Conditions of Use

CONDITIONS OF USE

1. General
   1. rubbertree.co.nz (the "website") is a shopping website where you can browse, select and order products from Majestic Textiles Limited trading as Rubbertree ("we”, “us” and “our”)
   2. Your access to and use of the website, including your order of products through the website, is governed by these terms and conditions.
2. Compliance
   1. You agree to be bound by, and comply with, these terms and conditions.
   2. You agree to comply with all relevant laws relating to your use of the website and when placing any order through the website.
3. Placing An Order For Products
   1. You may order products by selecting and submitting the order through the website in accordance with these terms and conditions.
   2. Any order placed through this website for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes if applicable) at the time you place the order. When you order a product from us, this constitutes an offer by you to buy those products in accordance with these terms and conditions.  Our acceptance of your order occurs (and the contract is formed) when the goods are dispatched to you.
   3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the website.
   4. You agree to provide us with current, complete and accurate details when asked to do so.
4. Acceptance or Rejection of an Order
   1. In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the website.
   2. For each order accepted by us, we will:
      1. supply the products in that order to you in accordance with these terms and conditions; and
      2. provide you with an email confirmation of that order.
   3. If we reject an order placed through the website, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5. Back Orders
   1. If we determine that we do not have a particular product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant product ("Back Ordered Products"). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
6. Delivery of Products
   1. We will only deliver products ordered through the website to a location where we provide delivery services.
   2. You may obtain further information on the website about our delivery timeframes and how we deliver certain products.
   3. You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the website.
   4. We also recommend that you be present to accept the delivery of your order if you have paid by credit card.
   5. We may require the person accepting the delivery of your order to provide us with proof of that person's identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
   6. You acknowledge and agree that any person at the delivery address who receives the products is authorized by you to receive your order.
7. Risk and Title
   1. Risk and title to the products passes to you on the date and time of delivery to the delivery address.
8. Fees and Charges
   1. We will charge you, and you agree to pay, the purchase price of each product that is ordered.
   2. All fees and charges identified in these terms and conditions and all prices for the products are in New Zealand dollars (NZD) and include GST where applicable.
   3. The purchase price of each product is shown on the product list on the website at the time you place your order. The purchase price of a product on the website may not be the same or correspond to the prices in any of our stores for the same product and we are not obliged to match any prices.
   4. Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions once we have accepted your order, we will not change any prices that apply to the products in that order.
   5. Any promotions or discounts available for any products sold are limited to one only discount/promotion at any one time. No promotion can be used in conjunction with any other discount offer. 
9. Payment Methods
   1. You may pay the fees and charges for an accepted order using the following payment methods:
      1. the following credit cards:
         1. Visa
         2. Visa Debit
         3. MasterCard
         4. AMEX

(v)              Afterpay

(vi)             Paypal

9. 1. 2. direct deposit as set out in clauses 9.3 and 9.4 below.
   2. If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.
   3. If you have chosen to use direct deposit to pay the fees and charges for the order that has been accepted by us, details of our account details will be provided in our checkout process regarding where and how the fees and charges need to be deposited.
   4. Once you have deposited the amount for the fees and charges for your order, then you will then need to contact orders@rubbertree.co.nz to complete the payment process. We ask that you provide us with the details of the order, the date deposited, the amount deposited, the customer number and the email address of your account to enable us to apply the direct deposit to your order that we accept. If you wish to use this payment method, you must allow at least 48 hours for confirmation of your payment. If you do not deposit the relevant amount for your order into our nominated account within 5 business days of the date of the order, then we will contact you. If you notify us at that time that you have not deposited the relevant amount for your order, then we can at your request cancel the order or agree other arrangements. We may however, need to cancel your order if we cannot agree other arrangements.
   5. If you choose to pay by credit card, you authorize us to debit the amount that is payable for an accepted order from your nominated credit card.
   6. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means
   7. We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.
   8. All prices quoted are in NZD.
   9. All transactions will be charged in NZD regardless of what the currency converter states.
10. Damaged Products and Returns
    1. You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us through our Customer Service. If you notice damage to a product after delivery, you should notify us within 30 days of delivery. If so, you may return the product to us in accordance with this clause.
    2. If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, then you may return that product in accordance with our Returns Policy.
    3. Our Returns Policy is incorporated into these terms and conditions. You can view our Returns Policy here. You must provide us with the invoice we issued to you for your order to make a claim under our Returns Policy.  If you fail to do so, then we may not provide you with a refund.
    4. We will not refund the delivery fee (if applicable) where the products have been delivered to you, unless you are returning the product because it was damaged.
11. Liability
    1. Where you are acquiring our products for domestic or private use, we do not exclude or limit our liability under the Consumer Guarantees Act 1993.
    2. If you are acquiring  our products for any commercial, business or resale purpose then:
       1. we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
       2. we exclude all implied terms and warranties whether statutory or otherwise, relating to the products.
    3. Where any law implies in these terms and conditions any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in these terms and conditions.  However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
       1. the replacement of the goods;
       2. the supply of equivalent goods;
       3. the payment of the cost of replacing the goods (or of acquiring equivalent goods); or
       4. the payment of the cost of having the goods repaired.
    4. Our liability to you for loss or damage of any kind arising out of these terms and conditions  or in connection with the relationship established by them is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
    5. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
12. Termination
    1. We may immediately suspend, terminate or limit your access to and use of the website and (where relevant) your account if:
       1. you breach these terms and conditions and:
          1. the breach cannot be remedied; or
          2. you fail to the remedy the breach within 10 days of our notice to you of that breach; or
       2. there is an emergency.
    2. We may stop making the website (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
13. Changes to these terms and conditions
    1. We may amend these terms and conditions from time to time so we recommend that you read these terms and conditions carefully each time you agree to them during the ordering process.
    2. We will not change any terms and conditions for an existing order that has been accepted by us. The terms and conditions that will apply to the order are the terms and conditions that applied at the time you place your order.
14. Privacy
    1. We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 2020. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy. You can view our Privacy Policy here.
    2. We will collect your personal information through your use of the website or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
       1. for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the website;
       2. with, to and from third parties who provide services to us in relation to online shopping. These may include delivery service providers and organizations that assist us to check for or prevent unauthorized or fraudulent transactions; and
       3. for other purposes to which you consent to (either express or inferred consent).
    3. You may access your personal information, by logging into your registered account or by contacting us.
15. General
    1. You agree not to attempt to change, add to, remove, deface, hack or otherwise interfere with the website or any material or content displayed on the website.
    2. If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these terms and conditions or is contrary to public policy.
    3. These terms and conditions are governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand.