These terms and conditions regulate the business relationship between Top Furniture NZ Ltd (us) and you. By using Our Top Furniture NZ Ltd Web Site(s) (to include any/all other Top Furniture NZ Ltd Web Site(s) which are wholly operated by Top Furniture NZ Ltd, that refer to or support or link to Top Furniture NZ Ltd), in any way, or by buying from us, you agree to be bound by them. This is with exception of all other 3rd party Web Site(s) over which we have no control

The terms and conditions of Top Furniture NZ Ltd are as follows:

1 Definitions (In this agreement):

"Carrier" means any person or business contracted by Top Furniture NZ Ltd to carry Goods from Top Furniture NZ Ltd to you, whether all or part of the distance either within New Zealand or abroad/overseas.

"Our Top Furniture NZ Ltd Web Site(s)” means the entire computing hardware and software installation that is or supports Our Top Furniture NZ Ltd Web Site(s), along with any/all other Top Furniture NZ Ltd Web Site(s), that are wholly operated by us. This does not include any 3rd Party or independent Web Sites, which we have no power or control over.

"Goods" means any of the Goods Top Furniture NZ Ltd offer for sale on our Top Furniture NZ Ltd or other Web Site(s).

"Content" means information in any form published on Our Top Furniture NZ Ltd Web Site(s) by us or any third party with our consent.

2 Our contract with you

2.1 These terms and conditions apply:

2.1.1 So far as the context allows, to you as a visitor to Our Top Furniture NZ Ltd Web Site(s); and

2.1.2 In any event to you as a buyer or prospective buyer of our Goods.

2.2 Your eligibility to place an order on this website:

2.2.1 To purchase any goods from this or any other Top Furniture NZ Website you must:

Always provide your real name, contact phone numbers, e-mail address, payment details and other requested information. Failure to do so, will mean that Top Furniture NZ will not accept responsibility for your order in the event of a claim. You also need to be aware that PO boxes, hotels and other temporary accommodation addresses are not acceptable.

2.3 Goods advertised may not be available at the time you wish to purchase, even if advertised on our Top Furniture NZ Ltd Web Site(s)..

2.4 Top Furniture NZ Ltd shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when your order will be ready for despatch. It is at this stage that the/our contract will be made. It is possible that the price may have increased from that posted on our Top Furniture NZ Ltd Web Site(s) when you make your purchase. It is therefore your responsibility to ensure that the price you are expected to pay is exactly what you expected..

2.5 Top Furniture NZ Ltd may need to change these terms from time to time. The terms that apply to you the customer, are those posted here on Our Top Furniture NZ Ltd Web Site(s) on the day you order your Goods from Top Furniture NZ Ltd.

2.6 All descriptions, weights and sizes of Goods are those of the original manufacturers as supplied to us by them. You should not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement. If you require satisfying yourself of any aspect of description, weight and size of any goods, please contact us directly.

2.7 If Top Furniture NZ Ltd do not have the Goods you order in stock, Top Furniture NZ Ltd will endeavour to offer you reasonable alternatives (whether in stock or not) , prior to despatching your order. If this happens you may:

2.7.1 Decide to accept the alternatives Top Furniture NZ Ltd offer you;

2.7.2 Decide to cancel your order with us;

2.7.3 Decide to leave the order valid, but tell us to omit the out-of-stock item.

2.7.4 In any event, if there is a price difference see 2.7

2.8 If Top Furniture NZ Ltd owe you money (for the above or any other reason), Top Furniture NZ Ltd will credit your credit or debit card or bank account as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

2.9 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.

2.9.1 It is your responsibility to request carrier/freight insurance if you require it

3 Pricing and Payment to Top furniture NZ Ltd

3.1 The full price of your order must be paid to us before Top Furniture NZ Ltd will send any part of it to you.

3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand Dollars will be borne by you.

3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time. Top Furniture NZ Ltd recommends that you check all exchange rates yoursel

3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

4 Information you give us

4.1 Top Furniture NZ Ltd will take all reasonable steps to protect your personal details. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.

4.2 When dealing with us, you will be asked for certain personal details. Top Furniture NZ Ltd agrees to never disclose any personal information (as supplied by you) to any 3rd Party outside Top Furniture NZ Ltd.

4.3 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself and the delivery address. Top Furniture NZ Ltd require this information to ensure that the Goods arrive with you at the correct destination..

4.4 Top Furniture NZ Ltd accepts no responsibility for goods if you do not provide us with accurate updated information as required.

4.5 Top Furniture NZ Ltd will use our reasonable endeavours to respond to any point of dissatisfaction provided by you, as long as you contact us within three months from the date of purchase. The date of purchase is hereby defined as the date your complete payment is received..

4.6 You should be aware that in the interest of the prevention of Credit Card Fraud, Top Furniture NZ Ltd, at it’s own discretion may not agree to deliver goods to an address which is different than that listed as the credit card holders address (if the card holder is making payment).

5 Deliveries

5.1 Deliveries will be made by the Carrier to the address stipulated in your order. It is your responsibility to ensure that someone is present at the delivery address supplied to us to accept delivery of the goods.

5.2 If for some reason, Top Furniture NZ Ltd, and or its carrier are not able to deliver your Goods within 30 days of the date of your order, Top Furniture NZ Ltd shall notify you by e-mail to arrange another date for delivery.

5.3 Top Furniture NZ Ltd may deliver the goods in instalments if the goods are not all available at the same time for delivery. Should this happen, then Top Furniture NZ Ltd will make you aware of this at the earliest possible time.

6 Duties, Taxes and Import restrictions

6.1 Top Furniture NZ Ltd have no knowledge of, and no responsibility for, the laws and regulations in your country of residence.

6.2 You are fully responsible for purchasing all Goods which you are lawfully able to import and for the payment of import duties and all taxes and levies of any kind levied in your country of residence.

7 Goods returned to Top Furniture NZ Ltd

Should you wish to cancel your order you must let us know at least 3 working days before your planned delivery date otherwise it may have already been dispatched and therefore incur a failed delivery fee.

If you are buying the Goods by mail order, you may have a right of cancellation. If you do (and only if you do), then the following terms will apply:

7.1 You must tell us you wish to cancel your order within 7 days of your receipt of the Goods;

7.2 In any event, you may not cancel handmade or specially commissioned or personalised goods that you have specifically requested.

7.3 The Returned Goods must be returned to us within 7 days of your telling us you wish to cancel. We will ask for/require evidence of contact so please ensure you ‘DO’ tell us.:

7.3.1 Goods and all packaging must be in their original condition;

7.3.2 Goods must be securely wrapped;

7.3.3 Goods must include our original delivery slip;

7.3.4 Goods will only be accepted by us at your risk and cost.

7.4 After Top Furniture NZ Ltd have received the Goods, Top Furniture NZ Ltd will credit your credit or debit card with the full purchase price of the goods returned excluding the original delivery charge no later than 30 days from the date of receipt;

7.5 If you do not return the Goods to us, you are still liable to us for the cost.

7.6 Top Furniture NZ Ltd are under no obligation to collect or recover Goods from you, but if Top Furniture NZ Ltd do, our costs will be payable by you unless stated and already agreed otherwise by Top Furniture Ltd.

8 Disclaimers

8.1 Top Furniture NZ Ltd or our Content suppliers may make improvements or changes to Our Top Furniture NZ Ltd Web Site(s), the Web Site(s) Content, or to any of the Goods, at any time and without advance notice. This may include improvements to any of the goods supplied to Top Furniture NZ Ltd by our manufacturers, who in their opinion (the manufacturers) are seeking to improve the overall product/goods.

8.2 You are advised that Content may include technical inaccuracies or typographical errors. We will however, endeavour to be as accurate as we can.

8.3 Top Furniture NZ Ltd gives no warranty and make no representation, express or implied, as to:

8.3.1 The adequacy or appropriateness of the Goods for your purpose.

8.3.2 The truth of any information given on Our Top Furniture NZ Ltd Web Site(s);

8.3.3 Any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;

8.3.4 Compatibility of Our Top Furniture NZ Ltd Web Site(s) with your equipment software or telecommunications connections.

8.3.5 Compliance with any law;

8.3.6 Non-infringement of any right.

8.4 Our Top Furniture NZ Ltd Web Site(s) may contain links (forward/back) to other Internet Top Furniture NZ Ltd Web Site(s). Top Furniture NZ also may have links to other independent Web Sites, which we have neither power nor control over. You acknowledge and agree that Top Furniture NZ Ltd shall not be liable in any way for the Content of any such linked 3rd Party or independently owned Web Sites, nor for any loss or damage arising from your use of any such 3rd Party or independently owned Web Sites.

8.5 Top Furniture NZ Ltd are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Top Furniture NZ Ltd Web Site(s) or the purchase of Goods.

8.6 In any claim you may make against Top Furniture NZ Ltd, our liability is strictly limited to the value of the goods you have purchased in the contract which is the subject of the dispute. We accept no liability over any other costs.

9 Content and Intellectual Property Rights

9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. Top Furniture NZ Ltd will strongly protect its rights in New Zealand and all other countries.

9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

9.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

10 System Security

10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;

10.2 Information contained on the Top Furniture Web Site(s) may include links to other web sites. The other sites are not under the control of Top Furniture NZ Ltd and are not responsible for the information contained in the other Web Sites. Top Furniture NZ Ltd has included the links only as a convenience to you. Top Furniture NZ Ltd does not endorse any other site, or product or service offered by any other site, for which it has provided a link, unless otherwise stated.

10.3 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Top Furniture NZ Ltd Web Site(s), or any software used on Our Top Furniture NZ Ltd Web Site(s), and that you will not permit any other person to do so.

10.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

10.5 Some Examples of violations are:

10.5.1 Accessing data unlawfully or without appropriate given consent;

10.5.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

10.5.3 Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

10.5.4 Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

10.5.5 Taking any action in order to obtain Goods to which you are not entitled.

10.6 You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:

10.6.1 Any violation of system security as set out above;

10.6.2 Your use of Our Top Furniture NZ Ltd Web Site(s);

10.6.3 Any other breach or violation of this agreement by you;

10.6.4 The infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

11 Indemnities

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Top Furniture NZ Ltd Web Site(s), or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

12 Contractual Limitations

Where Top Furniture NZ Ltd provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.

13 Rights of third parties

Nothing in this agreement or on our Top Furniture NZ Ltd Web Site(s) shall confer on any third party any benefit under the provisions of any Contracts Rights.

14 Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15 A No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

16 Resolutions of Disputes

In the event of a dispute arising out of or in connection with these terms or any contract between Top Furniture NZ Ltd (us) and you, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. Top Furniture NZ Ltd will always endeavour to be fair and honourable in such circumstance.

17 Force Majeure

Top Furniture NZ Ltd are not liable for any breach of our obligations resulting from causes beyond our reasonable control if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond reasonable control. including strikes of our own employees.

18 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of New Zealand. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

19. Top Furniture NZ continually strives to offer excellent value for money by way of selling individual products and 'Set Deals'. These deals fluctuate often. As such it is always possible for us to accidentally write or quote an incorrect price. On the rare occasion that we make a genuine error on pricing, we always retain the absolute right to change the price to the correct price as per Top Furniture NZ price list and NOT honour a misquoted price. This condition is to protect Top Furniture NZ in the event that we make a genuine mistake on a quote.

If you have any questions regarding Top Furniture NZ’s Terms and Conditions, then please contact us at web@topfurniture.co.nz

Our Terms and Conditions are designed to protect both you, as the buyer and ourselves as the seller.

We welcome any feedback on our Terms and Conditions.

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