BATHSTORE247.COM LIMITED (“BATHSTORE247”)

The following terms and conditions apply to the sale and supply of goods by BATHSTORE247 to the Customer.

General
In these Terms:
1.1 ‘Intellectual Property’ means means copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual proprietory right or form of intellectual property;
1.2 'Premises' means the premises occupied by the Customer together with all premises where BATHSTORE247 has supplied goods for the Customer pursuant to these Terms.
1.3 The Customer may not assign all or any of its rights or obligations under these Terms without the prior written consent of BATHSTORE247 and the failure of BATHSTORE247 at any time to enforce any provision of these Terms shall not be construed as a waiver of such provision and shall not affect the validity of these Terms.
1.4 Any dispute arising from a contract shall be referred to arbitration in accordance with the New Zealand Arbitration Act 1996.

Pricing
2.1 ‘Contract Price’ means BATHSTORE247's current normal price for the goods at the time of delivery of the goods. Contract Price is inclusive of GST and freight when supplied within New Zealand. Additional charges may apply for goods supplied in Australia.
2.2 No binding contract of sale will arise unless and until either BATHSTORE247 accepts in writing an order from the Customer or BATHSTORE247 delivers the goods to the Customer or to its order.
2.3 BATHSTORE247’s acceptance of the Customer’s order is subject to the goods being obtainable and available to BATHSTORE247. BATHSTORE247 will not be liable for any non-delivery or delay in delivery of the goods due to circumstances beyond the control of BATHSTORE247.

Payment
3.1 Payment by the Customer shall not be deemed to have been received by BATHSTORE247 until honoured.

Risk
4.1 Risk in any goods supplied by BATHSTORE247 shall pass to the Customer when the goods are delivered to the Customer or to the Customer’s order or are collected by a carrier on the Customer’s behalf.
4.2 BATHSTORE247 shall deliver the Goods to the place of delivery designated by the Customer and agreed to by BATHSTORE247.

Warranties
5.1 BATHSTORE247 will supply the goods subject to their applicable manufacturer warranties, but subject to the Customers rights under the Consumer Guarantees Act 1993.
5.2 The Customer agrees and acknowledges that where the Customer is acquiring the goods (for itself or its principal) from BATHSTORE247 for the purposes of a business the provisions of the Consumer Guarantees Act 1993 does not apply.

Limitation of Liability
6.1 To the extent permissible by law, BATHSTORE247 will have no liability whatsoever to the Customer or any other person for direct, indirect or consequential losses or expenses, suffered by the Customer or any other person as a result of BATHSTORE247’s actions or inactions, and including but not limited to delays in the supply of goods or unavailability of goods listed on this website.

Privacy Act
7.1 The Customer authorises BATHSTORE247 to retain information provided by the Customer including the Customer’s name, e-mail address, phone number, address, type of business, credit card details (for the purposes of processing payment for a specific order only), customer preferences, customer number and any other similar personal information.
7.2 Personal information will be kept confidential and will be destroyed when no longer required for authorised purposes. BATHSTORE247 will be entitled to disclose personal information if BATHSTORE247considers it necessary in connection with fraud prevention, regulation, and other legal action.