1 Application of terms
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
A you agree to these Terms; and
B where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2 Changes
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 8 November 2021.
3 Definitions
3.1 In these Terms:
including and similar words do not imply any limit;
Force Majeure Event means any cause beyond Hutchinson’s reasonable control including, without limitation, act of God, explosion, flood, tempest, pandemic, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Hutchinson’s or of a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

GST means goods and services tax payable pursuant to the Goods and Services Tax Act 1985 and any legislation passed in substitution for, or amendment of, that Act.
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;
Order means any order for any of the products that we sell on our Website submitted by You including a Manual Order and a Shopify Order;
personal information means information about an identifiable, living person;
Products means any goods or services available for purchase on our Website by Manual Order, Shopfiy Order or otherwise;
Terms means these terms and conditions titled Website Terms of Use;
Underlying System means any network, system, software, data or material that underlies or is connected to the Website;
We, us, our or Hutchinson’s means Bryan Hutchinson Limited including the trading name Hutchinson’s Flooring Xtra;
Website means hutchinsons.net.nz; and
You means you or, if clause 1.1B applies, both you and the other person on whose behalf you are acting.
4 Your obligations
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 You must:
A not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
B unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.3 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to sales@hutchinsons.net.nz.
4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.
5 Website Orders
5.1 Offer and Acceptance: Products can be purchased from our Website using any of the following methods:
A After seeing a Product or Products on the Website, you make contact with us (via telephone or email) to notify us that you intend on purchasing a Product or Products (“Manual Order”). On the placement of a Manual Order we require a deposit of 50% of the total purchase price payable to be paid to us, without deduction. Upon confirmation of the receipt of the deposit we shall have accepted the offer made by you and there shall be a binding agreement between you and use which shall incorporate these Terms. The balance of the purchase price payable shall become payable prior to the delivery of the Product (or Products) in accordance with clause 5.3.
B You place an Order for any of our Products using the Website then on selecting the Products to purchase and completing payment for the Products shall constitute an offer by the You to purchase the Products from us (“Shopify Order”). Upon confirmation of payment of the Products, we shall be deemed to have accepted the offer made by you and there shall be a binding agreement between you and us which shall incorporate these Terms.
5.2 Prices: All prices on the Website are expressed in New Zealand Dollars (NZD) and shall include GST and any other taxes and/or levies payable in respect of the Products but shall not include delivery costs which shall be an additional charge payable by you and calculated when you submit your Order. You may incur credit charge charges, subject to your credit card provider.
5.3 Delivery and transfer of risk: Delivery shall be completed upon the transfer of possession of the Products to you or your agent which shall include the Products being delivered to the shipping address you have submitted for the Order (Delivery). Risk of any loss, damage or deterioration of or to the Products passes to you on Delivery.
5.4 Delivery times: Any dates quoted for delivery of a Product is approximate only and time for delivery shall not be of the essence. We shall not be liable for any delay in the delivery of a Product.
6 Shopify
6.1 You acknowledge that we use Shopify (as defined at clause 4 of the Shopify terms of use which are available here: https://www.shopify.com/legal/terms) to complete some or our Orders on the Website.
7. Intellectual Property
7.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
8 Website Disclaimers
8.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
A the Website being unavailable (in whole or in part) or performing slowly;
B any error in, or omission from, any information made available through the Website;
C any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
D any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
8.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
9 Product Disclaimers
9.1 If any Products that are purchased by you are subject to a manufacturer’s warranty then that warranty shall apply. Subject to fulfilling our obligations under any manufacturer’s warranty, we make no representations or warranties that any of the Products are fit for purpose or appropriate.

9.2 You also expressly acknowledge that many of our Products are made from natural resources (such as wood, leather and natural fabrics) that may overtime fade and may differ from Product to Product and may be different than what was illustrated for that Product on the Website or instore at the time which the Order was placed.

9.3 If you make a complaint about any of our Products which we accept, it will be at our sole discretion as to whether the Product is repaired, replaced or refunded.

9.4 Due to high demand of some Products the stock information showing on the Website may not also be expressed in real time and on placing an Order, we may notify you that the Product is out of stock. We will refund you (without deduction) any monies you have paid to us for that Product where we cannot meet the Order.
10 Website and Product Liability
10.1 To the maximum extent permitted by law:
A you access and use the Website and any Products that you purchase from the Website at your own risk; and
B we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
10.2 To the fullest extent permitted by law, all warranties, conditions, guarantees or representations in respect of the Products implied by statute or common law into these Terms are excluded. If the Customer is acquiring, or holds itself out as acquiring, the Products for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Products by us to the Customer. To the extent our liability cannot be excluded but can be limited, our liability is limited to the purchase price of the Product or in the absence of a purchase, the amount of $100.00 NZD.
10.3 To the maximum extent permitted by law and only to the extent clauses 10.1 and 10.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website or Products, or your access and use of (or inability to access or use) the Website or the Products, must not exceed NZD $100.00.
11 Product Liability
11.1 We will not be liable for any property damage, loss, personal injury or death as a result of accident or misuse of any Product.
11.2 In no event shall we be liable for special, indirect, incidental, consequential, statutory or exemplary damages, whether in contract, tort, negligence, strict liability or otherwise.
11.3 If you place an order for a product on our Website you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
11.4 We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time.
11.5 We make no representation or warranty that any of the Products on our Website are fit for purpose, appropriate or available for use in all countries or that the Products satisfy the laws of all countries. You are responsible for ensuring that your use of the Products is not illegal or prohibited, and for your own compliance with applicable local laws.
12 Privacy policy
12.1 You are not required to provide personal information to us, although if you choose to place an Order using our Website you will need to provide personal information in order to complete the Order.
12.2 When you provide personal information to us, we will comply with the Privacy Act 2020 and our privacy policy which is available here on the Website.
13 Suspension and termination
13.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
13.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
14 Force Majeure

14.1 Hutchinson’s shall not be liable to the Customer or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of Hutchinson's obligations in relation to the Products, if the delay or failure was due to any Force Majeure Event. If a Force Majeure Event continues for 30 days or more, Hutchinson’s may rescind the contract and in that case the Customer shall have no claim against Hutchinson’s.
15 General
15.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
15.2 These Terms, and any dispute relating to these Terms, Products or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms, Products or the Website.
15.3 For us to waive a right under these Terms, the waiver must be in writing.
15.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 7, 8, 9, 12.2 continue in force.
15.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
15.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
15.7 We will not be liable for any failure to supply the Products or meet any other obligations owed to you where such failure results from circumstances beyond our control.