Terms & Conditions
2. Your Legal Rights
3. Pricing and Taxes
4. Your Account
6. After You Have Submitted an Order / Payment
7. Cancellation of Orders
8. Availability of Goods / Refurbished Stock
10. Delay in Availability or Delivery of Goods
11. Refunds of your Money
12. Returns / Faulty or Damaged Goods
13. More information about 4 Seasons’ liability and you
These Terms and Conditions constitute a legally binding contract between the customer (“you” & “your”) and Retail Links Ltd, trading as 4 Seasons BBQ SPA HEAT PATIO, (“4 Seasons”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) and services from 4seasons.co.nz or, if purchased from a physical store, the contract is between the customer and the legal entity stated on your sales order or invoice. By placing an order for goods and services from 4 Seasons you agree to these Terms and Conditions.
For the purposes of s.28B of the Fair Trading Act 1986, 4 Seasons is a “person in trade”.
Please read the following Terms and Conditions carefully before placing your order online or in store. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Delivery Charge” has the meaning given in Section 3.3;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Order” means an order for Goods, placed on the Website or in a physical store;
“Password” means the password needed to access your Account;
“Website” means 4seasons.co.nz
“firstname.lastname@example.org” is referenced as the contact for products purchased via the 4 Seasons website. If purchasing in store, please use your local store’s contact details as per quote, invoice or as obtained from 4 Seasons website contact page.
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Consumer Guarantees Act) which cannot by law be excluded, restricted or modified.
This document represents our Terms and Conditions as at November 2017.
3. PRICING & TAXES
3.1 Prices for Goods are as shown on the website, in New Zealand dollars inclusive of GST and all products are available to customers resident in New Zealand only.
3.2 4 Seasons reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order via 4seasons.co.nz will continue to apply to you even if the price changes before your Order is accepted by 4 Seasons.
3.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge,
(“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where normal freight charges are not applicable or where light aircraft or barge transport is required or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). If you believe that you might live in such an area, you can email Customer Service via email@example.com for more information. 4 Seasons reserves the right to reject any order that requires an Additional Delivery Charge to which you have not agreed.
3.5 By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge.
3.7 All prices and Delivery Charges, Additional Delivery Charges quoted are in New Zealand
dollars and are inclusive of GST.
4. YOUR ACCOUNT
4.1 You will need to create an account before placing an Order on the Website and this can be done on the Website.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant
to 4 Seasons that all information provided by you in relation to your Account is complete, true and accurate.
4.4 You must notify 4 Seasons at firstname.lastname@example.org immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), 4 Seasons will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify 4 Seasons, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If 4 Seasons suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify 4 Seasons then you must pay 4 Seasons the amount of that loss, damage, cost or expense if 4 Seasons asks you to.
5.1 You can place an Order by following the instructions on the Website. All orders are subject to the Terms & Conditions.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. 4 Seasons may accept or reject your order at its absolute discretion. In particular, but without limitation, 4 Seasons may reject Orders for large commercial quantities of Goods.
5.3 Each Order that you place will, if accepted by 4 Seasons, be a separate and binding agreement between you and 4 Seasons with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their written consent before providing 4 Seasons with their personal information and, by placing an Order, you confirm to 4 Seasons that you have done this.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to 4 Seasons that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by 4 Seasons. 4 Seasons will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.7 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), 4 Seasons will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by 4 Seasons, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. 4 Seasons cannot consolidate separate Orders into one delivery.
5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible or where the goods are currently being restocked. Consequently you will be required to pay a separate Delivery Charge and any applicable Additional Delivery Charge for each of the Goods ordered, regardless of whether they are delivered to you separately or in one delivery.
5.10 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.11 You must take your own precautions to ensure that the process which you employ for accessing the 4 Seasons website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.12 Except to the extent otherwise required by law (including, without limitation, the Consumer
Guarantees Act and the Fair Trading Act), 4 Seasons will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.10 or 5.11 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
6.1 When you submit an Order you will receive an email which includes an Order reference
number. Please note that this is not a confirmation that your Order has been accepted. At this time 4 Seasons will take a pre-authorisation from your payment method. However, actual payment is not taken at this time and is made in accordance with clause 6.4 below.
6.2 If 4 Seasons is unable to fulfil your Order it will send you an email cancelling your Order as soon as practicable.
6.3 In the event that your Order is cancelled following the taking of the pre-authorisation, the pre-authorisation will be cancelled. The time that it takes for the pre-authorisation to be cancelled is likely to be between 1 and 10 days and will depend upon how quickly your financial institution/payment provider processes the cancellation.
6.4 4 Seasons will process payment for your Order immediately before dispatch of the Goods to you. At this time 4 seasons will send you an email confirming that payment has been made and that the Goods have been dispatched. This email represents confirmation that your Order has been accepted.
6.5 When 4 Seasons accepts an Order it represents an agreement by 4 Seasons to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.6 You must pay for Goods by credit card (Visa or Mastercard), The name on the credit card/payment card must match the name on the Order. By providing your credit card/payment card you authorise 4 Seasons to deduct the price(s) and the applicable delivery and additional delivery charge(s) from such card.
6.7 4 Seasons reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.8 4 Seasons may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order will be placed on hold and 4 Seasons will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with 4 Seasons’ requests within the timescale specified, 4 Seasons may cancel your Order.
6.9 Goods that you have ordered will not be dispatched to you until your payment for the Goods
has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. CANCELLATION OF ORDERS
7.1 4 Seasons reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. 4 Seasons may do this for example, but without limitation, where:
(a) 4 Seasons’ suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond 4 Seasons’ control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that 4 Seasons is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask 4 Seasons to cancel your Order in accordance with section 5.7; or
(e) in the circumstances set out in Section 6.8.
7.2 You may cancel your Order where 4 Seasons:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside 4 Seasons’ control including the situations set out in Sections 7.1(a) and (b) above;
7.3 In the unlikely event of 4 Seasons cancelling or accepting your cancellation of your Order after payment has been processed, 4 Seasons will refund any money paid in respect of that Order. Section 11 of these Terms and Conditions sets out further information about refunds.
7.4 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act) or as expressly set out in these terms and conditions, 4 Seasons will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF GOODS
8.1 As 4 Seasons is dependent upon its Suppliers to provide stock and up to date information about stock availability, 4 Seasons cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. 4 Seasons reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), 4 Seasons will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 You accept that many 4 Seasons products are custom orders and as such will be ordered from suppliers when purchased by you if not held in stock at 4 Seasons. Wait times will apply as per manufacturing schedules in addition to delivery timeframes.
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will only be delivered to addresses within New Zealand.
9.3 4 Seasons may, in its absolute discretion, agree to accept Orders for delivery outside New Zealand but is under no obligation to do so.
9.4 Following dispatch of your Goods 4 Seasons will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address 4 Seasons may charge you a reasonable fee for doing this.
9.7 Please allow 3-7 working days from dispatch for metro courier delivery and 4-10 working days for regional areas. Remote deliveries are subject to local transport schedules and may take longer.
10. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
10.1 You agree and acknowledge that:
(a) 4 Seasons does not guarantee the delivery or availability of Goods within the timeframes set out in Sections 9.7 or 9.8 above or otherwise specified by 4 Seasons or any of its staff;
(b) events outside 4 Seasons’ control may cause delays, or in some circumstances, prevent your Goods from being delivered;
(c) delays are particularly likely to occur around Christmas, Easter and public holidays and during 4 Seasons Head Office annual shut down period.
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), neither 4 Seasons nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all
11. REFUNDS OF YOUR MONEY
11.1 Where 4 Seasons is obliged to refund your payment pursuant to these Terms and Conditions, 4 Seasons aims to initiate your refund within 5 – 10 business days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
11.2 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), 4 Seasons will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. RETURNS / FAULTY OR DAMAGED GOODS
12.1 4 Seasons will fulfil its obligations under the Consumer Guarantees Act 1993 but does not allow change of mind refunds, exchanges or credit due to the nature of our products. Exchanges or returns for credit may be granted at the discretion of 4 Seasons.
12.2 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should not sign the carriers goods form and inform the carrier you wish to lodge a claim. Please contact 4 Seasons on email@example.com within 24 hours with photos of damage so it can lodge a claim and address the issue on your behalf.
12.3 If you have a problem with any Goods please contact us at firstname.lastname@example.org
12.4 Goods must be returned at the Purchaser’s cost. When returning Goods for exchange or credit or refund:
(a) please provide 4 Seasons with your proof of purchase (4 Seasons cannot guarantee access to this via its records and the onus rests on the purchaser to retain this);
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that customers use their best endeavours to return all out-of-the-box accessories supplied at the time of original purchase in unopened/original packaging. Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
(c) a re-stocking fee may apply for large or custom items or to items returned out of their original packaging.
12.5 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
13. MORE INFORMATION ABOUT 4 SEASONS’ LIABILITY TO YOU
13.1 To the full extent permitted at law, 4 Seasons is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.
15.1 If it is intended that goods purchased will be used for commercial purposes, please inform your store or email@example.com to discuss whether the Consumer Guarantees Act 1993 will apply.
15.2 4 Seasons reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order. This document represents the Terms and Conditions as at March 2018.
15.3 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
15.4 These Terms and Conditions are governed by the laws of New Zealand.