Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by Bentley & Hart NZ Limited ("Bentley & Hart NZ Ltd", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.bentleyandhart.co.nz ("the website"). They are effective from 10 January 2019 and will replace all earlier Bentley & Hart NZ Limited 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 of trade 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.
Availability and supplyAll orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery and delivery chargesPrices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
Orders paid by bank deposit will not be shipped until the money is showing in our account.
PricingAll prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. 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.
Payment optionsWe accept the following credit cards:
Visa and MasterCard
We also accept payment direct to our bank account
Bentley & Hart NZ Limited
Credit Card SecurityAll payments are processed via Payment Express/DPS secure payments system to ensure high levels of payment security and are subject to Payment Express/DPS terms and conditions.
Shipping and deliveryWe ship New Zealand wide.
Flat rate of $10.00 per order for mainland New Zealand with free delivery for orders over $150.00. Additional costs will apply to outer New Zealand islands.
Pick ups are not available.
Currently we are only able to deliver to New Zealand addresses. We do not deliver to P.O. Box addresses.
As our candles are made to order one by one, please allow approximately 7 days for the delivery of your items. Regional and rural deliveries may take 1-2 days longer.
Bentley & Hart NZ Limited does not accept responsibility for theft or loss once goods are delivered.
ReturnsWe do not provide a refund if you have changed your mind about a particular purchase, so please choose carefully.
If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
Should your order arrive damaged please contact us within one week of receiving the goods so we can claim with the courier company. Please do not dispose of the damaged goods until advised to by us. We may require photographs of the damaged product, or to have the damaged product returned to us. We will let you know what to do once you have made contact with us
Liability LimitationWhere 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 Sale of Goods Act 1908 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 jurisdictionUnless 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 your business or organisation is based.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.bentleyandhart.co.nz.
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.
Christmas Competition Terms & Conditions
By participating in the Bentley & Hart Christmas competition (Competition) you agree to be bound by these terms and conditions. We may amend these terms and conditions in our absolute discretion.
Entry is open to residents of New Zealand over the age of 16 years, excluding our employees and their immediate families.
A person will be entered into the Competition by making a single purchase over $25.00 (NZD) online at www.bentleyandhart.co.nz within the competition period and accepting the website Terms and Conditions.
The Competition commences on 28 November 2019 at 4.00 pm and concludes on 15 December 2019 at 6.00 am (Competition Period).
The winner will be notified by 17 December 2019 via the email address provided at checkout.
A person can enter as many times as they like within the Competition Period.
For the purposes of this clause 4, an "Eligible Individual" is a person who has complied with these terms and conditions.
The prize is one Large 260g 'one by one' candle. The winner can select the fragrance of the candle from those currently available on our website www.bentleyandhart.co.nz.
Following the Competition Period, a winner will be randomly selected from all eligible entries and we will contact the winner via the email address provided in the checkout process. The winners must provide us with a mailing address for the delivery of their Prize.
We do not warrant that delivery of a Prize will occur on a specified date. We are not liable for non-receipt of a Prize for any reason. Any Prizes returned to us unclaimed may be distributed or retained by us in our absolute discretion.
A Prize will be shipped to the winner within 7 days of the date of us receiving their mailing address.
Prizes is not transferable and are not redeemable for cash. If a Prize is unavailable for whatever reason, we reserve the right to substitute the Prize for a prize of equal or greater value, subject to any regulations.
We reserve the right to request the winners provide proof of age and identity. Identification considered suitable for verification is at our discretion.
The total prize value is $89.00.
If for any reason this Competition is not capable of running as planned, including but not limited to technical failures, unauthorised intervention, fraud or any other causes beyond our control which corrupts or affect the administration, security, fairness, integrity or proper conduct of this Competition, we reserve the right in our sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Competition.
Except for any liability that cannot be excluded by New Zealand law, we and our employees and agents exclude all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following:
b) participation in the Competition; and/or
c) redemption and/or use of a Prize.
We collect your personal information for the purpose of fulfilling your order and conducting and promoting this Competition (including but not limited to determining and notifying Prize winners).