What are our Terms and Conditions?

Unfortunately, every business has its small print and we are no different. We don’t like this anymore than you do, but we put it here to let you know your distance selling rights as set out by the Office of Fair Trading.

These are the terms and conditions for purchases from Ombak Furniture, trading name of Ombak Trading NZ Ltd. By accessing our website and or/ placing an order you agree to be bound by all of the terms, conditions and policies set out below or within the website. Nothing in these conditions affects your rights as a consumer. Please read these terms and conditions carefully before placing your order with us.

We may, at our discretion, change, modify, add or remove these terms and conditions at any time and therefore it is important to read these each time you make a purchase order. Contents of the terms and conditions:

1. Definitions

2. Application of conditions

3. Basis of sale

4. Price and payment

5. Description of Products

6. Warranties and liabilities

7. Delivery

8. Acceptance of the Product(s)

9. Risk and Title

10. Insolvency of Buyer

11. General

12. Headings

13. The Buyer’s right of cancellation

14. Proper law of Contract

15. Limitation of liability

16. Data protection

17. Complaints and disputes

Standard conditions of sale:

1. Definitions

1.1 “Buyer” means the person who buys or agrees to buy the Products/ Goods from the Seller.

1.2 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.3 “Seller” means Ombak Furniture – trading name of Ombak Trading NZ Ltd. Registered office address – 10 Motukari Place, Onaero, Waitara. Taranaki. 4383. Company Number – 58159.4 “Delivery date” means the date specified by the Seller when the Products are to be delivered.

1.5 “Products” means those goods specified.

1.6 “Price” means the price for the Products including delivery.

1.7 “Regulations” refers to The Consumer Protection (Distant Selling) regulations 2000 (“The Buyer’s right to cancel”).

1.8 “Tailored” means a Product that is non-standard.

1.9 “Address” refers to the address for Ombak Trading NZ Ltd.

1.10 “Consumer” shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.

1.11 “Contract” refers to any contract between the Buyer and Ombak Trading Ltd for the sale and purchase of Products incorporating these conditions, whether completed electronically through this website or via other means.

1.12 ” Delivery Place ” refers to the delivery address as specified by you, the Buyer, in the Order.

1.13 “Order” refers to your offer, as the Buyer, to purchase Products that you place with Ombak Trading NZ Ltd, whether electronically or via other means.

2. Application of conditions

2.1 Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.

2.2 Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from us, the Seller, subject to these conditions.

2.3 Each order that the Buyer places shall be deemed to be accepted by the Seller and will become binding once the Seller issues a Confirmation to the Buyer or, if earlier, the Seller delivers the Products to the Buyer in accordance with the delivery terms and conditions.

2.4 If for any reason the Seller does not accept the Buyer’s Order, the Seller will advise the Buyer as soon as practicable. This will mean that there will be no binding Contract between the two parties.

2.5 The Buyer must ensure that the details that he provides the Seller are complete and accurate and that he provides all the necessary information relating to the Supply of the Products within sufficient time to enable the Seller to perform the Contract in accordance with these Conditions.

2.6 Any typographical or clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.7 If any provision of these conditions is adjudged invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.

2.8 If the Seller is not able to supply the Product and payment has already been made by the Buyer, then following agreement between the Seller and the Buyer, the Buyer’s account will be refunded or re-credited with the sum paid by the Buyer. The refund will be carried out as soon as possible, in any event, within 30 days of the order. The Seller will not be obliged to offer any compensation for disappointment suffered.

3. Basis of Sale

3.1 Subject to the Buyer’s right to cancel the Contract, included within clause 13, the Seller shall sell and the Buyer shall buy the Products in accordance with the Confirmation. No Contract exits between the Buyer and Seller for the sale of any Products until the Seller has received, processed and confirmed the order and the Seller has received payment in full, (in cleared funds). Once the Seller does so, there is a legal binding Contract between the Buyer and Seller.

3.2 The description of Goods shall be set out in writing in the Confirmation.

3.3 Any items that is not a bed or the specified Product in the product description on the web page that appears in any photograph or illustration on the website or in product brochures will not form part of this Contract. An example of such items are lamps, bed covers, and in certain instances headboards, (unless mentioned in the product description). Such information is for illustration purposes only and may not comprise part of the Products.

3.4 Any specifications or advertising issued by the Seller and any descriptions or illustrations contained within our website or brochures will not form part of this Contract. Such information is by way of guidance or illustration only, and may not bear any relationship with Products.

3.5 The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent.

3.6 The Seller may assign the Contract or any part of it to any person, firm or company.

4. Price and payment

4.1 The Contract price for the supply of Products shall be as set out in the Confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the Contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.

4.2 If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 60 days of being notified of any error.

4.3 Payment of the Price shall be due on the date of the purchase order. Payment shall be due before the delivery date and time for payment shall be of the essence.

4.4 In the instance that payment has not been received and an order has been confirmed, interest on overdue invoices shall accrued from the date when payment becomes due on a daily basis until the date of payment at the rate of 2% above BNZs’ base rate in force at that time.

4.5 No payment shall be deemed to have been received until the Seller has received cleared funds. There will be no delivery until cleared funds have been received.

4.6 Payment for the Products and any delivery charges can be made by any method shown on the Suppliers website at the time the Buyer places an order.

4.7 Payments shall be made by the Buyer without any deduction whether by way of set-off, counter-claim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.

5. Description of Products

5.1 The quantity and description of the Products shall be set out in the Seller’s confirmation.

5.2 The Seller may make changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.

5.3 Photographs provided on the website are for illustrative purposes only and may not exactly match the Product itself. Ombak Furniture retails natural products – there is inherent variation in this.

6. Warrants and liabilities

6.1 The Seller warrants that the Products will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 6 months from delivery, unless otherwise specified and subject to conditions set out below.

6.2 The Seller shall not be liable for any breach in warranty clause 6.1 unless:

6.2.1 The Buyer provides written notice of the defect within 7 days of the time the Buyer discovers or ought to have discovered the defect; and

6.2.2 The Seller is given reasonable opportunity after receiving the Buyer’s notice of defect to examine the Products in question and the Buyer (if asked by the Seller to do so) shall return the Products to the Address at the Seller’s cost for the examination to take place there.

6.3 The Seller shall not be liable for a breach of the warranty in clause 6.2 if:

6.3.1 The Buyer makes further use of such Products after giving notice of the defect to the Seller.

6.3.2 The defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or failure to follow our oral or written instructions as to the storage of use of the Products.

6.3.3 The Buyer alters or repairs such Products without our written consent; or

6.3.4 The Buyer has not paid the Contract price for the Products by the Payment date.

6.4 Subject to clause 6.2, if any Products do not conform with any of the warranty, then within 30 days of us examining the defective Products, the Seller (at the Seller’s option) will either:

6.4.1 Repair or replace such Products (or the defective part) free of charge; or

6.4.2 Refund the price of such Products (or a proportionate part of the price) provided that the Buyer delivers up the Products for collection (or, if the Seller so requests and at the Seller’s expense the Buyer return the Products or the part of such Products which is defective to the Seller at the Seller’s Address).

6.5 If the Seller complies with clause 6.4 the Seller shall have no further liability for breach of any warranty in condition 6.1 in respect of such Products.

7. Delivery

7.1 All delivery times displayed on the website and quoted are guidelines. Final delivery will be confirmed before the dispatch and processing of the Order. The Seller will not deliver to addresses outside of the mainlands of New Zealand .

7.2 The Products the Buyer orders will be delivered to the address specified in the order unless otherwise agreed in writing by the Buyer and the Seller.

7.3 Goods will be deemed to have been delivered once delivered to the specified address as detailed in clause 7.2 and the Seller will not be liable to the Buyer for non-delivery of the Products. The Seller does not need to satisfy itself that the person accepting delivery at the specified address is the Buyer (or authorised by the Buyer to accept delivery of the Goods).

7.4 Dates and times quoted for delivery are approximate only. The Seller shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.

7.5 Generally, where an order contains more than one item all items will be delivered at the same time once all items are available, unless otherwise agreed.

7.6 Where a delivery date has been agreed with our carrier but the Buyer is not present to receive the delivery, the Seller reserves the right to charge the Buyer a minimum of $60 to cover the cost of the failed delivery. This is unlikely to ever be charged and Ombak Furniture are not making any profit on this, but is a direct cost from our external couriers.

7.7 If the Products ordered by the Buyer are not available or discontinued and the Seller is unable to deliver them to the Buyer within 120 days (or any other time limit agreed by the parties), the Seller shall inform the Buyer of this; cancel the Contract; and reimburse any sums paid by the Buyer (or which has been paid on the Buyer’s behalf) under the Contract to the person by whom payment was made no later than 30 days after the due date for delivery of the Goods under the Contract. 7.7 Any liability to the Seller for the non-delivery of Products shall be limited to replacing the Products within a reasonable time or issuing a respective credit note/ refund raised for such Products.

7.8 The quantity or content of any consignment of Products as recorded by the Seller upon dispatch shall be conclusive evidence of the quantity or content received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

7.9 Custom and made to order items. Custom and made to order items are non-refundable in the event of reasonable delay out of the control of Ombak Furniture. The customer needs to understand Ombak Furniture products are made in a workshop in a developing country, then shipped over a long distance. Delays can happen out the control of Ombak Furniture, although it is in The Sellers interests to get the goods to the customer as soon as is possible. The compensation amount is negotiable between the customer and Ombak Furniture. In the event the items are unavailable there is 100% refund available.

7.10 Time for the delivery shall not be of the essence. The Products may be delivered by the Seller in advance of the quoted delivery date.

8. Acceptance of the Product(s)

8.1 Other than where the Buyer acts as a Consumer, the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.

8.2 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the Contract.

9. Risk and title

9.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery. If the Buyer wrongfully fails to take delivery of the Products, then risk of the Products shall pass to the Buyer at the time when the Seller tendered delivery of the Products.

9.2 Notwithstanding any other provision herein title to the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for the Products and all other sums which are or which become due to the Seller from the Buyer on any account.

9.3 The Seller shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Seller.

9.4 The Buyer may not use or resell the Products before ownership has passed.

9.5 The Buyer grants the Seller the licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or where right to possession has terminated, to recover them, and to use reasonable force in doing so.

10. Insolvency of Buyer

10.1 This clause applies if:

10.1.1 The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or

10.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property of assets of the Buyer, or

10.1.3 The Buyer, not being a Consumer, ceases or threatens to cease, to carry on business, or

10.1.4 The Seller reasonably apprehends that any of the events mentioned above is a about to occur in relation to the Buyer and notified the Buyer accordingly.

10.2 If the clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable, despite any previous arrangement or agreement to the contrary.

11. General

11.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction or unavailability of power at the Seller’s premises or its/ suppliers manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, import or export regulations or embargoes (including the failure of the Seller’s suppliers to obtain any necessary export permits licences or other authorizations) and the party shall be entitled to a reasonable extension of its obligations.

11.2 Provided that if any event referred to in clause 11.1 continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the Contract.

11.3 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its Address or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.

11.4 Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

12. Headings

12.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.

12.2 Representations- no statement, description, warranty condition or recommendation contained in any price list, advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.

12.3 Additional costs- The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure to delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.

13. The Buyer’s right of cancellation

13.1 In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where a Product is tailored to customer requirements and without fault.

13.2 To exercise the Buyer’s right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

13.3 Once the Seller has been notified of the cancelling of the Contract, the Supplier will refund or re-credit the Buyer within 30 days for any sum that has been paid or debited from the Buyer’s credit card for the Products.

13.4 If the Buyer does not cancel the Contract in accordance with clauses 3.1 and 3.2, the Buyer shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be liable to return the Goods to the Seller.

13.5 If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, as prescribed in clauses 13.1 and 13.2, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit. The Products can not be used. The Buyer will be responsible for returning the Products to the Supplier at the Buyer’s own cost. The Products must be returned to the address in the definitions section. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return then in the packaging and condition they were delivered to the Buyer.

13.6 Unfortunately we cannot accept any mistakes made on your behalf due to incorrect buying. Hence a restocking charge may apply to the total purchase price paid plus any additional costs we may have incurred in the delivery and collection of the goods. Please also retain proof of insurance and posting as we will not accept any liability for goods lost or damaged in transit back to us. You must also email us in advance of any return and to obtain a returns number. We will not accept any goods being returned without a valid returns number clearly marked on the outside of the packaging as they will be refused on arrival. If on receipt of authorised returned goods we find the packaging, goods or that parts are missing, then we are entitled to make a charge for damaged or missing parts which may effect the amount that we refund to you.

14. Proper law of Contract

14.1 The Contract shall be governed by the law of New Zealand and any dispute, question or remedy however-so arising determined exclusively by the Courts of New Zealand .

15. Limitation of liability

15.1 The Seller’s total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Products.

15.2 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller’s negligence or fraudulent misrepresentation.

15.3 The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

16. Force majeure

16.1 Ombak Trading NZ Ltd Ltd shall not be liable to you or be deemed to be in breech of the Contract by reason of any delay in performing, or any failure to perform any of the obligations relating to the Contract, if the delay or failure was due to any cause beyond Ombak Furniture reasonable control including, without limitation:

16.1.1 Acts of God, fire, explosion, epidemic or flood;

16.1.2 War or national emergency;

16.1.3 Riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce);

16.1.4 Restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials;

16.1.5 import or export regulations or embargoes (including the failure of the Company’s suppliers to obtain any necessary export permits, licences or other authorisations);

16.1.6 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.

16.2 Provided that, if any event referred to in clause 11.1 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the Contract.

17. Data protection

17.1 The Seller will take all reasonable precautions to keep the details of the Buyer’s order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorised access to information supplied by the Buyer.

18. Complaints and disputes

18.1 If the Buyer has a complaint about the Goods or service, the Buyer should contact Ombak Trading NZ Ltd, the Seller by:

18.1.1 Post- sent to the Address in the definitions section

18.1.2 Electronic e-mail to [email protected]

18.1.3 Telephone on 0800 466225.

18.2 The Seller will try to respond in writing to the Buyer’s complaint within 14 working days of receiving it.