Website Terms And Conditions Of Use And Privacy Statement
These terms and conditions apply to the use of this website (“Site”), including the purchase of goods over this Site. In using this Site for these and other purposes, you agree to be bound by these terms and conditions. Please read them carefully. If you do not accept these terms and conditions, you must refrain from using the Site. These terms and conditions must be read alongside other applicable terms and conditions governing the use of the Site including Ultimate Design Standard Terms of Trade (“Terms of Trade”) or any of Ultimate Design participating member merchants, or our or their related companies, agents, suppliers or licensors Standard Terms of Trade (“Terms of Trade”).
In these terms and conditions the expressions “we”, “us” and “our” are a reference to Ultimate Design and participating member merchants, or our or their related companies, agents, suppliers or licensors. Ultimate Design may or may not be solely limited to the listed participating merchants advertised on this Site. Amendments to terms and conditions We reserve the right to amend these terms and conditions from time to time. Any amendments will be effective immediately upon notification on this site. Your continued use of this site following such amendments will represent an agreement by you to be bound by the terms and conditions as amended.
Cancellation due to error
You acknowledge that despite our reasonable precautions, Goods may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of the Goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
New Zealand Consumer Guarantees Act 1993
If you purchase Goods from us for a business purpose, then you agree that the statutory guarantees and implied terms, covenants and conditions contained in the New Zealand Consumer Guarantees Act 1993 are excluded by mutual agreement and do not apply as set out in Clause 10 of the Terms of Trade.
We do not accept responsibility for any loss, damage (including direct, special, or consequential loss or damage), however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Site. The extent of our liability in relation to any Goods purchased over the Site is specified in Clause 11 of our Terms of Trade, and as set out below. Except as otherwise stipulated in these terms and conditions or in the Terms of Trade, we will not accept liability to you in respect of any loss or damage (including direct, special or consequential loss or damage) however caused (including through negligence) which may be suffered or incurred by you or which may arise directly or indirectly in respect of Goods supplied pursuant to an order placed on this Site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions and in the Terms of Trade. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following at our option (and in accordance with Clause 9 of the Terms of Trade): (a) where the breach relates to Goods: (i) the replacement of the Goods or supply of equivalent goods; (ii) the repair of such Goods; (iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the Goods repaired.
Exception to disclaimer
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for interference or damage to your computer system which arises in connection with your use of this Site or any linked site. We make no warranty that Goods acquired from us over this Site will meet your requirements. Details relating to the Goods have been prepared in accordance with New Zealand law and may not satisfy the laws of another country. We do not warrant that the details on this Site concerning those Goods will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside of New Zealand) and if the details do not satisfy the laws of your jurisdiction, you may not order any Goods from this Site. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions, data or of information contained in your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the New Zealand Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, or in any other written agreement between you and us, and in accordance with Clause 20 of the Terms of Trade you may not in any form or by any means: (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or (b) commercialise any information, products or services obtained from any part of this Site; without our prior written permission.
Except where otherwise specified, any word or device to which the ™ or ® symbol is attached is a Trade Mark owned or licensed by us (the “Trade Marks”). If you use any Trade Marks in reference to our activities or Goods, you must seek our express authorisation and at all times comply with Clause 20 of the Terms of Trade. You must not use the Trade Marks in: (a) or as the whole or part of your own trade marks; (b) connection with activities or goods which are not ours; (c) a manner which may be confusing, misleading or deceptive; and/or (d) a manner that disparages us or our information or the Goods (including this Site).
All existing or future patent, patent applications, designs, copyright, manufacturing methods, processes, know-how or other industrial or intellectual property (“Intellectual Property”) in the Goods is owned by or licensed by us, remains our property and you acknowledge that you have no right, title or interest in or claim to the Intellectual Property in accordance with Clause 20 of the Terms of Trade. You acknowledge that any improvements to the Intellectual Property discovered by you pursuant to your use of the Goods is our property and you will advise us as soon as possible and assign any such improvements to us, and we will have the sole right to apply for any patents and/or obtain any copyright protection for such improvements.
You are authorised to print a copy of any information contained on this Site, unless such printing is expressly prohibited. You may not however on-sell information obtained from this Site without our written permission.