MATTRESS WAREHOUSE TERMS AND CONDITIONS OF SALE
Contract:
1. You (the Customer) enter into a Contract with MWH Retail Group Limited (we/us) to supply beds or other goods (Product(s)).
2. You can place your Order for Products (Order) with us by following the process outlined on our site.
3. No contract shall come into existence until you have completed the Order process, completed the necessary payment to confirm your Order with one of the payment methods available on our site, and we have confirmed acceptance of your Order by confirmation e-mail. If you are paying for your goods with consumer credit through one of our approved providers (Q Card or GE), confirmation from the provider of a valid credit voucher will be accepted as proof of payment.
4. For Products with a due date greater than 4 weeks from the Order date, payment will be required to confirm the Order. For any Orders with a due date of less than 4 weeks from the Order date, full payment will be required on placing the Order.
Images and Sizing of Product:
5. The images of the Products on our site are for illustrative purposes only. All reasonable efforts have been made to display colours accurately, however we cannot guarantee your computer or device will display the colours accurately. All reasonable efforts have been made to display dimensions accurately, however these measurements are approximate only and subject to minor manufacturing variations. Due to the nature of mattress construction, all dimensions can vary by +/-20mm.
6. Unless otherwise stated, any accessories, manchester or furnishings shown in any image of any Product are not included in the price.
Pricing of Products:
7. The price of any Product will be as quoted on our website. While all reasonable efforts are made to keep our site pricing updated and accurate we reserve the right to update and correct the pricing of any of our Products at any time without notice.
8. With respect to quotations, Product prices will be confirmed in writing at the time of Order however prices are subject to change or correction without notice.
9. In case of a pricing error, we are under no obligation to provide any Products to you at an incorrect lower price and will advise you if any such error has been made. On receiving notice of any such error, you may then elect whether to continue with your Order.
10. Where a pricing error has resulted in you paying a higher price than the correct price, we will advise you of the same and refund any overpayment.
11. We may vary the price of Products from time to time, however such variations will not affect any existing Orders that we have accepted.
12. Freight on the goods is chargeable in addition unless otherwise agreed. Prices are in New Zealand dollars and inclusive of GST unless expressly stated to be exclusive of GST.
13. We do not represent that any Product offered via our website will be offered by or available from any of our retail stores.
Payment in Full and Delivery:
14. You must pay in full for your Order prior to its supply and delivery to the location that you have requested.
15. Please note that we only deliver to North Island Metro areas.
16. Where you have selected multiple product lines with different expected availability dates, you will have option for your selected Products to be delivered separately as and when they become available. Multiple deliveries may incur additional freight charges. Our Customer Care team will contact you to discuss this option.
17. You must advise us at the time that you place your Order via the website, or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as remote rural locations, restricted access, stairs or narrow entries). If you do not state the situation correctly and on arrival our delivery contractor deems it to be too difficult to complete delivery, you will be liable for any extra charges, including redelivery fees and the cost of an extra person to assist with delivery.
18. If there are multiple deliveries for an Order, that part of the Order to be delivered must be paid for in full prior to its delivery.
19. We will hold your Order for a maximum period of one week once goods are ready for delivery. We will notify you when the Products are ready for delivery and, following such notice, you will be required to attend to payment of the outstanding balance of the goods within 7 days.
20. We are unable to provide storage facilities. Accordingly, if you require storage beyond the confirmed due date of your Order you must make your own arrangements for storage.
21. Where you refuse to receive your products for more than 28 days after your due date, we reserve the right to treat such refusal as cancellation of your Order and you may be liable for cancellation fees.
22. We use independent freight carriers. It is your responsibility to accept and sign for product arriving in good condition. Damage must be notified to us within 2 days of delivery.
23. We quote a delivery estimate at the time of purchase based on average manufacturing and freight times. We reserve the right to deliver outside of this expectation due to unforeseen circumstances or issues arising that are outside of our control. It is our intention to advise our customers of significant delays.
Risk and Ownership:
24. Risk in Products purchased by you will pass on completion of delivery to your designated delivery address by our freight carriers, or collection of the Products by you or your designated freight carrier if you have chosen to arrange your own delivery.
25. Title of the Goods shall not pass to you until we have received payment in full for your Order.
Cancellation or Alteration of an Order:
26. Any cancelled Order may incur a 10% cancellation fee, being compensation to us for costs incurred due to such cancellation and/or compensation for our likely loss of profit. In the event that you cancel part of an Order, such part-cancellation may incur a 10% cancellation fee on a pro-rata basis to the part-cancelled Order.
27. You acknowledge and agree that the cancellation fee may be deducted from any deposit paid by you. If no deposit was paid due to your purchase being completed by way of finance, you will be required to attend to payment of the cancellation fee at the time of cancellation.
28. Where an Order is altered, actual costs incurred in changing the Order may be charged, such as alteration/cancellation fees passed on from our suppliers.
Special Orders:
29. If you have placed a special Order for Products, different payment and cancellation provisions may apply. We will advise you of any different provisions when confirming your Order.
Returns:
30. Please make sure you choose your Products carefully as once your order has been accepted, such Products may not be returned for credit or refund other than as specified under the Consumer Guarantees Act 1993.
Amendment of Terms and Conditions and Website:
31. We reserve the right to alter, modify or update these terms and conditions from time to time. Such revisions will be effective immediately upon publication on this website. Your use of this website following any such change establishes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
32. We reserve the right to correct any errors, inaccuracies or omissions contained in the website and change and update information including but not limited to pricing of Products at any time without prior notice (including after you have submitted your Order).
Usage restrictions:
33. No right, title or interest in any content or materials contained on this website is transferred to you as a result of any of your activities. We reserve complete title and full intellectual property rights in any content that you download, reproduce, print, redistribute or store from this website.
Warranties for beds and other Goods:
34. It is your responsibility to satisfy yourself as to the condition, quality, suitability and fitness of the Products for your purpose and you accept the Products on this basis.
35. Subject to the Consumer Guarantees Act 1993 you agree that:
- Products supplied by us shall be subject to the terms and conditions of any warranties and guarantees provided by a manufacturer in respect of the goods
- No warranty whatsoever is given by the manufacturer in respect of the Products unless specifically stated in writing by the manufacturer: and
Except as set out in this contract, all warranties or conditions or other terms expressed or implied by statute, common law or custom are excluded to the maximum extent permitted by law.
36. The Consumer Guarantees Act 1993 shall not apply in the event the product is supplied for business purposes or re-supply in trade.
Information and Privacy Act 1993:
37. For the purposes of enabling the efficient running of our business, you authorise us to collect any information that we may require from third parties and you authorise those third parties to release that information to us. You further agree that any information we may obtain for you or third parties (“the information”) may be held and accessed by us, our employees and our agents and that we may use the information for the efficient running of our business, including for debt collection purposes. We will take all reasonable steps to ensure that the information is held securely at all times.
Exclusion and Limitation of Liability:
38. Our liability for any loss, damage or injury arising from a defect in or non-compliance of the product or any other breach of the Terms and Conditions shall not exceed the price of the product, or the price of replacement or repair of the product. We shall not be liable for any indirect, special or consequential damage or loss. Our liability is confined to you. We are not liable to anyone who acquires the product from you. You may not assign your rights under this Contract.
Miscellaneous:
39. All contracts shall be governed by the laws of New Zealand.
40. You shall pay the costs and expenses incurred by us in exercising any of our rights or remedies or enforcing the Contract.
