by a HouseHold Linens store at the time of sale or a copy of our 'Confirmation that your order has been received' or a copy of your bank statement.

20.    Refunds Policy

HouseHold Linens are willing to exchange goods in original purchase condition subject to the customer covering any costs however we are unable to offer refunds for ‘change of mind purchases’.

21.   Restricted Users

You have a right to use the service in a personal capacity and you are responsible for all of your own use and connection costs in using the service. Consequently you will be liable for every order placed under your login.

HouseHold Linens reserve the right to impose such credit limits on any customers as it in it’s sole discretion deems necessary.

The service may not be used for any public or commercial purposes, including reselling or for fraudulent purposes, and it is expressly forbidden to modify, transmit, or otherwise use any material from the service without the express and prior permission of HouseHold Linens in writing
 
Persons under the age of 16 may access the site but may not place any orders or subscribe to our databases or promotions.

We reserve at our sole discretion the right to refuse or cancel any orders and remove contacts from any database which we believe may have been placed or requested for other than legitimate personal purchases.

22.   Return of Goods

Return of goods will only be accepted for exchange within 14 days of delivery unless due to HouseHold Linens’ error. Return freight will be at HouseHold Linens’ cost only when there has been an error on HouseHold Linens’ part. HouseHold Linens will immediately replace any goods proven on inspection by HouseHold Linens to be defective at no cost to the purchaser. Please e-mail, fax or call us - details on the “Contact Us” page of this site.

HouseHold Linens will not accept the return of non-defective goods (such as where the customer has ordered the wrong size or colour) unless HouseHold Linens agrees to accept the return of the goods and advises the customer with a “Return Advice Number” prior to the return of goods.

Return of goods will only be accepted for exchange within 14 days of delivery unless due to HouseHold Linens’ error.  Return freight will be at HouseHold Linens’ cost only when there has been an error on HouseHold Linens’ part.

No returned goods shall be accepted by HouseHold Linens (even if HouseHold Linens 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 HouseHold Linens but not accepted as above they shall be returned to you at your expense.

Receipt by HouseHold Linens or by any of our agents or representatives of any goods returned other than in accordance with the above paragraphs shall not constitute nor be deemed to constitute HouseHold Linens’ acceptance of the return of the goods for credit or any other purpose.

23.   Risk of Loss

In the case of all items purchased from HouseHold Linens the risk of loss and title for such items passes to you upon our delivery to the carrier.  HouseHold Linens is deemed to have fulfilled its obligations to deliver the goods when they are handed to the carrier.

24.   Security of Data

We consider that a transaction made through this site is a most secure way of dealing with HouseHold Linens.

To ensure that your credit card or other personal details are kept secure in transit on the internet we use a 128-bit digital certificate to encrypt the data going to and from the site.  Please look for the secure page entry messages that you get notified from your browser and for the web address to change to “https” (secure web page transfers).

In addition, the HouseHold Linens site is hosted behind a commercial firewall to prevent unauthorized access to your data.  Even if this unlikely event does occur, we do not keep a record of your full credit card number and only authorised personnel from the HouseHold Linens site administration and our hosting provider are allowed either physical or electronic access to the web server or databases.

HouseHold Linens has a proactive Privacy Policy relating to all information that you provide through this site and we take all reasonable steps to prevent any data being inappropriately released or misused.

The customer if an individual, has a right of access to information about the customer held by HouseHold Linens.  The customer may request correction of that information if it is believed to be incorrect.  HouseHold Linens may charge reasonable costs for providing access to that information.

25.   Entire Agreement and Variation

These terms and conditions may be amended from time to time by HouseHold Linens and with immediate effect.

It is the responsibility of users of this site to ensure that they are familiar with the latest terms and conditions.

26.   Time of Purchase

When as part of the ordering process you provide us with your delivery and billing details then this is confirmation that you are ordering.

When we provide by return e-mail our  “Confirmation that your order has been received” then this is evidence that a sale and purchase agreement has been made and that we will be accepting your payment.

27.   Track an Order

If you advise us that your order has not reached you within 5 to 10 days of our 'confirmation that your order has been received' then please contact us and we will be able to track it’s progress through the couriers to locate its whereabouts.