Advance Scaffold Online Sale Terms
In these terms:
(1) “you”, means anyone who visits or uses this website
(2) "Order" means an offer made by you in response to an invitation to treat made by us on the website.
(3) “third party” includes any agent or contractor of us and any person engaged by any us, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website.
From time to time the Company may issue updated or revised terms. An order of goods by you after the Company has published the revised/amended terms on its website is deemed to be acceptance of such terms. We therefore recommend that each time you access our website you read these terms.
2. GUESTS AND REGISTERED USERS
(1) You may access or use the website as a ‘guest’ or as a ‘member’.
(2) To become a member of the website, you must upon request provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Service Team on - 0800 869 377
(3) You will receive an email from us immediately after you create your membership account. If you have not received such an email within 24 hours, please contact our Customer Service Team – 0800 869 377
(4) We only permit one membership registration per email address.
(5) You must not use another members’ account.
(6) You must keep your password secure and you are responsible for any activity using your membership. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Customer Service Team – 0800 869 377
(8) We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
3. PRODUCT ORDERS
(1) All goods sold are subject to their availability. Some goods and promotional items may be limited as to quantity.
(2) Please refer to our returns policy regarding returning online orders. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order. Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Sale Terms.
(3) You and we may enter into a contract for the sale and supply of goods by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic Order for the goods using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) our acceptance of that offer in accordance with these Sales Terms.
(4) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the goods only when:
(i) all requirements set out in these Sales Terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) we receive in our account full payment from you for the goods (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(5) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) we may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(6) You will receive an email from us immediately after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Service Team – 0800 869 377
(7) If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(8) We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the goods on the website, or an error in your Order.
(9) We endeavour to ensure that any representations made about stock availabilities are accurate to the last known stock level. You acknowledge that stock availabilities are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.
(10) We will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from us.
4. ORDER ENQUIRIES
If you have any query about the progress of your Order please contact the Customer Service Team – 0800 869 377 Please have your Order number handy as shown on the email confirmation.\
5. GIFT CARDS
We are unable to accept any gift card as a payment option for any Order.
(1) Prices shown are in New Zealand dollars and include Goods and Services Tax (“GST”) where applicable. Prices do not include any costs associated with set-up or installation, which shall be your responsibility. Prices may not include delivery and handling charges. We may vary any prices on this website at any time without notice to you.
(2) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(3) We reserve the right to correct any errors.
(1) Payment (including any freight charges) must be confirmed and received as cleared funds by us before any order can be processed and dispatched to you.
(2) Payments must be made via Payment Express secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched.
(3) The website employs the latest in Secure Sockets Layer technology from the server hosted PxPay2.0. We reserve our right to change our payment system.
(4) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or Payment Express account is fraudulently used or is used in an unauthorised manner.
(5) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
8. SUPPLY AND DELIVERY
(1) Products may not be available for immediate delivery. We will endeavour to deliver your Order to the address you nominate in your Order within ten (10) business days of the date of receipt of the Order. (Delivery times may be greater than 10 business days for regional or remote areas. The delivery address must be an address within New Zealand and cannot be a PO Box.
(2) We will not be responsible for any failure to deliver or delay in delivery caused by third party or any event outside our reasonable control.
(3) All goods are sold subject to availability.
(4) We will contact you by telephone or email to notify you of your delivery period. You will be required to be available in person to accept all deliveries.
(5) If you wish to change the delivery date or delivery address you must let the Customer Service Team know at least 48 hours prior to the dispatch of your Order.
(6) We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes. We will not be responsible for any failure to deliver or delay in delivery caused by any event outside our reasonable control.
(7) You must advise at the time you place your Order via the website, or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as remote rural locations, restricted access, stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(8) Freight Cost will be stated at the time of order.
(9) If you select to collect your goods from an Advance Scaffold branch, the relevant Advance Scaffold branch will contact you by telephone or email to notify you when the Order is available for collection.
(10) Orders for collection at an Advance Scaffold branch must be collected within 21 days of the relevant Advance Scaffold branch giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant store has the right to allocate those goods to another customer and reorder the goods for you.
(11) The person who collects the goods must provide photo identification and present the credit card used for the online transaction.
9. TITLE AND RISK IN GOODS
Title and risk in the products, such as loss and damage, pass to you on delivery.
10. DAMAGED PRODUCTS AND ACCEPTABLE QUALITY
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have: (a) legal rights and remedies under the New Zealand Consumer Guarantees Act 1993 (“CGA”);
or (b) the right to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please refer to our Returns Policy for more information on our policy regarding online orders when you have changed your mind or the product was not what you expected.
(3) If your Order arrives damaged or is not of acceptable quality, please contact the Customer Service Team – 0800 869 377 within 24 hours
(4) In any event the total liability of us whether in tort (including negligence), contract or otherwise for any loss, damage or injury arising directly or indirectly from any defect or damage in or non-compliance of any goods or any other breach of our obligations shall in any case be limited at our option, except where statute expressly requires otherwise, to either the replacement of the goods complained of, or the refund of the purchase price (provided that if we no longer offer identical goods at the time of the claim then we may replace the goods with the closest equivalent offered at that time).
11. LIMITATION OF WARRANTY/LIABILITY
(1) You acknowledge that you must rely upon your own judgment as to the nature, quality and condition of the Goods supplied by us and as to its sufficiency for any use or purpose and you acknowledge that we are under no duty to ascertain the suitability of the Goods for any purpose whatsoever and that no such representation has been made by us.
(2) Except for any express written warranty in these Terms or otherwise provided to you, we provide no other warranty, expressed or implied, including any implied warranty of merchantability or fitness for purpose or otherwise and any warranties expressed or implied by law or statue, in respect of the Goods whether in respect of quality, fitness for intended purpose or otherwise, are excluded to the extent that such law or statutes permits exclusion.
(3) The parties acknowledge and agree that in no event will we or any of our officers, principals, employees, contractors or agents have any liability to you arising out of or in connection with these Terms or the use or performance of any Goods and without limiting the foregoing, the parties agree that we shall not in any case whatsoever be liable for:
(a) Any special, incidental, indirect, punitive or consequential damages, loss of profit, revenue, goodwill, use or the costs of procuring substitute goods.
(b) Damages exceeding, in the aggregate, the value of the particular order.
(c) Damages in respect of any claim made:
More than six months from the date you become aware of the circumstances leading to that claim; or
More than 12 months after the relevant cause of action arise.
(4) Nothing in these Sales Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Sales Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide
any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Sale Terms.
(1) You indemnify us from and against all liabilities, expenses, losses, damages and cost (including legal costs on a full indemnity basis whether incurred by or awarded against a party) including those associated with any third party claim, and whether arising under contract, tort (including negligence) or otherwise shall we or our directors, principals, employees, contractors or agents sustains or incurs (directly or indirectly) arising out of or resulting from:
(a) Any breach of these Terms by you;
(b) Any contravention of applicable laws or regulations by you, including export and import control laws;
(c) Any claim by any third party arising from any act or omission of you in connection with these Terms (whether negligent or not), including:
(i) Your use, marketing, distribution or other activities by you under these terms or otherwise in relation to the Goods, or
(ii) Any misrepresentations, warranty or agreement, express or implied by you with respect to us, the supplier or the manufacturer of or the Goods;
(d) Without limiting clause (b), any negligent, willful, reckless or unlawful act or omission of, or intentional misconduct by you in connection with these Terms; or
(e)Any claim by you, to the extent that such claim is beyond the scope of our liability to you under these Terms.
13. PRIVACY AND PERSONAL INFORMATION
14. WEBSITE DISCLAIMER AND INDEMNITY
(1) To the extent permitted by law, we and our third parties exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; or
(g) the quality or fitness for any purpose of any product or of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, we and our third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
15. FORCE MAJEURE
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.
16. TRANSFER AND ASSIGNMENT
If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
(1) Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.
(2) You may not assign any rights or obligations you may have under these Terms without our prior consents.
(3) If any of these terms or part thereof is held to be invalid, illegal, and unenforceable or void for any reason or reasons, all of the remaining terms (or part thereof) shall remain in full force and effect.
(4) These terms are governed by the laws of New Zealand and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of New Zealand.