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Terms of Trade

THE LIVING GALLERY LIMITED TERMS AND CONDITIONS

This page of the Living Gallery website together with all the documents referred to on it contains the terms and conditions upon which Living Gallery Limited will supply to its Customers the Products referred to on the website www.livinggallery.co.nz.  Any Products ordered by you through the website will be governed by these terms and conditions.  You must signify your agreement to these terms and conditions by ticking the relevant box in the shopping cart.  If you fail to do so, then you will not be able to order any Products from Living Gallery.  
 
1

1.1
GENERAL

Definitions:  The following definitions will apply in these Terms and Conditions unless the context otherwise requires:
 
Customer or you means a person purchasing Products through the Website.
 
Living Gallery or we means The Living Gallery Limited.
 
Living Gallery Intellectual Property means all Living Gallery’s intellectual property rights including trademarks, copyright in the Website and other material, patents and designs.
 
Order means an order for Products placed by a Customer through the Website in accordance with these Terms.
 
Privacy Policy means the Living Gallery Privacy Policy appearing on the Website from time to time.
 
Products means the products for sale over the Website.
 
Website means the website www.livinggallery.co.nz
1.2
Terms Paramount: These Terms take precedence over any other terms specified by you.
1.3
Discretion to accept orders:  Living Gallery has the absolute discretion as to whether an Order is accepted and fulfilled.  Living Gallery may cancel an Order for any reason whatsoever.
1.4
Access costs:  You will be responsible for any costs incurred in using the Website including any charges imposed by an internet service provider.
1.5
Suspension or termination:  Living Gallery may at its absolute discretion suspend or terminate the ability of any Customer to purchase Products from Living Gallery through the Website for any reason whatsoever.
1.6
Trading Hours:  The Website will be operational 24 hours a day (subject to any shutdown period required for regular maintenance or to events beyond the reasonable control of Living Gallery.  Deliveries of Orders will be made between the hours of 8am and 6pm Monday to Friday.
1.7
Territory:  Living Gallery operates only in New Zealand and Australia.  Living Gallery will not accept any orders for delivery of goods to Customers residing outside Australasia except by special arrangement.  
1.8
Unauthorised Access:  Living Gallery will use its reasonable endeavours to prevent any unauthorised entry to or use of the Website.  However, Living Gallery will not be liable for any direct or indirect damage or loss whatsoever suffered or incurred by a Customer if any third party does gain unauthorised access.
1.9
Site Content:  Living Gallery does not warrant the accuracy, adequacy or completeness of information contained in the Website and Living Gallery will not be responsible or liable for any error or omission contained in the information on the Living Gallery website.
1.10
Use of Website:  You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms.  You may download the information on the Website for your own personal use but you must not alter, modify, reproduce, transmit or distribute such information without Living Gallery's prior written consent.  You must not interfere with the Website whether by introduction of a virus or any other means.
1.11
System Integrity:  The Website may from time to time experience down time due to scheduled maintenance or site repairs.  Living Gallery takes no responsibility for any system unavailability or for any loss that is incurred as a result of the Website or the services provided by Living Gallery being unavailable.
1.12
Variation of Terms:  Living Gallery may revise and amend these terms and conditions from time to time.  The Customer will be subject to the terms and conditions in force at the time that an Order is placed.
1.13
Recommendations:  The Website includes product and services endorsements from Living Gallery customers and contacts.  The endorsements are not the opinion of Living Gallery and Customers must select Products and service providers based on their own judgment and assessment of the products and service providers in question.  Living Gallery will have no responsibility or liability for any loss or damage suffered or incurred by any person relying on such endorsement.

2
2.1
Placing an order:  If you place an order with Living Gallery through the Website it will constitute an offer to buy from Living Gallery the Products referred to in the Order at the price advised by Living Gallery and otherwise on the basis of these Terms.  If Living Gallery accepts the Order by confirming to you that the Products have been ordered then a contract will be formed between Living Gallery and the Customer.
2.2
Pricing:  The price payable for Products and each Order will be displayed on the Website at the time that an Order is submitted.
2.3
Currency:  All prices specified on the Website are in New Zealand dollars.  All Orders must be paid for in New Zealand dollars.
2.4
GST:  The prices stated on the Website will be inclusive of Goods and Services Tax.
2.5
Delivery Fee:  In addition to the price for Products ordered, you must pay a delivery fee for the costs associated with delivering the Order.

3

DELIVERY
3.1
Time of Delivery:  Delivery will be made as soon as is practicable following receipt of an Order.  If a Product is in stock delivery will usually be made within 7 days.  If a Product is out of stock we will contact you on receipt of your Order to advise the anticipated delivery date.
3.2
Delivery address:  Living Gallery will procure that each Order is delivered to the Customer in accordance with the instructions contained on the Order form.
3.3
Access:  You must specify a delivery address which is able to be readily accessed by Living Gallery's courier.  In the event that you fail to provide a reasonable point of access for delivery, Living Gallery will not be responsible for any loss suffered by you.
3.4
Delays:  Living Gallery will not be liable for any loss suffered by you as a result of any delayed delivery of an Order if the delay is as a result of causes beyond the reasonable control of Living Gallery.

4
4.1
Payment:  Payment for each Order must be made by credit card over the Website.
4.2
Credit card declinature:  If a proposed payment on a Customer's credit card is declined the Order will be deemed not to have been accepted and delivery of the Order will not be made.
4.3
Payment Card Data:    The Website uses SSL.  All payments will be processed by a secure payment card industry compliant third party processor. The Living Gallery does not store credit card details.

5

OWNERSHIP
5.1
Risk:  Property and risk in Products ordered by a Customer will pass from Living Gallery to the Customer upon delivery in accordance with these Terms.
5.2
Ownership:  In the event that Products are delivered but have not been paid for ownership of the Products will remain with Living Gallery until payment has been made in full.
5.3
Security Interest in the Goods:  You grant to us a security interest in any Products purchased by you from us, and the proceeds of such Products, as security for all amounts owing to us in respect of any Products and from any other cause whatsoever. 
5.4
Exclusions of PPSA Rights and Obligations:  Nothing in sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA will apply.  The rights set out in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the Personal Properties Security Act 1999  shall not apply.

6.

QUALITY OF PRODUCTS
6.1
Warranty:  Living Gallery hereby warrants that Products supplied to you will be of merchantable quality and fit for purpose.  If on Delivery to you any Products fail to meet this standard they may be replaced or the purchase price refunded at our option.
6.2
Other warranties excluded:  Except as specifically warranted in these terms and conditions or as implied by law, all other warranties, guarantees and representations which may be implied by law are hereby expressly excluded to the fullest extent permitted by law.
6.3
Consumer Guarantees Act:  If you are a consumer of the Products then we will meet our obligations under the Consumer Guarantees Act 1993.  You acknowledge that if Products are ordered for business purposes then the provisions of the Consumer Guarantees Act 1993 will not apply to any such Order.

7

LIABILITY
7.1
Maximum liability:  The maximum liability of Living Gallery to the Customer in respect of any defective Products is an amount equal to the price paid by the Customer for the relevant Product.
7.2
Indirect and consequential loss:   Notwithstanding any other provision contained in these Terms Living Gallery will not be liable for any indirect or consequential loss or damage suffered or incurred by the Customer arising from or in relation to Products supplied pursuant to these Terms.

8

INTELLECTUAL PROPERTY
8.1
The customer acknowledges all Living Gallery Intellectual Property is the sole property of Living Gallery.  The Customer may access the Website for the purpose of placing Orders for Products but will not have any other right or licence in relation to the Living Gallery Intellectual Property.

9

PRIVACY 
9.1
Living Gallery will collect personal information in relation to each Customer for the purpose of accepting and fulfilling Orders.  Living Gallery will deal with that personal information in accordance with the Living Gallery Privacy Policy.

10

FORCE MAJEURE
10.1
Living Gallery will be relieved of its obligations under these Terms in the event that it is prevented from performing those obligations by any event beyond its reasonable control including fire, accident, act of God, natural disaster, change of law, strikes, labour disputes and Products becoming unavailable.

11
11.1 We apologise if you have received a product that is faulty, or if you have received the wrong product. You are welcome to an exchange or refund.  Please email info@livinggallery.co.nz or contact Lisa on +64 21 361 685 Monday – Friday 8.00am – 6pm to arrange this. Make sure you have your order details handy.

12
12.1 For a product to be returned under our policy, that product must be in a resalable condition unless faulty or otherwise defective. It’s this policy that provides you peace of mind while shopping at The Living Gallery. Please email info@livinggallery.co.nz or contact Lisa on +64 21 361 685 Monday – Friday 8.00am – 6pm to arrange this. Make sure you have your order details handy.

13

CANCELLATIONS
13.1 Orders are processed daily (Monday-Saturday) so if you need to cancel an order, please contact us ASAP. You can either email us the cancellation notice or call us. Please email info@livinggallery.co.nz or contact Lisa on +64 21 361 685 Monday – Friday 8.00am – 6pm to arrange this. Make sure you have your order details handy.
 

 

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