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Terms And Conditions Of Sale

The following terms and conditions apply to all transactions on The Spabath Online Bathroom Shop. The use of this site indicates your acceptance of these terms and conditions. The placement of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.

General

These terms and conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age and accept delivery within New Zealand. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.

Description of Goods

All the products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. All specifications given to the Customer are approximate and intended as a guide only. The Company does not accept responsibility for any preparation work based on such specifications.

Accuracy of Product Information

All product specifications, images and other information published on our website have either been made accessible by suppliers, manufacturer's, publications, publicists, or been gathered from public-domain sources. The intention of The Spabath Online Bathroom Shop is that all information on the website should be as accurate and up to date as possible. However, The Spabath Online Bathroom Shop cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual.

Payment and Price

The total price payable for the goods will be stipulated at the time when you place your order whether or not the order has been confirmed. We are entitled to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. If there are changes, we will inform you of the correct price and give you the opportunity to cancel the order. All prices on our website are inclusive of GST, but some are exclusive of delivery charges which will be payable as indicated at the time of placing your order. Orders are not binding upon Spa Bath Online Bathrooms until accepted by us. Spa Bath Online Bathrooms retains the right to cancel any outstanding order at any time, for any reason. If SpaBath Online Bathrooms cancels an order, they will refund any deposit or monies paid, and will not be liable for any we shall not be liable for any losses, costs, damages, charges, or expenses caused by such cancellation. We remain the owner of all products until you have paid all amounts owing on all products including any applicable storage and transportation costs. SpaBath Online Bathrooms will not accept refund applications

Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed.

Payment Methods

On placing your order, you will be e-mailed with our company’s trading bank account number, to which you can make payment. On the order you must provide us with your exact billing address and telephone number. Incorrect information will cause a delay in processing your order.

Availability of Goods

All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods. Most of our popular lines are available ex-stock or on short order, so can be shipped out to you within 1-2 working days, but if you need something custom-made, or have a package deal, it may be between 5-8 weeks, please specify the date you require your goods on your order so that we can get the goods to you when you need them.

Delivery Charges

All prices on our website are exclusive of delivery charges which will be added to the price of the products at our checkout, or in subsequent offer and acceptance. We regularly freight bathroomware throughout both the North and South Islands of New Zealand, and can also arrange freight to the Islands of the Pacific. Freight is available on request, at a subsidized cost. Please inquire about delivery or freight charges to your area for the product(s) which you are interested in. Discounted freight is available for larger orders.

Delivery Times

Delivery of most items will normally be made as soon as possible from clearance of payment. If stock is available, this can be 1-2 days, however some items may take longer. We will endeavor to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If we or our suppliers are temporarily out of stock, we will notify you of this position and you should allow up to 7 days for dispatch of the goods from our warehouse in Auckland to your site.

Risk

As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery. If not inspecting goods straight away, please note on subject to inspection STI when signing.

Time Limitation for Notification of Claims

Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and it will be your responsibility to inform us within 72 hours from delivery.

Shortages: It is your responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 10 days from delivery.

In-Correct Goods: It is your responsibility to notify us of any in-correct goods supplied within 7 days from delivery.

Non-Deliveries: We will not accept liability for goods lost in transit unless we are notified within 10 days from the expected delivery date.

If goods returned under this clause are found to be perfect and in full working order, these will be returned to you and an administration fee of 15% of the price of the goods along with the cost of carriage will be charged.

Product Guarantees

Spa Bath Online Bathrooms gives no express guarantees unless they are in writing. Unless the goods are acquired for business purposes, we will repair or replace any goods which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993. Nothing on this site is to be construed as a recommendation to use any particular product. A longer manufacturer's warranty applies to some products, the nature of which will be specified on your warranty card. This guarantee specifically excludes faults caused by over-use, normal wear and tear, accident, neglect, and misuse. In addition routine maintenance, if needed, is not covered. THE FULL COST OF THE SERVICE CALL WILL BE CHARGED, IF OUR REPRESENTATIVES FIND NO FAULT WITH YOUR PRODUCT. This does not affect any statutory rights that you may have. No other warranties either express or implied by law are made with respect to these goods.

Other

You will own the goods once we have received your payment in full. We will issue you with an electronic invoice with our bank account details for payment, and will send the hard-copy to you with the goods once we have dispatched the goods to you. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. These terms and conditions are subject to change at any time without prior notice to you.

Business Warranties and Claims

The Customer acknowledges that supply under this contract is a supply for business purposes in terms of sections 2 and 43 of the Consumer Guarantees Act 1993 ("Act") and accordingly, subject to clause 16 the provisions of the Act do not apply to any supply made pursuant to this contract. The Customer agrees and acknowledges that in no event will SpaBath Online Bathrooms be liable for any property damage, personal injury, direct or consequential loss or damage incurred by the Customer or a third party whether due to defective goods and/or as a result of negligence or otherwise by us or our servants or agents and in any event the liability of SpaBath Online Bathrooms will not exceed the purchase price paid by the Customer for the goods. When the Customer onsells the goods to customers who purchase the same for business purposes the Customer shall contract out of the Act in same manner as per clause 12.1 above. Should the Customer fail to do this the Customer will indemnify SpaBath Online Bathrooms against any claim expense or loss suffered by the Seller as a direct or indirect consequence of such failure. Claims in respect of defective goods must be notified within 3 days of receipt of goods and be returned within 7 days following delivery. The Customer shall have no claim with regard to goods that have already been processed, altered or in any way utilised by the Customer. No claim shall entitle the Customer to withhold payment of any sum due to SpaBath Online Bathrooms under this or any other contract nor shall a claim give any right to set off any payment due to the Customer by us.

Force Majeure

Without limiting any other provisions of the contract, neither Spa Bath Online Bathrooms nor the Customer shall be liable for any delay or failure in the performance of any obligation or the exercise of any right under the contract or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a force majeure event. Nothing in this clause shall excuse payment of any money due or which becomes due under the contract.

The rights and obligations of either party which are affected by a force majeure event shall be suspended during the continuance of the force majeure event, and either party claiming to be affected by the force majeure event shall give immediate notice to the other party containing full particulars of the force majeure event. The party giving notice under this clause shall take all reasonable steps to mitigate the effects of the force majeure event and remove such force majeure event provided that neither party shall be required to remove any such force majeure event if to do so would require it contrary to its judgement to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.

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