1. USE OF THE WEBSITE, PURCHASE OF RUGS, SUBJECT TO THESE TERMS AND CONDITIONS
Your access to, and use of, the Website and your purchase and use of the services and products able to be purchased via the Website is subject to the following terms and conditions. By using the Website, you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.
REGISTRATION AND ORDERS
2. HOUSE OF HAGHI & SONS DISCRETION
House of Haghi & Sons:
- Has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever;
- Has the absolute discretion as to whether an order placed on its website is accepted and fulfilled, House of Haghi & Sons may cancel an order for any reason whatsoever; and
- May, at its absolute discretion, suspend or terminate the ability of any Customer to order through the Website for any reason whatsoever.
3. CUSTOMER LIABLE FOR EVERY ORDER
You are liable for every order made under your Login
4. TRADE NOT SUPPLIED
Unless otherwise agreed, you may not purchase any Products through the Website for the purpose of resale.
PRICE AND PAYMENT
5. PRICING
The prices are per Rug and are listed on the Website. The prices of the Rugs are inclusive of GST. There is no additional charge for delivery within the delivery limits. All amounts are in New Zealand dollars. House of Haghi & Sons reserves the right to change the prices from time to time during the term of this agreement.
6 . INVOICING
House of Haghi & Sons will invoice you via email or directly through the website.
7. PAYMENT
Payment for your Rug will be invoiced and deducted (or as the case may be, debited) from your credit card, immediately following placing your order with us.
8 . METHOD OF PAYMENT
You must pay House of Haghi & Sons for the Rugs purchased by credit card (other than American Express). The Website does not accept any other form of payment.
9. PAYMENT BY CREDIT CARD DECLINED
If your credit card is declined by its financial institution or fails to process for your purchase:
- payment will be deducted (or as the case may be debited) from your credit card at the first opportunity
- House of Haghi & Sons may decline to deliver the relevant order; and/or
- House of Haghi & Sons will contact you to make alternative payment arrangements.
- House of Haghi & Sons reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
10. ADJUSTMENTS
If you are invoiced an incorrect amount for any Rug ordered, House of Haghi & Sons shall be paid by, or refund to, you the necessary adjustment amount to reflect the correct amount which should have been invoiced. We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account.
11. DEBT COLLECTION
You are liable for all costs associated with debt collection where you default in payment for any order.
PRODUCT AVAILABILITY AND QUALITY
12. PRODUCT AVAILABILITY
House of Haghi & Sons will make every effort to fulfil orders placed with the Website, however, we will not be liable to any person if we are unable, or decline, to supply a Rug or Product for any reason whatsoever, other than to refund the amounts paid in respect of the Rug or Product. We reserve the right to limit quantities able to be ordered by or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by you for that order will be adjusted accordingly. House of Haghi & Sons may delay dispatch of orders due to stock availability.
13. PRODUCT QUALITY
In establishing that a Product was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged Product. If House of Haghi & Sons agrees that a Product was delivered to you in a damaged or spoiled condition, House of Haghi & Sons shall, at your request, credit the value of the relevant Product to you. We will credit you by either crediting your credit card or alternatively crediting your account balance in your online account.
DELIVERY
14. DELIVERY AREAS
Please refer to House of Haghi & Sons delivery information pages for confirmation of where House of Haghi & Sons delivers to. As part of the House of Haghi & Sons ordering and registration process, you will be immediately and electronically advised if we are able to deliver to your address. Specific delivery locations are accepted based on the suburb and postcode of the delivery address and so it is important that you provide us with your correct address information. If you do not, then we may not be able to deliver to you. If a delivery suburb or postcode is included in the registration area, this does not imply that House of Haghi & Sons will deliver to all addresses within that suburb or postcode.
15. DELIVERY AND LIABILITY
Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date. House of Haghi & Sons shall be entitled to commission third parties to make delivery. If House of Haghi & Sons brings the Rug inside the Premises, beyond the Delivery Point, at your request, or other person accepting delivery of the Rug on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, House of Haghi & Sons will, subject to any liability arising at law which cannot be excluded including under the CGA and FTA, not be liable for any direct or indirect damage or loss (including in negligence) suffered by you or any third party in doing so. House of Haghi & Sons shall be entitled to assume that any person accepting delivery of the Products is either the Customer or someone that is authorised to do so on behalf of the Customer.
16. ACCESSIBILITY, SAFETY AND DEEMED DELIVERY
You must ensure that your Delivery Point is easily accessible to House of Haghi & Sons delivery person, and that it is safe for our delivery person to enter your premises in order to complete the delivery. If in our delivery person's opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to House of Haghi & Sons are not reached, we will be relieved of our obligation to deliver the Rug, but you will be liable for a delivery fee. In the situation where it is safe to complete delivery but there is no person present at the Delivery Point at the time of delivery, or you or any other person fails or refuses to take delivery of the Rug, House of Haghi reserves the right to charge you for the delivery regardless of the delivery not being completed. In either case, House of Haghi & Sons will contact you (via phone, text, email or your online account) to advise you of the situation.
17 CHANGE OF ADDRESS
You must notify House of Haghi & Sons immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time up to 7 days before the day for delivery of a Rug.
18. DELAYS TO DELIVERY
House of Haghi & Sons always aims to deliver on time but may from time to time be delayed and shall not be liable for failure to deliver on a timely basis. If House of Haghi & Sons considers that the delivery of your order is likely to be substantially delayed, House of Haghi & Sons will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day. In any such case we will endeavour to notify you at least 36 hours before the relevant Delivery Date
OWNERSHIP AND RISK
19. RISK PASSES ON DELIVERY
Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
WARRANTIES
20 . WARRANTIES LIMITED
You have statutory rights under the CGA and FTA that cannot be excluded or limited in any way, subject to those rights all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of House of Haghi & Sons other than the express provisions of these terms and conditions. You must ensure that the Products are not used for any purpose for which they are not suitable, and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that House of Haghi & Sons does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.
LIABILITY AND INDEMNITY
21. PRODUCT LIABILITY
Under the CGA and FTA House of Haghi & Sons liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA the liability of House of Haghi & Sons whether in contract, or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of House of Haghi & Sons obligations relating to the Products hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
22. NO LIABILITY FOR INDIRECT LOSS
You have statutory rights under the CGA and FTA to recover compensation for consequential loss arising from a breach of the CGA or FTA, these rights cannot be excluded or limited in any way. Subject to the CGA and FTA House of Haghi & Sons shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Products.
INTELLECTUAL PROPERTY
23. ALL INTELLECTUAL PROPERTY OWNED BY HOUSE OF HAGHI & SONS
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents and Rugs are owned by, and shall at all times remain the exclusive property of, House of Haghi & Sons, its licensors and the providers of any other products and services accessible through the Website, and is protected by New Zealand and international law.
FORCE MAJEURE
24. EFFECT OF FORCE MAJEURE
If the performance by House of Haghi & Sons of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or Rugs, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of House of Haghi & Sons ) House of Haghi & Sons shall be excused from such performance to the extent of such prevention.
PRIVACY
25. COLLECTION OF INFORMATION
The Website contains applications which collect personal information about you. House of Haghi & Sons will only use this information to the extent authorised by you and will only disclose it in the manner set out below. In using the Website, you authorise House of Haghi & Sons to collect, retain and use your personal information for the purposes of:
- Processing your registration application;
- Assessing your credit-worthiness;
- Undertaking any dealings or transactions with you;
- Enforcing any legal or other rights House of Haghi & Sons may have against you in any manner that House of Haghi & Sons sees fit;
Sending you any advertising or promotional material; and
Enhancing the Website so that House of Haghi & Sons may offer you a better, more personalised and tailored service.
26. COLLECTION FROM OTHER SOURCES
In using the Website, you further authorise House of Haghi & Sons to collect personal information about you from any other source available to House of Haghi & Sons including but not limited to credit referral agencies, your bank, any other suppliers of products and services to you and other persons or companies with whom you have been associated.
27. HOUSE OF HAGHI & SONS RIGHT TO REFUSE APPLICATION
If sufficient personal information is not supplied or is not satisfactory to House of Haghi & Sons, then House of Haghi & Sons reserves the right to refuse to accept your application to register to use the Website or to make orders.
28. HOUSE OF HAGHI & SONS S' USE OF COOKIES
The Website may use 'cookies'. Cookies are an element of data that the Website can send to your browser, which may then store it on your system. To use the Website, you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies. The Website may from time to time use, Google Display Advertising services. In this context, House of Haghi & Sons may from time to time use Google Analytics cookies for AdWords Remarketing – displaying House of Haghi & Sons advertisements on the Google Display Network based on visitors’ interactions with the House of Haghi & Sons website. No personally identifiable data is collected for this advertising. Visitors can opt out of Google Analytics for Display Advertising and customise Google Display Network ads using Google’s Ads Preferences Manager. Visitors can also opt out of visit information being collected by Google Analytics on all websites by using the Google Analytics Opt-Out Browser Add-On.
29. INFORMATION RETAINED BY HOUSE OF HAGHI & SONS
Any personal information supplied by you may be retained by House of Haghi & Sons until such time as you request that the information be removed.
30. DISCLOSURE
Any personal information supplied by you and retained by House of Haghi & Sons may be disclosed to other persons or body corporates engaged by House of Haghi & Sons for, but not limited to:
- Research and/or marketing firms.
- Credit referral agencies.
- Business advisors.
House of Haghi & Sons may also disclose aggregated user statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
31. STORAGE OF PERSONAL INFORMATION
House of Haghi & Sons has taken many steps, from both technical and systems perspectives, to ensure that your information is well protected. However, it is important that you remember to never share your Login with any other person. While House of Haghi & Sons endeavours to keep your personal information collected on the Website secure and confidential, House of Haghi & Sons shall not be responsible for any breach of security caused by third parties, nor represents that the Website is completely secure.
32. YOUR RIGHTS OF ACCESS
You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by House of Haghi & Sons. If you do so, you agree to pay House of Haghi & Sons the reasonable charges requested by House of Haghi & Sons in relation to time and attendances involved in complying with your request in this regard. Access to your personal information held by House of Haghi & Sons is available to you in the "My Account" area of the Website. You can change or update your personal information at any time in the "My Account" area of the Website.
TERMINATION
33. RIGHT TO TERMINATE IN CERTAIN CIRCUMSTANCES
Either party may terminate this agreement immediately on notice to the other if the other:
a. being a Company:
goes into liquidation (other than for the purpose of a reconstruction approved by the Company); or
has a receiver or statutory manager appointed; or
goes into voluntary administration; or
b. being a natural person:
dies; or
commits any act of bankruptcy; or
commits any criminal offence punishable by imprisonment; or
proposes or enters into any scheme of arrangement or composition with its creditors; or
fails to pay an amount due under this agreement within 7 days of the due date; or
breaches any other term of this agreement and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.
34. CUSTOMER RIGHTS TO TERMINATE
Except in the case of orders which you have paid for (e.g. Rugs), you can terminate this agreement at any time temporarily or indefinitely by notifying us via your online account. The cut off day and time for skipping or removing an order is 7 days before the relevant Delivery Date. This Condition doesn't apply to overseas orders.
35. TERMINATION DOES NOT RELIEVE PARTIES FROM LIABILITY UP TO TERMINATION DATE
Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.
36. HOUSE OF HAGHI & SONS RIGHT TO SUSPEND
If orders are not paid for in full or a Customer's bank declines payment on a Customer's bank card and as a result money is owing to House of Haghi & Sons, then House of Haghi & Sons reserves the right to suspend the Customer's ability to place further orders on the Website until such time as the outstanding balance has been paid in full.
37. NO WAIVER OF HOUSE OF HAGHI & SONS RIGHTS
House of Haghi & Sons failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.
38. LINKS TO THIRD PARTY WEBSITES
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by House of Haghi & Sons. House of Haghi & Sons does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than the Website.
39. SECURITY OF INFORMATION
House of Haghi & Sons shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, House of Haghi & Sons will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
40. LOGIN
You must keep your Login details safe and confidential at all times.
41. SITE CONTENT
While House of Haghi & Sons has endeavoured to ensure that the information provided on the Website is free from error, House of Haghi & Sons does not warrant its accuracy, adequacy or completeness, and House of Haghi & Sons shall not be responsible or liable for any error in, or omission from, the information provided on the Website. We reserve the right to make changes to the information provided on the Website at any time and without notice.
42. USE OF THE SITE
You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website for your own personal use but otherwise neither the Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without House of Haghi & Sons prior written consent. You agree that you will not interfere with any other party's use and enjoyment of the Website, or damage the operation of the Website, or House of Haghi & Sons systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.
43. INDEMNITY
Notwithstanding any other term, you agree to indemnify House of Haghi & Sons against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against House of Haghi & Sons, arising directly or indirectly out of your use of the Website, in breach of these terms and conditions.
