1.     By using Our Website and the Services we offer, you are agreeing to these terms and conditions.

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.

2.     General

2.1. these terms and conditions apply to all supplies of Rug & Carpet by us to you. They prevail over any terms proposed by you.

2.2. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

2.3. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

2.4. We may change these terms from time to time. The terms that apply to you are those posted here on the day you order your Rug or Carpet. We advise you to print a copy for your records.

2.5. The price of Goods may be changed by us at any time. Our prices in specific quotes are valid for 30 days from the date of the quote to which the product is made.

3. Order Process

3.1. This paragraph applies to Rug and Carpet which you buy from us.

3.2. Your order is an offer to buy from us.

3.3. We shall accept your order by e-mail confirmation. That is when our contract is made. Our contract to supply Specified Goods is a contract for both the supply of Goods and the Custom Work you have asked us to do.

3.4. The acceptance of the order is based on acceptance of the order confirmation and, in some cases, of the custom sample supplied by us to you. The custom sample is considered signed off and approved by you at the time the order is accepted by us.

3.5. Any changes to the order after email confirmation are regarded extra custom work, and may be subject to additional charges.

3.6. All colours are batch dyed. By signing the order, you accept that there will be a variance of up to 10% in the dying process. You additionally accept that additional batch dyes of the same colour for amended or additional orders may present more than 10% if variance from the original. This is the nature of yarn dying.

3.7. For divergences regarding colours, dimensions, length, weight etc. the rules which are generally applied by the seller for the products in question shall be followed. The weights per piece stated by the seller are given under no obligation.

3.8. CRONZ cannot be held responsible for delays caused by the dyer or other suppliers.

3.9. If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates.

3.10. If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition, you will pay us an agreed mark-up of the total cost of Extra Work.

3.11. Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. From that time, we are both bound to these contract terms.

4. Prices

4.1. Prices for Specified Goods are available on enquiry, either through our website or by telephone or from our current price list.

4.2. It is possible that the price may have increased from that posted on our website or on our published price list. If that happens, we will not enter a contract until you have confirmed that you wish to buy at the new price.

4.3. Prices do not include goods and services tax unless otherwise stated. If you show by your delivery address that you reside outside New Zealand, GST will not be added at the payment point.

5. Payment

5.1. We require the full price of your order before we send it, unless otherwise arranged.

5.2. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollar will be borne by you.

5.3. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order, or the order is sent.

5.4. lf we owe you money, it will be credited into your bank account by direct credit as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

5.5. Interest will be added on overdue accounts.

5.6. We accept payment by bank transfer, cash and credit card. If paying by credit card, the credit card fee will be added to the order amount.

6. Delivery

6.1. Goods will be delivered at the stated time on the order confirmation, provided we are not held up by secondary suppliers or circumstances outside our control. These times always refer to the time of dispatch from the seller's factory.

6.2. You may collect your Goods from our premises at 854 Jones Road, Rolleston if you make an appointment in advance and payment has been received into our bank.

6.3. Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery and help the driver to unload. The delivery is a door-to-door delivery and does not include unpacking or installation of the Rug or Carpet.

6.4. If we are not able to deliver your Goods on the agreed date of your order confirmation, we shall notify you by e-mail to arrange another date for delivery.

6.5. If our terms on the confirmed order include freight, goods are sent at our risk until signed for by you or by any other person at the address you have given to us. Quoted freight is an estimate only. Additional fees may apply.

6.7. We will send you a message by email to tell you when we have dispatched your order.

6.8. If the terms on the confirmed order exclude freight and you are picking up, or arranging for pickup, the goods are at your risk from the moment they are picked up from us.

6.9. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must immediately contact us so that we can investigate and minimise your inconvenience.

6.10. Signing "Unchecked", "Not Checked" or similar is not acceptable.

6.11. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

6.12. In the case of oversized orders and deliveries, some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.

6.13. For all Goods not freighted out or picked up after 2 weeks from the notification of completion, a charge of $25 + GST per piece/roll per week will be charged to you.

7. Foreign taxes and duties

7.1. If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

7.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country unless otherwise arranged.

8. Risk and retention of title

8.1. Ownership of the Goods shall not pass to you until they are fully paid for, but the risk in the Goods shall be borne by you from the date of the delivery by us or our agents.

8.2. In spite of delivery having been made, title to the Goods shall not pass from us until:

8.2.1. you have paid the price in full; and

8.2.2 no other sums whatever shall be due from you to us.

8.3. Until title to the Goods passes to you, you shall hold the Goods on a fiduciary basis as bailee for us.

8.4. If, when asked, you fail to return the unpaid or not fully paid Goods, we may enter to your premises and repossess the Goods.

8.5. You must not pledge or in any way charge by way of security any of the Goods which are our property. Without prejudice to our other rights, if you do so, all money owing to us shall immediately become due and payable.

8.6. You must keep the Goods insured to their full value against 'all risks' to our reasonable satisfaction.

9. Liability for subsequent defects

9.1. We will repair or replace Goods which fail to comply with the provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 as amended or which show a defect. If you claim that the item is defective, the following conditions apply:

9.1.1. the defect must be reported to us within 1 week after delivery;

9.1.2. the defect results only from faulty design or manufacture;

9.1.3. you have returned the defective Goods or parts to us if we have requested so.

9.2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge at our discretion.

9.3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

9.4. We will only repair or replace the Goods if payment of the Goods has been made.

9.5. For Carpet, we will not cover the cost of re-install or uplift. This is your responsibility.

10. Goods returned

These provisions apply in the event that you return any Goods to us for any reason:

10.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

10.2. If possible, Goods should be returned:

10.2.1 with both Goods and all packaging as far as possible in their original condition;

10.2.2 securely wrapped;

10.2.3 including our delivery slip;

10.2.4 at your risk and cost or by arrangement.

10.3. You must tell us by email message to info@cronz.co.nz that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

10.4. If delivery was made to a New Zealand address, you are also protected by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 as amended.

10.5. If we agree that the Goods are faulty, we will:

10.5.1 refund the cost of return carriage;

10.5.2 repair or replace the Goods as we choose.

10.6. you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if applicable.

11. Disclaimers

11.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

11.2. All conditions, warranties or other terms implied by the law of any county other than New Zealand are excluded from this agreement to the fullest extent permitted by law.

11.3. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

11.4. All Carpets and Rugs, irrespective of their colour or finish, are subjected to shading. Cut pile carpets may be subject to pile reversal, which is not a manufacturing fault, but an inherent characteristic of these flooring surfaces.

11.5. Rug dimensions may vary by up to 3% due to the tufting process. This is considered normal and acceptable.

11.6. For carpet installation, please allow extra 8-10% for fitting tolerance, depending on the room’s size and shape. It is your responsibility to advise us if the carpet measurements do or do not include fitting tolerance. If not specified, 10% fitting tolerance will be added to the quote and final size of the carpet.

11.7. Shedding of wool Rugs or Carpet is expected in the initial stages of their life. This is not a fault but a characteristic of the fibre and will stop over the time.

11.8. All Rugs and Carpet will fade in the sun. To minimise the fading, we suggest UV protection on windows and applying Microseal.

11.9. Microseal is a Rug and Carpet protectant by a third-party supplier that we can apply to your Rug or Carpet on request and for an additional charge. We cannot, however, guarantee its results.

12. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

12.1. your failure to comply with the law of any country;

12.2. your breach of this agreement;

12.3. any act, neglect or default by any agent, employee, licensee or customer of yours;

12.4. a contractual claim arising from your use of the Goods;

12.5. a breach of the intellectual property rights of any person.

13. Intellectual Property

13.1. Copyright works owned by you, or a third party are unaffected by this agreement.

13.2. The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
13.3. We retain copyright for all the Rug and Carpet designs that we create, including all the custom work.

13.4. We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, videos, reviews, and databases contained on the Website or in connection with our Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by us.

13.5. If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.

13.6. Our samples are considered "Goods" and they are not to be copied or reproduced in any way or manner.

14. Samples

14.1. We request the right to charge for all our tufted samples.
14.2. Sample charges are explained below. Below charges are per project.

14.2.1. CRONZ samples from current sample library - free of charge. All the samples are to be returned at client’s expense.

14.2.2. Custom sample to be prepared in a chosen colour and CRONZ standard style,

o   1st sample free of charge in an *available yarn colour;

o   1st sample in custom colour match or an unavailable yarn colour $160.00 + GST per colour;

o   2nd and consecutive samples $80.00 + GST in an *available yarn colour;

o   2nd and consecutive samples $160.00 + GST per colour for custom colour match or an unavailable yarn colour.

14.2.3.Sample charges for new style development,

o   1st sample $80.00 + GST in an *available yarn colours;

o   2nd and consecutive samples in an *available yarn colour $160.00 + GST;

o   custom colour match - additional charge of $160.00 + GST per colour.

*available yarn colour means the right yarn in the right colour that we currently have in stock and we do not have to order specifically for you.

14.3. Our standard tufted samples are 200 x 300mm with cut edges. For custom size and edged samples, there is an additional charge of $80.00 + GST per each.

14.4. All samples that haven’t be paid for by you, have to be returned to us at your own expense. The inability to do so will result in sample charges being charged to you at $80 + GST per sample.

15. Miscellaneous matters

15.1. When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

15.2. In the event of a dispute between the parties to this agreement, they agree to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

15.3. This agreement does not give any right to any third party.

15.4. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute between a party and its employees.

15.5. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

15.6. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.

16. Force majeure

16.1. Each event affecting the seller or his sub-supplier, which event cannot be hindered, and which makes the delivery more difficult or is delaying the delivery, gives the seller the right to either cancel the agreement or extend the time of the delivery.

16.2. Examples of such events are war, mobilization, political troubles, export and/or import prohibitions affecting New Zealand or other countries, labour conflicts, fire, machinery breakdown in our own or other supplier's factory, lack of means of transport, traffic disturbances, shipwrecks, lack of power supply, natural events or other conditions of any kind which affects our delivery capacity, but which are beyond our control.

16.3. Should a manufacturer referred to in a purchase agreement close his manufacturing of the sold, or our stock kind of goods, we exempt ourselves from all liability to deliver. At such as closing we will, however, immediately inform the buyer.