Terms and Conditions
CURRENT PROMOTION TERMS & CONDITIONS
Click here to view our current promotion terms and conditions.
ESR NZ TERMS AND CONDITIONS FOR SALE OF GOODS
TERMS OF PAYMENT:
1.1 Unless payment has been made in advance, the customer shall pay the sale price specified overleaf (“the purchase price”) for the goods or any balance prior to collection by or dispatch to the customer. Payment can be made by cash, direct deposit, EFTPOS, VISA or MasterCard (plus a surcharge for credit card payments) no less than two days prior to delivery/collection.
1.2 ESR NZ does not have to provide a refund if the customer has changed their mind about a purchase or a change in circumstances occurs, so please choose carefully. ESR NZ recognises the importance of customer satisfaction and therefore products may at ESR NZ discretion be returned to us for exchange or a credit note within seven days of full payment of the goods, provided all the following conditions are met:
1.2.1 A receipt as proof of purchase of ownership may be required by ESR NZ to be produced.
1.2.2 Returned goods are received in a re-saleable condition, including any wrapping
1.2.3 Goods are returned to the location they were originally purchased from or an alternative pre-arranged location.
1.2.4 Online and store purchases not viewed in a showroom prior to delivery can be returned for a full refund (less delivery cost) as per 1.2.1, 1.2.2 and 1.2.3
Despite the above provisions please choose carefully as ESR NZ will not accept returns for merchandise specially ordered for the customer, or for damaged or discontinued items sold at reduced prices (non-standard stock items).
If ESR NZ in its discretion agrees to the return of goods, the following will apply:
(a) In the case of returning goods for exchange: exchanges will be for the original purchase price of the item only; shipping, handling, insurance costs are non-refundable. Returned goods may be subject to a 20% handling and administration charge. Freight for the return of goods for exchange from the customer’s address to ESR NZ premisesand freight for the new exchange items to the customer’s address will be at the customer’s cost.
(b) If the goods are faulty: we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
(c) In the case of a credit note being provided instead of an exchange, the life of a credit note is three years from date of issue.
1.3 If the customer fails to take possession of the goods within one month of the customer being notified the goods are ready to be collected or delivered, the goods may be returned to stock and/or sold. Any losses to ESR NZ or costs incurred by ESR NZ recovered from any payments made by the customer. ESR will endeavour to contact the customer via email and/or phone on at least three occasions prior to cancellation of the order.
1.3.1 If within one month of non-collection or delivery of the goods from the date possession of the goods was available to the Customer the goods may at ESR’s sole discretion be sold by ESR and:
(a) The entire deposit forfeited to ESR; or
(b) Any losses suffered, or costs incurred by ESR recovered from the deposit and the balance refunded to the Customer.
1.4 Some goods may not be available for collection from store locations. In these instances, goods will be made available for collection from our warehouse.
FINANCE: We offer Finance for purchases over $1000 through GEM VISA or QCARD. Lending criteria apply. Gem Visa: Credit facility provided by Latitude Financial Services Ltd. QCard: Available on Flexi Payment Plans for in-store purchases only. Minimum spend $1000. Annual Account Fee of $50 applies. New Cardholder fees – $55 Establishment. Existing Cardholder fee – $35 Advance. Standard Interest Rate, (depending on your card) applies to any outstanding balance at end of Payment Holiday. Lending criteria, fees, terms and conditions apply. Rate and fees are subject to change. Further Terms and Conditions apply – see instore for more details.
TITLE: The ownership of the goods shall not pass from the ESR NZ until the customer has paid the purchase price in full and the whole of the goods shall remain charged with the amount remaining unpaid.
DELIVERY AND COLLECTIONS:
3.1 Notwithstanding any other term or condition in this contract, the failure by ESR NZ to deliver on a specified date shall not entitle the customer to repudiate this contract unless the date of delivery was a specific term of the purchase agreement. ESR NZ shall not be liable for delays in delivery arising from any cause whatsoever beyond ESR NZ reasonable control. In any event ESR NZ shall not be liable for damages or otherwise for any amount exceeding the price of the goods purchased.
3.2 Payment in full must be received by the ESR NZ store prior to collection by or dispatch to the customer taking place.
3.3 Signing and accepting receipt of goods confirms delivery in full and in good condition.
3.4 Any damage to the goods or any other concerns of the customer in relation to the goods will only be considered for remedy by ESR NZ if written verifiable notice and evidence is given by the customer to ESR NZ within 48 hours of delivery to or collection by the customer of the goods.
CONCERNS: Concerns in respect of defects in the goods conformity with sample and description can only be entertained by ESR NZ if it is made aware within 48 hours following delivery to or collection by the customer of the goods and ESR NZ is provided with an opportunity to inspect the goods. Failure to give ESR NZ a notice of a claim within 48 hours of collection or delivery may affect any subsequent claim for damage or loss.
5.1 ESR NZ warrants to the original purchaser for a period of twelve (12) months commencing on the date of receipt by the customer for the goods which at ESR NZ discretion are found to be defective in respect of material and production arising under normal domestic use will be repaired (or at the option of ESR NZ, exchanged or replaced or a credit note issued) at the premises of ESR NZ or its authorized repair agent without cost.
5.2 The benefits conferred by this warranty are in addition to all other rights and remedies in respect of the goods which the customer has under the Consumer Guarantees Act.
5.3 This warranty only applies provided that the goods have been used in accordance with the manufacturers’ instructions and not damaged intentionally or by accident, misuse, neglect or exposure to environmental extremes or altered or changed in any respect. A receipt as proof of purchase of ownership may at its discretion be required by ESR NZ to be produced.
5.4 ESR NZ accepts no responsibility for goods purchased which will not fit into the building or site they were intended for.
5.5 This warranty does not apply to Goods purchased as Clearance and/or Sale items with pre-existing defects. You must inspect Clearance and Sale items carefully before purchase, as these Goods are accepted as being purchased “as is”.
6.1 Where the goods are considered by ESR NZ to be too large for safe access to a building or a site but for whatever reason the customer insists delivery staff attempt delivery or to force the goods despite the restricted access, then in such event the goods shall be at the risk of the customer and the customer waives any right to compensation as a result of any damages to the goods.
6.2 All costs of cartage and /or freight from the premises of ESR NZ to the delivery destination shall be a charge additional to the purchase price of the goods and shall be payable prior to the dispatch of the goods.
6.3 ESR NZ undertake to deliver goods to the customers address as specified by the customer or if access to the customers address is not possible at the absolute discretion of ESR NZ then to a nearby site reasonably accessible by the delivery vehicle and delivery personnel.
SECOND/DAMAGED ITEMS; ESR NZ will honour its obligations under the Consumer Guarantees Act, however, no refunds, exchanges, repairs will be given for faults or conditions known to the customer at the time of purchase.
CREDIT NOTE: Any credit notes issued by ESR NZ to the customer shall expire and not be redeemable after three years from the date appearing on the credit note.
PROOF OF IDENTITY:
8.1 Prior to the uplift by or delivery to a customer of goods sold by ESR NZ the customer shall be required to provide ESR NZ with proof of identity which shall consist of a current driver’s licence or a current passport and a copy of the invoice.
8.2 This information collected by ESR NZ is:
8.2.1 Necessary for the purpose of identifying the customer and the customers legitimate delivery address.
8.2.2 Only ESR NZ and its employees and delivery contractors will be the recipients of this information.
8.2.3 If the customer will not or fails to provide the information ESR NZ is under no obligation to provide the goods to the customer at ESR NZ’s store or by delivery to the customers stated delivery address.
8.2.4 The customer has at any time the right to request access to and correction of the information so provided.
CREDIT CARDS: If a customer is paying for goods by credit card (VISA or Mastercard) the customer shall pay a surcharge for the use of the credit card as charged by ESR’s bank to ESR.
QUOTES: Should ESR provide a written quote to the Customer in respect of goods offered for sale at that price during the promotional period of those goods, the quote shall be valid for the lesser of one (1) calendar month after the date of the written quote or such period as is specified in the written quote. If the Customer has not paid to ESR the amount of the written quote within such period to secure delivery or collection of the goods, the quote shall be of no effect.
TYPOGRAHICAL ERRORS: The information on Early Settler’s web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
Pictures for comparison only; colours, items and sizes may vary from those shown. All accessories sold separately unless indicated. Stores may carry floor stock only and some items may need to be ordered. All items have been included in this catalogue on the understanding that our suppliers will deliver as ordered. A failure by any of our suppliers to deliver may result in items being unavailable or subject to delay. Some items will not be available to view in all stores.
FORCE MAJEURE: We will not be liable for failing to comply with our obligations under this Agreement due to any act of God, war terrorism, strike, lock out, industrial action, fire, flood, earthquake, drought, storm or other event beyond our reasonable control.