Website terms of use

1.  APPLICATION OF TERMS

1.1.

These Terms apply to your use of the Website. By accessing and using the Website:

1.1.1.

you agree to these Terms; and

1.1.2.

where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms

1.2.

 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so. 

2.  CHANGES

2.1.

We may change these Terms at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, you agree to be bound by the changed Terms.

2.2.

We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

2.3.

These Terms were last updated on 20 December 2019.

3.  DEFINITIONS

In these Terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website Terms of Use

In these Terms:

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means Offshoot Consulting Limited.

Website means www.peacepod.co.nz

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting

4.  YOUR OBLIGATIONS

4.1.

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2.

If you are given a User ID, you must keep your User ID secure and:

4.2.1.

not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

4.2.2.

immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to support@peacepod.co.nz.

4.3.

You must:

4.3.1.

not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

4.3.2.

unless with our agreement, access the Website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.4.

You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to support@peacepod.co.nz.

4.5.

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID

5.  INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

6.  DISCLAIMERS

6.1.

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

6.1.1.

the Website being unavailable (in whole or in part) or performing slowly;

6.1.2.

any error in, or omission from, any information made available through the Website;

6.1.3.

any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

6.1.4.

 any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.2.

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7.  LIABILITY

7.1.

To the maximum extent permitted by law:

7.1.1.

you access and use the Website at your own risk; and

7.1.2.

we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2.

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD1000.

7.3.

To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD1000.

8.  SUSPENSION AND TERMINATION

8.1.

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

8.2.

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

9.  GENERAL

9.1.

If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications.

9.2.

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

9.3.

For us to waive a right under these Terms, the waiver must be in writing.

9.4.

Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.

9.5.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

9.6.

These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

10.  DELIVERY

10.1.

Delivery dates and lead times are estimates only, based on current production schedules at the time of the order and are subject to change. Production can not begin and lead times can not be calculated until the acceptance of the order. Acceptance of the order includes: receipt of the required deposit, confirmation of any changes, modifications or approvals to the original order. PEACEPOD shall not be held responsible for any delays in production. PEACEPOD shall not be liable for any costs related to late deliveries.

11.  PRODUCTS

11.1.

PEACEPOD reserves the right to make minor changes in furniture design, dimensions and other materials without prior notice. PEACEPOD products are handcrafted and can have minor variations. All dimensions can have slight variations. Wood finishes can vary from samples and exact matching is not guaranteed.

12.  PROMOTION

12.1.

You hereby grant PEACEPOD the right to include your company name or logo on PEACEPOD’s Site or other marketing and promotional efforts. If you don't want your logo to be used, please let us know at support@PEACEPOD.co.nz.

13.  PRICING

13.1.

All prices are shown in New Zealand dollars and do not include GST. GST is an additional cost over and above the prices shown and must be paid in the total payment due.

13.2.

Prices are subject to change without any prior notice. The amount you will pay will be based on the current prices displayed on this website at the time you submit your online order.

14.  RETURNS & REFUNDS

14.1.

Faulty goods will be repaired or replaced at the discretion of PEACEPOD. Product that may be received damaged due to transport freight damage will be repaired or replaced subject to discussion and conclusion of point of damage. If recipient signs for product as received in good condition they have voided the opportunity to claim for any transport damage. All goods are dispatched in good condition and carried “at limited carrier’s risk” (pursuant to the Carriage of Goods Act 1979). No claims will be accepted after two (2) days from the date of delivery. All claims must be made in writing and forwarded to support@peacepod.co.nz.

14.2.

Any refunds are at the discretion of PEACEPOD and will only be made if PEACEPOD is unable to either repair or replace faulty or damaged product that has been and is accepted by PEACEPOD as a genuine and approved claim. These refunds will be made by direct credit into the verified bank account of the claimant and will be only for the value of the product claimed at the time of the purchase of that same product. No refunds will be made for any freight and/or any other costs, be they interest or legal or any other costs that may have been incurred by the claimant in the process of achieving their refund claim.

14.3.

Return to base warranty applies to all products. In the event that a replacement part cannot be sent to remedy a problem the customer is required to return any faulty component at their cost for repair or replacement.

15.  Compliance

The purchaser agrees to seek and pay for any necessary permits, landlord or property manager approvals for the installation and use of any products. Before purchasing, the purchaser should independently ensure that the product meets any requirements of applicable laws, regulations or inspections. The purchaser agrees to pay for any costs associated with a failure to meet these requirements, laws, permits or approvals.

16.  WARRANTY

16.1.

PEACEPOD products are sold with a limited warranty against defects in materials and workmanship for a period of one year from the delivery date. PEACEPOD reserves the right to repair or replace defective merchandise at its sole discretion. This limited warranty does not extend to other materials supplied by the purchaser or damage caused by shipping, accident, abuse, misuse, cleaning, or normal wear and tear. All other warranties express or implied are excluded.