Legal notice

Table Eight - Terms and Conditions of Sale


These Terms and Conditions of Sale (“Terms”) apply to the sale by Table Eight Limited (NZBN:9429053012487) (“we”, “us” or “our”) of any products (“Products”) you (“you” or “your”) purchase from our website, www.table8.co.nz. You accept these Terms by placing an order. If you are also hiring products from us, our Terms and Conditions of Hire apply to the hire of products from us.

Ordering

  • To place an order, you need to set up an account. Please provide only your own accurate details so we can ensure your Products are delivered to you. You are responsible for maintaining the confidentiality of your account password and credentials. You must not share your password or account access with any third
    party. You are solely responsible for all activities that occur under your account, whether or not authorised by you. You agree to notify us immediately upon discovering any unauthorised use of your account and to cooperate fully with any investigation,
  • You place an order by selecting your Products and making payment at checkout (or directly to us if you are also hiring products from us as part of your order). Your order is accepted by us, and a binding contract is formed when we send you an email confirmation of your order to the email address you provided.
  • We may limit the total number of a Product you can purchase in one transaction.
  • We may be unable to fulfil your order, or may need to cancel your order, for reasons including: Product being out of stock, your payment being unsuccessful, pricing errors, Product discontinuation, supplier issues, or other circumstances beyond our reasonable control. If your payment is declined or insufficient, we will notify you and may attempt to process it again or cancel your order. If payment has been processed and we cancel your order, we will issue a refund to the same payment method. We are not liable for any indirect, consequential, or special damages arising from our inability to fulfil an order or from order cancellations, except as required by law.
  • By placing an order, you warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract, and that you have the legal right to use the payment method provided. If you are placing an order on behalf of an organisation, you warrant that you have the authority to bind that
    organisation to these Terms and that the organisation agrees to be bound.

Delivery

  • We will dispatch your order after we receive payment and confirm your order by email. We may dispatch your order in one delivery or in instalments.
  • Unless you are also hiring products from us as part of your order (in which case we will deliver your Products ourselves), we use third-party courier services to deliver our Products. We select couriers with reasonable care but are not responsible for courier delays, errors, or failures to deliver except as required
    by law.
  • We will provide you with an estimated delivery timeframe when you place your order. All delivery times are estimates only and are not guaranteed. Delivery times may be affected by factors beyond our reasonable control, including courier delays, weather events, public holidays, and delivery address
    accessibility. Please contact us if you have not received your Product(s) within 5 business days after the estimated delivery timeframe, so we can help track them down. Your failure to contact us about delayed delivery within a reasonable time may affect our ability to investigate and resolve delivery issues.
  • If the courier is unable to deliver your Product (for example, if no one is available to receive it, access is denied, or the delivery address is incorrect or inaccessible), the courier will provide instructions for redelivery or collection. If the Product is not collected or redelivered within the timeframe specified by the
    courier, it will be returned to us. We reserve the right to charge you reasonable redelivery fees and return delivery costs. If you do not arrange redelivery or collection and do not contact us within 14 days of the Product being returned to us, we may treat the order as cancelled and retain any payment to cover our
    costs, with any remaining balance refunded to you.
  • If delivery is significantly delayed beyond the estimated delivery timeframe (more than 5 days past the expected delivery date), you may contact us to request an update. If the delay exceeds 10 days from the estimated delivery date, and the delay is not attributable to your fault (e.g., incorrect delivery details or unavailability to receive delivery), you may cancel your order and receive a full refund.
  • If a Product is lost or damaged in transit, we will offer you a replacement or refund.
  • Products are only available for delivery in New Zealand, unless your order is combined with an order for hireage of products in which case delivery is limited to the Hawkes Bay region. Products may be delivered only to street addresses (not P.O. Box addresses).
  • If there is an error with your delivery details, please contact us so we can try to change the details. If it is too late to change the details, there may be a delay to the delivery of your Product, and we may charge are-delivery fee.
  • Delivery is complete when the Products have been delivered to the address you provided.

Returns, refunds and exchanges

  • You may return a Product if it is faulty, for example, if it does not meet our guarantees, or it is not what you ordered. Please let us know of any Product faults within 7 days of delivery by emailing info@table8.co.nz and describing the fault. Failure to notify us within this timeframe may affect our ability
    to investigate and remedy the issue. We may require you to send the Product(s) back to us and, if the Product(s) is confirmed as faulty or incorrect, we will refund you any delivery fees.
  • If the fault is not substantial and can be remedied, we will provide you with a replacement, repair or refund (at our discretion). If the fault is substantial and cannot be remedied, you are entitled to choose a refund or replacement. Any refunds will be provided to the original payment method.
  • You cannot amend or cancel an order once accepted by us. However, we offer exchanges where you change your mind about a Product order if the Product(s) is returned within 14 days from the date of delivery, unused, in original condition with all tags and labels attached, and in original packaging. You are responsible for return shipping costs. Products must be returned in a condition suitable for resale.

Pricing

  • All prices for the purchase of Products are as displayed on our website and are in New Zealand dollars and include GST unless otherwise stated.
  • Prices are subject to change.
  • While we make every effort to ensure that all prices displayed on our website are accurate, pricing errors may occur. If there is an obvious mistake in a price on our website (such as charging significantly less than the reasonable market value or our usual price for the Product), we may cancel your order and will notify you promptly. We will provide a full refund of any payment received.
  • Delivery costs may vary depending on your delivery address (for example, rural delivery may have a higher delivery cost). Delivery costs will be calculated and displayed at checkout before you complete your purchase. If you are also hiring products from us, and the Products will be delivered by us at the same time as the hired products, no additional delivery fees will be charged.

 

Promotions

  • We may sometimes offer a lower price for a Product for a set period of time. The following terms apply to promotions: A promotion will usually finish at the end of the promotion period or when stock is sold out (whichever happens first). However, we reserve the right to end a promotion early at our sole discretion, including without notice, provided that orders already accepted by us will be honoured at the promotional price. We may sometimes run a short promotion without an expiry date (eg. to clear stock).
  • All promotion dates and times are New Zealand standard time.
  • If a promotion has a minimum purchase requirement, GST and delivery fees will not count towards the minimum purchase amount. Promotions are available to all customers unless otherwise specified in the promotion terms. Geographic restrictions, customer eligibility criteria, and any purchase requirements will be clearly stated for each promotion at the time the promotion is offered.
  • To use a discount code, you must meet the requirements of the promotion (as set out in the promotion).
  • Each discount code will specify whether it applies to specific products, product categories, or requires a minimum order value. A discount code cannot be transferred to another customer, is valid only for the stated period (unless cancelled earlier by us), and cannot be resold or exchanged for cash. You can only use one discount code per order. Discount codes cannot be combined with other promotional offers, discounts, vouchers, or special promotions unless explicitly stated in the promotion terms. We reserve the right to exclude certain products, categories, or services from promotional offers and discount codes. Any exclusions will be specified in the promotion terms. Additional terms and conditions may also apply to promotions and giveaways, we will post these on our website.

Payment

  • You must pay for your Products, including applicable delivery charges, before we will send them to you.
  • You must pay using one of the available payment methods displayed at checkout, or as otherwise agreed
    by us.
  • You may be directed to the payment provider’s website to complete payment. Their terms and conditions
    will also apply to your transaction. We are not responsible for any issues, errors, delays, or failures in the
    payment processing system operated by third-party payment providers.
  • If you pay by credit card, there may be an additional fee. 

Your responsibility for Product use

  • You must only use a Product for its intended purpose, and you must comply with any instructions on a Product or its packaging. If you use a Product for any other purpose, you take responsibility for the result.

Product Guarantees and Disclaimers

  • We always aim to show Products and measurements accurately on our website, but product images and colours may vary from actual products due to screen settings, photography, and lighting conditions. Minor variations in product specifications such as dimensions, weight, colour, textures, packaging and measurements do not constitute a breach of contract, provided the Product remains fit for its intended purpose and meets our guarantees as set out in these Terms.
  • Some Products may come with a manufacturer's warranty. Any manufacturer warranties are provided by the manufacturer, not by us. We are not responsible for the performance, validity, or enforcement of manufacturer warranties. We will use reasonable efforts to pass through any manufacturer warranty documentation and rights to you, but we make no guarantee that manufacturer warranties will be available, valid, or enforceable. Any claims under a manufacturer's warranty must be made directly to the manufacturer.

Intellectual Property

  • All intellectual property rights in and to the website, Products, content, images, descriptions, logos, trademarks, copyrights, designs, and all other materials provided by us remain our exclusive property or that of our licensors. No transfer of ownership of any intellectual property rights occurs through your purchase or use of Products.
  • You are prohibited from copying, reproducing, distributing, modifying, displaying, performing, or creating derivative works from any website content, product images, descriptions, or other materials without our express written permission.

Limitation of Liability and Exclusions

  • If you are in New Zealand and acquire our Products for personal, domestic or household use, you have rights under the New Zealand Consumer Guarantees Act 1993 ("CGA";) and the Fair Trading Act 1986 ("Consumer Law") that cannot be excluded. Nothing in these Terms excludes, restricts or modifies your rights under Consumer Law where you acquire the Products for personal, domestic or household use. However, if you acquire the Products for business purposes, you agree that the provisions of the CGA do not apply to the supply of the Products, and you acknowledge that it is fair and reasonable that the parties are bound by this exclusion.
  • Other than as set out in these Terms, or required by Consumer Law, we do not provide any warranties or guarantees for our Products including but not limited to any warranties as to the fitness for purpose, merchantability, quality, condition, or suitability of the Products for any particular use or event. The
    Products are sold on an "as is" basis. We make no representations or warranties regarding the Products'; ability to meet your specific requirements or expectations. You are responsible for selecting the appropriate product for your needs.
  • To the maximum extent permitted by law, our total liability to you for any loss or damage arising from or related to any Products you purchase from our website will be limited to the purchase price you paid for the relevant Product. In no event shall we be liable for any consequential, indirect, incidental, special, or
    punitive damages arising from the sale, purchase, or use of any Products.

Changes to these Terms

  • We may change these Terms at any time by posting the updated Terms on the website. The updated Terms will apply to any Products purchased after the new Terms are uploaded.

Privacy and Data Protection

  • When we collect personal information from you (as defined in the Privacy Act 2020) we will collect, hold, use, store and disclose that information in accordance with our obligations under the Privacy Act 2020. You have rights under the Privacy Act 2020 to access and request correction of your personal information.

 

Governing Law and General Legal Terms

  • These Terms are governed by the laws of New Zealand. Any dispute relating to these Terms or the Products that we cannot resolve with you through good faith negotiation within 30 days must be resolved in the courts of New Zealand, and you irrevocably submit to the exclusive jurisdiction of the New Zealand
    courts.
  • Although the website may be accessed from countries outside New Zealand, we only supply Products for use within New Zealand.
  • We will not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, epidemics, public health emergencies,
    government orders or regulations, strikes, or other force majeure events. If we are unable to fulfil your order due to force majeure circumstances, we will notify you within five (5) business days and provide you with the following options: (a) cancel your order and receive a full refund to your original payment
    method; or (b) accept an alternative product of comparable or greater value if available. You must notify us of your chosen option within ten (10) business days of receiving notice of the delay. If we do not receive your response within this timeframe, we will determine the most reasonable resolution under the
    circumstances. In such circumstances, our liability is limited to providing the options set out above.
  • All notices and communications required under these Terms must be given by email. For you, to the email address stated in your order, and for us at info@table8.co.nzNotices will be deemed to be given when sent by email, if transmitted before 5pm on a business day or otherwise on the next business day.