Terms and Conditions of Supply
These terms and conditions (together with any documents referred to in them) set out the terms upon which we supply any of the products (the “Products”) listed on our website at zozoliving.com (our “Website”) to you. Please read these terms and conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. Information about us
This Website is operated by ZOZO Living Limited (“we”). We are registered in New Zealand under company number 1988173 with our registered office at 3/260 Hibiscus Coast Highway, Orewa 0931, New Zealand. Our GST number is 97-952-124.
2. How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. You may also receive an e-mail from our payment service provider confirming that your payment has been processed. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched. The contract between us (the “Contract”) will only be formed when we send you a dispatch confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. The Contract between us will consist of (a) your order, (b) our Dispatch Confirmation and (c) these terms and conditions. We will not file the concluded contract between us online and you should therefore print out and retain copies of each element of the Contract. We can only conclude the Contract with you in English and not in any other language. If we (in our absolute discretion) decline to accept all or part of your order we will notify you as soon as possible and refund to you the price paid by you for the Products in question.
3. Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 7 days of the date of the Dispatch Confirmation, unless exceptional circumstances apply. Delivery will be via our own preferred transport company.
4. Risk and Title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when on dispatch provided we have received full payment of all sums due in respect of the Products, including delivery charges if applicable.
5. Price and Payment
The price of any Products will be as quoted on our Website from time to time, (except in cases of obvious error). Unless otherwise stated, prices are exclusive of New Zealand GST and delivery costs. For delivery costs please see above. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. Where a Product is incorrectly priced, we will, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at an incorrect price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit card or Interbank Transfers. We accept payment with Master Card and Visa. For Telegraphic Transfer/Interbank Transfers, please make payment in NZ$ in favour of:
Payee: ZOZO Living Limited
Bank Name & No: Bank of New Zealand, 02
Branch Name & No: Whangaparaoa, 1298
Account Number: 0036974-000
SWIFT: BKNZNZ22100
6. Consumer Cancellation Rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see paragraph 8 below). To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. The following products are supplied to your specification and are exempt from the cancellation rights under this paragraph 6: Wall decals in custom colour schemes or dimensions. From time to time other Products may be exempt from the cancellation rights set out in this paragraph 6. Where applicable, this will be indicated with the relevant product information posted on this Website.
7. Defective Products
We warrant to you that any Product purchased from us through our Website is of satisfactory quality and agree to replace any defective Product (subject to availability) or to refund the price paid for any defective Product in full in accordance with our Refunds Policy (see paragraph 8 below). It is your responsibility to inspect any Product purchased for defects upon delivery and before using or altering the Product in any way. We will not be liable under this paragraph 7 unless you notify us of the defect in writing within seven (7) days of delivery and return the faulty Product to us immediately thereafter, in the same condition as you received it. Replacements and refunds will provided in all other circumstances at our discretion. We cannot accept responsibility for any defect, damage or deterioration to any Product caused by accidental damage after delivery, any failure to follow the manufacturers' instructions or recommendations relating to the use, care, cleaning or maintenance of the Product or by normal wear and tear.
8. Our Refunds Policy
When you return a Product to us (because you have cancelled the Contract between us, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Products returned by you within the seven-day cooling-off period (see paragraph 6 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
9. Our Liability
Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You are advised not to book decorators or other tradespersons until the Products have been delivered and inspected by you. We cannot accept liability for any labour costs incurred or wasted by you as a result of any delay or failure to supply any Products or which result from the supply of any defective Products. Nothing in these terms and conditions shall limit in any way our liability (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. Your statutory rights as a consumer are not affected by these terms and conditions.
10. Import Duty
If you order Products from our Website for delivery outside New Zealand, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Notices
All notices given by you to us must be given to ZOZO Living Limited at info@zozoliving.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of Rights and Obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
16. Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18. Our rights to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you.
19. Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by New Zealand law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.
