About these Terms and Conditions
- By purchasing products from Blue Jasmine Limited (“Blue Jasmine”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you” “your”) agrees to the following terms and conditions of sale (the “Terms”).
- Any request for supply of the products on our website (“Products”) that you place with us and any Products we sell to you are subject to:
These Terms and Conditions which are posted on the website, and which you are deemed to accept by placing an order.
- Any additional terms and conditions on our website which apply specifically to that Product;
- Any statutory rights you may have as a consumer which are modified and limited by these Terms and Conditions only to the extent permitted by law.
- These Terms and Conditions prevail over any inconsistent terms in any other communication or agreement, and cannot be varied unless we agree in writing to that variation.
- If you order through our website, we will only sell and deliver Products within New Zealand.
- You must:
- Only order Products in accordance with the instructions on this website, and
- Pay for the Products in full (without deduction of any kind) by authorising us to charge a credit card account.
- You warrant that you are authorised to use your credit card account by the relevant credit card company.
- You may place an order by adding items to your “Cart” on our website and clicking the “Check Out” button (“Order”). By placing an Order, you make an offer to purchase the Products you have selected subject to these Terms and Conditions. Any information contained on our website constitutes only an invitation to treat, and is not an offer by us to supply any Products or any other goods or services.
- When you place an Order, we will email you with an Order Number. We will then notify you when your order is being processed (by sending you an Order Confirmation via email) and again when your order is shipped.
- While we will endeavour to fulfil an Order, we will not be liable to any person if we decline to fulfil an Order or we are unable to supply the Products in your Order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. However, we will advise you if we decline, or are unable to fulfil, your Order.
- We may cancel an Order for any reason or to cancel the purchase agreement after the order has been confirmed, including (without limitation) where Blue Jasmine believes the order to be fraudulent or constitutes the mis-use of a promotional or marketing activity. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).
- We try to display as accurately as possible the colours of the products shown on the website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
- Our Polish Pottery range is hand painted and hand stamped therefore no two pieces of pottery within the range will be exactly the same.
- The price for the Products will be:
- in NZ dollars as quoted on the website at the time of placing your order, and
- the costs associated with delivering the Products to you.
- All prices are GST inclusive unless stated otherwise.
- We may alter the prices of the Products and the Products available on the website, and any other information on our website, at any time before you place an Order without notice to you.
- Although we do our best to ensure the price stated on the website are accurate, errors do occur. Where a pricing error occurs (subject to applicable law), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.
- We will deliver the Products to the premises nominated in your Order within a reasonable time of accepting your Order. We usually specify 2-10 working days for your order to be dispatched from our warehouse, and we will try and have the Products shipped to you by that date. However the delivery times stated for products on this site assume that the stock availability information provided for is accurate and that deliver times are not adversely affected by unforeseen circumstances. By placing the order, you agree not to hold Blue Jasmine liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
- We may deliver the Products to you by instalments and each delivery will be a separate contract independent from the other deliveries.
- We will re-deliver, replace or refund the Products (at our option) if we have incorrectly addressed the deliver. We take no such responsibility if you gave an incorrect or insufficient address.
- We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.
- Blue Jasmine will comply with its obligations under the Consumer Guarantees Act or any other applicable consumer protection legislation that cannot be excluded. Refunds or replacement products will be given at the discretion of company management.
- Nothing in these Terms and Conditions affect any rights you may have as a “consumer” under any statute.
- Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in you jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.
- To the extent that the New Zealand Consumer Guarantees Act applies, you confirm that:
- If you are acquiring the Products for business purposes the New Zealand Consumer Guarantees Act 1993 will not apply
- You must include a term in your contract with that person that the Products are being acquired for the purpose of a business and that the Consumer Guarantees Act 1993 does not apply in respect of those Products, and
- You indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions.
- The material and information contained in the website is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an Order. Nothing in the website is to be construed as a recommendation to use any Product.
- You agree that the content you access, whether it is viewed or downloaded from this site remains the property of Blue Jasmine. You agree not to modify or alter the content in any way, or make it available to a third party.
- Blue Jasmine gives you the choice to pay for products through bank transfer. If you credits money to the incorrect bank account number, and the correct number was provided to the Customer by Blue Jasmine, then Blue Jasmine will not accept any responsibility for correcting payment and goods will not be dispatched by Blue Jasmine until payment has been received in full.
- By creating an account with Blue Jasmine you consent to receiving electronic communications from us. These communications may include account status updates, order updates, promotional and marketing materials and other information relating to services provided. Your personal details will not be made available to any third party. If you would like to read more about our privacy policy please do so.
|
