1. APPLICATION OF CONDITIONS

 

1.1 These Conditions apply if you are a “consumer” (as that term is defined under the Consumer Guarantees Act 1993) purchasing product(s) from our Website. If you are making a purchase for or on behalf of a business, through a trade account or on behalf of any other entity which we have a contract to supply goods or services to, then our Terms and Conditions of Trade will apply.

1.2 When you place an Order or purchase any Product through our Website, you:

(a) confirm your acceptance of these Conditions and any related policies that may be referred to in these Conditions; and

(b) confirm all information you provide us with is true and correct, and you will update us of any relevant changes to that information.

1.3 Products sold on our Website are intended for domestic use only and are not for commercial use or resale.

1.4 In these Online Terms and Conditions of Sale:

 

“Company”, “we”, “us” or “our” means ASSA ABLOY New Zealand Limited NZBN 9429036762194 .

“Conditions” means these Online Terms and Conditions of Sale.

“CGA” means the Consumer Guarantees Act 1993 (NZ).

“Customer”, “you” or “yours” means you, the Customer.

“GST” means goods and services tax chargeable or imposed under the GST Act.

“GST Act” means the Goods and Service Tax Act 1985 (NZ).

"Order” means an order made by a Customer on our Website to purchase any Product and/or Services.

“Product” or “Products” means products available on our Website.

“Services” means installation and associated services in connection with our Products. For clarity, Services are only available for purchase in connection with an Order for our Products, in metropolitan areas of New Zealand.

“Warranty” means a warranty provided by the Company in respect of certain Goods, as available on the Company’s website.

“Website” means yaleshophome.com/newzealand.

 

2. AVAILABILITY AND SPECIFICATIONS

 

2.1 We do our best to display accurate Product availability information on the Website. However, all Products on the Website are subject to availability.

2.2 Where you request to purchase Services in addition to your Product(s), those are also subject to the availability of our personnel.

2.3 Some Products may be produced in limited quantities and some products may only be available to purchase on the Website and/or instore. Where Products are not immediately available for delivery (such as those on pre-sale and/or backorder) we will display this on the relevant product page. We may change or discontinue Products at any time without any prior notice to you.

2.4 We may change the quantity or availability of products on the Website at any time.

2.5 If you have placed an Order for a Product that is no longer (or becomes) unavailable, we will notify you and:

(a) work with you to amend your Order; or

(b) provide a refund or credit for the Products that are unavailable.

2.6 Subject to clause 8.1, we take reasonable measures to ensure the accuracy of all illustrations and samples included in a Product listing/description on the Site. However, such illustrations and samples are intended as approximate representations only and actual products may vary in detail with regard to finishes, colour, shades, materials, design and other specifications.

 

3. PRICE AND PAYMENT

 

3.1 The Company may vary the Product and Services prices stated on the Website (including shipping costs) from time to time .

3.2 Any Services pricing indicated on our Website is indicative/an estimate only. The cost of installation Services varies depending on the nature of each installation and will be confirmed by our team in accordance with the terms set out at clause 3.5 below.

3.3 Prices stated on the Website are in New Zealand dollars and are inclusive of GST but exclusive of shipping costs (if any).

3.4 Shipping costs are applied at checkout and are additional to the Product and/or Service prices listed on the Website.

3.5 Where an Order is for Product(s) and Services:

(a) the Order details will be sent to our customer services team;

(b) you will receive an email and/or telephone call asking you to provide photo(s) and details of the intended area(s) where the Product(s) will be installed;

(c) our customer services team will review the information and determine the cost for installation Services of the Product(s) and email you with an invoice for the same;

(d) you will then be able to pay for the Product(s) and Services in accordance with the price indicate in the invoice you received.

3.6 Where our customer services team determines in accordance with clause 3.5 that installation of any Product(s) is not suitable/possible at the intended location, they will notify you and suggest any alternatives (if any are available).

3.7 The Company accepts payment by credit card and electronic funds transfer.

3.8 Payment of the full Product and Services price and shipping costs is due at the time you submit an Order. No Order is confirmed until full payment has been received.

3.9 We will send you a confirmation email to your nominated email address once payment has been processed and your Order is confirmed (a Confirmed Order).

3.10 Subject to clause 8.1, Confirmed Orders cannot be cancelled or amended without our consent.

 

4. SHIPPING AND DELIVERY

 

4.1 Shipping is only available within New Zealand. Rural deliveries may incur additional shipping costs.

4.2 Orders are generally dispatched within 1 (one) business day(s) of receiving a Confirmed Order (subject to products listed as not immediately available). However, there may be delays and/or business interruptions outside of our reasonable control. We will notify you by email of any expected delays in dispatch.

4.3 All Orders are delivered by a third-party courier provider. Please contact us here if you have not received your Order within 10 business days. We will work with you to investigate delays by courier services but please bear in mind that these are largely outside of our control.

4.4 Delivery is complete once your Order (or part order if delivery will be made in parts) is delivered at the address specified in your Order.

4.5 Please let our customer service team know here  as soon as possible if you think there has been any damage to Product(s) during transit, if you think you have received the incorrect Product(s), or if you have any other queries in relation to your Order.

4.6 Risk in the Products and all insurance responsibility for theft, damage or otherwise in respect of the Products passes to the Customer upon delivery. The Company shall not be responsible for any loss or damage to Products once they have been delivered to the Customer.

4.7 The Company reserves the right to make delivery in instalments.

 

5. SHORTAGES/DEFICIENCIES

 

5.1 Any claim by the Customer that the Company has supplied:

(a) incorrect Product;

(b) damaged or faulty Product; or

(c) the incorrect quantity of Product(s),

must be made in writing and received by the Company within 10 days of the date of the relevant delivery. Subject to clause 8.1, any claim by the Customer that is not brought in accordance with this Clause 9.1 shall, to the maximum extent permitted by law, be deemed waived by the Customer.

5.2 Any such claims must be made in writing to the Company and refer to the relevant Invoice .

 

6. INSTALLATION AND USE

 

6.1 Where a Customer has purchased Services in addition to any Product, those Services will be conducted in accordance with the Company’s Lock Installation Terms of Service. In all other instances, the Company is not engaged to, and does agree to complete the installation and/or fitting of Product(s).

6.2 Where the authorised agents, representatives, or employees of the Company do not install or fit Products, it is the Customer’s responsibility to ensure the proper installation of the Products in accordance with any instructions. Subject to clause 8.1, he Company limits its liability in respect of any improper installation or fitting of Products, or the use of such improperly installed or fitted Products (by the Customer or any third party), in accordance with Clause 6.4, below.

6.3 If the Company or its authorised agents, representatives or employees provide the Customer with any instructions, directions or specifications relating to the use of Goods (whether written or verbal), then the Company recommends that those Goods be used by the Customer (or any third party) only in accordance with or pursuant to those instructions, directions, or specifications. Where the Customer (or any third party) uses Goods abnormally or other than in accordance with the Company’s instructions, directions, or specifications, subject to clause 8.1, the Company may not be liable for any faults, defects or damage, and limits its liability in accordance with Clause 6.4, below.

6.4 Subject to clause 8.1To extent permitted by law, the Company shall not be responsible or liable for any liability, whether in contract, tort or otherwise, for any injury, damage or loss howsoever arising in any way in connection with or resulting from the matters contemplated by this clause 6, above, by the Customer or any third party, including (without limitation) direct, indirect, special or Consequential Loss or damage arising from claims by the Customer, third parties or otherwise, and the Customer shall indemnify and keep the Company fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which may be

made or brought against or suffered or incurred by the Company arising out of or in connection with or in any way as a result of the same.

 

7. POTENTIALLY DEFECTIVE GOODS PROCEDURE

 

7.1 If the Customer believes that any Goods or Services received are defective and/or the subject of a claim under any Warranty provided by the Company, the Customer will give the Company prompt notice of such belief before attempting to repair, replace or remove the Goods or attempting to re-effect or resupply the Services. Upon receiving such notice, the parties shall use reasonable endeavours to discuss how the issue may be assessed.

7.2 The matter will then be managed in accordance with the returned Products terms set out at clauses 8 and 9 below.

7.3 Where:

(a) the Company attends any premises to inspect any claimed defect; and

(b) there is no legal obligation on the Company to repair, replace, or resupply the Goods or Services; then

(c) the Customer will, upon demand, pay the Company an amount equal to the costs incurred by the Company in making the said attendance.

7.4 Any Customer claims or queries regarding Services should be dealt with in accordance with our Lock Installation Terms of Service.

 

8. ‘CHANGE OF MIND’ RETURNS

 

8.1 Nothing in these Conditions limits any consumer rights or remedies you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 (CGA).

8.2 In addition to your rights under the CGA, new, uninstalled and unused (non-customised) Products may be returned within 14 days of delivery. Returns under Warranties (where applicable) are dealt with under clause 9 below.

8.3 To be eligible for return pursuant to clause 8.2, Products must:

(a) be unopened (with all original packaging intact), undamaged and in resale condition; and

(b) be returned to our Head Office at the address below within 14 days of delivery to:

ASSA ABLOY New Zealand

5a Armstrong Road

Rosedale

Auckland

0632

;and

(c) include the original, or a legible copy of the Customer’s receipt for the relevant purchase, and note the Goods Return Number for the return on the outside of the return package (as specified below).

8.4 Where you have initiated a product return under clause 8.2, please notify us by email us here with a copy of your Order number and the Product(s) you have returned. The Company will issue a Case Number in respect of your return which must be noted on the outside of your return package.

8.5 Unless the CGA applies, you are responsible for all return shipping costs. Please package Products appropriately and use a reputable courier or post provider. Returned Product(s) are at your risk until they are in our possession at Head Office. We do not accept responsibility for any lost, damaged, or misplaced returns.

8.6 All Products returned under clause 8.2 will be checked and reviewed by a product manager prior to any refund being approved.

8.7 If we have approved a refund for a Product returned under clause 8.2, we will notify you by email and process your refund via the payment method used to purchase the product. For the avoidance of doubt:

(a) If the transaction was made via credit card, any refund will be processed onto the same card; and

(b) If the transaction was made via EFTPOS, refunds will be paid into a nominated New Zealand bank account.

8.8 Any refunded amount will be for the purchase price paid for the Product(s), excluding any shipping or delivery costs (unless the CGA applies in which case we will refund your shipping costs).

8.9 To the extent permitted by law, the Company will not accept the return of any Products which have been altered, installed, or fitted in any way, unless the CGA applies or the Products are otherwise the subject of a Warranty provided by the Company.

 

9. WARRANTY CLAIMS

 

9.1 Where the Product(s) you have purchased have an applicable Warranty, the terms of that Warranty will apply in addition to the rights and remedies set out in these Conditions and your consumer rights under the CGA. 9.2 The Company’s Warranties can be found here: Warranties and Guarantees - ASSA ABLOY Opening Solutions New Zealand.

9.3 All Warranty claims must be made (and will be processed and handled) in accordance with the terms set out under the applicable Warranty. You may be asked to demonstrate proof of purchase to make a Warranty claim.

 

10. LIMITATION OF LIABILITY

 

10.1 Unless the CGA applies, the Company’s liability to any Customer (if any) for any supply of Product(s) and/or Services will not in any event exceed the amount paid by the Customer for the relevant Order.

10.2 Unless the CGA applies, the Company shall not be liable for any damage or loss whatsoever arising in connection with the improper installation or fitting of Products by

any Customer or a third party, or the use of such improperly installed or fitted Products, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the improper installation or fitting of Products or the use of such improperly installed or fitted Products.

 

11. PROMOTIONS

 

11.1 We may offer Product promotions or other marketing activities at certain times (a Promotion).

11.2 Where we are running a Promotion, any special terms or conditions in relation to that Promotion as published on the Website or elsewhere will apply in addition to these Conditions.

 

12. INTELLECTUAL PROPERTY

 

12.1 The Customer acknowledges and agrees that all intellectual property rights in Products (including all trade marks, patents, copyright, logos and branding) are owned by or licensed to the Company. Customers do not acquire any rights in or to the Company’s intellectual property rights by purchasing any Products and/or Services.

 

13. PRIVACY

 

13.1 The Company will comply with all our obligations under the Privacy Act 2020 when dealing with personal information that you provide to us.

13.2 All personal information is managed by the Company in accordance with its Privacy Policy.

13.3 If a Customer consents, we may send electronic marketing communications regarding Company Products or the Company.

 

14. CONTACT AND DISPUTES

 

14.1 If you have a claim, query or dispute, please contact the Company in the first instance and we will work with you to respond and/or find an outcome/resolution in response.

14.2 If a dispute arises in connection with these Conditions which cannot be resolved between the Company and Customer, the parties agree to attend mediation to attempt to resolve the dispute prior to commencing any legal proceedings (other than for urgent interlocutory relief).

 

15. MISCELLANEOUS

 

15.1 The Company reserves the right to refuse and/or decline to accept any Order, or cancel any Order, where it reasonably considers that a Customer has either not complied with, or is in breach of, these Conditions.

15.2 For the purposes of Part 4 of the Contract and Commercial Law Act 2017, the Customer agrees to be bound by any agreement with the Company reached through electronic means.

15.3 All Products sold through the Website in accordance with these Conditions are not intended for re-sale and, to the extent permitted by law, we exclude all liability in respect of any re-sale of Products by any Customer or on a Customer’s behalf.

15.4 If any provision of these Conditions is held to be invalid or unenforceable, that provision will be severed, and all other parts of these Conditions will remain in full force.

15.5 These Conditions may be subject to variation by the Company from time to time.

15.6 References to any document or other terms (including these Conditions) are references to those documents/terms as varied, amended, consolidated, supplemented, novated or replaced from time to time.

15.7 References to any law are references to that law as amended, consolidated, supplemented or replaced from time to time.

15.8 The failure of the Company to enforce or exercise at any time or for any period of time any term of any contract incorporating these Conditions shall not constitute or be construed as a waiver of such term and shall in no way affect the Company’s right thereafter to enforce or exercise same. These Conditions and the Website are governed by and construed in accordance with New Zealand law, and Customers hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the New Zealand courts.

15.9 Failure or delay by the Company to enforce or exercise any right, power, discretion, and/or remedy pursuant to these Conditions shall not operate as, or be construed as, a waiver of any such right, power, discretion and/or remedy.

15.10 By accepting these Conditions, the Customer also accepts and agrees to be bound by the privacy policy of the Company (as varied from time to time).