Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Rubber Tree Ltd., whose registered office is at 607 Rosebank Road, Auckland, New Zealand. Registered in New Zealand (No. 2246947) and in Australia (ABN 84 599 361 409) (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Suppliers website at the time you place your order. Every effort is made to describe and show representative images of products and colours. Colours may appear differently depending on your computer monitor.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Suppliers website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Suppliers website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 If delivery cannot be made to your address for reasons under the Suppliers control the Supplier will inform you as soon as possible.
4.3 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.3.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.3.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.4 If you fail to take delivery because you have cancelled your contract (see 6.1) the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. 4.6 If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
5.1 The goods are at your risk from the time of delivery. Should you suspect that your product has been damaged in transit for any reason, inspect the items before signing for them. Once the goods are signed for, claims for refund(s) (part or whole) and/or replacement(s) as a result of products damaged in transit cannot be accepted.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Your right of cancellation
6.1 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the contact section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.2 It must be understood that Tailored Car Mat Sets, Car Boot Liners, Tailored Seat Covers and some Ute Accessories will be manufactured specifically for you to your exacting requirements and will, therefore, be unique to you and your vehicle/model. In this instance, we cannot accept any returns of these particular products, unless subject to 6.3.
6.3 Except in the case of faulty goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty goods we shall, after receiving notification in accordance with clause 6.3 or 6.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
6.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5 In the case of goods being paid for by credit or debit card, a 5% credit card transaction fee will apply to refunds as a result of cancellations.
6.6 Except in the case of faulty goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.1 All goods supplied by the Supplier are warranted free from manufacture defects for a minimum of 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, or any alteration or repair carried out without the Suppliers approval.
7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing immediately (See 5.1).
7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the contact section of the website, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
8. Reseller "In Trade"
New Zealand Law requires companies trading online to clearly declare their status as an online trader. The Supplier is a Limited Liability Company registered in New Zealand and Australia and is in trade. As such all purchases made through but not limited to the Supplier's website are covered by The Fair Trading Act and Consumer Guarantees Act.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Suppliers negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. Data Protection The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11. Images Product images are for illustrative purposes only and may differ from the actual product.