Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Barville Ltd - Simply Divine Kitchen, "we, "us") to you, the purchaser of goods and services from us, including your use of the website – www.simplydivineclothandcloth.co.nz

They are effective from date of purchase and will replace all earlier Simply Divine Cloth & Clay terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards:

Eftpos, Visa, MasterCard, Afterpay, Apple pay

Credit Card Security

All payments are processed via Windcave a secure payments system to ensure high levels of payment security and are subject to Windcave terms and conditions.

Click here to for windcave online merchant guide:
https://www.windcave.com/merchant-ecommerce

Shipping and delivery

Free Delivery
Simply Divine Cloth & Clay offers delivery New Zealand wide. Free delivery applies to all online orders over $200 to addresses in the North and South Island. At Simply Divine Cloth & Clay we endeavour to process your order on the day it is received and can courier it directly to your home or business. If you have any special requests, please let us know.

Delivery Time Frames
Please allow 3 to 6 business days for delivery of your order from receipt of payment. Please note there are no deliveries on public holidays or over weekends. Rural delivery may require a further 2 days lead time depending on the location. Please note Waiheke and Stewart Islands require an extra delivery fee to be quoted prior to the order being dispatched.

Tracking and Delivery
Tracking and delivery with NZ Post.

Collect from Simply Divine
This option is available when you place your order within the Checkout Process when selecting the shipping option. We will inform you via email when your order is ready to be collected from the store. Please contact us on 07 827 3004 should you have any questions.

If there are any anomalies with the freight option selected due to oversize or weight or any issues with the delivery address we will contact you prior to dispatch of your order to discuss any extra costs. You will be given the option to cancel the order should any extra costs be deemed unacceptable.

From time to time we may not be able to complete your order due to various reasons such as out of stocks. In this situation we will contact you as soon as possible to advise you of the options which can include a refund. We will advise the most accurate ETA of any out of stock products but where there are any ETA changes outside of our control and the timeframe becomes unacceptable a refund option will be offered.

You may choose to opt for a delayed delivery if the out of stock product ETA is an acceptable timeframe and we will contact you on its arrival. We are sorry if any goods that are unable to be supplied reduce your order to below the Free Freight value of $200. In this case we can provide the option of delaying the whole order without payment until the out of stock item/s arrive in store. We will contact you on their arrival.

Returns

Unsuitability
If you wish to return your purchase to Simply Divine Cloth & Clay due to unsuitability for a refund or exchange you need to contact us advising us of the situation and you may return it within 14 days. Items returned due to unsuitability requiring a refund MUST be in unopened and unused condition and have all the original packaging and labeling intact so we are able to resell the item. You must include the original documentation received with the order. We will fully refund the price of the goods minus the original freight cost. Return of the goods is at your cost. If you are able to return the goods in person we will endeavour to make the exchange or refund immediately but in some cases this may not be possible.

Receiving Deliveries
We package all our deliveries carefully to minimise the possibility of any damage in transit occurring but should this occur we apologise for any inconvenience. When receiving delivery of goods please carefully check your delivery for any signs of external or internal damage and if you are unsure please DO NOT SIGN or accept delivery. It is then the couriers responsibility to return the goods to us. You need to notify us at Simply Divine Kitchen 07 827 3004 within 48 hours of receiving the delivery if there has been any damage in transit that was not evident when the delivery was received.

Please repack any goods to be returned carefully to avoid any damage in transit.

Please address any returns to:
Simply Divine Cloth & Clay
4 Empire Street
Cambridge 3434

Damaged or Faulty Goods
For any product supplied by us that is faulty or that has suffered damage in transit, Simply Divine Kitchen will provide sufficient courier tickets to have the product returned. Please contact us immediately in the unfortunate situation that this may have occurred so we can arrange to get the product/s returned for assessment. Please include the original documentation received with the order. Once the product has been received we will assess the goods to ensure they meet the return criteria. Items that are damaged or faulty due to misuse by the purchaser or other person will not qualify for a refund or free replacement. If there is an issue with this we will contact you to discuss the problem.

For any product supplied that is faulty or that has suffered damage in transit you will be offered the choice of a refund or free replacement. If you choose a replacement it will be dispatched free of charge to you as soon as possible once the faulty or damaged product has been returned to us. If there are any out of stocks preventing us from providing a replacement we will contact you to discuss your preferred solution which can include a refund.

If you choose a refund it will be processed within 5 days upon receiving the goods at Simply Divine Cloth & Clay

Please note that if you are able to drop the goods off to us in person to Simply Divine Cloth & Clay we may not be able to assess the product or process any resulting refund immediately.

Refund Exclusions
Items we are unable to refund or exchange include:

• Products that have been specially ordered in.
• Gift vouchers or store credits.
• Items that are missing their original packaging, labeling or have been opened or used and are therefore unable to be resold.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at .
https://www.simplydivineclothandclay.co.nz/

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.