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Terms and Conditions

Terms and conditions for Account Holders

General

Compliance with these Terms and Conditions are essential to Capulet. By placing on order for goods from Capulet or taking delivery from Capulet, the Account Holder agrees to be bound by these Terms and Conditions and agrees that these Terms and Conditions are additional to the agreements already made between the Account Holder and Capulet and that they augment those other agreements and where there is a clash or contradiction these Terms and Conditions take precedence. It is acknowledged that typically the agreements already made are the terms and conditions signed when setting up an account.

Contract Formation

Capulet’s website, the information on it and any information in emails pertaining to it are not an offer to supply goods. When the Account Holder orders goods from Capulet, this constitutes an offer from the Account Holder to buy those goods in accordance with these Terms and Conditions. Capulet’s acceptance of the Account Holder’s order occurs when the goods are dispatched to the Account Holder. In other words there is no enforceable contract for Capulet to supply goods until the goods are dispatched or supplied to the Account Holder.

Definitions

Account Holder – an entity or person that has been granted access to purchase goods at wholesale/trade pricing on account and who may have agreement from Capulet to pay for the goods after the receipt of the goods
Goods – items for sale via Capulet’s efforts that have been selected via the Capulet website

Delivery Information

Capulet’s team aims to dispatch all orders for goods in stock within 48 hours (excluding weekend). Once the Account Holder’s order has been dispatched to the Account Holder the Account Holder assumes full responsibility for and risk in the goods.
Capulet reserves the right to dispatch the Account Holder’s order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the Account Holder to cancel the contract as to any instalments already delivered. Any quotations of delivery times by Capulet are made in good faith but are estimates and Capulet shall not be bound by the times given. Capulet will not be liable for any loss, expense, or other damage caused by any delay in delivery.

While the Account Holder may specify delivery instructions for an order the Account Holder agrees that Capulet is not liable for any loss, cost or other harm suffered by the Account Holder as a consequence of problems with delivery.

The Account Holder is responsible for any costs incurred in tracking an order.
Freight charges
Freight costs for each order are calculated per order and are the responsibility of the Account Holder. Capulet’s responsibility is to determine within reasonable guidelines the best carrier options, considering cost, speed and other relevant factors. The Account Holder accepts that it will not always be possible for Capulet to confirm all freight costs in advance and agree that they will accept the freight costs that are notified. Collection of orders is possible in some circumstances but only by prior arrangement with Capulet.

Carrier information

Our orders are sent via a variety of carriers looking for the efficient delivery of 1 - 3 working days to most NZ addresses. Deliveries are normally signature required but this may vary dependant on carrier policies. If no one is at the delivery address during delivery, the carrier will leave a card with details for arranging a suitable delivery time. Please note that our carriers do not deliver to Private Bag or PO Boxes addresses.

Damages

Once an order has been delivered to the Account Holder’s specified address it is considered completed and Capulet will not be held responsible for any items that are lost, stolen or damaged after delivery. If your freight arrives damaged, please inspect before signing for the delivery and contact Capulet immediately. Account Holders have a reasonable time to bring freight damage to Capulet’s attention and all parties agree that less than 7 days constitutes a reasonable time. Outside of this time it is the Account Holder’s responsibility to claim directly on the carrier and the Account Holder holds Capulet free from any liability.
Account Holders acceptance
It is imperative that during the order process you enter the correct delivery address. If there is any client error in the address specified, re-delivery to the correct address will incur an additional delivery charge. It is your responsibility to promptly advise us if an order is not delivered when expected. We will then contact the carrier for clarification and arrange for prompt delivery. You accept that Capulet will not be held liable for any loss or damage arising from a late or missing delivery. A late delivery does not constitute reasonable means to cancel an order.
The purpose of an account is to supply businesses and person in trade and therefor the Account Holder acknowledges that the goods are being supplied by Capulet for the purposes of a business and the guarantees and remedies provided under the Consumer Guarantees Act 1993 shall not apply to the supply of those goods.

Ownership

Ownership of all goods sold by Capulet is retained by the Capulet until Capulet has received the full price for the goods and the applicable delivery charges. This provision is designed to protect Capulet in the event of the bankruptcy, receivership or liquidation of the Account Holder, a seizure of goods by a creditor of the Account Holder or default in payment.
Until full payment is made the Account Holder agrees to:
1. Enable the goods to be readily identifiable as the property of Capulet;
2. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by Capulet;
3. On a sale or other realisation of the goods the Account Holder shall identify and separately account for the proceeds of sale;
4. Personally guarantee that, the price of the goods including the freight associated with the goods delivery will be paid to Capulet, and any other costs associated with Capulet pursuing its right to collect monies owed as a result of fulfilling an order placed by the Account Holder, including debt collection and legal fees.

Personal Property Securities Act 1999

Until full payment has been received for the Account Holders order, the Account Holder acknowledges and agrees that:
(a) these Conditions of Use constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
(b) a security interest is taken in all goods previously supplied by Capulet to the Account Holder (if any) and all goods that will be supplied in the future by Capulet to the Account Holder(if any). The Account Holder undertakes to:
(a) sign any further documents and provide any further information which Capulet may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify Capulet for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby;
(c) not register a financing change statement or a change demand on the Personal Property Securities Register without Capulet’s prior written consent;
(d) give Capulet not less than 14 days prior written notice of any proposed change in the Account Holder’s name or any of the Account Holder’s contact details.

Unless otherwise agreed to in writing by Capulet, the Account Holder waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.

Description of Goods

Modifications and improvements to Capulets goods, prices and data are constantly being made. Although Capulet has aimed to ensure that the good and pricing information provided on its website is accurate, complete, and current, Capulet does not provide any representations or warranties as to its accuracy, completeness or currency of information, and Capulet shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website. Capulet also relies on information from its suppliers and manufacturers and therefore the descriptions, illustrations and literature are not binding on Capulet. If the goods do not match the description on Capulets website, the Account Holder should inform Capulet immediately so that Capulet may take the appropriate action.

Returns & Replacements

We are confident that you will be completely satisfied with your purchase. If for any reason you are unsatisfied you may return the item, along with proof of purchase, within 10 days of receipt of delivery and we will replace your item for you.
Items must be returned to the following address:

Capulet Limited
Jellicoe Business Park
2/224 Main Highway
Te Puke
Contact Susan Allan susan@capulet.co.nz
Phone: 027 249 8126

Returns

Returns received by us within 10 days from receipt of delivery are entitled to either a replacement, or a store credit to the value of the purchase price (excluding all delivery charges). When returning goods it is imperative that you:
Repackage goods adequately to prevent damage in transit,
Retain your proof of delivery until we can confirm receipt of the item

You accept that Capulet is not liable for any returned item that goes missing or is damaged in transit.

We will only accept returns that meet the following conditions

Unused, unopened, in original condition with packaging and invoice/packing slip received by Capulet within 10 days from delivery.

Faulty Goods
Where a good is deemed to be faulty within 21 days from receipt of delivery we will organise courier collection, a replacement item (subject to availability) and redelivery, without delay.

Where a good is deemed to be faulty after 21 days from receipt of delivery it is subject to individual manufacturer warranty. It is the Account Holder’s responsibility to bear any costs involved and adhere to individual manufacturer warranty instructions. Upon receipt of the returned goods any item deemed not to be faulty will incur delivery charges for the item.

Order Process:
The Account Holder may order goods from Capulet by completing and submitting the checkout process on Capulets website. The Account Holder must provide all required information (including name, email address, and payment details) or Capulet may not be able to process the Account Holders order.

All orders are subject to the availability of goods. If for any reason a good is not available, Capulet will aim to notify the non-availability on this website. The Capulet may revise the range of goods or the specification of any good at any time and without notice to the Account Holder.

Where goods are listed on Capulet's website with an incorrect price or with incorrect information, Capulet may cancel the Account Holders order and where the Account Holder has already made payment for an order that is subsequently cancelled by Capulet, Capulet will refund the amount paid by the Account Holder in relation to that order.
Capulet may cancel the Account Holders order any time prior to the dispatch or provision of the good.

Variation of Order Any variation, waiver or cancellation of the Account Holders order by the Account Holder shall have no effect unless accepted in writing by Capulet. Where Capulet accepts cancellation Capulet may levy a handling charge of up to 15% of the price.

Capulet's Discretion in Rejecting Orders:
No order shall be deemed accepted by Capulet until Capulet has sent the Account Holder’s order. Capulet reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the Account Holder and the Account Holder acknowledges that Capulet is under no obligation to explain its rejection of an order. If Capulet rejects the Account Holders order (or part of the order), any money paid by the Account Holder in relation to the rejected part of that order shall be refunded and Capulet shall have no further liability to the Account Holder in relation to the rejected part of that order.


Consumer Guarantees Act 1993

In the event a transaction to which these conditions of sale apply is subject to the Consumer Guarantees Act 1993 (the Act) then:
- If the Account Holder is acquiring goods from Capulet for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those goods.
- In the event the Account Holder is acquiring the good for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the Account Holders rights under the Act, to the intent that no provisions shall any way limit the Account Holders rights under the Act.

Prices

The prices for the goods are stated and are payable in New Zealand dollars (NZD).

All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.
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Payment Methods

Pay by Credit Card:
(a) Credit card processing will be performed by Paypal Pte. Limited depending on the payment method the Account Holder chooses. When the Account Holder selects their preferred payment method, accepts Capulet’s Terms and Conditions and clicks Checkout the Account Holder will be directed to the third party website for credit card processing. The Account Holder will be automatically directed back to Capulet’s website when the transaction is complete.
(b) Paypal will process VISA, Mastercard.
(d) Capulet does not accept Diners Club, AMEX and Discover..

Information

Capulet will not process or store any credit card information on its website.

Availability and Cancellation

All orders are subject to the availability of goods. If for any reason a good is not available, Capulet will aim to notify the non-availability on this website. The Capulet may revise the range of goods or the specification of any good at any time and without notice to the Account Holder.

Where goods are listed on Capulet's website with an incorrect price or with incorrect information, Capulet may cancel the Account Holders order and where the Account Holder has already made payment for an order that is subsequently cancelled by Capulet, Capulet will refund the amount paid by the Account Holder in relation to that order.
Capulet may cancel the Account Holders order any time prior to the dispatch or provision of the good.

Variation of Order Any variation, waiver or cancellation of the Account Holders order by the Account Holder shall have no effect unless accepted in writing by Capulet. Where Capulet accepts cancellation Capulet may levy a handling charge of up to 15% of the price.


Shortages, Damages or Loss in Transit

As Capulet supplies all goods EX Warehouse, Capulet will not accept any liability for loss or damage in transit. In other words once an order has been dispatched to the Account Holders specified address it is considered completed and Capulet will not be liable for any items that are lost, stolen or damaged after dispatch.

Capulet’s liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claims for shortages or loss will be considered after 7 days of receipt of goods.

Return of Goods for Credit or Refund

Goods supplied in accordance with the Account Holders order can only be returned with the express approval of Capulet on the following conditions ;
(a) Requests to return goods must be submitted within 7 days from the date of shipping and the original invoice number must be quoted;
(b) Where the return of goods is accepted (for credit or refund at Capulet’s discretion) they must be delivered at the Account Holders expense into Capulet’s store or warehouse in original condition and packaging;
(c) Returned goods are the Account Holders responsibility until they reach Capulet;
(d) Capulet shall not be responsible for misdirected shipments or goods lost or damaged in transit;
(e) Capulet reserves the right to levy a restocking fee against any returns Capulet may agree to accept;
(f) Such fees may be up to 15% of the invoice priced and levied at Capulet’s absolute discretion; and
(g) Any refunds (at Capulet’s discretion) will be refunded in the form of the original payment method used by the Account Holder. All freight charges incurred by Capulet are non-refundable.

Liability and Maintenance Guarantee

To the maximum extent permitted by law, Capulet disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any good or any information supplied to the Account Holder by Capulet including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, Capulet's liability to the Account Holder (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a good supplied to the Account Holder by Capulet shall be limited to the price paid by the Account Holder for that good.

To the maximum extent permitted by law, Capulet will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which the Account Holder may directly or indirectly suffer in connection with the Account Holders access to, use of, or reliance upon, any good or any information supplied to the Account Holder by Capulet.

In lieu of any warranty, condition, or liability by law, Capulet's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use, maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to Capulet, unless otherwise arranged.

The warranty does not cover damage from misuse, accident, the actions or omissions of a third party (whether malicious or otherwise), negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

Capulet’s liability under this contract and the warranty in this clause is confined to the Account Holder named in this contract, it being agreed that the Account Holder’s rights under the contract are not transferable without the prior written consent of Capulet.

Capulet is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to Capulet's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the Account Holder. Capulet will notify the Account Holder promptly of any error or omission discovered by Capulet, and gives the Account Holder the option of returning the goods for a full refund.

Force Majeure
Capulet shall not be liable to the Account Holder for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of a contract for the sale and purchase of goods where such delay or failure is outside Capulet's reasonable control including without limitation as a consequence of third party action or omission, illness, natural disaster, technical failure or interruption.

Compliance
The Account Holder shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any goods purchased from Capulet.

Changes to these Conditions of Use
Capulet reserves the right to amend these Terms and Conditions from time to time by publishing the changed terms on Capulets website. When revised Terms and Conditions are published on this website, all orders submitted by the Account Holder after the revised Terms and Conditions are published shall be subject to the revised Terms and Conditions. By continuing to use this site after any such amendment, the Account Holder is deemed to have agreed to the amended terms of use


Severability
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

Security

Protecting your Information

The Personal Customer Information the Account Holder provides (including credit card information) to establish an account with and to make purchases from Capulet is secured using Secure Sockets Layer (SSL) encryption technology. Capulet uses this SSL technology to prevent such information from being intercepted and read as it is transmitted over the Internet.

Password Security

To further secure the Account Holders Personal Customer Information, the Account Holder will create a password when they establish an account with Capulet. The Account Holder must keep their password secret and not share it with anyone. The only way a buyer can place an order with Capulet on-line is by entering both the Account Holders registered e-mail address and password.

Remember to Log Out

To prevent unauthorised access to the Account Holders account, the Account Holder should log out once they have finishing using the site. Anyone who has access to the Account Holders computer after they have signed in, but before you have signed out, can access the Account Holders account. The Account Holder can also log out by closing their internet browser unless the Account Holder specifically selects the remember my password option when they signed in.

Malware
Capulet accepts no responsibility for any malware caught from accessing Capulet,s website. If Capulet determines that the Account Holder has sought to upload any kind of malware the Account Holder will be permanently banned and such sanctions as may be permitted by law will be pursued.

Disputes and Governing Law

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.

These Terms and Conditions (and any contracts to which these Terms and Conditions apply) shall be governed by the laws of New Zealand and the courts operating in New Zealand shall have the exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms and Conditions (and any contracts to which these Terms and Conditions apply).

Terms and conditions of use for retail purchaser’s by Non Account Holders
Definitions
Non Account Holder – an entity or person that has been granted access to purchase goods at retail pricing and are not provided with a Capulet account
Goods – items for sale via Capulet’s efforts
Orders
An order made via this site ("order") is an offer to purchase one or more of Capulet’s goods. When we receive a valid order from you, we will accept this offer by confirming via email that we have received and are processing the order.
We will deliver the goods set out in your order almost anywhere in New Zealand. We do not deliver outside New Zealand, however, an overseas order may still be placed with a New Zealand delivery address. Delivery is made by courier.
We endeavour to deliver all goods within 3-5 working days of us confirming receipt of the order, although this timeframe is an estimate only. If we are not able to supply the goods or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock or the delivery is to a rural/remote location*), we will notify you as soon as reasonably possible after we become aware of this, in which case you may cancel the order (or any part of it) and you will receive a refund (including the applicable delivery charges) in respect of those goods which will not be delivered (if any). We will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the goods not being delivered within the anticipated delivery time.
The anticipated delivery charges (if applicable) will be notified to you when you complete the order, although in some cases the actual delivery charges may be higher (e.g. if the goods are large/heavy or delivery is to a rural/remote location). We will notify you if the actual delivery charges are higher than those anticipated, in which case you may cancel the order (or any part of it) prior to delivery and receive a refund (including the applicable delivery charges) in respect of the cancelled order.
Please note also that deliveries to the Outer Islands (Chatham Island, Stewart Island, Kawau Island, Waiheke Island, Matakana Island, Great Barrier Island and d’Urville Island) will incur additional costs.

Product Descriptions
The goods will comply, in all material respects, with their descriptions appearing on this site at the time when you submit the order. If a good does not comply with its description, you may return the good(s) and accept a refund or exchange.
Returns
We stand by the quality of our goods and we make things right if you are not satisfied with your purchase. You can return any goods to receive a refund of the purchase price or exchange the goods within 30 working days of delivery (for any reason), provided that the goods are returned in their original condition with packaging and invoice. Items must be returned to the following address:

Capulet Limited
Jellicoe Business Park
Main Highway
Te Puke
Contact Susan Allan susan@capulet.co.nz
Phone: 027 249 8126

Risk
The risk of any loss of, or damage to, the goods will pass to you on delivery.
Pricing
The prices for the goods listed on this site are in New Zealand dollars and include GST, but not any delivery charges. We endeavour to ensure that all prices listed on this site are current. Capulet reserves the right to amend or rectify any errors in pricing or product specification within 24 hours of being notified of it or after an order has been processed.
Website Terms of Use
This website ("site") is operated by Capulet Limited (referred to on this site as "the Company, "we", "us" or "our"). Your use of this site is governed by these terms of use. By accessing and browsing this site you agree to be bound by these terms of use. We make this site available to you to in order to provide information about our goods and services and enable you to purchase these goods and services from us online. By accepting these terms of sale, you confirm your acceptance of the Terms of Use.
Intellectual Property Rights
All intellectual property on this site, including without limitation any trade marks, text, graphics and copyright, is owned by us or our content suppliers. We are the exclusive owner of all rights in the compilation, design and layout of this site.

Right to Use Site and Content
You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.
You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of Capulet’s rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose of in any other way without Capulet’s prior written consent.
If you wish to link to any part of this site, you must get the Capulet’s prior written consent.
Your Information
Please ensure that any information that you provide when creating an account with us on this site is correct, complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information.
You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Content

We endeavour to ensure that any content will be current, accurate or complete when you access it. However, we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.
This site may from time to time contain content provided by third parties and links to third party sites. This is provided for your convenience only and we are not responsible for any third party content on our site or any site to which our site contains links. The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.
You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this site. We may change the content on this site at any time without prior notice.
Force Majeure
We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.
Consumer Guarantees Act
If the goods are subject to the New Zealand Consumer Guarantees Act 1993 ("CGA"), you may have statutory rights and remedies which are not excluded nor limited by the above provisions unless you are acquiring the goods for business purposes, in which case all of the above exclusions and limitations will apply and the CGA will not apply.

All Liability Excluded

To the extent permitted by law: all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it; and we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.
If your use of this site or its content is subject to the New Zealand Consumer Guarantees Act 1993 ("CGA"), you may have rights or remedies which are not excluded nor limited by the above. If you are using this site or its content for business purposes, the above exclusions and limitations will apply and the CGA will not apply.

Amendments

We may amend these terms of use from time to time, so you should check and read these terms of use regularly. By continuing to use this site after any such amendment, you are deemed to have agreed to the amended terms of use.