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65 Collingwood Street, Nelson, New Zealand
Phone: (03) 548 4945
Returns & Exchanges
Terms & Conditions
MONDAY – FRIDAY
9:00AM – 5:00PM
10:00AM – 2:30PM
Our intention for this website is for you, the customer, to see pricing for our products and to request a quote regarding these products. Because of the nature of the products we supply, this process may differ from the usual online shopping experience.
When you submit a quote request to us, we will check with our suppliers on the current stock levels of these products in New Zealand. Products labelled with “Special Order” are unlikely to be in stock in New Zealand, and, depending on the manufacturer, may come from as far as America or Europe. Products that are imported from these areas are normally delivered via ship, and can take some time to arrive. If ‘Special Order’ products are required earlier, please contact us regarding the possibility of air freight.
When we have gauged the availability of the products in your enquiry, we will endeavor to contact you via phone to discuss the quote, lead times, and any special considerations. We will send a written quote to the email address you provided that is valid for 30 days, which you can accept by contacting us and paying a deposit of 50% to place your order. For indented special order items, we require payment in full before we order the product.
RETURN OF GOODS FOR CREDIT FOR REFUND
Goods supplied in accordance with the buyer’s order can only be returned with the express approval of the seller.
An exception of this returns policy is goods that have been specifically indented for the buyer, which are not returnable.
Requests to return goods must be submitted within 7 days from the date of shipping and the original invoice number must be quoted.
Where goods are accepted (for credit or refund at the sellers discretion) they must be delivered at the buyer’s expense into the seller’s store or warehouse in original condition and packaging. Returned products are the buyer’s responsibility until they reach the seller. The seller shall not be responsible for misdirected shipments or products lost or damaged in transit.
The seller reserves the right to levy a restocking fee against any returns the seller may agree to accept. Such fees may be up to 25% of the invoice priced and levied at the seller’s absolute discretion.
Any refunds (at the sellers discretion) will be refunded in the form of the original payment method used by the buyer.
Under the Consumer Guarantees Act the Seller is not required by the law to offer a refund if the Buyer decided they do not want the goods anymore after the purchase. The Act only applies when the goods do not meet one of the guarantees. Each return case under this circumstances will be looked at individually by the Seller to decide whether to accept the return or decline.
‘The seller’ refers to Lighthouse Nelson Ltd.
‘The buyer’ refers to any legal entity purchasing from the seller.
Where the seller accepts the buyer’s order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
Any condition contained in the buyer’s order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 25% of the price.
Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
ORDERING AND FORMATION OF CONTRACT
The seller’s website, the information on it and any information in emails and other forms of advertisement constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
The buyer may request a quote from the seller by completing and submitting the quotation process on the seller’s website or in store. The buyer must provide all required information or the seller may not be able to process the buyers request.
The sellers discretion in rejecting orders:
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
CONSUMER GUARANTEES ACT 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then;
Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.
In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit the purchaser’s rights under the Act.
PAYMENT AND PRICES OF GOODS
If you do not pay any money owed when due, you will be obliged to pay any collection cost incurred by Lighthouse Nelson (including debt collector and legal fees on a solicitor-client basis).
Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD).
Taxes and other charges
All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.
Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.The seller may vary any prices on the seller’s website at any time and without notice to the buyer.
AVAILABILITY AND CANCELLATION
All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavor to notify the non-availability on this website, or remove the product from display. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
Cancellation of orders
Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
The seller may cancel the buyer’s order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 25% of the price.
Once the seller has confirmed acceptance of the buyer’s order, the seller will endeavor to dispatch the buyer’s order within 5 – 10 business days after receiving full payment, unless a different time-frame is specified in relation to a particular product. Orders will not be release or shipped until full payment has been made. If the seller is unable to dispatch the buyer’s order within the time frame specified the seller will endeavor to contact the buyer and advise the buyer of the expected dispatch date.
The seller reserves the right to dispatch the buyer’s order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment is confirmed.
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.
The buyer may specify delivery instructions for an order (for example, the buyer may authorize the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions.
Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.
LIABILITY AND MAINTENANCE GUARANTEE
To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchant-ability, or fitness for a particular purpose.
To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.
To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.
In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.
At the termination of the appropriate period (IE guarantee period) all liability on the seller’s part ceases.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
ERRORS OR OMISSIONS
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
DESCRIPTION OF PRODUCTS
Modifications and improvements to the seller’s products are constantly being made.
Although the seller has endeavored to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller.
If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take appropriate action.
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.
The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
PERSONAL PROPERTY SECURITIES ACT 1999
Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:
These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship;
The buyer undertakes to:
sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;
not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller;
give the seller not less than 14 days prior written notice of any proposed change in the buyer’s name and/or any other change in the buyer’s details (including but not limited to, changes in the buyer’s address, facsimile number, or business practice); and
immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
Unless otherwise agreed to in writing by the seller, the buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA
Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products.
CHANGES TO THESE CONDITIONS OF USE
The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller’s website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
DISPUTES AND GOVERNING LAW
Any claim or dispute arising here-under shall be subject to arbitration in accordance with the Arbitration Act 1996.
These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply).
PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
WEB BROWSER COOKIES
HOW WE USE COLLECTED INFORMATION
Lighthouse Nelson Ltd. may collect and use Users personal information for the following purposes:
› To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
› To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
› To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting us via our Site.
HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent Users personal identification information to others. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
THIRD PARTY WEBSITES
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
65 Collingwood Street
(03) 548 4945
This document was last updated on July 13, 2017
In 1955, Murray Feiss started his company offering a small assortment of porcelain figurine lamps topped with his mother’s hand-sewn lampshades. Discerning consumers soon began to seek out the quality and unique nature of these designs.
Now greatly expanded, Feiss continues to maintain the highest standards for materials and workmanship. The Feiss culture remains committed to carefully upholding the principles of quality and integrity which define the company. We attribute the success of the Feiss brand to our founder’s attitude for superior product quality, delivering on a balanced range of price points and never waiving on our commitment to customer service.