Terms & Conditions
This website is owned and operated by Goldsworthy Ltd. If you wish to contact us please phone +64 (0) 9 303 0037 during business hours, or email email@example.com
While we endeavour to supply accurate information on this site, errors and omissions may occur. Goldsworthy Ltd does not accept any liability, direct or indirect, for any loss or damage, which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site. Goldsworthy Ltd reserves the right to make changes to the content on this site at any time and without notice. To the extent permitted by New Zealand law, Goldsworthy Ltd makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this web site or any other web site.
Ordering goods and services from us
When you place an order with us, you are making an offer to buy goods or services. An order is placed on our website via adding a product to the shopping cart and proceeding through our checkout process. The checkout process includes giving us delivery and any other relevant details for your order. We will send you an e-mail to confirm that we have your order. Once an order has been placed you are unable to cancel or alter your order.
Refusing or canceling orders
In the unlikely event that the goods or services ordered are no longer available we reserve the right to refuse or cancel an order. We reserve the right to refuse or cancel any orders that we believe, solely by our own judgment, to have been placed fraudulently. While we endeavour to ensure that the price and description of goods or services is accurate, if there is an error in the process of listing a product or service on our website or a technical error in the processing of your order we reserve the right to refuse or cancel the order. Our right to cancel orders applies to orders that have been accepted.
We accept bank deposit and paypal.
All prices listed on www.goldsworthystudio.com
are in New Zealand dollars and are inclusive of GST. Please note that we reserve the right to alter prices on our website at any time for any reason. Online and in store pricing may differ. Our prices do not include import fees, duties, tariffs or other charges which may be payable in relation to an order. Unless otherwise stated, any accessories shown in any image of the products are not included in the price.
We want you to have a safe and secure shopping experience online. All payments via our sites are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy. You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer. For security purposes certain transactions may require proof of identification.
Delivery and Delivery Charges
We do not deliver to Post Office boxes. Please note that a signature is required for all deliveries. The goods become the recipient’s property and responsibility once they have been signed for at the time of delivery. If goods are lost or damaged in transit, please contact us within 7 business days at firstname.lastname@example.org
. To ensure successful delivery, please provide a delivery address where someone will be present during business hours to sign for the receipt of your package. You can track your order by entering the tracking number emailed to you in the dispatch email.
Delivery lead time for products may vary. You will receive an email that confirms that your order has been dispatched, along with tracking details for your order.
Returns, Exchanges & Faulty product
Returns - You may return any standard (non custom) product within 14 days of receipt. The product must be returned unused, unaltered and as new condition. All original packaging must be returned in good condition also. Sale items cannot be returned or exchanged. Delivery charges are not refunded unless the original item was faulty. You are responsible for delivery costs of returning the item.
Exchanges - You may exchange any standard (non custom) product within 14 days of receipt. The product must be returned unused, unaltered and as new condition. All original packaging must be returned in good condition also. Sale items cannot be returned or exchanged. Delivery charges are not refunded unless the original item was faulty. Any exchanged product will be processed as a new order and a delivery cost will apply.
Returns & exchanges received outside the above time frames will not be accepted. For all returns and exchanges, except where the item is faulty, you will be required to arrange and pay for the return of the products to us. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. If you wish to return or exchange your order, please email email@example.com
Faulty product - Returns of faulty product will only be accepted if the goods were faulty when delivered to you. All products returned as faulty will be inspected on receipt and any items that appear to have been damaged or used by customer will not be accepted as faulty. We will either repair or replace a faulty product if a replacement is in stock and available. If you wish to be sent a replacement, please make your request clear when contacting firstname.lastname@example.org
about the fault. Returns of faulty products must be returned to us within 14 days of being received by you. In case we cannot offer you a replacement, you will have the choice of receiving a store credit or a refund to the value of the item at the time of purchase and any delivery costs incurred.
Accessing our service
Other than connecting to the Goldsworthy website by HTTP requests using a web browser, you may not gain access to Conscious/Goldsworthy’s website servers. You agree not to disrupt, modify or interfere with our websites or services and their associated software, hardware and servers in any way. You also agree not to modify any content or service on Goldsworthy’s website. Furthermore, you agree not to use our sites in any inappropriate or unlawful way.
Our website is intended to provide information for people shopping our products and accessing our services, including making purchases via our website and registering on our database to receive e-mails from us. While we endeavour to supply accurate information on this site, errors and omissions may occur. Goldsworthy Ltd does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site. Goldsworthy Ltd reserves the right to make changes to the content on this site at any time and without notice. To the extent permitted by New Zealand law, Goldsworthy Ltd makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this web site or any other web site.
Goldsworthy Ltd, its suppliers, advertisers or third party providers, own all copyright and other intellectual property in this site. Everything on this site, unless otherwise stated, is copyright. Goldsworthy Ltd welcomes the use of this site for personal use, non-commercial use, research or study - provided that the user acknowledges all copyright and other notices contained in the content. We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of this site without the express permission of Goldsworthy Ltd.
Please note that although this site has some hyperlinks to other third party websites, these sites have not been prepared by Goldsworthy Ltd and are not under the control of Goldsworthy Ltd. The links are only provided as a convenience, and do not imply that Goldsworthy Ltd endorses, checks, or approves of the third party site. Goldsworthy Ltd is not responsible for the privacy principles or content of these third party sites. Goldsworthy Ltd is not responsible for the availability of any of these links. Goldsworthy Ltd requires that you request our permission to include a link from another site to this site. If you would like to request permission, please email us at email@example.com
This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand.
Changes to this Agreement
These terms are issued by Goldsworthy Ltd and are effective from January 1st 2015. They cover the commissioning of goods and services
All services and, where applicable, goods are supplied by CONSCIOUS Design Limited (“CONSCIOUS”), trading as Goldsworthy, on the following terms and conditions. No variation is binding unless specifically accepted by CONSCIOUS in writing.
1. Supply of Services
1.1. The services to be provided by CONSCIOUS (“the services”) shall be those described in any Scope of Work document, correspondence or other document to which these terms are attached.
1.2. The services shall be supplied at the rate or rates specified in the Scope of Work, correspondence or other relevant document describing the services. The client shall be liable for all costs incidental to the provision of services including but not limited to travel, testing, model building, telecommunications, printing and courier expenses.
1.3. Unless otherwise agreed in writing, CONSCIOUS is not responsible for project management, or certifying compliance with any requirement of contract or law. Inspections shall be limited to reviewing or further developing design characteristics, and advising on general compliance with designs provided.
2. Supply of Goods
2.1. Goods, if any, to be supplied by CONSCIOUS are supplied on the same terms and conditions as for the supply of services, modified as necessary.
2.2. In supplying goods CONSCIOUS may be acting as a commission agent for the supplier. In all other cases CONSCIOUS may impose a surcharge of up to 20% for goods paid for on its own account for supply to the client.
3.1. CONSCIOUS will determine the method of freight used to deliver the Goods to the Buyer.
3.2. Unless the parties agree otherwise, the Buyer will pay all costs associated with the delivery of the Goods.
4. Delivery and Risk
4.1. The risk of any loss of, or damage or deterioration to, Goods supplied by CONSCIOUS shall be borne by CONSCIOUS until the Goods have been unloaded at the place specified by the Buyer, at which time the risk shall pass to the Buyer, unless the Goods are unloaded by the Buyer, in which case the risk shall pass to the Buyer on commencement of the unloading of the goods
4.2. If the goods are supplied by CONSCIOUS ex-warehouse the risk shall pass to the buyer at the commencement of loading the goods. ent of the unloading of the Goods.
5.1. The Buyer will keep the Goods fully insured from the time at which the risk passes to the Buyer.
6. Property, License, and Use of Content
6.1. CONSCIOUS maintains ownership of all intellectual property and copyright in all drawings, designs, information, products and other property, whether tangible or intangible (“Content”) produced for the client.
6.2. Subject to the terms of this agreement, the client shall acquire a license to make a single reproduction of the project or work described in the content. Property in such reproduction shall not pass until such time as payment is received in full for all services and content provided.
6.3. Where services are supplied on a preliminary no fee basis, or in tendering for a project, the client or potential client shall acquire a limited license to use content solely for the purpose of determining whether to contract with CONSCIOUS for further services. No such content may be disclosed to any other designer.
6.4. CONSCIOUS retains all moral rights in the content, and expressly requires acknowledgment in any instance where the project or work is being publicised.
7. Title and Proceeds
7.1. Title in the Goods will at all time remain the property of CONSCIOUS until payment for the Goods, and all other moneys payable to CONSCIOUS from the Buyer, has been made in full by the Buyer to CONSCIOUS, but the Buyer shall be entitled to sell the Goods in the ordinary course of business whether or not it has acquired title to the Goods.
7.2. Where Goods in respect of which property has not passed to the Buyer are sold by the Buyer pursuant to the authority granted by clause
7.1, any book debt created upon the sale of such Goods and the proceeds of the sale of such Goods, when received by the Buyer, shall be held upon trust by the Buyer for CONSCIOUS and any proceeds of sale so received by the Buyer shall be placed in a separate bank account and shall first be applied towards the satisfaction of all indebtedness of the Buyer to CONSCIOUS and thereafter shall be retained by the Buyer.
8. Security Interest
8.1. The Buyer grants a security interest to CONSCIOUS in each and every part of the Goods as security for payment of that part and of each other part or parts of the Goods and for any other amounts owing by the Buyer to CONSCIOUS from time to time, and for the performance by the Buyer of all the Buyer's other obligations to CONSCIOUS from time to time ("Buyer's indebtedness and obligations"). For the purposes of section 36(1)(b) of the PPSA, and to ensure maximum benefit and protection for CONSCIOUS by virtue of section 36(1)(b)(iii) of the PPSA, the Buyer confirms and agrees that the Buyer intends to and does grant to CONSCIOUS, as security for the Buyer's indebtness and obligations, a security interest in all of the Buyer's present and after-acquired property except only for any such property which is or comprises items or kinds of personal property ("excepted property"): (a) in or to which the Buyer has rights; and (b) which has not been supplied by CONSCIOUS to the Buyer, other than any excepted property which is or comprises proceeds of any of that present and after-acquired property which has been supplied by CONSCIOUS to the Buyer.
8.2. CONSCIOUS authorises the Buyer to sell or lease, in the ordinary course of business of the Buyer, any Goods that are comprised in the Buyer's inventory.
8.3. The Buyer agrees to do anything that CONSCIOUS reasonably requires to ensure that CONSCIOUS has a perfected security interest in all the Goods and a purchase money security interest in each part of the Goods to the extent of the purchase price for that part.
8.4. CONSCIOUS may allocate amounts received from the Buyer in any manner it determines, including in any manner required to preserve any purchase money security interest it has in any Goods.
9. Contracting out of the PPSA
9.1. The Buyer waives the right to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to the security interest under the Contract.
9.2. The Buyer: (i) agrees that if, at any relevant time, CONSCIOUS does not at that time have priority over all other secured parties in respect of any part of the Goods, then the Buyer and CONSCIOUS will, for the purposes of section 109(1) of the PPSA, be deemed, in accordance with the entitlement to do so under section 107(1) of the PPSA, to have contracted out of that section but specifically on the basis that, as between them and only to the extent of that part of the Goods and the operation and application of the PPSA, that section 109(1) (but amended only by the deletion of the words "with priority over all other secured parties") is reinstate and contracted back into; and (ii) agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this Contract, or the security under this Contact, and waives the Buyer's rights under sections 120(2), 121, 125, 129, 131, and 132 of the PPSA.
10.1. Where specified in the Scope of Work or other contract documentation, invoices for progress payments shall be due within 7 days.
10.2. Invoices for Consignment Goods shall be due within 7 days.
10.3. All other invoices for services shall be paid on the 20th of the month following invoice.
10.4. Initial orders for product will require full payment of the total order amount before product will be dispatched. Thereafter payment will be due on the 20th of the month following the month of delivery.
10.5. Where invoices for goods or services remain unpaid more than seven days after falling due: licenses granted to the client under this agreement are revoked, and the client must not undertake further work derived from any content or other supply for which payment has not been received; and CONSCIOUS may enter upon any place to take possession of any content and any project or work until such time as payment, including reasonable storage charges, is made.
10.6. CONSCIOUS is entitled to progress payment as set out in the Scope of Work or other documentation, or as otherwise invoiced for work undertaken, expenses incurred or goods supplied prior to completion of the whole agreement with the client.
10.7. If the client fails to pay any progress payment within 7 days of the due date, CONSCIOUS may, in its discretion, cancel the contract without penalty.
10.8. In the event of default on payment, the client shall be liable for CONSCIOUS’s costs and expenses (including legal costs on a solicitor/client basis) of recovering payment.
11.1. In consideration of CONSCIOUS agreeing to supply Goods to the Buyer at the request of the Guarantor, the Guarantor unconditionally and irrevocably guarantees to CONSCIOUS the due and punctual payment by the Buyer of all amounts now or hereafter payable by the Buyer to CONSCIOUS under the Contact. The liability of the Guarantor will constitute a principal obligation of Guarantor and such liability will not be relieved or in any way affected in a manner prejudicial to CONSCIOUS by any granting of time, waiver or forbearance to sue by CONSCIOUS or by any other act, omission, matter, circumstance or law whereby the Guarantor as surety only would, but for the provisions of this clause, have been released from liability. This guarantee will be a continuing guarantee and will remain in full force and effect until all payments now or at any time hereafter payable by the Buyer to CONSCIOUS under the Contract have been paid in full.
12. Warranties and Liability Limitations
12.1. Services shall be undertaken to a reasonable standard of skill and care exercised by designers in New Zealand, subject to any constraints arising from the nature of the project involved, or any other restrictions of finance, time or other nature imposed by the client.
12.2. CONSCIOUS excludes all other express or implied warranties, descriptions, representations and conditions as to the quality of services and, where services are supplied for a client’s business purposes, the Consumer Guarantees Act 1993 will not apply.
12.3. CONSCIOUS will not be liable for any loss, injury or damage, whether direct, indirect or consequential, arising from delay in provision of services, or resulting from production or use of the project or work. Any liability arising on CONSCIOUS will be reduced proportionately by the extent of the client’s or any other party’s contribution to any loss.
12.4. CONSCIOUS is not liable to any contractor or other third party in respect of any inspection or certification undertaken or provided by CONSCIOUS.
12.5. In the event of any liability arising on CONSCIOUS as a result of their provision of services, whether under this agreement, at common law or otherwise, the maximum liability of CONSCIOUS for all costs, losses and damages shall be a total of NZ $5,000.00.
12.6. This contract and its terms shall be binding on the owner of the project or work or the person for whose benefit the project or work is being completed. If the client is not that person, then the client undertakes to contract with that person so as to make the terms of this agreement, including payment obligations, binding on that person.
13.1. CONSCIOUS’s services may be terminated by either party upon provision of reasonable notice in writing. Upon receiving notice of termination payment shall be due to CONSCIOUS for all work undertaken, expenses incurred and goods ordered up to the date of termination, as well as any fees and expenses reasonably necessary to bring CONSCIOUS’s services to an end in a professional manner.
14. Portfolio Use
14.1. For a period of six months after completion the client must, on request, allow CONSCIOUS reasonable access to the finished work for the purpose of inspecting, photographing or filming the work for inclusion in CONSCIOUS’s portfolio and promotions, and/or submission for industry awards.
15.1. No alleged act or omission by CONSCIOUS shall be a breach of the Agreement with the client unless the client sends notice of the alleged default and demand to cure to CONSCIOUS’s ordinary mailing address, and CONSCIOUS thereafter continues in its failure to perform for a period of 7 days following its receipt of such notice.
16.1. The parties shall take all reasonable steps to resolve by negotiation any dispute that may arise in connection with this Agreement.
16.2. Any dispute that cannot be resolved by negotiations between the parties shall be referred to arbitration in accordance with the Arbitration Act 1996.
17.1. No terms shall be considered waived by CONSCIOUS unless such waiver is given in writing. The failure to insist upon strict performance of any term, or failure or delay to exercise any rights, shall not be deemed a waiver of any of CONSCIOUS’s rights.
18.1. If any term or terms are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the remaining provisions of this Agreement will remain in full force and effect, provided that the void or unenforceable term(s) are not essential to the agreement.
19.1. The Governing Law shall be New Zealand law.
20.1. In these terms and conditions of sale: "Buyer" means the person, firm, company or other entity buying the Goods or Services from the Company. "CONSCIOUS" means Conscious Design Limited or any of its subsidiaries. "Goods" means all furniture, furniture assembly parts, associated hardware and all other goods or other property which, in each case, are supplied by CONSCIOUS to the buyer. "Contract" means these terms and conditions together with any and every invoice or other document evidencing or describing any Goods. "PPSA" means the Personal Properties Securities Act 1999. The terms "after-acquired property", "at risk", "default", "inventory", "lease", "perfected", "proceeds", "purchase money security interest", "rights", "security interest" and "sell" have the respective meanings given to them under, or in the context of, the PPSA.