1. Welcome to the E-Commerce website of Warwick Fabrics (New Zealand) Pty Ltd (Warwick Fabrics) for its WEAVE goods (Goods).
5. Warwick Fabrics may offer online discounts from time to time on www.weavehome.com.au. Online discounts will not be available to trade accounts.
6. Prices quoted for the supply of Goods are in New Zealand dollars and include GST and any other taxes or duties imposed on or in relation to the Goods, when supplied and delivered within New Zealand.
7. Prices displayed online are subject to change.
8. If you request any variation to an order placed online (Order), Warwick Fabrics may increase the price to account for the variation.
9. Where there is any change in the costs incurred by Warwick Fabrics in relation to the Goods, Warwick Fabrics may vary its price to take account of any such change, by notifying you in writing.
10. If Warwick Fabrics discovers an error in pricing that appears online and which has been applied to your Order, Warwick Fabrics will inform you in writing within two business days of identifying the pricing error.
11. When there is a change to price under Clause 9 or 10, and written notice is provided by Warwick Fabrics to you, you may:
a. Agree to purchase the Goods at the revised price; or
b. Cancel the order insofar as it relates to the Goods subject to the proposed price change and receive a refund.
Acceptance of Order
12. Any order placed online is accepted by Warwick Fabrics when you receive a confirmation email from Warwick Fabrics.
13. Once an order is accepted by Warwick Fabrics, any returns and refunds will be dealt with according to our returns and refunds policy.
Availability of Goods
15. Any period or date for delivery of Goods stated by Warwick Fabrics is an estimate only and not a contractual commitment.
16. Warwick Fabrics will use its reasonable endeavours to meet any estimated dates for delivery of the Goods but will not be liable for any loss or damage suffered by you for failure to meet any estimated date.
17. Where Warwick Fabrics reasonably believe an Order will take more than 14 days it will notify you in writing and provide an estimated delivery time.
19. Warwick Fabrics does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by Warwick Fabrics in good faith on an "as is" basis without warranty of any kind.
20. The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, more complete or more timely sources of information.
21. The Site may contain historical Information that is not current and is provided for reference purposes only.
22. The Information does not constitute professional advice or advice about the suitability of its products for your or any circumstances.
23. Warwick Fabrics does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
24. Warwick Fabrics reserves the right to vary or modify the Information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.
25. Warwick Fabrics makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus and similar checks on any Information downloaded.
26. All warranties, representations and implied terms and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the extent permitted by law.
27. Warwick Fabrics reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason.
28. Warwick Fabrics will use reasonable endeavours to ensure that the Site is available continuously, however Warwick Fabrics does not guarantee that access to the Site will be continuous or uninterrupted.
Limitation of Liability
29. Warwick Fabrics will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information on this Site or the selection of Goods or services referred to on it. Under no circumstances will Warwick Fabrics be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, Warwick Fabrics will not be liable for those costs.
30. Where liability cannot be excluded, to the extent permitted by law any liability incurred by Warwick Fabrics is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.
Links to other Sites
33. The copyright in the content of this Site is owned by Warwick Fabrics and/or its affiliates. All rights reserved.
34. You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws.
36. You expressly acknowledge that your use of the Site does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.
37. Commercial use of the Site and the Information is expressly prohibited.
38. All trade marks and trade names which appear on this Site are proprietary to Warwick Fabrics and/or its affiliates. Use of these trade marks without the owner's consent will infringe the owner's intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
39. Any publication of Warwick Fabrics' email addresses on this Site is to facilitate communications relating to the Goods and services supplied by Warwick Fabrics. It must not be inferred as consent by Warwick Fabrics to receive unsolicited commercial electronic messages.
40. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
41. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
42. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) are valid and enforceable.
43. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
44. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.