Terms and Conditions
These terms and conditions shall govern your use of our website. By using our website, you acknowledge that you have read, understood and that you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
Copyright (c) 2016 Sage Lifestyle Limited.
Subject to the express provisions of these terms and conditions:
We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website;
All the copyright and other intellectual property rights in our website and the material on our website are reserved; and
Any use of materials on this site including reproduction for any purpose, modification, distribution, or republication, without prior written permission of the company is strictly prohibited.
This website is provided “as is” without any representations or warranties, express or implied. Sage Lifestyle Limited makes no representations or warranties in relation to this website or the information and materials provided on this website. Sage Lifestyle Limited is not liable to you in relation to the contents of or use of or otherwise in connection with, this website for any direct loss; any indirect, special or consequential loss or punitive damages; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. We may revise this disclaimer from time to time. The revised disclaimer will apply to the use of our website from the date of the publication of the revised disclaimer on our website. If any provisions of this website disclaimer are or are found to be, unenforceable under applicable law that will not affect the enforceability of the other provisions of this website disclaimer.
To the extent our website contains links to third party websites you acknowledge and accept that we are not responsible for the availability of or the content on or available through these third party websites.
Unauthorised Use of Website
You must not:
(a) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) Access or otherwise interact with our website using any robot, spider or other automated means;
(g) Use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
“Seller” refers to Sage Lifestyle Limited and its successors and assigns.
“Buyer” refers to any person or legal entity purchasing from the Seller and includes any person acting on behalf of and with the authority of the Buyer.
“Invoice Amount” means the purchase price of the goods purchased, plus freight, GST and any other taxes and duties required by law. Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Invoice Amount.
“Delivery Docket” means packing slip, delivery documentation, carrier’s note or similar that accompanies the goods purchased on delivery.
“Order” means an order for the purchase of goods received by the Seller by way of the Sage Lifestyle web shopping cart and checkout process, by email to Sage Lifestyle or otherwise in writing to Sage Lifestyle. Verbal orders must be supported by written confirmation before they will be processed.
The Buyer must provide all required information on the Seller’s website checkout process including name, email address and payment details or the Seller may not be able to process the Buyer’s Order.
“Order Only Basis” means products which are not carried in stock by the Seller but that are made available on an order-by-order basis only where on submission of an Order by the Buyer and payment of the Invoice Amount, the Seller places the Order with the manufacturer or supplier. While the Seller will make its best endeavours to estimate the manufacture and delivery time, these can vary and cannot be guaranteed.
The Seller’s website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the Buyer orders products from the Seller, this constitutes an offer from the Buyer to buy those products in accordance with these Terms and Conditions. Any instructions received by the Seller from the Buyer for the supply of goods constitutes acceptance of the Terms and conditions contained herein.
These Terms and Conditions are irrevocable (other than in writing by the Seller) and prevail over any terms contained in any order or offer made by the Buyer or in any other document used by the Buyer (which shall have no effect).
The descriptions, illustrations and performances contained in catalogues, the Seller’s website, other advertising material and price lists do not form part of the contract of sale of the products.
The Buyer undertakes to give the Seller not less than seven days prior written notice of any proposed change in the Buyer’s name and/or any other change in the Buyer’s details (including but not limited to, changes in the Buyer’s address, facsimile number, or business practice).
The Seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the Buyer. If the Seller rejects the Buyer’s Order (or part of the Order), the Seller will refund any money paid by the Buyer in relation to that Order or the part of the Order that has been rejected. The Seller shall have no further liability to the Buyer in relation to the rejected Order or rejected part of the Order.
At the Sellers sole discretion the Buyer may subject to confirmation by the Seller in writing that it has applied its discretion, cancel delivery of goods. In the event that the Buyer is permitted to cancel delivery of goods the Buyer shall be liable for any costs incurred by the Seller up to the time of cancellation including credit card charges and fees. The Seller also has the right to retain the deposit paid for Orders that have been subsequently cancelled in accordance with these Terms and Conditions.
Availability of Products
All Orders are subject to the availability of products. If for any reason a product is not available or has gone out of production the Seller will endeavour to notify of the non-availability on the Seller’s website. The Seller may revise the range or specification of any product at any time without notice to the Buyer.
A number of the Seller’s products may be made available on an Order Only Basis. In this event the Seller’s best estimate of the manufacture and delivery time will be identified on the Seller’s website. Actual manufacture and delivery times may vary from these estimates and the Buyer’s submission of an Order is acceptance of this.
Prices that are displayed on our website are shown inclusive of GST. Other than where specifically stated to the contrary the prices for the products are stated and payable in New Zealand dollars (NZD). The Seller may vary any or all prices on the Seller’s website at any time without notice to the Buyer.
Prices and delivery charges are subject to New Zealand Goods and Services Tax (“GST”) at the then current rate levied by the Government. At the date of these Terms and Conditions the GST rate is 15%.
Prices do not include import fees, duties, tariffs, taxes (other than NZ GST) or other imposts or charges that may be payable in relation to the Buyer’s order. The Buyer is liable to pay all such charges that apply to the Order whether due to the Buyer being domiciled overseas or otherwise.
Omissions and Errors
The Seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. The Seller also reserves the right to correct any incorrect price or other information that is incorrectly displayed on the Seller’s website and also reserves the right to cancel the Buyer’s order (regardless of whether the Buyer has made payment for the Order) in these circumstances and to refund any amount paid by the Buyer in relation to the Order unless the Seller pays the corrected price. Return of goods provisions in these terms will apply if the goods have been delivered prior to the correction being made.
The Seller is constantly making modifications and improvements to its products, prices, and information displayed on its website. Although the Seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the Seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on the website.
The Seller relies on the information from its suppliers and product manufacturers so the descriptions, illustrations, photographs, and associated literature are not binding on the Seller. If the goods delivered do not match the description on the Seller’s website, the Buyer should inform the Seller immediately so that the Seller may take the appropriate action.
Consumer Guarantees Act 1993
Transactions that are the subject of these Terms and Conditions are subject to the provisions of the Consumer Guarantees Act 1993 other than where the Buyer is contracting within the terms of a trade or business or the Goods are purchased for on sale which cases are specifically excluded from the provisions of the Consumer Guarantees Act 1993 and the guarantees and remedies under the Act shall not apply to the supply of those products.
Delivery of Goods
The scheduled delivery date or delivery period for goods provided by the Seller is an estimate only and while made in good faith is not guaranteed. Any estimated delivery period will be from the date the Order is confirmed and the Invoice Amount has been received by the Seller in cleared funds. The delivery date or period is subject to the arrival of the goods from the Seller’s overseas suppliers and is subject to customs clearance. It may fluctuate by up to 4 weeks relative to the scheduled date in normal circumstances and longer in periods of disruption to global supply chains & local port operations.
If the Seller is unable to deliver the goods on or before the scheduled delivery date or within the estimated delivery period due to material shortages, manufacturing delays, shipping and transportation delays, custom clearance or quarantine, strike, Act of God or any other circumstances beyond the Seller’s control, the Seller is entitled to delay delivery beyond the scheduled delivery date or delivery period accordingly. The Seller shall not be liable to the Buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in the delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the Seller’s reasonable control.
The Seller reserves the right to deliver the Order in one batch or in instalments as products are available to be delivered. Failure to deliver any instalment will not entitle the Buyer to cancel the Order in relation to products already delivered.
The Seller is not liable for any loss or damage incurred by the Buyer whatsoever due to failure by the Seller to deliver the goods (or any of them) promptly or at all. Delivery will be deemed to be made when the goods are delivered to the Buyer’s address specified in the invoice or sales Order. The Buyer shall make all arrangements necessary to take delivery of the Goods at this address.
If the Buyer does not accept delivery of the goods when they are ready for delivery or the Seller is unable to effect delivery of the goods because the Buyer has not provided it with the correct instructions or authorisations or the delivery address is not ready to accept the goods then the Seller reserves the right to charge the Buyer a daily storage fee until the date the goods are delivered plus freight and any other costs incurred. Delivery of the goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
The Seller will not be responsible for any Order that is delivered in accordance with the Buyer’s instructions or damage to or loss of the Order arising as a consequence of the Buyer’s delivery instructions.
If the Seller is unable to effect delivery because the Buyer has not paid any outstanding portion of the Invoice Amount within 14 days of the due date, the Order will be cancelled and all monies paid to the Seller by the Buyer to that date will be forfeited without prejudice to any other rights or remedies the Seller may have against the Buyer.
Defects and Returns
The Buyer must inspect the goods on delivery and sign the Delivery Docket as acknowledgment that the goods have been received in the correct quantity and in good order and condition. If there is a shortage or visible damage to the outer packaging the Delivery Docket must be endorsed accordingly.
If there is damage to the goods that is not detected on delivery, the Buyer must inform the Seller in writing of the nature of the damage or defect within 7 days of delivery. The Buyer shall afford the Seller an opportunity to inspect the goods within a reasonable time following delivery if the Buyer believes the goods are damaged or defective in any way.
If the Buyer fails to comply with these provisions the goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
It is the Buyer’s responsibility to ensure that the goods meet the Buyer’s requirements and are fit for the Buyer’s purpose including but not limited to use, size, colour, design, finish and dimensions of the goods. The Buyer shall not be entitled to return the goods or cancel the Order for reasons of a change in circumstance, change of mind or on the basis the goods no longer meet the Buyer’s purpose.
Manufacturers' warranties will not apply if the goods have been subject to abnormal wear and tear, or have been repaired by the Buyer or in any way modified or tampered with by or at the instruction of the Buyer including being upholstered, stained or coloured by a third party. Manufacturers' warranties do not apply to any goods sold as seconds, floor stock, clearance or sale items or any defective goods where the defect has been brought to the attention of the Buyer prior to purchase.
In respect of defective goods which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to (at the Seller’s discretion) either repairing or replacing the goods or rebating the amount paid by the Buyer to that date provided that:
the Buyer has complied with the provisions of these Terms and Conditions;
the Seller will not be liable for goods which have not been stored or used in a proper manner; and
The goods are returned at the Buyer’s expense in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
All catalogues, photographs, brochures and images provided by the Seller are for illustrative purposes only. Colours of fabrics and other materials used in the manufacture of goods may vary from the sample swatches. Timber and timber grains may vary from the sample pictures viewed and handmade products may contain variations from one another. Naturally occurring variances in goods including but not limited to wood knots, minor cracks in timber and colour or texture variations including in wood or natural skins such as leather are part of the character of the goods. Such variations are not faults and do not permit the Buyer to cancel the Order.
Ownership and Risk
The Seller retains ownership of the goods and the Buyer agrees that property in the goods shall not pass until:
The Buyer has paid all amounts owing on the goods; and
The Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the parties.
Until payment has been made, the Buyer agrees to:
Keep all goods or proceeds of sale of the goods separate and readily identifiable until the Seller has received payment and all other obligations of the Buyer are met; and
Maintain the goods so supplied in good order and condition and to return the goods immediately if requested to do so by the Seller.
It is further agreed that until such time as ownership of the goods passes from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the goods or any of them to the Seller. On such notice the rights of the Buyer to obtain ownership or any other interest in the goods ceases.
The risk of damage or loss on the goods passes to the Buyer on delivery or collection (or otherwise delivered in accordance with the buyer’s delivery instructions). If any of the goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these terms and conditions (including the right to receive payment of the balance of the Invoice Amount for the goods), to receive all insurance proceeds payable in respect of the goods.
All orders for goods in stock and available for delivery must be paid for upfront at the time Order is made. No Order will be processed until the Invoice Amount has been received by the Seller in cleared funds. Payment must be made by way of direct credit to the Sage Lifestyle bank account as detailed on the Invoice other than where alternative arrangements have been made and agreed to by Sage Lifestyle in writing.
The following payment terms apply for all Orders where the product is not currently in stock:
A deposit equivalent to 75% of the Invoice Amount must be paid upon making the Order with a further 25% payable upon loading. No Order shall be processed or placed with our manufacturers until the deposit under this clause is received in cleared funds by the Seller.
The Seller will provide the Buyer with 5 days prior notice that the Goods are ready to be loaded so the Buyer can effect payment for the outstanding balance. No Goods will be delivered or uplifted until the Seller receives the full outstanding balance.
Payment terms for commercial clients and projects will be advised prior to an Order being made and may differ to these standard terms.
Pro-forma (100%) payment terms apply to all Custom Manufactured Orders.
These payment terms apply to the total order placed with Sage Lifestyle. Orders will not be released in part until the outstanding amount on the total order has been received by Sage Lifestyle.
Sage Lifestyle does not offer account terms.
Default & Consequences of Default
Interest on overdue payments will accrue daily from the date the payment becomes due until the date of payment at a compounding rate equivalent to the Overnight Cash Rate plus a penalty rate of 2.5% compounding weekly.
If the Buyer defaults in payment of any Invoice Amount when due, the Buyer shall indemnify the Seller from and against the Seller’s costs and disbursements including but not limited to legal and debt collection agency costs.
Overdue accounts will automatically be passed onto a debt collection agency 14 days after the due payment date unless alternative arrangements are agreed to in writing by the Seller.
Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment); the Seller may suspend or terminate the supply of goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
In the event that in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due, or the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors, or a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer, then without prejudice to the Seller’s other remedies at law
The Seller shall be entitled to cancel all or any part of any Order of the Buyer without prejudice to any other remedies;
All amounts owing to the Seller shall, whether or not due for payment, immediately become due and payable; and
The Seller may pass the overdue account onto a debt collection agency for collection without notification.
The Buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the importation and/or the use of any products the Buyer purchases from the Seller.
In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Invoice Amount of the Goods.
If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and shall remain in full force and effect.
No Right of Set Off
The Buyer shall not set off against the Invoice Amount amounts due from the Seller.
These Terms and Conditions shall be governed by the laws of New Zealand and the Buyer agrees to submit to the non-exclusive jurisdiction of the New Zealand Courts to hear and determine any dispute arising in relation to these Terms and Conditions and any contracts to which these Terms and Conditions apply.
While this website can be accessed overseas, Sage Lifestyle does not represent that the content of this website complies with the laws of countries outside New Zealand.
Changes to these Terms and Conditions
The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Seller posts the revised terms and conditions on its website.