"Massé” means Massé Incorporated, an incorporated society registered in New Zealand under Companies Office 500295, which operates the company's websites www.rileyleisure.nz (our website).
Customer means the person or company to whom this document is addressed.
International Customer shall mean, Customer from outside New Zealand.
Our trading address is Massé Incorporated, 3 Caro Street, Hamilton 3240, New Zealand.
Our postal address is Massé Incorporated, P.O. Box 912, Waikato Mail Centre, Hamilton 3240, New Zealand.
General - These terms and conditions (Terms) apply to any supply of products (Products) made by the Seller, hereafter referred to as Massé, to you, the buyer, hereafter referred to as the Customer (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
1. Price and Payment
1.1 All prices are quoted in New Zealand Dollars and are inclusive of GST (if applicable) as may be prescribed by law from time to time, unless otherwise specified.
1.2 The prices of the Products will be as quoted on our website from time to time. Massé take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 1.4 for what happens in this event.
1.3 Prices for our Products may change from time to time, but changes will not affect any Products which we have confirmed and dispatched.
1.4 Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not continue to process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
1.5 Payment is taken upon placement of the order.
1.6 Dispatch takes place when the Products are collected by the relevant 3rd party carrier from the premises at which they are held in stock.
1.7 From time to time, Massé may request credit card information due to the lead time of the order. Note, duplicate payment will not occur.
1.8 Payments must be made in New Zealand Dollars only, unless otherwise specified, and by one of the following payment methods (except International Customers see clause 14):
1.8.1 Major credit cards as listed: Visa, MasterCard, and American Express.
1.9 From time to time Massé may request evidence of a driving licence, utility bill, bank statement or proof of age card to confirm they are the registered person of their invoice or delivery address or for further security checks.
2. How the Contract is Formed
2.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.3.
2.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched. The Contract between us will only be formed when we send you this email.
2.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 1.4, we will inform you of this by e-mail and we will not continue to process your order for that Product. If you have already paid for that Product, we will refund you the full amount as soon as possible.
3. Delivery
3.1 Deliveries to 3rd party addresses such as carriers or neighbours must be passed to Massé at the point of order. Failures to provide such details will result in a failed delivery and clause 3.10 will be actioned. Massé cannot be held responsible for loss or damage if goods are left at a 3rd party address as advised by you.
3.2 Massé source Products from different suppliers. If the Customer wishes to purchase more than 1 Product, the Customer has the option to choose delivery of the Products together or separately. We will use reasonable endeavours to comply with your request but we cannot guarantee that the Products will be delivered together. Any date or period for delivery shall be considered as indicative only and delivery may occur from 2 separate carriers; all delivery lead times are stated within the product listing.
3.3 Depending on the Product(s) ordered, Massé will use a 1 or 2 person delivery team as necessary.
3.4 It is the responsibility of the Customer if required, to ensure there is room for a 2 person team to unload and deliver the Products. Depending on the location and type of delivery address access to lifts and ramps may be required. Due to the size of some delivery vehicles used by our couriers, we must be informed of any restrictions regarding access to the delivery destination. This includes (but is not limited to) steep driveways, narrow lanes, tight bends & other restrictions. In the event your delivery is refused/cancelled due to these restrictions you may be liable for all the freight charges. If Products are assembled or flat packed it is the responsibility of the Customer to ensure Products can be delivered as per the delivery method used. For what happens if you fail to adhere to this, please follow our returns clause 8 stated below.
3.5 Massé will deliver the Customer’s Products via a 3rd party courier employed on behalf of Massé or its supplier.
3.6 The Customer’s delivery date and time shall be an all day delivery. For estimated times and delivery, please contact our Customer Service Department. Note, the Customer’s selected delivery date and time may be subject to change due to extreme weather conditions or excessive traffic or an Event Outside Our Control.
3.7 Any delivery dates which are missed or aborted due to the Customer not being at the delivery address on the advised delivery date, will incur a minimum $60 additional charge payable by the Customer within 7 working days of the failed delivery dates. Additional charges may apply depending on the Customer’s delivery address, type of Product and delivery service.
3.8 Someone must be present and available to sign for the Products at the selected delivery address at which point delivery is completed. If the Products are delivered to a neighbour or address other than the Customer’s address, delivery will be completed at the point the Products are signed for at the alternative address. We advise all our customers to inspect the Products prior to signing for the Products.
3.9 If the Products are faulty upon delivery, the Customer must inform the Driver and reject the Products and contact our Customer Service team on 0800 300 330 whilst the driver is present. The driver will then remove the Products and the Customer must NOT sign for the Products or must only sign as "DAMAGED" If you sign & accept the goods as in "GOOD CONDITION" Massé cannot be held responsible for any damage thereafter. Subject to clause 8, BCE cannot accept any claim for damage where the Product is not unwrapped and inspected at the time of delivery. If the customer is not happy with the Products please follow our Acceptance & Returns procedure.
3.10 Once the Customer has signed for the Products they have now accepted the Products and are now solely responsible for the Products. Subject to clause 9, Massé shall not be held responsible for consequential loss, costs, damages, charges or expenses caused directly or indirectly in the delivery and acceptance of the Products.
3.12 Subject to clause 8, in the unlikely event that you need to return the item, Massé can only accept Products in their original packaging and condition. Semi, Unpacked or Assembled Products cannot be returned. Note all returns are at the cost of the Customer. Cost may vary depending on collection address, delivery service, type of Products and the amount of Products. Please follow our Returns Procedure for returning Products.
4. Shipping
4.1 Massé will deliver the Customer’s Products via a 3rd party courier employed on behalf of Massé.
5. Passing of Property
5.1 Massé shall retain the property of the Products until full payment, including any and all applicable delivery costs, has been made by the Customer and has been received by Massé.
6. Passing of Risk
6.1 The risk in the Products shall pass to the Customer on delivery, as defined in clause 3.12.
6.2 Where Products have been received damaged, please follow clauses 3.11, 3.12, 3.13, 8.4 and 8.5.
6.3 Depending on the Products or issue, it may take a minimum of 7 working days for Massé to resolve an issue or arrange a refund or exchange.
6.4 In the event of either of the above Massé will forward a claim to our 3rd party courier and supplier. Before this can be processed, Massé will require images of the affected areas before any claim can be pursued.
7. Acceptance of Products
7.1 Any item that appear(s) in any photograph, representation, or illustration on our website or in our brochures other than the Product that is described in the title description of the Product, will not form a part of or be included in the Contract. It is meant for illustration purposes only, and may not be included as a part of the Products. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and, subject to clause 10, Massé bears no liability for difference of colour.
7.2 Any advertisements or specifications issued by Massé and any descriptions or illustrations provided on our website or brochures will not be included in the Contract. It is provided for guidance or illustration purposes only, and may not accurately reflect the Products. The Products are subject to change without notice.
7.3 Any typographical, clerical, or other error present on our website, in the confirmation on our invoice sent to you, in our price list, or in any brochures or documentation issued by us shall be subject to correction without any liability on the part of the Company, subject always to clause 10. If we discover an error in the price of Product(s) you ordered, please see clause 1.4 for what happens in this event.
7.4 The Customer shall inspect the Products upon delivery, as stated in clause 3.
7.5 Subject to clause 10, Massé shall not be responsible for consequential loss, costs, damages, charges or expenses caused directly or indirectly in the delivery and acceptance of the Products.
7.6 The Customer shall be deemed to have accepted the Products unless within 5 working days the Customer notifies Massé that the Products are rejected in accordance with our returns procedure in clause 8 or our cancellation procedure in clause 9. If no such action has been taken, Massé shall consider the Products being as described, of satisfactory quality and fit for their purposes, and may not accept any rejection at a later date.
7.7 If, having notified Massé in accordance with clause 7.6, the Customer does not follow our returns procedure in clause 8 or our cancellation procedure in clause 9 (as applicable) within 14 working days of such notification, Massé shall consider the Customer to have accepted the Products and the Products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date.
8. Returns Procedure
8.1 If the Products are to be rejected and returned in accordance with the time limit set in clause 7 above for any reason other than cancellation in accordance with clause 9 below, the Customer shall comply with the return procedure detailed in this clause 8.
8.2 Massé will not accept any returned Products should the return not follow the return procedure.
8.3 The Customer is required to email Massé returns department at sales@rileyleisure.nz to notify their intention to return any Products, following which collection will be arranged. Please note depending on the Products or issue; it may take a minimum of 7 working days for Massé to resolve an issue or exchange. All returns requests will only be accepted in writing, by email to sales@rileyleisure.nz or post, telephone cancellations will not be accepted under any circumstances.
8.4 The Customer must provide the PO Number stated on the exterior of the product packaging
8.5 Massé will request photographic evidence or other forms of evidence of any damage. The Customer must comply with Massé in order to process their intention to return their Products. Any delay in providing information to Massé returns department will delay a Customer issue being resolved.
8.6 In cases where the rejection of an individual Product is due to that individual Product being faulty or damaged (because it is not fit for its purpose or is defective so as to be unsafe) , the Customer is entitled to a replacement once the fault has been verified by Massé on inspection acting reasonably. The individual faulty, damaged or mis-described Product must be returned to Massé premises or other 3rd party premises as instructed by Massé returns department before the replacement can be issued. The Customer must follow clause 8.3 and 8.4 above in order to comply with the returns procedure.
8.7 In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction, and is cancellation in accordance with clause 9, the Customer is entitled to a partial refund (full refund less cost of collection and return, where the collection rate will be charged at a minimum of $100, although this cost may vary depending on the individual Product, delivery service used and collection address) only. Products must be returned to Massé premises or other 3rd party premises before the partial refund can be issued.
8.8 If the Products were delivered to you:
8.8.1 You must arrange for us to collect the Products as soon as reasonably practicable. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
8.8.2 Unless the Products are faulty or not as described (in this case we will be responsible for the costs), you will be responsible for the cost of us collecting the Products from you which will be a maximum of $100 but may vary depending on the individual Product, delivery service used and collection address. If you elect to return the product(s) yourself, we recommend using a proof of delivery or trackable courier service as we cannot be held responsible for any missing items .All goods returned to our premises will only be accepted if we have confirmed collection to you by email.
8.8.3 You have a legal obligation to keep the Products in your possession in a safe place and to take all reasonable care of the Products while they are in your possession.
8.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or the Ministry of Business, Innovation and Employment.
8.10 Note Semi, Unpacked or Assembled items cannot be returned except in accordance with clause 9 below. Returned item(s) must be in its original packaging and condition and in a saleable condition, otherwise this may jeopardise a partial or full refund.
9. Cancellations
9.1 Cancellation right does not apply in the case of any made-to-order or custom-made Products or Products made to your specification or clearly personalised.
9.2 To cancel a Contract, please contact us in writing to tell us or by sending an e-mail to us. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail. Please note depending on the Products or issue; it may take a minimum of 7 working days for Massé to resolve an issue or exchange.
9.3 We refund to you any amounts already paid by you to us in respect of the cancelled Products on the credit card or debit card used by you to pay.
9.4 Where you cancel an order more than 7 working days after placing it and it has not been despatched, you will incur a fee of 50% of the order value which is payable immediately upon cancellation.
9.5 Massé reserves the right to cancel an order without taking any payment from the Customer if:
9.5.1 We do not have stock to fulfil the order;
9.5.2 If we are unable to deliver the Product to your area;
9.5.3 If your payment was not authorised; and
9.5.4 If an item was incorrectly priced or described on our website.
10. Our Liability to the Customer
10.1 If Massé fails to comply with these Terms, our maximum liability under this contract is a full refund of the product price and any delivery charges that have been incurred by the customer.
10.2 Massé only supplies the Products for domestic and private use. The Customer agrees not to use the Product for any commercial, business or re-sale purposes, as it may invalidate the warranty of the product(s) and Massé has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity, .
10.3 Massé does not in any way exclude or limit our liability for:
10.3.1 Death or personal injury caused by our negligence;
10.3.2 Fraud or fraudulent misrepresentation;
10.3.3 Any breach of the terms implied by Consumer Guarantees Act 1993;
10.3.5 Defective products under the Consumer Guarantees Act 1993.
11. Events Outside Our Control
11.1 Massé will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12. Privacy Policy
12.1 We take your privacy seriously and will take all reasonable steps to ensure that information held is accurate, up-to-date, complete, relevant, not misleading and is used only for the purposes stated in this policy.
12.2 We will ensure that security safeguards protect the information and we will take all reasonable steps to ensure that information will not be disclosed to any unauthorized person or organization. We will not disclose any personal information about you to a person, body or an agency who is not entitled to obtain this information. We do not share your details with third party companies, with the exception of courier companies. Such companies and individuals will have access to specific personal information required to make deliveries, but may not use your details for any other purposes.
12.3 Please note, credit card details are not retained online. The only information stored is a customer's transaction history, name, address & e-mail address. These may be used for marketing purposes by Massé or any associated companies. Customers will not be sent 'spam' e-mail. Should any customer not want their details used for marketing purposes, please email a request to be removed sales@rileyleisure.nz
13. License Agreement
13.1 All trademarks shown on all of Massé’s web sites described above belong to their registered owners and must not be copied without prior permission. Massé cannot be held responsible or liable for any misuses conducted by the Customer or any third party. Nothing in these Terms grants the Customer any rights in respect of any intellectual property owned by BCE, Massé or any third party.
14. International Customers
14.1 Customers from outside the New Zealand can only pay by bank transfer and must pay in New Zealand Dollars unless otherwise specified. Massé can only deliver to an address in New Zealand. All other terms and conditions apply.
15. Law
15.1 These terms and conditions are governed by and shall be interpreted in accordance with New Zealand law. This means a Contract for the purchase of Products made through our website and any dispute or claim arising out of or in connection with it will be governed by New Zealand law. You and we both agree to that the courts of New Zealand will have non-exclusive jurisdiction.
15.2 Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.
16. Other Important Terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If you need to contact us you can do so in writing by sending an email to sales@rileyleisure.nz. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.7 We may revise these Terms from time to time to reflect changes in how we accept payment from you or changes in relevant laws and regulatory requirements. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
16.8 Where it is stated "Guaranteed Price Match Promise" we will match any price offered by an official web site for an identical product on the same delivery terms. Other conditions may apply.