Terms & Conditions

Terms and Conditions

The terms of conditions of sale set out below govern all of the supplies of goods and services from The Hardware Store Ltd “we”, “us”, “our”) to the customer (“you”). They will replace any terms and conditions contained in any document used by you and purporting to have contractual effect, and you acceptance of any goods or services from The Hardware Store Ltd indicates your acceptance of these terms of conditions of sale.

Price and Quotations

All prices (unless specified) Include GST. Freight is extra. Unless otherwise agreed in writing. The price of the goods will be the current price on the day of delivery of the goods.
Prices may be altered without notice; The Hardware Store reserves the rights to alter its prices at any time and to pass on any cost increases outside its control including exchange fluctuations which arise between date of acceptance of order and date of delivery.
The purchase price is for goods supplied and is exclusive of installation and maintenance.
Purchase prices are given in New Zealand Dollars.
You agree to pay goods and services tax and any other government duties, levies or taxes in respect of the goods or services.
You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order which we subsequently accept.

Payment

Payment must be made prior to delivery of your order, unless we agree otherwise in writing.
Payment methods available for purchasing online with this store are Polipay, Bank Transfer and Credit Card - Visa, Mastercard, Debit
card Via Paypal's secure and encrypted Gateway so that your Credit card information is safe and for New Zealand customers there is also the option of using your own online banking.
Payment processing services offered via the Site are outsourced to third party providers. If we do not receive or are unable to successfully process payment in full for your order for any reason, We will cancel your order.
If you choose to pay by Visa or MasterCard credit card or debit card, you authorise Us to debit the amount that is payable for an accepted order from your nominated card.
You will be required to provide Us (actually Paypal) with the following details on your Visa or MasterCard; card type, name on card, card number, 3-digit card verification value (CVV2) and the card expiry date.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means

Orders, Delivery and Risk

We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We also reserve the right at anytime after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
You are responsible for insurance and risk in the Products from the earlier of the time they are received by a carrier for delivery to you or the time they are collected by you or your agent.
Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.
All freight charges shall be at your cost unless otherwise agreed and stated.
We will make every effort to ensure delivery of Products, or performance of services, is on time, but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance does not entitle you to cancel any order.
Where you ask us to deliver goods directly to another person, that person takes possession of the goods for you as your agent, and you are still directly responsible to us under these terms of trade.
Any claims for shortage or damage during delivery must be made to the carrier within 7 days of the date of delivery. Where goods appear to be damaged or missing you must contact the carrier and us immediately.

Errors or Omissions

The Hardware Store Ltd is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, pricing, invoice or acknowledgement. We shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We will notify you promptly of any error or omission discovered by us, and gives you the option of returning the goods for a full refund. O & OE Exempt.

Return Policy

All goods to be returned must have a Goods Return Authority issued by us. The issue of a Goods Return Authority does not guarantee that we will accept the return.
Non Faulty Returns will require a Goods Return Authority form within 7 days of delivery. The returned item must be in saleable, un-opened and resalable condition, and will be subject to a minimum 20% restocking fee. Freight charges will not be credited under any circumstances.
Products with missing accessories, damaged or no packaging cannot be returned, so please keep the packaging in the best condition you can. We do not accept any returns excess 14 days of delivery.
Faulty Returns will require a Goods Return Authority within 7 days of delivery. Refund will be given if the product is deemed faulty. If the faulty return is outside that period, then you should apply for normal warranty procedures. Freight charges will not be credited under any circumstances.
Software cannot be returned of Credit, this is due to copyright regulations.

Cancellation Policy

Cancellation of orders - Orders that have not yet been shipped can be cancelled and a full refund given. Shipping is not refundable on any orders shipped - so please make sure you have selected the right part first. We are here to help you in the selection process where we can.

Warranties

Goods are subject to the manufacturer’s warranties only. We will pass on the benefit of those warranties to you, without being directly liable to you under any warranty. Where goods are subject to a return to base warranty, you are responsible for returning them to us or the manufacturers (as provided by the warranty) and you may be responsible for additional cost including (but not limited to) freight.
Any warranty may be voided by unreasonable use, damage or misuse (including problems caused by misuse or damage after the goods have left The Hardware Store, negligent installation or operation, inadequate packaging, cleaning or maintenance, unauthorised repairs, modifications or the addition of hardware, software or consumables not supplied by us.
We do not undertake that repair facilities and parts will be available for the goods. We will not be liable to repair or replace any defective goods and at our own discretion we may:
- Notify the manufacturer of the goods of any defect notified by you;
- Request the manufacturer to repair or replace any defective goods.
Data loss is not covered under warranties, so we recommend that you undertake regular back ups on a separate storage medium (please note that such storage medium is not covered for by a loss of data warranty either).

Risk and ownership

Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.
While ownership of the goods remains with us:
You must store them separately or clearly identify them as belonging to us.
We authorise you in the ordinary course of your business to use the goods or sell them for full consideration. This authority is revoked from the earlier of the following:
we deem your credit to be unsatisfactory;
the occurrence of an Event of Default; or
the time that we notify you in writing that this authority is revoked.
We can enter the premises where the goods are stored and remove them without being responsible for any damage caused in doing so. We can resell any of the goods and apply the proceeds of sale in reduction of amounts you owe to us.
If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us. You will be entitled to the balance of the proceeds.
We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.

Consumer Guarantees Act 1993

Where the buyer is acquiring the product for the purpose of business then the Consumer Guarantees Act 1993 shall not apply.
In the event the buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Consumer Guarantees Act 1993, to the intent that no provisions shall any way limit the buyer's rights under the Act.

No liability

We shall not be liable for any delays or failure in complying with any obligation imposed on it under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by the Customer.

Should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on The Hardware Store Ltd for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
If we are unable to provide its obligation under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond its control, then we are released from the obligation under this agreement.

Variation

We reserve the right to modify and vary these terms and conditions at any time.

Governing Law

The contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.