Terms And Conditions

1. Definitions

• 1.1 “Canterbury Saunas” shall mean Canterbury Saunas Limited trading as Canterbury Saunas its successors and assigns or any person acting on behalf of and with the authority of Canterbury Saunas Limited trading as Canterbury Saunas.
• 1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Canterbury Saunas to the Client.
• 1.3 “Goods” shall mean Goods supplied by Canterbury Saunas to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and includes Goods described on any invoices, quotation, work authorisation or any other forms as provided by Canterbury Saunas to the Client.
• 1.4 “Services” shall mean all services supplied by Canterbury Saunas to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
• 1.5 “Price” shall mean the price payable for the Goods as agreed between Canterbury Saunas and the Client in accordance with clause 3 of this contract.

2. Acceptance

• 2.1 Any orders received by Canterbury Saunas from the Client for the supply of Goods or services and/or the Client’s acceptance of Goods or services supplied by Canterbury Saunas shall constitute acceptance of the terms and conditions contained herein.
• 2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
• 2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Canterbury Saunas.
• 2.4 The Client shall as soon as practicable make available to Canterbury Saunas all information, documents and other particulars required by Canterbury Saunas for the provision of the Services.

3. Price And Payment

• 3.1 At Canterbury Saunas’s sole discretion the Price shall be either:
  • a) as indicated on invoices provided by Canterbury Saunas to the Client in respect of Goods or Services supplied; or
  • b) Canterbury Saunas ’s quoted Price (subject to clause 0) which shall be binding upon Canterbury Saunas provided that the Client shall accept Canterbury Saunas’s quotation in writing within thirty (30) days.
  • c) The Price stated on Canterbury Saunas website or social media pages, at the time you place your order. You also may be charged additional delivery fees.
• 3.2 Canterbury Saunas reserves the right to change the Price in the event of a variation to Canterbury Saunas’s quotation.
• 3.3 At Canterbury Saunas’s sole discretion a deposit may be required.
• 3.4 At Canterbury Saunas’s sole discretion payment for approved Clients shall be made by installments in accordance with Canterbury Saunas’s payment schedule.
• 3.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
• 3.6 Payment will be made by cash, or by cheque, or by bank cheque, or by debit or credit card, or by direct credit, or by any other method as agreed to between the Client and Canterbury Saunas.
• 3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Risk

• 4.1 If Canterbury Saunas retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
• 4.2 Canterbury Saunas shall not be held liable for any loss, corruption, or deletion of files or data (including, but not limited to hardware or software programmes) resulting from the Services provided by Canterbury Saunas.

 

• 5. Title

• 5.1 Canterbury Saunas and Client agree that ownership of the Goods shall not
  pass until:
  • a) the Client has paid Canterbury Saunas all amounts owing for the particular Goods; and
  • b) the Client has met all other obligations due by the Client to Canterbury Saunas in respect of all contracts between Canterbury Saunas and the Client.
• 5.2 Receipt by Canterbury Saunas of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Canterbury Saunas ’s ownership or rights in respect of the Goods shall continue.

6. Client’s Disclaimer

• 6.1 The Client hereby disclaims any right to rescind, or cancel any contract with Canterbury Saunas or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by Canterbury Saunas and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgment. Goods provided by Canterbury Sauna’s will be fit for purpose under the Consumer Guarantees Act 1993.

7. Returns

• 7.1 The client can return the unused, unopened goods to us for a full refund within a fixed thirty day period. The client is responsible for informing Canterbury Saunas in advance by written means, their intention to apply for a refund.
• 7.2 The goods must be unused and in original condition. Soiled goods or used goods are not eligible for a refund. Original condition includes having all tags, packaging, manuals etc returned with the items.
• 7.3 The client is fully responsible for the shipping/postage costs when returning goods.
• 7.4 Faulty goods will be replaced or repaired abiding by the Consumers Guarantees Act 1993

8. Consumer Guarantees Act 1993

• 8.1 If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by Canterbury Saunas to the Client.

9. Intellectual Property

• 9.1 Copyright in all designs, reports, specifications, documents, and other materials provided to the Client by Canterbury Saunas shall remain vested in Canterbury Saunas and shall only be used by the Client at Canterbury Saunas’s discretion.
• 9.2 The Client warrants that all materials, designs or instructions to Canterbury Saunas will not cause Canterbury Saunas to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Canterbury Saunas against any action taken by a third party against Canterbury Saunas in respect of any such infringement.

10. Default & Consequences Of Default

• 10.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
• 10.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify Canterbury Saunas from and against all costs and disbursements incurred by Canterbury Saunas in pursuing the debt including legal costs on a solicitor and own client basis and Canterbury Saunas ’s collection agency costs.
• 10.3 Without prejudice to any other remedies Canterbury Saunas may have, if at any time the Client is in breach of any obligation (including those relating to payment), Canterbury Saunas may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. Canterbury Saunas will not be liable to the Client for any loss or damage the Client suffers because Canterbury Saunas has exercised its rights under this clause.
• 10.4 If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 5.00% of the amount overdue (up to a maximum of $300) shall be levied for administration fees which sum shall become immediately due and payable.
• 10.5 Without prejudice to Canterbury Saunas’s other remedies at law Canterbury Saunas shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Canterbury Saunas shall, whether or not due for payment, become immediately payable in the event that:
  • a) any money payable to Canterbury Saunas becomes overdue, or in Canterbury Saunas’s opinion the Client will be unable to meet its payments as they fall due; or
  • b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  • c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

11. Delivery

We currently only supply to New Zealand addresses. Please ensure the delivery address and receiver’s name for your order is accurate and complete (including any business name if shipping to a work address) as we may be unable to change these details once the order has been placed. We will not take responsibility for any orders that go missing due to incorrect delivery information provided by you. We will endeavour to deliver goods on the agreed delivery dates but, to the maximum extent permitted by law we will not be held liable for late delivery.

Delivery to rural addresses or delivery of dangerous goods may take longer in some areas. You are responsible for informing us of a Rural address. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you, or, if you are to arrange delivery, when the goods are available for collection by you.

You must notify us within 8 days of the dispatch date (as stated in the email we send confirming dispatch) if you have not received an item. Risk in the goods will pass to you on delivery.

Delivery charges are stated on the description of the item. Please note the upgrade items such as windows, wifi heaters or wood stoves are included in the delivery fees with the barrel sauna selected.

Please note we do not currently deliver items for hire. These are to be picked up within Christchurch, the address provided after check out.

12. Cancellation

• 12.1 Canterbury Saunas may cancel any contract to which these terms and conditions apply or cancel delivery of Goods or Services at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Canterbury Saunas shall repay to the Client any sums paid in respect of the Price. Canterbury Saunas shall not be liable for any loss or damage whatever arising from such cancellation.
• 12.2 In the event that the Client cancels delivery of Goods or Services the Client shall be liable for any loss incurred by Canterbury Saunas (including, but not limited to, any loss of profits) up to the time of cancellation.

13. Privacy Act 1993

• 13.1 The Client authorises Canterbury Saunas to:
  • a) collect, retain and use any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and services to the Client; and
  • b) disclose information about the Client, whether collected by Canterbury Saunas from the Client directly or obtained by Canterbury Saunas from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
• 13.2 Where the Client is an individual the authorities under clause 17.1 are authorities or consents for the purposes of the Privacy Act 1993.
• 13.3 The Client shall have the right to request Canterbury Saunas for a copy of the information about the Client retained by Canterbury Saunas and the right to request Canterbury Saunas to correct any incorrect information about the Client held by Canterbury Saunas.
• 13.4 Our website collects information for the following purposes: to advise about new products and special offers, to analyse site usage, to improve site content and improve customer experience/satisfaction. Under the Privacy Act 1993 you have the right to contact Canterbury Saunas to access any information we hold about you.13.5 Canterbury Saunas may use your IP address and browser information to collect basic information on client demographics.
• 13.6 Our site uses cookies to keep track of the user behaviour and gather feedback.
• 13.7 Canterbury Saunas will never sell, give, share, or disclose unique personal information that is collected on our website.
• 13.8 How to use Polipay, Please read https://www.polipay.co.nz/site/poli/files/PDFs/Polipay%20brochure%20Designed%20Final.v2.pdf

14. General

• 14.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
• 14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
• 14.3 Canterbury Saunas shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Canterbury Saunas of these terms and conditions.
• 14.4 In the event of any breach of this contract by Canterbury Saunas the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
• 14.5 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by Canterbury Saunas.
• 14.6 Canterbury Saunas may license or sub-contract all or any part of its rights and obligations without the Client’s consent and is not liable for the workmanship or conduct of any subcontractor.
• 14.7 Canterbury Saunas reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Canterbury Saunas notifies the Client of such change.
• 14.8 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
• 14.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
• 14.10 The failure by Canterbury Saunas to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Canterbury Saunas’s right to subsequently enforce that provision.
• 14.11 If you provide us with personal information through you use of this website, this information may be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information. By accepting these Terms of Use you are acknowledging that you have read and accept our Privacy Policy which is on our site. We will never sell your information to any third party or business.

15 Disclaimers

• 15.1 We are not responsible for ensuring that the information that you access or make available through using this website will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to our website or services. This is because the availability or quality of this website may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions. We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of this website. Further, we assume no responsibility for the corruption of any data or information held by us.
• 15.2 Whenever you use this website or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to electronically satisfy any legal requirements that such communications be in writing.
• 15.3 Linked Websites / Newsletters, Where links to any third party websites are provided they are provide for convenience only. We accept no responsibility for any advice you may receive.
  Any information contained in our newsletters is provided as a general information service only. If you copy or disseminate our newsletters in any manner you must not remove any reference to the notice of authorship of the newsletter or remove any copyright notices.
  You may only create links from this website to external websites where you are entitled to do so and where the creation of the link doesn’t otherwise breach these terms. Also, you may only create links to this website from external websites with our prior written permission.