Terms and Conditions of Sale
Thank you for shopping at Redpaths Furniture!
Please take time to read our terms and Conditions as set out below.
In these Conditions:
(a) “Redpaths” means Redpaths Furniture Limited;
(b) “Care Instructions” means the written Furniture care program or instructions provided by Redpaths to the Customer;
(c) “Customer” means the original purchaser/s of Furniture from Redpaths under these Conditions;
(d) “Furniture” means any furniture or other goods purchased from Redpaths by the Customer; and
(e) “Redpaths’ Standard Warranty” means the warranties in clause 2.
2. REDPATHS STANDARD WARRANTY
Standard Warranty of new Furniture
The following standard warranty applies to all new Furniture purchased by the Customer from Redpaths, subject to any exclusions or variations made in writing by an authorised Redpaths’ representative on this invoice for the Furniture.
Redpaths warrants that the Furniture will be free from material defects in design, construction and materials for the relevant warranty period set out in the table in clause 2.4 in relation to the relevant Furniture or Furniture component set out in the table in clause 2.4.
The warranty periods in the table in clause 2.4 begin on the date that the Customer receives or picks up the Furniture from Redpaths.
Table of warranty periods
Leather and/or fabric:
- Fabric foarm & Stitching:
Standard Warranty on Seconds or Floor models
For Furniture that is described by Redpaths as seconds or as floor models, Redpaths warrants that such Furniture will be free from material defects in design, construction and materials for 3 months only, from the date the Customer receives or picks up the relevant Furniture.
Exclusions from warranty
No warranty is given under Redpaths’ Standard Warranty where any defect or damage to the Furniture is caused or contributed to by:
(a) abuse or misuse of the Furniture (e.g. people swinging on the backs of dining chairs);
(b) negligent action or inaction by the Customer or any person other than Redpaths;
(c) alteration, customisation, upholstering or damage during assembly of Furniture not caused or made by Redpaths;
(d) moving the Furniture after it has been delivered to or picked up by the Customer;
(e) direct or indirect sunlight from, without limitation, windows, doors and skylights;
(f) pets or other animals;
(g) normal wear and tear; or
(h) failure to follow the Care Instructions for the Furniture.
Unless otherwise agreed by Redpaths, the Customer must return the Furniture to any Redpaths’ store to make a claim under Redpaths’ Standard Warranty. If Redpaths accepts the warranty claim and the Customer wants the Furniture returned to a location within 50kms of the relevant Redpaths’ store, Redpaths will arrange for the Furniture to be delivered to the Customer at Redpaths’ cost. If Redpaths does not accept the warranty claim as valid or the Customer wants the Furniture returned to a location more than 50kms from the relevant Redpaths’ store, Redpaths will arrange for the Furniture to be delivered to the Customer at the Customer’s cost.
Claims and Remedy
All claims under Redpaths’ Standard Warranty must be made no later than 10 days after the end of the relevant warranty period. The Customer’s sole remedy against Redpaths in respect of any Furniture or Furniture component that does not comply with Redpaths’ Standard Warranty will be for Redpaths to repair or replace the relevant Furniture or Furniture component, or to provide a refund to the Customer for the relevant Furniture or Furniture component, at Redpaths’ sole option. Redpaths will do so within a reasonable time, but this timeframe must be considered in light of the characteristics of the Furniture (e.g. overseas or local manufacturer). Subject to clause 3, this clause 2 sets out Redpaths’ sole obligation to the Customer, and the Customer’s sole remedy against Redpaths in relation to the Furniture.
3. COMSUMER GUARANTEES ACT 1993 NOT AFFECTED
Nothing in clause 2, any other part of these Conditions or in the invoice, will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.
For the avoidance of doubt, Redpaths confirms that nothing in these Conditions or the invoice affects Redpaths’ obligations under the Consumer Guarantees Act 1993.
Furniture sold by Redpaths is for personal, domestic and household use only. If a Customer does not purchase the Furniture for personal, domestic or household use, then the Customer represents that it is acquiring the Furniture for the purposes of a business, and agrees that Redpaths’ Standard Warranty does not apply and that Redpaths excludes all liability in respect of such Furniture, including under the Consumer Guarantees Act 1993, to the maximum extent permitted by law.
Apart from any condition, warranty, guarantee or term implied by statute which cannot lawfully be excluded, restricted or modified by these Conditions, Redpaths excludes all express or implied conditions, warranties, guarantees and representations in respect of the Furniture.
4. LAY-BY POLICY
Where the Customer purchases Furniture by way of a lay-by sale, the additional terms and conditions of the lay-by agreement between the Customer and Redpaths will apply in addition to these Conditions, despite clause 8.5.
5. DELIVERY POLICY
Where Redpaths has agreed to deliver Furniture to the Customer, Redpaths’ delivery department will call the Customer at least one day prior to the date that Redpaths expects to deliver the Furniture and arrange an approximate time for delivery. If no call has been received by the Customer, then no delivery has yet been scheduled by Redpaths. Any time given by Redpaths is only an estimated time and may vary. For the avoidance of doubt, date and time for delivery of the Furniture shall not be of the essence.
Redpaths will make all reasonable efforts to ensure that the Furniture arrives on time, undamaged and without material defects.
The Customer must measure all doorways, hallways, stairways, and elevators if necessary, and otherwise make sure that the Furniture can fit into the Customer’s premises.
All Furniture must be paid for in full prior to Redpaths scheduling a delivery time and/or prior to actual delivery.
Redpaths shall not be liable for any delay or other failure to perform its obligations under these Conditions caused by factors beyond its reasonable control including, without limitation, weather, unexpected traffic conditions, acts of God, strikes, war, flood, drought, fire and delay of imports due to overseas conditions.
Delivery charges are calculated on a simple “walk-in” delivery. Where Redpaths’ delivery staff decide that access is difficult (e.g. balconies or narrow stairways), the delivery staff are not obliged to deliver the Furniture into the Customer’s premises. Under such circumstances Redpaths reserves the right to leave the Furniture in a more accessible place (e.g. garage or shelter) or if necessary, outside the front door that gives access to the Customer’s premises. After this, it is the Customer’s responsibility to move the Furniture into the Customer’s premises unless compensation deemed reasonable by Redpaths is provided.
If delivery takes up more than a reasonable amount of time due to circumstances not within reasonable contemplation of Redpaths, and where Redpaths’ delivery staff have other commitments, delivery staff reserve the right to leave the Customer’s premises whether or not the delivery of the Furniture has been completed.
When Furniture to be delivered by Redpaths cannot be successfully delivered on an agreed delivery date due to the Customer's own unavailability or difficulties with access to the Customer’s premises, the Customer will pay Redpaths’ extra delivery charge for any subsequent redeliveries made by Redpaths.
Any Furniture agreed by both the Customer and Redpaths’ delivery staff to be damaged or incorrect upon delivery will not incur an extra delivery charge for subsequent redeliveries.
In the event that the Customer wants to cancel or reschedule delivery of Furniture, Redpaths must be informed by 3pm on the day before the agreed delivery date, otherwise the Customer will pay Redpaths’ extra delivery charge for any subsequent deliveries made by Redpaths.
6. CANCELLATION AND REFUNDS FOR CHANGE OF MIND
All Customer claims that Furniture purchased from Redpaths is defective or damaged will be dealt with under any applicable Redpaths’ Standard Warranty and in accordance with Redpaths’ obligations under the Consumer Guarantees Act 1993.
Where a Customer wants to cancel a purchase of Furniture for any other reason, such as a ‘change of mind’ and not because of any defect or damage, Redpaths may accept such a cancellation request on the basis that the Customer pays as compensation to Redpaths, a cancellation fee equal to 20% of the purchase price of the Furniture plus a $50.00 + GST administration fee. In such cases, the Customer is responsible for the original shipping and delivery charges, as well as return shipping and delivery charges, if applicable. Redpaths will refund any amounts paid by the Customer after deducting applicable administration and cancellation fees and any shipping and delivery charges.
Redpaths reserves the right not to accept any Customer request to cancel a purchase of Furniture or cancel any order of Furniture secured by a deposit made by the Customer. If Furniture is being custom produced specifically for a Customer then Redpaths will not agree to any cancellation or amendment of the order or purchase.
Where delivery is delayed through circumstances outside the reasonable control of Redpaths (as outlined in clause 5.5), the Customer may NOT cancel their order or purchase.
It may take up to 2 weeks for Redpaths to investigate and process a refund request under this clause.
7. REPORTING DAMAGED OR DEFECTIVE FURNITURE OR PRODUCT VARIATION
If Furniture is found to be either damaged or defective in any way at the time of delivery, notification must be given by the Customer to a Redpaths’ representative within 24 hours. If damage or a defect is discovered after delivery, the Customer must notify Redpaths within 24 hours of discovery.
Redpaths strives to provide the most accurate descriptions of the Furniture and other products. As Redpaths continually develops its products, size, design or colour detail may vary from descriptions. Redpaths promises to try to handle any such problems or issues as promptly and courteously as possible and in accordance with Redpaths’ legal obligations.
8. LIMITATION OF LIABILITY
Subject to clauses 2 and 3, to the maximum extent permitted by law, in no event shall Redpaths be liable (whether in contract, tort (including negligence) or otherwise) to the Customer for any:
(a) physical damage to the Furniture or other property; or
(b) personal injury,
caused or contributed to by the Furniture and/or Redpaths’ staff during pick up or delivery of the Furniture.
The Customer waives all such claims existing now or at any time in the future against Redpaths.
Subject to clause 3, to the maximum extent permitted by law, in no event shall Redpaths be liable (whether in contract, tort (including negligence) or otherwise) to the Customer for:
(a) loss of benefits, savings or profits, loss of goodwill or opportunity; or
(b) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature,
arising directly or indirectly from any Furniture supplied by Redpaths to the Customer, even if Redpaths had been advised of the possibility of such damages.
Subject to clause 3, in no event shall Redpaths total liability under any claim of whatever nature arising directly or indirectly from the Furniture supplied by Redpaths to the Customer exceed the price paid by the Customer for the specific Furniture to which the relevant claim relates.
Nothing said by any salesperson or representative on Redpaths’ behalf should be understood as a variation of these Conditions or as an authorised representation about the nature or quality of any Furniture offered for sale by Redpaths, unless agreed in writing by an authorised Redpaths representative.
These Conditions and the invoice embody the entire agreement of the parties in relation to the subject matter of these Conditions and the invoice and supersede all prior understandings, communications and representations between the parties, whether oral or written.
No amendment to these Conditions shall be effective unless in writing and signed by an authorised representative of Redpaths.
For any Customer service requests, Customers must provide the original invoice in order to process any requests including warranty issues, repairs, refunds, cancellations, and any similar requests.
The purchase price for the Furniture is specified on the invoice and is in New Zealand dollars. Unless an alternative payment plan is agreed in writing by Redpaths, the Customer will pay for the Furniture immediately. If the Customer does not pay the purchase price immediately or in accordance with the timeframes of any alternative payment schedule agreed in writing, Redpaths may charge the Customer interest on amounts not paid by the due date at the rate of 1.5% per month, calculated on a daily basis until the due amount is paid in full. The Customer will pay the purchase price and all other amounts without deduction or setoff of any kind.
Risk in the Furniture will pass to the Customer on pick up by or delivery to the Customer. Title to the Furniture remains with Redpaths until the Customer has paid the purchase price in full to Redpaths. Until such payment has been made, the Customer will not sell, transfer or dispose of the Furniture and Redpaths may at any time require the Customer to return the Furniture to it, and Redpaths will be entitled to enter any place where the Furniture is situated at any time in order to take possession of it. The Customer will fully indemnify Redpaths in respect of any claim or demand which may be made in respect of such entry and taking of possession.
Redpaths will retain a purchase money security interest in the Furniture until the Customer has paid the purchase price in full to Redpaths. Redpaths may at any time perfect its security interest in such Furniture by registering one or more financing statements under the Personal Property Securities Act 1999. The Purchaser waives any right to receive verification of financing statements registered.
All credit notes expire 3 months after their issue date. Credit notes may only be used on full priced products, which mean they may not be used in conjunction with discounted floor models, discounted products, promotional prices, seconds and in other similar situations.
Redpaths reserves the right to cancel the contract for the purchase of any Furniture if:
(a) Redpaths has insufficient stock;
(b) Redpaths does not deliver to the Customer’s area;
(c) any payment transaction was not authorised, declined or reversed; or
(d) the Furniture was incorrectly advertised, quoted, or priced by Redpaths.
These Conditions shall be governed by the law of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand courts.