HOME EXPRESS MASTER TERMS & CONDITIONS
Effective from: August 2022
Section A: General Terms and Conditions
Section B: Dictionary of Terms
SECTION A: GENERAL TERMS AND CONDITIONS
The following terms and conditions apply to all purchases from Home Express on and from the effective date specified above, except as specifically noted otherwise.
1. How to Place an Order
You can place an order by:
a. purchasing online, from our website homeexpress.co.nz.
b. calling a member of our customer services team on free phone 0800 466 334; or
c. meeting with one of our sales representatives.
2. Payment Options
2.1. We accept the following payment options:
a. debit card issued by a registered bank;
b. credit card – we accept MasterCard and Visa; or
c. any other payment method as set out on our website.
2.2. Our related company Lifestyle Money Limited offers credit facilities that can also be used to purchase our products. For more information about Lifestyle Money either go to lifestylemoney.co.nz ,or call 0800 427 334, or email email@example.com.
2.3. We will send you an order confirmation and ship your order once we have received confirmation of payment.
3. Right to Cancel
3.1. If you have purchased any products from us as a result of an uninvited direct sale (where you have not invited us to call you or visit you in relation to our products), then you have a limited right to cancel your order and receive a full refund for the products as follows:
a. You may cancel your order within 5 working days of the date on which you receive a copy of your order confirmation from us.
b. You may notify us in person through a sales representative or by telephone, email or post, of your intention to cancel.
c. If you cancel, you must call our customer services team on 0800 466 334 to confirm arrangement for the collection of the products – you must take reasonable care of the products for up to 10 working days until they are collected by us.
3.2 The products should be in original packaging and unused.
4. Consumer protection: Consumer Guarantees Act 1993 (CGA), Fair Trading Act 1986 (FTA) and other statutory rights
We will supply products and services to you in accordance with our obligations at law and, in particular with the CGA and FTA. Should any products or services we supply to you fail to meet the statutory guarantees under the CGA or we are in breach of the CGA, FTA or other applicable law in supplying the products or services, we will provide you with the remedies you are entitled to under the relevant law. Nothing in this Agreement, including under clause 5 below, limits your rights or your access to remedies from us, or limits our liability to you under the CGA or FTA or other applicable law.
This clause is only intended to apply where you are not entitled to remedies under the CGA, FTA or other applicable law. Where you are not entitled to remedies under the CGA, FTA or other applicable law, then our liability to you is limited to:
a. repairing or replacing faulty products; or
b. an amount equivalent to the purchase price of the products, where our liability arises directly or indirectly from any breach of our obligations under these terms and conditions,
and we will not be liable for any consequential, indirect or special damage or loss of any kind. Please contact us in the first instance by calling our customer services team on 0800 466 334 if you think your products are faulty or defective or that we otherwise have any liability to you.
Except as required under the CGA or FTA, we shall not be liable for any delay in supply or delivery occasioned by events beyond our reasonable control including strike, lock out, Act of God, delays in transit, legislative, governmental or other prohibitions or restrictions, fire, flood, hostilities or other causes beyond our reasonable control.
7. Property and Title in Products
The products remain our property, and title to the products will not pass to you, until all amounts due in respect of the relevant products have been paid in full.
8. Risk, Delivery and Damaged Products
8.1. You are responsible for the products, including for any damage to the products, from the time the products are delivered to you.
8.2. If products are damaged in transit, please notify us immediately by calling our Customer Service Centre on 0800 466 334 or email [firstname.lastname@example.org] so we can facilitate a replacement. If the parcel arrives and it is apparent that the packaging has sustained damage (e.g. physical or liquid) please try first to refuse delivery from the courier company citing damaged products.
8.3. Delivery shall be complete on arrival of the products at the address specified by you and we will not be liable for any items missing or damaged after they have been delivered to this address, except where:
a. you open the package after delivery and discover damage to a product inside the package that was not apparent on delivery; or
b. you open the package after delivery and discover a product is missing,
in each case you must call our customer services team on 0800 466 334 in the first instance. We may ask you to take a photo of the damaged product and the packing slip together with the number of products shipped (identifying that a product is missing), together with the original packaging and email this to [email@example.com] within one week of your receipt of the products. We may ask you for further proof that the products were damaged at the time of arrival.
8.4. In the case of damaged or incorrectly supplied products, we will arrange for a replacement or refund and meet our legal obligations under the CGA.
8.5. Risk shall pass to you on delivery of the products to the address supplied by you. You shall be responsible for any necessary assembly and installation.
8.6. We only supply to residential addresses within New Zealand. Please ensure that you confirm the correct delivery address for your order as we may not be able to change these details after the order has been placed. We do not take responsibility for orders that are missing due to incorrect information given by you. We will endeavor to deliver products within the agreed time frame but, to the extent permitted by law, we will not be liable for late delivery. Please notify us within 7 days following the dispatch date of your order if you have not received an item. Delivery charges and timescales vary depending on the type of product ordered and the location of the delivery address.
8.7. For customers in rural areas, where your order is being sent to a rural address, delivery of your order will be by a rural delivery courier. Please ensure that you check your mail box and your front door step within the next 3 working days for North Island and up to 5 working days for South Island, under normal circumstances. For larger items i.e. furniture or whiteware, these delivery times will not apply. Estimated delivery times can be confirmed by contacting us at firstname.lastname@example.org or calling our customer services team on 0800 466 334. Delivery time will generally not exceed 10 days for stocked product.
8.8. The rural delivery service does not offer receipt confirmation and a signature cannot be obtained. Please note, if your delivery goes missing, Home Express cannot pursue any entitlements to reclaim your item with the couriers. As an alternative your order can be delivered to a local pick up point for collection. Should you wish to send your order to a pick up point this will need to be confirmed at the time of placing your order. Please note that photo identification is required for orders retrieved from collection points.
8.9. For customers in suburban areas, delivery of your order, for stocked items, will normally be made to the address details on file within 3 working days for the North Island and up to 4 working days for the South Island. For larger items i.e. furniture or whiteware, these delivery times will not apply. Estimated delivery times can be confirmed by contacting us at [email@example.com] or calling our customer services team on 0800 466 334. Delivery time will generally not exceed 10 days. If no one is at home when the delivery is made the courier will leave a card for you to arrange to pick it up at their local office. Your order may be signed for by any individual at the delivery address on file and delivery can only be made to a physical address, not a P.O Box.
9. Products Not Available
Where the supply of your ordered product(s) is delayed or prevented for reasons beyond our control (for example transit delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such a delay. We will contact you to inform you of the delay and, if applicable, discuss whether any alternative products are available. Should you wish to cancel your order as a result of the delay we will refund the amounts you have paid for the relevant product.
10.1. If you are eligible for a refund in accordance with this Agreement and you purchased the relevant products in accordance with clause 2.1, we will process the refund using the same method of payment you used.
10.2. If you are eligible for a refund in accordance with this Agreement and you purchased the relevant products using a Lifestyle Money credit facility, your refund will be processed in accordance with the terms of your agreement with Lifestyle Money.
11.1. If you were sent the wrong products, or the products are faulty, then contact us by calling our customer services team on 0800 466 334 and we will exchange or replace your product (unless the fault cannot be remedied or is of a substantial character, in which case you have rights under the CGA to return the product for either a replacement or a refund). We will accept returns if you change your mind or if you chose the wrong size, but only if you return the product within 10 days of delivery, our returns form has been completed in full identifying the product and the original invoice number and the products are in the same condition in which they were originally delivered.
11.2. Where you return any products to us because you have changed your mind, or you chose the wrong size, or where the products are not defective or faulty, we reserve the right to charge you the full freight cost of the return of those products.
11.3. If you need to return a product for any reason, please call our customer services team on 0800 466 334 and we will confirm arrangements and advise if any charges are applicable.
Our products may come with a manufacturer’s warranty, in addition to your rights under the CGA. You should be aware that most manufacturer’s warranties, and your rights under the CGA, will not apply where:
a. the product has been incorrectly installed;
b. you or someone else has damaged the product;
c. the damage is caused by pests (i.e. cockroaches, rats etc.);
d. the product has been misused, not used for normal, domestic purposes or you have failed to follow any product user guide supplied with the product (including where you have failed to complete any required maintenance for the product such as software updates, regular cleaning or changing the filters);
e. the defects is caused by accident, neglect, misuse or an Act of God; or
f. you have repaired the product yourself or used a non-authorised repair agent without talking to us first. If the issue is not covered by the CGA or the warranty supplied with the product, we can arrange for a quote for the full repair cost to be submitted for your approval. There may be an assessment fee charged by the repair agent, and this will be payable by you should you choose to not proceed with the repair.
13. Collection of Customer Information
13.1. You authorise us to collect, retain and use your personal information that you give to us for the following purposes:
a. administering and enforcing this Agreement;
b. verify your identify;
c. assisting Lifestyle Money with managing any credit facilities it has in place, or may put in place, with you;
d. marketing and promoting our products and services to you; and
e. conducting market research.
13.2. We may collect your personal information through our website and app, this Agreement, and your calls with us, including telephone sales.
13.3. We record your calls with us, and we may use those recordings for training and for verification purposes.
13.4. If we need to verify your identity, we may collect personal information including your driver’s licence number, passport number or other identity information. We may disclose that personal information to third party providers to carry out such identity verification. We may carry out identity verification at any time during the term of your Agreement.
13.5. Information that you provide to us must be true, complete and correct.
13.6. You may decide not to provide some or all personal Information to us. However, if you do not provide it, we may not be able to provide our services to you. You may request access to, and ask for correction of, any personal information we hold about you at any time.
13.7. Where possible, we will collect personal information directly from you, but otherwise it may be provided by an authorised third party, including but not limited to, Lifestyle Money Limited.
14. Disclosure of Customer Information
14.1. We may provide your personal information to:
a. our employees, related companies, our agents and Lifestyle Money in the ordinary course of business, for any of the purposes noted in clause 13 above;
b. our financiers and any person to whom we may sell or assign any part of our business;
c. debt collection agencies or other contractors we may use to collect any debt owing to us in accordance with these terms and conditions and this Agreement; and
d. any other third party where we are required to do so by law.
14.2. You agree that Lifestyle Money may use your personal information we provide to it in accordance with this Agreement to send you marketing and promotional materials in relation to its products and services.
15.1. It is your responsibility to protect your Home Express account details and password/s. Home Express will not be liable if someone else uses your account details to access your account.
15.2. To safeguard your account details, including your password, do not share these with anyone else, or write these down anywhere that can be easily accessed by another person.
16.1. If you are not satisfied with the service you receive from us you should contact us. We have an internal complaints process and undertake to investigate your concerns promptly and fairly. You may contact us to make a complaint by telephone on free phone 0800 466 334, or by email on [firstname.lastname@example.org].
17.1. We shall not be deemed to have waived any right or condition under this Agreement unless the waiver is in writing. Any such waiver will apply only to the particular dealing in respect of which it was given and not operate as a variation or modification of this Agreement.
17.2. No delay by us in exercising all or any of our rights, remedies and powers as a result of a breach by you of any covenant, condition or agreement will operate as a waiver of the breach or prevent us from exercising at any time all or any such rights, remedies or powers.
We may vary the terms of this Agreement from time to time on reasonable notice, by updating the terms on our website. The varied terms and conditions will only apply to new orders placed after the date of variation.
SECTION B: DICTIONARY
“Agreement” means these terms and conditions.
“Home Express”, “we” or “us” means Home Direct Limited, including any of its operating divisions, and its successors and assigns.
“working day” means any day except for Saturdays, Sundays, national public holidays and days in the period commencing with 25 December in a year and ending with 2 January in the following year.
“You” means the person(s) placing an order with us.
All headings set out above are for convenience only, and do not affect the interpretation of the terms and conditions themselves.
References to parties are references to us and you.
References to any statute shall be deemed to be references to the statue as from time to time amended and includes provisions that substantially correspond to those referred to.