Terms and Conditions of Sale

Terms and Conditions of Sale

(For Customers in New Zealand Only)
Please note that these terms and conditions of sale do not apply to any reseller.

1. DEFINITIONS

"Product" means the textile art/craft works created/produced by Sook Collection.
"Sook Collection" means the Sook Collection company selling the products to the Customer as identified in Sook Collection's Quotation or Invoice.
"Customer" means the person or legal entity identified in Sook Collection's Quotation or Invoice.
"Contract" means a contract for sale by Sook Collection to the Customer of the products incorporating these Terms and Conditions.

2. FORMATION OF CONTRACT

2.1 No Contract shall come into existence until the Customer's order has been accepted by Sook Collection.
The Customer warrants that it is buying for its own private use only and not for re-sale or business purposes.

2.2 The products sold are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions.

2.3 These Terms and Conditions are subject to the Consumer Guarantees Act 1993 (the Act) unless the Customer is a business or is being supplied by Sook Collection for the purposes of a business, in which event pursuant to section 43 of the Act, Sook Collection and the Customer agree that the Act does not apply to these Terms and Conditions.

3. ORDERS, PRICE AND PAYMENT

3.1 Unless credit terms have been expressly agreed by Sook Collection, payment for the products shall be made in full before physical delivery of products.

3.2 Customer shall pay for all shipping and handling charges.

3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

4. TITLE AND RISK
Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer.

5. DELIVERY

5.1 Sook Collection shall deliver the products to the place of delivery designated by Customer and agreed to by Sook Collection ("Place of Delivery").

5.2 Sook Collection may, at its discretion, deliver the products by installments in any sequence.
Where the products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by Sook Collection in respect of any one or more installments shall vitiate the Contract in respect of products previously delivered or undelivered products.

5.3 Any dates quoted by Sook Collection for the delivery of the products are approximate only and shall not form part of the Contract. Sook Collection shall not be liable for any delay in delivery of the products and/or services, howsoever caused.

6.ACCEPTANCE OF PRODUCTS

6.1 Unless the Customer notifies Sook Collection to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Sook Collection.

6.2 If you are a customer who bought new Sook Collection-branded products purchased for a private use under these Terms and Conditions directly from Sook Collection you may return them within fifteen (15) days from the date of the invoice for a replacement, refund or credit of the purchase price on the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned products must be received by Sook Collection in as-new or as-shipped-by-Sook-Collection condition, including conformance to invoiced details, and all of other items included with a product must be returned with it.
If you are an organization that bought the products under a written agreement with Sook Collection, the agreement may contain different terms for the return of products than specified by this policy.
To return products, you must e-mail or write to Sook Collection to receive a Credit Return Authorization Number. Arrangements for the return will be made with you at this time.
To expedite the processing of your refund or credit, Sook Collection expects the return of the products to Sook Collection in their original packaging within five days of the date that Sook Collection issues the Credit Return Authorization Number. You must also prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment.

7. LIABILITY

7.1 Sook Collection shall not be liable in contract or in tort for any loss or damage suffered and consumers rights are limited to those set out in these Terms and Conditions and under statute.

7.2 To the extent permitted by law, Sook Collection's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

7.3 The Customer shall indemnify Sook Collection and keep Sook Collection fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

7.4 Sook Collection shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products, even if Sook Collection has been advised of their possibility.

7.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or
information issued by Sook Collection shall be subject to correction without any liability on the part of Sook Collection.

8. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

9. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.

10. GENERAL

10.1 The Customer shall not be assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Sook Collection. Any such unauthorized assignment shall be deemed null and void.

10.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

29 April 2006 Revised Edition