Terms and Conditions
These Terms and Conditions governs the use of Lusty & Blundell’s Web Store Service. This Agreement can be accessed at any time from the footer of any page of the website.
General
- “Vendor” means Lusty & Blundell Ltd. and its agents, successors and assigns.
- “Buyer” means the person, firm, company or entity buying the Goods from the Vendor.
- “Goods” means all Goods the subject matter of any contract for purchase between the Vendor and Buyer, including where the context permits a resulting product into which the Goods are incorporated, manufactured or commingled that their identity is lost in the resulting product.
- Access to and use of the site, including ordering goods through the site via our dedicated Customer Portal, is governed by these terms and conditions.
- These terms and conditions are governed by the laws of New Zealand.
- The buyer agrees not to attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.
Terms of Trade
Lusty & Blundell owns and operates this website www.lusty-blundell.co.nz. Lusty & Blundell are located in New Zealand. Contact details for each individual store can be found by clicking here.
All orders are subject to and are not binding until their acceptance by the Vendor and, in the case of Goods not held in stock by the Vendor, confirmation by the Vendor. Notwithstanding any arrangement granting credit to the Buyer, the Vendor reserves the right to accept or decline acceptance of any order in its absolute discretion.
Where Goods are sold by description or by reference to a sample, the Vendor will use its best endeavours to supply Goods complying with such description or sample, however, the Vendor shall not be liable for any variation in the Goods including variations as to make, model, year or composition of the Goods.
Electronic Communications
When you visit Lusty and Blundell or send us emails, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email, or posting notices on our website. You agree that these communications satisfy any legal requirements that such communications be in writing. From time-to-time we will also send you electronic newsletters, you can unsubscribe from these at any time.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Lusty and Blundell or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Lusty and Blundell and protected by international copyright laws. All software used on this site is the property of Lusty and Blundell or its software suppliers and protected by international copyright laws.
Licence and Website Access
Lusty and Blundell grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Lusty and Blundell . This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Lusty and Blundell . You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lusty and Blundell and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Lusty and Blundell 's name or trademarks without the express written consent of Lusty and Blundell . Any unauthorised use terminates the permission or license granted by Lusty and Blundell . You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Lusty and Blundell so long as the link does not portray Lusty and Blundell , its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Lusty and Blundell logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Lusty and Blundell does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Lusty and Blundell only with involvement of a parent or guardian. Lusty and Blundell and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Product Availability
Products may be added to or removed from the website from time to time. While we do not accept liability for any loss arising, every effort will be made to keep the information up to date and accurate.
Pricing
All prices in the shopping areas for business customers are in New Zealand dollars (NZ$) and exclude GST (15% sales tax). Prices shown at the time of purchase are the prices you will pay. You must pay by Account terms, Mastercard or Visa. We will not accept cheques or cash on delivery.
In the event that payment is not received by the Payment Date default interest may be charged by the Vendor, at a rate equivalent to 11 percent per annum above the overdraft interest rate charged by the Vendor’s bankers and calculated on a daily basis on all moneys outstanding for the period during which the payment has been overdue until all moneys including default interest have been paid in full. All payments shall be applied first in payment of default interest (if any).
Cancellation
You cannot cancel your order once it has been placed. Please contact our sales team on 09 415 830, sales@lusty-blundell.co.nz or call your account manager.
Delivery
We will not deliver to a Post Office box or any address in which we deem suspicious. We ship our goods using a number of reputable courier companies. The Buyer shall pay all delivery and freight costs, charges, taxes or levies.
Generally, products are dispatched the next working day but may take up to 3 days to be delivered (dependening on delivery address, this could take up to 5 days for rural addresses). Please contact us if you have not received your product within this time. We will notify you if your product cannot be dispatched.
Delivery charges are added to your final invoice, and will depend on the weight of the product and the location of the delivery address – we will also charge base on the delivery time frame requested. Should your order incur an additional charge, we will advise you prior to processing your order. Should you feel that your goods do not arrive in good condition, please feel free to contact us.
All claims for errors or short delivery shall be made within 7 days of delivery. The Vendor will use its best endeavours to deliver Goods in the timeframes stipulated by the Buyer in its order, however, the Vendor shall not be liable for any loss to the Buyer caused by any delay and the Buyer shall not be entitled to cancel the order.
Risk of Loss
We are not responsible for loss or damage of goods that are delivered to an incorrect address. All items purchased from Lusty and Blundell are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
Lusty and Blundell and its affiliates attempt to be as accurate as possible. However, Lusty and Blundell does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Lusty and Blundell itself is not as described, your sole remedy is to return it in unused condition.
Returns and Refunds
Please choose carefully as we do not refund if you change your mind. At our discretion, we may accept returns within ten (10) days of being notified, and having received the appropriate documentation. Goods must meet these conditions:
- Goods must be unopened in their original packaging and in the same condition as when it left our premises.
- A Returned Goods Authority (RGA) form with original documentation that was supplied at the time of sale must be completed.
There is no guarantee that these goods will be accepted as a return or that a full refund will be given. We will work on a case-by-case basis.
If you discover any defect with your product, you may return the item you purchased in new condition for repair or replacement within 30 days of delivery. For faulty products we may, at our discretion, repair the product or provide a complete refund. We will notify you of the status of the replacement, repair or refund once we have received and processed the returned item. You can expect a refund in the same form of payment originally used for purchase within 10 business days of us receiving your return.
Note: All normally stocked products returned may incur a restocking fee of between 15%-25% of the purchase price. Returned indent products will incur a restocking fee of between 15%-25% of the purchase price, or at the very least, any cost incurred by Lusty & Blundell to return the stock to the supplier if they are agreeable.
Warranties
When choosing our range, the best of care goes into sourcing suitable pieces for you to enjoy for a reasonable amount of time. Under our guarantee, faulty items that meet our conditions of care and use will be repaired, replaced or a refund will be issued at Lusty & Blundell’s discretion. Some warranties will be dictated by our supplier agreements.
Lusty & Blundell will repair or replace any goods which fail to comply with Consumer Guarantees Act 1993. Our warranties may cover manufacturing defects, please note that the guarantee does not cover faults arising from:
- Normal wear and tear
- Accidental damage or mistreatment
Warranty does not cover indirect or consequential damage resulting from the defects or inaccuracy or inoperativeness of the product.
Service Job Requests
All Lusty & Blundell service requests, for the repair of products, must have a completed service request form attached to it. Completing the form does not mean that Lusty & Blundell accep the service work. Service work is only accepted once we have been in contact with confirmation. There is a minimum inspection fee of $50 plus GST once a job has been accepted (this covers 30min of labour). Further terms of this service can be viewed here.
Limitation of Liability
Lusty and Blundell are not liable for any direct, indirect, special, incidental or consequential damages or loss of profit arising out of the use, or the inability to use, the products on this site. This includes but is not limited to the loss of data or loss of profit, even if Lusty and Blundell was advised of the possibility of such damages.
Disclaimer
This Web Store Service provides general information about Lusty and Blundell and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about Lusty & Blundell, the services and products they offer. Lusty and Blundell reserves the right to change, delete or move any of the material on the Web Store Service at any time without notice.
These Terms and Conditions were last updated: 26 May 2020