Terms & Conditions
Pricing
The price for the goods will be as stipulated on the website at the time when you place your order. We are entitled to make adjustments to the price with no notice to take account of any increase in our supplier's prices, the imposition of any new taxes or duties or in accordance to our pricing policy.
Personal Details
For as long as you are registered with us we will hold some of your personal details on our computer system.
From time to time, our customer service representatives will have access to some of your personal details in order to process your purchase and/or to maintain your account. However, our staff will never have access to the whole of your credit/debit card number and you will never be asked to confirm or give out any of your card details by email. Even if you are registered with us, our system will never record any of your card details in our database other than to process your order.
Keeping in Touch
If you are registered with us we may occasionally contact you with information about products which we feel are likely to be of interest to you.
These recommendations may be made as a result of information we hold about you, or may be based on recent purchases you have made on our site. You can unsubscribe at any time.
Third Party Communications
You can feel confident of total security when registering your details on our site, since we will never pass your email address or any of your personal details on to any other companies.
Newsletter
When you place an order, you will be signed up to our database. You can unsubcribe at any time on the newsletter footer, or by emailing us at info@BrollySheets.co.nz and having a subject line of: "Unsubscribe Please".
Payment and Taxes
We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card account.
We accept online payment in a secure environment by credit card. We currently accept Visa, MasterCard and Pay Pal. All prices quoted on this web site are accurate at the time of going to press.
Terms and Conditions of Sale
The following terms and conditions for the sale of goods ('The Conditions') will govern all contracts for sale that we enter into with you, the Customer, to the exclusion of all other terms and conditions. Please read these Conditions carefully.
These Conditions do not affect your statutory rights.
- We will happily treat each order for goods as an offer by you to purchase the goods subject to these Conditions. You are deemed to accept the Conditions when you place an order for goods with us. The email response sent to you to acknowledge receipt of your order does not constitute acceptance of it. Your offer is accepted and our contract begins with you, our valued customer, when the goods are dispatched.
- Your order for goods is subject to availability. If we are unable to supply goods to you for any reason we will try to inform you of the situation and refund any monies paid. If your goods are not available for more than 28 days we will endeavour to contact you and offer you a refund. If, however, you have not received your goods after 14 days and we have not contacted you, please contact customer services department.
Terms & Conditions of Sales & Promotions
Orders placed during a sale cannot be added to or amended to once the sale is complete. Coupon or Promotional codes and other discounts cannot be used in conjunction with an online sale. Only one Coupon or Promotional code can be used per order.
For Gift with Purchase Promotions: Free gift cannot be received in conjunction with any coupon discounts. One gift per order. Gift threshold does not include freight costs. Whilst stocks last.
For Spend and Save Promotions: $100 or $200 order threshold does not include freight costs. Cannot be used in conjunction with any other offer.
Terms & Conditions of Competitions
In deciding the winner for any competition run by Brolly Sheets our decision is final. Brolly Sheets Ltd reserves the right to expel anyone from the competition for not adhering to the conditions. Prizes will be delivered up to four weeks after the competition has closed for more information please contact info@brollysheets.com. By entering a competition online, you accept the terms and conditions outlined here and within the community guidelines.
If Brolly Sheets is unable to contact the winner of a prize within 7 days, after making reasonable attempts via the contact information provided, a new winner will be drawn and the previous winner will no have rights to the prize. No negotiation will be entered into.
Newsletter Sign Up Competition
By entering our competitions you are agreeing to sign up to our newsletter list. You need to be subscribed when the winner is drawn and can unsubscribe at any time. The winner is drawn at random. Prizes cannot be transferred for cash or exchanged. The winner will be emailed and recorded on our website. You will have 5 business days to confirm you are the winner, after that the prize may be redrawn. No correspondence will be entered into once the winners are announced our site.
Winners are drawn once every three months (once per quarter) randomly from those subscribers who have joined our mailing list. Winners will be notified via email and provided with a voucher code for the relevant website which they signed up through. Prizes are not redeemable for cash and must be used withing the stipulated date range. Voucher cannot be used with any other offer.
Terms and Conditions of Use
Proprietary Rights and Licences: All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our web site or is part of our services, is protected by our and their copyrights, trade marks, service marks, patents or other proprietary rights and laws.
We own or are licensed to use all intellectual property rights (including all copyrights, patents, trade marks and trade secrets) in connection with and in all versions of the web site and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by users of the web site and services. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
When you transmit or post any material to or on our web site or Facebook Page, you grant to us non-exclusive, world wide, perpetual, royalty free licence under your copyright and other intellectual property rights to use or display or distribute that material in any way without any duty at all to account to you.
Limitation of Liability
To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the web site; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions) or other terms and conditions that relate to our other goods and/ or services we provide; (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties.
You agree that in no event will our liability arising out of or in respect of these terms and conditions exceed NZD $1,000 or £UK 1,000 and that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever, whether or not arising from any negligence on our part.
Trade Mark Information
Brolly Sheets and the umbrella device are registered trademarks.
Advertisements and Promotions
We may use our web site or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us.
External Links
We may provide or third parties may provide links or other web sites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those web sites. We are not responsible for the availability of these web sites, nor will we be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
Disclaimer of Warranties: You agree that
- your use of the web site and our services is at your sole risk. The web site and services are provided on an as is and as available basis. We expressly disclaim all conditions of any kind, including but not limited to conditions of title, fitness for a particular purpose, satisfactory quality and non-infringement of proprietary or third party rights;
- to the extent that it is lawfully possible to do so, we make no warranty that (a) the web site and our services and/ or any information will meet your requirements, (b) your access to and use of the services will be error-free, (c) any errors or inaccuracies will be corrected. Further, if your use of the web site results in the need for servicing or replacing equipment or data, this will not be at our risk and expense;
- no advice or information, whether oral or written, obtained by you through or from the web site or from our services will create any warranty not expressly stated in these terms and conditions. Any advice and information on our site is our own opinion. It is intended for you to find and share answers, not to replace your health professionals’ advice.
If you have any questions about the above, please contact us .
Indemnity
You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our web site or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).
You may view, use, download and store the material on this website for personal and research use only. Commercial use of the material on this website is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties without our prior written consent is prohibited.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Accuracy of Information
The information in this website is given in good faith. It is subject to change without notice. We are not responsible for any inaccuracies and make no representation and give no warranty as to its accuracy.
The information in this website is our thoughts and ideas and does not constitute any form of advice or recommendation.
Liability
- We do not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.
- Except as specifically stated on this website, to the fullest extent permitted at law, neither Brolly Sheets LTD or Brolly Sheets UK LTD nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Brolly Sheets LTD and Brolly Sheets UK LTD does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Brolly Sheets LTD and Brolly Sheets UK LTD, its affiliates, directors, employees or other representatives.
- We will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or reliance on any information or other materials contained in this website, including, without limitation, as a result of any computer virus or any errors in the content of this website or any communication from us regarding the same.
- These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
Complete Agreement
These terms and conditions (including the 'Privacy Statement') contain all the terms which you have agreed with us in relation to the use of the website.
Jurisdiction and acceptance of these terms and conditions
This website is controlled and operated by us from our offices in New Zealand. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by New Zealand law. New Zealand courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
Your continued use of this website indicates your acceptance of these terms and conditions.
Disclaimer
TO THE FULLEST EXTENT PERMITTED AT LAW, BROLLY SHEETS LIMITED IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BROLLY SHEETS LTD AND BROLLY SHEETS UK LTD DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
Price and availability information is subject to change without notice.
Acceptance of order
We will notify you of our acceptance of your offer to purchase by email shortly after we receive it and at that point a binding agreement between us will be in place on these terms and conditions*. If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order.
*but subject to our right to withdraw such acceptance where your offer relates to goods that have been priced below that which we intended.
General
These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our web site and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently).
Data and certain other information you provide is subject to the term of our Privacy Statement. If any of these terms and conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services. These terms and conditions are subject to change at any time without prior notice to you. Any such change shall not affect any contract subsisting between us at the time of such change.
Company registration details
Brolly Sheets LTD
Registered in New Zealand number: 2120563
Registered : 17 April 2008
Registered Office: 69a Victoria Road, Devonport, Auckland, New Zealand
