Shopping online isnt quite the same as shopping bricks and mortar, but we want you to feel the same security. We are happy to offer is a no questions asked, should any goods be faulty they will be replaced or refunded. You are automatially covered for possible defection issues under the consumer
guarantees act, and we are more than happy to honor our end of the bargain. We believe in repair, replace or refund to provide the best outcomes in the unlikely event of there being a problem.
Terms and Conditions
These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with Marigold & Amber (“Our”, “Us”, “We”, or Marigold & Amber) by you (“You” or “Customer”) constitutes your agreement to be bound by these terms. Any additional or different
terms you stipulate or state in any communication with Marigold & Amber (including an order) are hereby objected to and will not bind Marigold & Amber unless Marigold & Amber agrees in writing.
1. Sales and Purchase
1.1 Your placement of an order with us (“Order”) constitutes an offer by you to purchase goods from us on these terms. The Order is placed when it is submitted to us.
1.2 The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or displaying a confirmation on our website. Delivery of goods constitutes notice of our acceptance of the order.
1.3 Unless otherwise agreed in writing with Marigold & Amber you must not purchase goods from us for the purpose of resale. Marigold & Amber reserves the right to reject any Order for any reason whatsoever including where Marigold & Amber believes that the goods are being acquired for the purpose of resale.
1.4 If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
2. Price and price variation
2.1 Prices quoted are including GST unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of order. We may change our prices from time to time without notice. Prices do not include any delivery fees. We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order.
2.2 Marigold & Amber shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to Marigold & Amber of carrying out the whole or any part of the contract arising from any of the following:
(a) Delays in delivery or installation of the goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer’s failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond Marigold & Ambers control
(b) Variation in the cost of Marigold & Amber acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
(c) Variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(d) Any correction of errors or omissions on the part of Marigold & Amber or any of its representatives.
3.1 Marigold & Amber reserves the right to suspend delivery of further goods if the terms of payment are not strictly adhered to by the Customer.
3.2 Any expenses, costs or disbursements incurred by Marigold & Amber in recovering any outstanding monies including debt collection agency fees or solicitor & costs shall be paid by the customer.
3.3 You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
4.1 Marigold & Amber shall deliver the goods to the address stated on the order.
4.2 Marigold & Amber shall deliver the goods by such carrier and such form of transport Marigold & Amber consider to be appropriate.
4.3 The Customer agrees to inform Marigold & Amber within 14 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with Marigold & Amber for proof of delivery.
4.4 Marigold & Amber will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Marigold & Amber’s control. Marigold & Amber shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
5. Privacy Act 1993
5.1 The Customer authorises Marigold & Amber to collect, retain, and use personal information about the Customer (including the information collected in this document) for marketing goods and services provided by Marigold & Amber to the Customer.
6. Return of Goods
6.1 Subject to clause 9.1, Marigold & Amber will not accept the return of goods for credit or any other purpose unless Marigold & Amber agrees to accept the return of the goods and advise the customer a return advice number prior to the return of goods. Return of goods will only be
accepted for credit within 14 days of delivery, unless due to Marigold & Amber’s error. Marigold & Amber reserves the right to charge for returned goods, excepting for when there has been an error on Marigold & Amber’s part.
6.2 No returned goods shall be accepted by Marigold & Amber (even if Marigold & Amber agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to in clause 7.1. Where goods are returned to Marigold & Amber but not accepted as above, they shall be returned to you at your expense.
7.1 Risk in the goods shall pass to you at the time when our obligations under the contract are deemed under clause 4 to be completed.
8.1 Marigold & Amber offers a money-back guarantee on most products purchased and returned within 14 days of delivery in the original condition and packaging. This money-back guarantee excludes goods expressly sold on a non-return basis and non-standard products sourced specifically for you. Delivery charges will not be refunded and in some instances you may be charged for collection.
Defective / non-conforming goods
8.2 Subject to the money-back guarantee in clause 10.1, in accordance with the Consumer Guarantees Act 1993 applies to this contract:
(a) if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Marigold & Amber will repair or replace those goods;
(b) without excluding Marigold & Amber’s obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that Marigold & Amber does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Marigold & Amber in writing.
8.3 subject to the money-back guarantee in clause 10.1, the following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) defective goods or goods which do not comply with the contract may at Marigold & Amber’s discretion be repaired or replaced, or the price refunded.
(b) any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
(i) the Customer notifies Marigold & Amber in writing within fourteen days following delivery and Marigold & Amber is given the opportunity to inspect the goods; and
(ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
(c) Marigold & Amber will not repair or replace, or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
(d) Marigold & Amber accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
(i) any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
(ii) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Marigold & Amber in writing; or
(iii) any services forming part of the supply of the goods which have been performed by any third party; and the Customer agrees to indemnify Marigold & Amber against any such claim.
(e) in any event, Marigold & Amber’s liability under any claim shall not exceed the price of the goods.
8.4 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
9. Governing Law
9.1 These terms of trade are governed by the laws of New Zealand.