Terms and Conditions
In these terms and conditions, “we” “us” and “our” refers to Microgiant Ltd. Your access to and use of all information on this website including purchase of any product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Pricing online is only valid for online purchases. Pricing might differ in store. We reserve the right to have online exclusive deals only that won't be available in store.
Web Ordering Conditions
Unsure? – please check, or ask before you buy
Imagery Images have been provided for illustrative purposes only. While we do our utmost to ensure images are a true representation of our products, we are not able to guarantee that any image viewed online will accurately represent the true colour of the product.
Timber Finishes Variations
With timber finishes, no two pieces are the same and variations in colour, texture, grain, knots in the timber, and finish are all expected and are deemed acceptable. It is important that purchasers understand that on a natural timber product the variances are uncontrollable. Such variations may be more evident on products made and finished with natural clear stained timbers. You are more than welcome to visit one of our Stores to see examples of variations.
The Consumer Guarantees Act offers a guide as to representation of products, but please note the above terms before purchasing.
If unsure - check or ask before you buy.
You can ask us at firstname.lastname@example.org or use our chat box online during business hours.
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. We endeavor to ensure that our product list online is current and in stock, however in some cases the items are not available as sold before it could be picked or other issues. We apologise in advance if we are unable to supply your order.
Packaging and postage is an additional charge, calculated at time of purchase.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within seven (7) days. If we have not responded to you within seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. All risk of loss or damage to the goods passes to you when we dispatch the goods.
Due To Error Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
When you visit our website, we give you a limited license to access and use our information for personal use. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a Force Majeure event causing delay continues for more than thirty (30) days, we may terminate this Agreement by giving at least seven (7) days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. Jurisdiction These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
If you decide to return a product that is not faulty, we will charge 20% restocking fee of the sale price (unless faulty). If the goods return with original packaging and condition, we won’t charge you.
Items can be returned under the following conditions:
- Proof of purchase is provided
- Goods must be in original condition, unused with packaging.
- Goods must be returned within 14 days of purchase.
- Any shipping costs paid by you or charged to you are non-refundable.
If you wish to return an item by courier or carrier, this will be at your cost. We suggest you contact us first at email@example.com or firstname.lastname@example.org. All the terms and conditions of our returns policy must also be met. Please return the product with the proof of purchase to:
Shop 39, Royal Oak Shopping Mall
691 Manukau Road
We will process your exchange or refund within 10 working days of receipt of your parcel.
The Microgiant Ltd does not accept responsibility for items lost in transit while being returned. We recommend that you use a delivery service that provides tracking and delivery to the door.
For faulty goods return
If you receive a faulty or incorrect product, please contact us or email us at email@example.com or firstname.lastname@example.org. Please quote your invoice number and, if possible, provide photographs of the fault(s). We will take the necessary steps to assess your warranty claim and will contact you to advise of the outcome within a reasonable time frame. Once your claim has been approved we will advise the steps for remediation. If we are unable to repair or replace the item within a reasonable period of time, we will offer a refund. Refunds will normally be processed within ten (10) days. Refunds will only be processed to the original payment method used.
Microgiant Ltd is committed to providing quality products to our customers. All goods are covered by a minimum 12 month warranty, while some furniture or other items have specified, extended warranty periods. If the goods we supply do not meet a warranty guarantee, we of course will meet our obligations under the Consumer Guarantees Act 1993 (CGA) to provide a remedy...
Our standard warranty terms are below and apply for domestic use general situations only. Products used for commercial or business purposes may not be covered. However all warranty claims are treated on a case by case basis and we do our best to provide a resolution.
If goods are not faulty
We may decline a warranty claim if the fault has been caused by damage or misuse of the item, including improper assembly, modifications, negligent use or operation, inadequate maintenance, damage caused by re-location, use outside of recommended conditions, unauthorised repairs, and storm damage. Further limitations for items like rusting maybe in place for areas with certain environmental conditions such as coastal, sea spray zone, geothermal zones.
PLEASE NOTE If the goods returned are found to not be faulty, or otherwise not in breach of the Consumers Guarantees Act upon assessment by us, goods will be able to be returned to you at your cost in addition to the return freight cost incurred in retrieving the item to us.
For Faulty goods
When faulty items need to be returned to us, we will organise to refund shipping or arrange the cost of shipping.
Faulty goods are covered by our Warranty Policy as below
For minor defects (repairable) we will either send replacement parts or organise the repair for you.
For major defects after assessment (not repairable) we will either replace the item or offer store refund.
Proof of purchase will always be required.
Please re-check our exclusions above for exemptions
CONSUMERS GUARANTEES ACT
We will meet (and in fact we exceed) our obligations under the Consumer Guarantees Act 1993 for products purchased for personal or household use, which include:
- Acceptable quality:
- fit for their normal purposes
- acceptable in finish and appearance
- free from minor defects
- Fit for purpose, including any representations of product suitability made by us.
- Match the description, sample or demonstration model. Products are the same as the descriptions in catalogues or online. Similarly, items must match products as represented in our stores. However please bear in mind due to colour photographic or printed reproductions, or computer resolution variances, differences can occur. Also, the nature of timber products mean that no two pieces are the same and variations in colour, texture, grain and finish are expected and therefore are deemed acceptable.
These guarantees are in addition to any warranty offered.
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.
Please also note: if you are acquiring goods for business or commercial 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.