Full Terms & Conditions

 

1.             Definitions

1.1.  “Seller” shall mean Dawsons Furniture Limited and its successors and assignees.
1.2.  “Customer” shall mean the Customer, Consumer, Buyer or any person acting on behalf of and with the authority of the Customer.
1.3.  “Goods” shall have the same meaning as in section 2 of the Sale of Goods Act 1908 and are goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.4.  “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).

 

2.             Warranty

2.1.  The following only applies if you are a “Consumer” as defined in section 2 of the New Zealand Consumer Guarantees Act 1993 and acquiring the product for personal, household use or consumption and may not apply in your particular case.

 

3.             Consumer Guarantees:

3.1.  Under the Consumer Guarantees Act 1993 ('CGA'), you have guaranteed legal rights for goods [and services] you buy. These are called 'consumer guarantees', and include the following:
3.1.1.  a guarantee that the goods are of acceptable quality, such that the goods are:
3.1.2.  fit for all the purposes for which goods of that type are commonly supplied;
3.1.3.  free from minor defects;
3.1.4.  safe;
3.1.5.  durable; and
3.1.6.  acceptable in appearance and finish;
3.1.7.  a guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit;
3.1.8.  a guarantee that the goods correspond with any description with which the goods are supplied; and
3.1.9.  a guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.
3.2.  If the goods (or services) we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.
3.3.  The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.
3.4.  If you are acquiring goods (or services) from Dawson Furniture Limited for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods (or services).
3.5.  This returns policy is not intended to exclude or limit any rights which you may have as a consumer under the CGA 1993, and may not necessarily describe all rights you may have.

 

4.             Consumer Guarantees:

4.1.  Our goods come with guarantees that cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure.  You are entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
4.1.1.  Minor Failure
4.1.1.1.  
If the goods (or services) we supply do not comply with a consumer guarantee, but can be remedied within a reasonable time, we will either repair the goods or replace the goods with goods of identical type. If we cannot repair or replace the goods within a reasonable time, we will provide you with a store credit or refund of the purchase price once goods are returned and assessed.
4.1.2.  Major Failure
4.1.2.1.
 A 'major failure' is where the failure in the goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a 'failure of substantial character' as set out by section 21 of the Consumer Guarantees Act. If a failure amounts to a major failure, you are entitled to return the goods and choose to have a replacement of the returned goods, a store credit or a refund. Alternatively, you may elect to retain the goods and obtain mutually agreed compensation for the reduction in value of the goods.  Where you choose a replacement, we will, where available, provide goods of the same type and similar value to the returned goods.

 

5.             Additional Warranties:

5.1.         Some goods you purchase from us may come with the additional warranties below.  Under this additional warranty, we choose whether to repair or replace, and that is the limit of our liability under this additional warranty.  These are in additional to the other rights and remedies available to you under the New Zealand Consumer Law
5.2.         These additional warranties are offered by Dawsons Furniture Limited having regard to the nature, design and features of the Goods.  For example, if the goods are of a rustic or organic nature, then surface details may vary from imagery and display models.  Where natural materials are used in the manufacturing process or are handmade, minor variations will occur from piece to piece.  Such variations as a result of the nature of the goods are not considered defects under this warranty
5.3.          Any additional warranties below do not apply to:

5.3.1.   Defects or damage resulting from negligence, abuse or misuse, including (but not limited to) inadequate or improper maintenance, exposure to water, direct sunlight, salt air, infestations, freeze damage, glass breakage, chemicals (including sunscreen), accidents or any use for which the product was not designed nor does it cover ordinary wear and tear or improper installation;

5.3.2.  Defects or damage resulting from wind damage, hurricanes, tornadoes, floods, fire, earthquakes or any other similar acts of Force Majeure;

5.3.3.  Timber being a natural material varies in colour and grain orientation and will weather and when exposed to the elements. Checks, splits, cracks and colour change are all natural weathering processes and are not covered by warranty;

5.3.4.  The fabric or leather coverings of goods or furniture or cane/wicker furniture (unless the terms of sale expressly say so). Natural fading and normal wear and tear is unavoidable and therefore not covered by the warranty.  Fabrics, leathers, suspension components, cushioning and fillings will show signs of wear and tear with use. Normal wear and tear is not covered by this additional warranty. Fabrics and leathers will fade and crease. Foam and fillings will soften and form to the shape of the user over time. Depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the purchaser’s expense. Scars, marks and differing pore density and colour are natural characteristics of leather and are not to be considered defects.

5.3.5.  All stitching on outdoor fabrics, synthetic weave chair covers, umbrella fabric and umbrella covers (excluding Sunbrella fabric) are not covered under warranty for the loss of colour or strength, under normal usage, care and exposure conditions

5.3.6.  All indoor upholstery fabrics remain subject only to the manufacturer’s warranty, where applicable;

5.3.7.  Any failure by you to follow the Dawsons Furniture Limited Care Instructions or manufacturer’s instructions or specifications;

5.3.8.  Any repair or replacement under this warranty is limited to the defective part of the product only. Freight, house calls, labour and other items are charged to the purchaser at standard Dawsons Furniture Limited rates and are not covered by this warranty. Covering components replaced under this additional warranty may vary in colour and texture to the original.

5.3.9.  If a product is relocated from its original delivery location by transporters not approved by Dawsons Furniture Limited or the relocation caused damage due to improper packaging and transporting;

5.3.10.  If a product has been modified or incorrectly stored, maintained or used.

5.3.11.  Any furniture which has been exposed to Extreme Use {Extreme Use is damage caused by more than “normal wear and tear;” or spills such as acid, solvents, dyes, or other corrosive materials, inks, paints or body fluids; moisture of any kind, improper cleaning techniques or placing furniture outdoors, in close proximity to heat or in direct sunlight;

5.3.12.  Any work, attempt to repair or installation carried out on the item by a contractor or third party not approved by Dawsons Furniture Limited

5.3.13.  Dawsons Furniture Limited reserves the right to decide in its sole discretion whether a component should be repaired or replaced.

 

6.             Other Manufacturers Warranties

6.1.  If a separate additional manufacturers’ Warranty applies, then Dawsons Furniture Limited will advise you of its details.

 

7.             Manufacturers Warranties

7.1.  The following warranties will be available to the relevant goods purchased from Dawsons Furniture Limited, unless the description of the good or product specifies otherwise. These words have the following meaning in the table below;

7.1.1.  “Commercial Use Furniture” means furniture for business, commercial, industrial, hospitality or any non-residential purpose or use;

7.1.2.  “Furniture” incudes furniture used for personal, domestic or household use or consumption but excludes Commercial Use Furniture;

7.1.3.  “Ex-Showroom Stock” means certain goods which are sold of the showroom sales floor. The same warranties and criteria in the table apply to the purchase of Ex-Showroom Stock, however the warranty for Ex-Showroom Stock will be subject to implied guarantees as well as to the state of repair of the Ex-Showroom Stock item at the time of sale.  The purchaser also acknowledges he or she has seen or examined the Ex-Showroom Stock prior to purchase or noted the description of the goods including the goods state of repair.  Not all Ex-Showroom Stock will come with an Ex-Showroom Stock Warranty – this will depend on the condition of each item;

7.1.4.  “Clearance Stock” means certain goods which are end of line, second-hand, used, BGrade quality or ex-rental. The same warranties and criteria in the table apply to the purchase of Clearance Stock, however the warranty for Clearance Stock will be subject to implied guarantees as well as to the state of repair of the Clearance Stock item at the time of sale.  The purchaser also acknowledges he or she has seen or examined the Clearance Stock prior to purchase or noted the description of the goods including the goods state of repair.  Not all Clearance Stock will come with an Ex-Showroom Stock Warranty – this will depend on the condition of each item.  Through the completion of the financial sale transaction, the purchaser acknowledges he or she has seen or examined the purchased item and is responsible for checking and accepting the item’s current condition and noting the description of the goods prior to purchase, including the goods state of repair;

7.1.5.  “Structural Warranty” means a warranty relating only to the frame or internal structure of a product;

 

Type of Warranty

Period of Warranty

Further Information

Structural Warranty for Furniture

5 years

(2 years for Ex-Showroom Stock, 1 year for Clearance Stock)

Exclusions in paragraph 5 above

Structural Warranty for Outdoor Furniture

5 years

(2 years for Ex-Showroom Stock, 1 year for Clearance Stock)

Exclusions in paragraph 5 above

Warranty for Sunbrella Fabrics

5 years

 

Exclusions in paragraph 5 above

 

Warranty for paint and/or powder coated items, including peeling or blistering

2 years

 

Exclusions in paragraph 5 above

 

Warranty for mechanical or motorised parts

1 year

 

Exclusions in paragraph 5 above

 

Upholstery Items

1 year

 

Exclusions in paragraph 5 above Includes compression and expansion from polyurethane foam and feather inserts

Excludes change of mind for feather inserts

Warranty for Lighting, Personal Accessories and Homewares

6 months

 

Exclusions in paragraph 5 above

Does not apply to Light Bulbs/Globes

Structural Warranty for Commercial Use Furniture

2 years

(1 year for Ex-Showroom & Clearance Stock)

Exclusions in paragraph 5 above Once certain items within the Dawsons Furniture Limited range are suitable for commercial use.  For this warranty to be valid, the relevant sales document must state that this Commercial Use Furniture warranty applies

 

8.             Remedies & Solutions

8.1  Dawsons Furniture Limited cannot give an exact timeframe by which a product will be repaired (if capable of repair) but will do so (if capable of repair) within a reasonable time.

 

9.             Remedies

9.1  Certain legislation imply guarantees and impost obligations upon Dawsons Furniture Limited, which cannot be excluded, restricted or modified. Where such statutory provisions apply to the extent which Dawsons Furniture Limited is entitled to do so, its liability shall be limited at its option:
9.1.1.  In the case of supply of Goods, the replacement of the Goods of supply of equivalent Goods;
9.1.2.  The payment of the cost of replacing the Goods or acquiring equivalent Goods; or
9.1.3.  The payment of the cost of having the Goods repaired; or
9.1.4.  The repair of the Goods.

 

10.          To Claim under any of the above Warranties

10.1.  To be entitled to claim under an of the above warranties you must:
10.1.1.  Should a defect of imperfection appear in the item within the period specified in the table in Paragraph XXXX above, stop using the item immediately;
10.1.2.  To make a claim under this warranty you must, before the warranty period expires:
10.1.3.  Call the Dawsons Furniture Limited on the number advised from any of our staff or email service@dawsonandco.nz and provide the receipt of proof of purchase, details (including photos where possible) of what you consider the defect to be and the circumstances in which the defect appeared, and all other relevant communications in respect of the Warranty claim or goods;
10.1.4.  Once received by Dawsons Furniture Limited, the product will be inspected to determine if the item is defective and if it is covered by the Dawsons Furniture Limited warranty, and if, acting reasonably, we agree the item is defective and the warranty responds, we will provide the remedies outlined in paragraph XXXX above;
10.1.5.  If the product is not covered under warranty, all replacement, repair, and shipping costs are responsibility of the customer. Dawsons Furniture Limited cannot return unrepairable unwarranted products to the consumer if they are unsafe to use in their unrepaired condition. Dawsons Furniture Limited will make the final decision on whether or not shipping charges will be charged for the shipping of the replacement product;
10.1.6.  Should a retailer or distributor replace product before consulting Dawsons Furniture Limited, it is at the sole discretion of the retailer or distributor and they may not be reimbursed by Dawsons Furniture Limited. When a product or part is exchanged, any replacement item becomes property of the customer and the returned product becomes the property of Dawsons Furniture Limited which may destroy it.
10.2.  This additional warranty will end immediately if the furniture becomes defective as a consequence of misuse, indoor Goods used outdoors, lack of proper care and maintenance, commercial use or handling in transit.

 

11.          If Purchaser is an Interior Designer

11.1.  Where the Purchases is an Interior Designer, the Interior Designer warrants to Dawsons Furniture Limited that they will not make any representations to their customer to the effect that the Interior Designer is nan agent for Dawsons Furniture Limited. In addition, the Interior Designer will not offer any Warranty beyond that which already applies to the contract for sale between Dawsons Furniture Limited and the Interior Designer;
11.2.  If the purchaser is an Interior Designer, then the Interior Designer is responsible for payment of the goods, not their own customer.

 

12.          Warranty Limitations

12.1.  This warranty applies to the original purchaser and is not transferable to a subsequent purchaser. Dawson Furniture Limited’s sole obligation under this warranty is to either, at its discretion: (1) repair the claimed defect at no charge, (2) exchange the product with a product that is new or which is at least functionally equivalent to the original product, or (3) a credit amount, determined by Dawsons Furniture Limited towards the purchase of a new product. Dawson Furniture Limited must be notified in writing of any claim under this warranty within 60 days of any claimed lack of conformity of the product.

 

13.          Warranty Exclusions

13.1.  This warranty does not cover the following:
13.1.1.  Products that have been modified, neglected or poorly maintained, used for commercial purposes, misused or abused or involved in accidents. It is your responsibility to regularly examine the product to determine the need for normal service or replacement;
13.1.2.  Damage occurring during shipment of the products (such claims must be presented directly to the shipper);
13.1.3.  Products that are purchased used, or in not-new condition without original packaging;
13.1.4.  Damage to products resulting from improper assembly or repair (or the techniques used), the use or installation of parts or accessories not compatible with the original intended use of the product, or the failure to follow the product warnings, installation and usage instructions. This warranty does not apply if components of the original product are removed or original finish has been modified or removed;
13.1.5.  Damage to the product finish, aesthetics or appearance of the product;
13.1.6.  The labour required to remove and/or re-fit and re-adjust the item covered by this warranty or any product that it is attached to;
13.1.7.  Any costs associated with returning or shipping warranted or non-warranted products.
13.1.8.  Normal wear to the product. Components may have symptoms of wear in less than their warranted time frame depending on amount of use, type of use and other conditions. This includes products that have reached the end of their normal life expectancy before the warranted time frame expires;
13.1.9.  Commercial claims made by any merchant, retailer, commercial seller or reseller (not on behalf of an individual consumer);
13.1.10.  Products purchased through unauthorized distribution channels (i.e. Trade Me or via an unauthorized internet seller, swap meet or private party) or products originally intended to be sold in a country other than the one you purchased them in or from (i.e. grey market goods);
13.1.11.  Any products for which the consumer does not follow the warranty procedures outlined above.
13.2.  The duration of any implied warranty or condition, of merchantability, fitness for a particular purpose, or otherwise, on this product shall be limited to the duration of the express warranty set forth above. In no event shall Dawson Furniture Limited be liable for any loss, inconvenience or damage, whether direct, incidental, consequential or otherwise, resulting from breach of any express or implied warranty or condition, of merchantability, fitness for a particular purpose, or otherwise with respect to this product, except as set forth herein;
13.3.This warranty gives you specific legal rights, and you may also have other rights. This warranty will be interpreted pursuant to the laws of New Zealand;
13.4.  This warranty is not intended to confer any additional legal, jurisdictional or warranty rights to you other that those set forth herein or required by law. If any portion of this warranty is held to be invalid or unenforceable for any reason, such finding will not invalidate any other provision.

 

14.          Refunds (if applicable)

14.1.  Refunds will be issued at the discretion of Dawsons Furniture Limited;
14.2.  Only regular priced items may be considered for a refund, unfortunately sale items cannot be refunded;
14.3.  Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your item and any associated replacement or refund. There are certain situations where only partial refunds are granted: (if applicable);
14.4.  If you are approved for a credit, then your replacement or refund will be processed. In the instance of a refund, a credit will automatically be applied to your credit card or original method of payment, within a reasonable amount of days.

 

15.          Delivery & Risk

15.1.  When title passes to the customer the goods are at the customer’s risk whether delivery has been made or not. Delivery of goods shall be deemed complete when possession of the goods is given to a common carrier or other bailee for the purposes of transmission to the customer;
15.2.  Any time for delivery stated by DFS is an estimate only and whilst Dawsons Furniture Limited will use all reasonable endeavours to deliver by any requested delivery date, it does not warrant that such date will be met. In no case shall Dawsons Furniture Limited be liable for any loss or damage resulting either directly or indirectly from a failure to deliver by any specific date;
15.3.  Where the Customer chooses to return the item themselves, they will be responsible for paying for their own shipping and handling costs. These shipping costs are non-refundable;
15.4.  Dawson Furniture Limited do not accept responsibility for lost or damaged packages arranged by the Customer.

 

16.          Goods Damaged in Transit/Short Supply

16.1.  The Customer is responsible for checking its shipment upon delivery for total carton count and condition;
16.2.  Goods Damaged:
16.2.1.  If any goods arrive damaged, please either reject the delivery from the Carrier for a direct return to our warehouse, or note the damage on the carrier waybill when signing for delivery and contact the showroom or advise service@dawsonandco.nz within 24 hoursof delivery.  If packaging is damaged, please also note this on the carrier’s waybill accordingly and email photographs of the problem to help ascertain the best course of action.
16.2.2.  We will then review and arrange to have the damaged item returned to the warehouse for assessment and either repair or replacethe goods or provide a store credit to you.  Damaged goods must be returned in the condition received by you with all original packaging, together with all packing slips.
16.3.  Short Supply:
16.3.1.  If any orders arrive short of any cartons or items, please note the missing items and total number of cartons received on the carrier waybill when signing for delivery and contact the showroom or advise service@dawsonandco.nz within 24 hoursof delivery.
16.3.2.  We will then investigate the delivery and where a short delivery has been confirmed, we will arrange to replace the missing items delivered, where possible, or provide a store credit to you.
16.3.3.  Any claim relating to a delivery accepted by the Customer without noting damage or short supply to the Carrier at time of receipt and/or not advising Dawsons Furniture Limited as damaged or short supply within seven (7) working days may be rejected.

 

17.          Reservation of Title.  

17.1.  Ownership and title of the goods remains with Dawsons Furniture Limited until the purchased price and all other monies owning by the Buyer, under the contract or any other contract to Dawsons Furniture Limited, have been paid in full.

 

18.          Privacy & Security

18.1.  All checkout and login areas of the Dawson Furniture Website are secured using a PayPal and/or secure certificate (SSL);
18.2.  Upon payment, you will be redirected to the official PayPal or DPS Payment express page.

 

19.          Privacy

19.1.  We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for two reasons: firstly, to fully process your order and secondly, to provide you with the best possible service. The type of information we will collect include: name, address, telephone number, email and credit/debit card details;
19.2.  You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999;
19.3.  Please Contact Us if you wish to opt out of any of our correspondence;
19.4.  Your Personal Information may be disclosed to other reputable third parties who will help process your order, for example our transport company. Dawsons Furniture Limited requires all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable NZ Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside Dawsons Furniture Limited for mailing or marketing purposes;
19.5.  You should be aware that if the police or any other regulatory or government authority investigating suspected illegal activities requests us to provide your Personal Information and /or User Information we are entitled do so.

 

20.          Variation

20.1.  Dawsons Furniture Limited may, at its sole discretion, vary these Terms of Trade from time to time.