Terms of Trade

 


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                  This page of the Inspiry website and
                  together with all the documents referred
                  to on it, contains the terms and conditions upon
                  which Inspiry Limited will supply to its customers
                  the products referred to on the website www.inspiry.co.nz.
                  Any products ordered by you through the website will be governed
                  by these terms and conditions. You must signify your agreement to these 
                  terms and conditions by ticking the relevant box in the shopping cart. If you fail 
                  to do so, then you will not be able to order any products from Inspiry.
  
 

1



1.1
GENERAL-786

 
 



Definitions:  The following definitions will apply in these
Terms and Conditions unless the context otherwise requires:
Customer or you means a person purchasing Products through the Website.
Inspiry or we means Inspiry Limited.
Inspiry Intellectual Property: means all Inspiry’s intellectual property rights
including trademarks and copyright in the Website and other material, patents, and designs.
Order: means an order for products placed by a customer through the website
in accordance with these Terms.
Privacy Policy: means the Inspiry Privacy Policy appearing on the
website from time to time.
Products: means the products for sale over the website.
Website: means the website www.inspiry.co.nz
1.2
Terms Paramount: These terms take precedence over
any other terms specified by you.
1.3
Discretion to accept orders:  Inspiry has the absolute discretion
as to whether an order is accepted and fulfilled.  Inspiry may cancel an
order for any reason whatsoever.
1.4
Access costs:  You will be responsible for any costs incurred
in using the website including any charges imposed by an internet service provider.
1.5
Suspension or termination:  Inspiry may at its absolute discretion suspend
or terminate the ability of any customer to purchase products from Inspiry through
the website for any reason whatsoever.
1.6
Trading Hours:  The website will be operational 24 hours a day
(subject to any shutdown period required for regular maintenance or
to events beyond the reasonable control of Inspiry.  Deliveries of orders
will be made between the hours of 7am and 6pm Monday to Friday.
1.7
Territory:  Inspiry operates only in New Zealand .  
Inspiry will not accept any orders for delivery of goods to
customers residing outside Australasia except by special arrangement.  
1.8
Unauthorised Access:  Inspiry will use its reasonable endeavours to prevent
any unauthorised entry to use of the website.  However, Inspiry will not be liable
for any direct or indirect damage or loss whatsoever suffered or
incurred by a customer if any third party does gain unauthorised access.
1.9
Site Content:  Inspiry does not warrant the accuracy, adequacy or
completeness of information contained in the website and Inspiry will not be
responsible or liable for any error or omission contained in the information on the
Inspiry website.
1.10
Use of Website:  You agree not to use the website for any purpose
that is unlawful or prohibited by these Terms.  You may download the information
on the website for your own personal use but you must not alter, modify, reproduce,
transmit or distribute such information without Inspiry's prior written consent. 
You must not interfere with the website whether by introduction
of a virus or any other means.
1.11
System Integrity:  The website may from time to time experience
down time due to scheduled maintenance or site repairs.  
Inspiry takes no responsibility for any system unavailability or for any loss that
is incurred as a result of the website or the services provided
by Inspiry being unavailable.
1.12
Variation of Terms:  Inspiry may revise and amend these
terms and conditions from time to time.  The customer will be subject
to the terms and conditions in force at the time that an order is placed.
1.13
Recommendations:  The website includes product and services endorsements
from Inspiry customers and contacts.  The endorsements are not the opinion of
Inspiry and Customers must select products and service providers based on their own
judgment and assessment of the products and service providers in question.
Inspiry will have no responsibility or liability for any loss or damage suffered or incurred
by any person relying on such endorsement.

 
 
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2.1


Placing an order:  If you place an order with Inspiry through
the website it will constitute an offer to buy from Inspiry the products
referred to in the order at the price advised by Inspiry and otherwise on the
basis of these Terms.  If Inspiry accepts the order by confirming to you that the
products have been ordered then a contract will be formed
between Inspiry and the customer.
2.2
Pricing:  The price payable for products and each order will be displayed
on the website at the time that an order is submitted.
2.3
Currency:  All prices specified on the website are in New Zealand dollars. 
All orders must be paid for in New Zealand dollars.
2.4
GST:  The prices stated on the website
will be inclusive of Goods and Services Tax.
2.5
Delivery Fee:  In addition to the price for products ordered,
you must pay a delivery fee for the costs associated with
delivering the Order.

 

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3.1


Time of Delivery:  Delivery will be made as soon as is practicable,
following receipt of an order.  If a product is in stock, delivery will usually be made
within 7 days.  If a product is out of stock we will contact you on receipt of your order
to advise the anticipated delivery date. In some cases the product will take up to
2 weeks to arrive as shipped directly from overseas to you. You will be notified through
the process of purchasing off Inspiry's site where your
order is and how far away delivery time frames are.
3.2
Delivery address:  Inspiry will procure that each order is
delivered to the customer in accordance with the instructions
contained on the order form.
3.3
Access:  You must specify a delivery address which is able to be readily
accessed by Inspiry's courier. In the event that you fail to provide a reasonable
point of access for delivery, Inspiry will not be responsible for any loss suffered by you.
3.4
Delays:  Inspiry will not be liable for any loss suffered by you as a result of
any delayed delivery of an Order if the delay is as a result of causes
beyond the reasonable control of Inspiry.

 
 
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4.1


Payment:  Payment for each order must be made by credit card over the website.
All dollars amounts are in New Zealand dollars.
4.2
Credit card declinature:  If a proposed payment on a customer's
credit card is declined the order will be deemed not to have been accepted and
delivery of the order will not be made.
4.3
Payment Card Data:    The Website uses SSL. 
All payments will be processed by a secure payment card industry compliant
third party processor. The Inspiry does not store credit card details.

 
 
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5.1


Risk:  Property and risk in Products ordered by a Customer
will pass from Inspiry to the Customer upon delivery in accordance
with these terms.
5.2
Ownership:  In the event that products are delivered but have not been paid
for ownership of the products will remain
with Inspiry until payment has been made in full.
5.3
Security Interest in the Goods:  You grant to us a security interest in
any products purchased by you from us, and the proceeds of such products,
as security for all amounts owing to us in respect of any products and from any 
other cause whatsoever. 
5.4
Exclusions of PPSA Rights and Obligations:  Nothing in sections 114(1)(a),
117(1)(c), 133 and 134 of the PPSA will apply.  The rights set out in sections
116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the Personal Properties
Security Act 1999  shall not apply.

 

6
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6.1


Warranty:  Inspiry hereby warrants that products supplied
to you will be of merchantable quality and fit for purpose.
When you receive an order,
 if on delivery to you any products fail
to meet this standard they may
 returned only if the fabric is uncut
and returned with 5 days of delivery. If the fabric is cut and a flaw
is subsequently found, you may not be able to claim a replacement.
For wallpaper you or the tradesperson is responsible for checking
every roll before commencing the work, and if after one roll, he
or she believes there is a problem with the wallpaper, you must stop
work and contact us immediately.  All claims for fabric
and wallpaper should be emailed to helpdesk@inspiry.co.nz
with accompanying images, with your order number, contact
details, and an explanation of the problem. 
6.2
Other warranties excluded:  Except as specifically warranted in these terms
and conditions or as implied by law, all other warranties, guarantees and
representations which may be implied by law are hereby expressly excluded to the
fullest extent permitted by law.
6.3
Consumer Guarantees Act:  If you are a consumer of the products then
we will meet our obligations under the Consumer Guarantees Act 1993. 
You acknowledge that if products are ordered for business purposes then
the provisions of the Consumer Guarantees
Act 1993 will not apply to any such Order
.
 

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7.1


Maximum liability:  The maximum liability of Inspiry to the customer
in respect of any defective products is an amount equal to the price paid by
the customer for the relevant product.
7.2
Indirect and consequential loss:   Not with standing any other provision 
contained in these terms, Inspiry will not be liable for any indirect or
consequential loss or damage suffered or incurred by the customer arising from
or in relation to Products supplied pursuant to these terms.

 

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8.1


The customer acknowledges all Inspiry intellectual property
is the sole property of Inspiry.  The customer may access the website for
the purpose of placing orders for products but will not have any
other right or licence in relation to the Inspiry intellectual property.

 

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9.1


Inspiry will collect personal information in relation to each customer
for the purpose of accepting and fulfilling orders.  Inspiry will deal with
that personal information in accordance with the Inspiry Privacy Policy.

 

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10.1


Inspiry will be relieved of its obligations under these terms
in the event that it is prevented from performing those obligations
by any event beyond its reasonable control including fire, accident,
act of God, natural disaster, change of law, strikes, labour disputes and
products becoming unavailable
.
 

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11.1


All products for sale on Inspiry's website are custom ordered
products as per your order. Choose carefully as all sales are final,
no refunds or exchanges.We strongly recommend that you
order a cutting or sample ensuring that you are
getting the product you want prior to purchasing.
Inspiry strongly advises that you obtain
proper measurements from a professional installer.
As all sales are final and under 
no circumstances will Inspiry be held accountable for
any overages or shortages in
material or wallpaper calculations. 

Please choose carefully, have you received the correct goods?
Is the quality correct ? Is the quality acceptable? 

We apologise if you have received the wrong product.
Please email helpdesk@inspiry.co.nz  with your order number
and details or
 contact by telephone  0800 INSPIRY (4677479)
Monday – Friday 9.00am – 4pm to arrange this. 
Make sure you have your order details handy.
 

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12.1


For a product to be returned under our policy, that product
faulty or otherwise defective. If fabric or wallpaper uncut and
still on the roll, and with the 5 day claim period. Inspect your
wallpaper and or fabric upon receipt. If a package arrives
damaged you may refuse acceptance of delivery.
Any claims made after 5 days of receipt will not be considered.

You will advise Inspiry with photos of any damages
rolls via email so we can authorise a return

via our own couriers at our cost for examination.
The damaged product will be examined within 30 business days
and we will inform you of our decision as to if and
when a refund is issued.
We do not allow for buyers remorse
if the order has already been shipped from our warehouse
or manufacturer, you will not be able to cancel or change it.
 
Email helpdesk@inspiry.co.nz or contact 0800 INSPIRY (4677479)

Monday – Friday 9.00am – 4pm to arrange this. 
Make sure you have your order details handy.
 

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13.1


Orders are processed daily (Monday-Friday)
so if you need to cancel an order, please contact us immediately.
You can either email us or call us.
Please email helpdesk@inspiry.co.nz or telephone 
0800 INSPIRY (4677479)
Monday – Friday 9.00am – 4pm to arrange this. 

Make sure you have your order details handy.