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Terms & Conditions

Please see below the T&CS for our Goods & Services. 

If you have any questions please contact us 

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Terms and Conditions of Trade

Handcrafted Weddings Ltd

 

1) Terms

  1. The terms and conditions (“Terms”) set out below govern all of the supplies of goods and services, as set out on the website http://www.handcraftedweddings.co.nz (“Website”), to the Client (“Client”, “you” and “your”) by Handcrafted Weddings Ltd (“HW”, “we”, “us” and “our”).

  2. These Terms will replace all earlier HW terms of trade and take precedence over any terms and conditions contained in any document used by you and purporting to have contractual effect.

  3. By accessing the Website and engaging our services you agree to be bound by these Terms.

  4. We may, in our sole discretion, vary these Terms from time to time without further notice to you.

 

2) Quotes and Estimates

  1. These Terms apply to any quote or estimate we give you. Unless otherwise expressly recorded in writing, any pricing information we provide to you shall be deemed to be an estimate only and based on information supplied by you.

  2. Unless otherwise stated, all quotes and estimates are exclusive of GST.

  3. You agree that we may increase or decrease our quotes and estimates by notice to you in our sole discretion by the amount of any increase or decrease in the cost of any items affecting the costs of supply, production and/or delivery of any goods or services between the date of the estimate/quote and the date of delivery.

  4. You are solely responsible for the accuracy of any information upon which a quote or estimate is based.

  5. Any changes to the quantities, measurements, specifications or nature of the services required subsequent to any quote or estimate provided by us or any inaccuracies or misstatements in the information provided to us, shall constitute a variation and shall be paid for at cost plus our margin irrespective of the terms of the quote or estimate.

  6. If we provide an estimate we are not bound to supply the goods or services at the estimated price and you are liable for the actual price of any goods or services purchased as invoiced by us.

  7. We may pass on any of our suppliers’/vendors’ invoices directly to you and you will be responsible for the payment of these invoices directly to the suppliers’/vendors’.

  8. We may at the time of supply substitute similar goods to that ordered/estimated/ quoted.

 

3) Delivery and Risk

  1. You hereby acknowledge that successful performance of our services requires your cooperation in good faith and to provide accurate information regarding your requirements and nature of the services required and any other information as we may request from time to time. You agree to provide such information in good faith for the purpose of providing the services.

  2. Any date for the provision of services in an estimate is an estimated date only and time shall not be of the essence unless we have given a firm commitment to provide those services by or on a specified date in writing. A confirmation of order is not to operate as such a commitment.

  3. You agree to reimburse any freight or delivery costs paid by HW in delivering goods to you and any costs incidental to us being required to travel to provide our services.

 

4) Authorisation

  1. You agree that we have no obligation to inquire into the authority of any person placing orders or engaging our services on your behalf. It is your risk and responsibility to obtain every necessary or prudent authorisation (including licences, permits and consents) in relation to the goods and services we supply to you. DGM-332502-11-12-V1

5) Your Obligations and Risk

  1. You must strictly comply with any instructions, direction, recommended uses and applications and any cautions and/or warnings ("our Instructions") we provide you in respect of the goods and services.

  2. We will not be liable for any direct or indirect damage, economic loss of any kind or any other loss or expenses caused by or contributed by your failure to comply with our Instructions.

 

6) Payment

  1. You agree to the following:

  1. Unless otherwise agreed in writing, you must pay us in cleared funds within 14 days of the date of our invoice.

  2. If we require you to pay a deposit this must be paid immediately on acceptance of the estimate or quote and is non-refundable.

  3. Payment of any amounts owed to us must be free of any counterclaim, set-off, deduction or any other claim whatsoever.

  4. If in our opinion your credit worthiness deteriorates before completion of the performance of our services or supply of the goods, we may require full or partial payment at any time or the provision of security in a form acceptable to us.

 

7) Personal Property Securities Act 1999 ("PPSA")

  1. You acknowledge that these Terms create a security interest in any goods we supply to you as security for your obligations to us under these Terms and this security interest is registerable in the Personal Property Securities Register.

  2. You must sign and deliver any documents and do anything else that we require to ensure that we have a perfected first ranking security interest in the goods under the Personal Properties Securities Act 1999 ("PPSA").

  3. You waive any right to receive a copy of a verification statement under the PPSA and agree to the extent permitted by law that:

  1. Where we have rights in addition to, or existing separately from those in Part 9 of the PPSA, those rights will continue to apply and in particular will not be limited by section 109 of the PPSA;

  2. Sections 133 and 134 of the PPSA will not apply; and

  3. You will have none of the rights referred to in sections 116, 117(1)(c), 119, 120(2), 125, 129 and 131 of the PPSA and you waive your rights to object under section 121 and to redeem under section 132.

8) Intellectual Property

  1. Title to proprietary information including all ownership rights to copyrights, trademarks and trade secrets in and about our goods and services and Website content shall be our exclusive property.

  2. You agree not to in any way copy, reproduce, republish, upload, post, transmit, distribute or store or modify the Website content in whole or in part without HW’s prior written consent.

  3. HW does not transfer any right, title or interest in any copyright, trade marks, or other intellectual property rights relating to any of our goods and services and Website content to you.

  4. This clause 8 shall survive the termination of our contractual relationship with you.

  5. HW reserves the right to alter the Website content in any way at our sole discretion from time to time.

 

9) Indemnity

  1. You undertake and agree to indemnify and hold harmless HW or its officers, employees, contractors or agents immediately on demand against any loss, claim, damage, expense, costs (including legal costs on a solicitor/client basis), liability or proceeding suffered or incurred at any time by HW occurring as a result of, or resulting directly or indirectly from any breach of your obligations, undertakings or warranty contained or implied in these Terms.

 

10) Limitation of Liability

  1. Except as provided in these Terms, under no circumstances will HW or its officers, employees, contractors or agents, be liable in contract, tort (including negligence) or otherwise to compensate you for any loss, injury or damage, whether consequential or otherwise, arising directly or indirectly from HW’s breach of these Terms.

  2. If for any reason, notwithstanding clause 7(a), HW and/or its officers, employees, contractors and/or agents are liable to you in contract, tort, or otherwise, the combined maximum liability of HW and their officers, employees, contractors and agents to you shall be $NZ10 in respect of any one event or related series of events.

 

11) Consumer Guarantees Act 1993 & Fair Trading Act 1986

  1. If you are using our goods, services or the Website for the purpose of a trade or business, you acknowledge and agree to contract out of:

  1. the provisions of the Consumer Guarantees Act 1993; and

  2. sections 9, 12A, 13 or 14(1) of the Fair Trading Act 1986.

 

12) Privacy Information

  1. You agree that any information about you provided to us may be used by us at any time for any purposes connected with our business including but not limited to direct marketing, debt collection and credit reporting or assessment.

  2. You authorise us to provide such information to any external agency or any party for credit information and assessment purposes and that agency or party are hereby authorised to use and continue to use such information as part of their business services. Any personal information is held at 44 Townhead Crescent, Bethlehem, Tauranga and you have certain right of access to your personal information under the Privacy Act 1993.

 

13) Unsolicited Electronic Messages Act 2007

  1. Under the Unsolicited Electronic Messages Act 2007, you must consent to receiving commercial emails from us. Consent can either be explicit, inferred or deemed. We will infer that we have your consent to send you commercial emails from time to time unless you inform us otherwise by letter or email. The email address for unsubscribing to commercial emails is unsubscribe@handcraftedweddings.co.nz.

 

14) General

  1. You agree that time is of the essence in respect of your obligations to us.

  2. We will not be prevented from enforcing any of our rights under this agreement because on an earlier occasion we did not enforce those rights.

  3. While you are not entitled to assign your rights under these terms we may.

  4. You agree that we may issue any proceedings in respect of these terms in any court that suits us. The law that governs these terms is New Zealand law.

  5. Any provision of these terms that is held to be invalid or unenforceable for any reason shall be severed from and shall not affect the remaining provisions of these terms.

  6. You agree that these terms express the entire understanding between us and that there have been no representations made by or on behalf of us that have been relied upon by you that are not contained in these terms.

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