Terms & ConditionsAcceptance of terms
These terms and conditions govern all supply of goods and services ("products") by Cardwell Inc Limited ("Cardwell Inc", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.cardwellinc.co.nz ("the website"). They are effective from 8 March 2021 and will replace all earlier Cardwell Inc 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 and conditions 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.
Trade accounts are available to designers and stockists. For an application form email firstname.lastname@example.org
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 give notice of the non-availability on our online shop.
Shipping and Delivery
Prices stated on our website are exclusive of any applicable delivery charges.
All artworks are wrapped and thoroughly packaged for their journey to you. Wall-works are sent in a mail tube or if mounted on white board will be sent flat. Sculptures are sent boxed.
Once confirmation of payment is received the goods will be shipped. Please send proof of payment for urgent shipping.
NEW ZEALAND ORDERS
We charge a flat rate of $9.50 for orders within New Zealand valued under $250.00 and free shipping for orders valued over $250.00.
Estimated delivery time is 3-5 business days, depending on the delivery schedule of our courier. Please get in touch with us if you are waiting on a parcel that has not arrived within 3-5 working days or if you do require urgent shipping (extra fees may apply).
If you live outside New Zealand, please get in contact with us at email@example.com so that we can arrange a shipping quote for you. We ship worldwide (excluding UAE).
Please note that orders can sometimes be held by customs on entry into your country which can impact delivery times. You are responsible for any VAT, tariff, duty, taxes, handling fees, customs clearance charges, etc. required by your country for importing consumer goods.
We will use all reasonable endeavours to ensure that orders for tangible products (except for commissions) will be dispatched promptly after an order has been placed.
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise. 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.
We accept payments through bank deposit to:
Cardwell Inc Ltd
Disclaimer: All wall-works are individually hand-made and sculptures are made using found objects. As such we cannot guarantee that they will be free of flaws, and in some cases the faults are part of the sculptural feature of the work. Some constructions are, by their nature, unstable. In addition, the works are photographed or videoed in an ecommerce facility. We endeavour to capture as close a match to the colours and representation of the found objects but cannot guarantee that any image is displayed accurately on your device.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the products are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
Please get in contact with us at firstname.lastname@example.org if you consider that the products are faulty to arrange an assessment of your claim. To complete your return, we will require a receipt or proof of purchase and images of the defects.
Once we have considered your claim we will notify you of our decision. If we decide to offer you a refund we will ask you to return the products to us. Once we receive the products we will process your refund, and a credit for the price and your shipping costs will be paid to your bank account.
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 Contract and Commercial Law Act 2017 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 you are based.
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.