Cart 0
Cart 0

Terms of Service

This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. 

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  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.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. 

These Terms, and any Contract between us, are only in the English language.

  1. Information about us
    1. We operate the website www.augustavenue.co.nz. We are August Avenue Limited, a company registered in New Zealand with our registered office at 51 Marlborough Street, Mt Eden, Auckland 1024.
  2. Our Products
    1. The images of the Products on our site are for illustrative purposes only. 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. 
    2. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available. 
  3. Use of our site
    1. Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
  4. How we use your personal information
    1. When dealing with your personal information we will comply with the Privacy Act 1993 and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if it were regulated by these laws. 
  5. If you are a consumer

This clause 5 only applies if you are a consumer.

    1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
  1. If you are a business customer

This clause 6 only applies if you are a business.

    1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
    2. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document expressly referred to in them.
  1. How the contract is formed between you and us
    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. After you place an order, you will receive an e-mail from us acknowledging that we have received and accepted your order.  Our acceptance of your order is subject to the condition described at clause 7.3.
    3. 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 site as referred to in clause 11.5 we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
  2. Our right to vary these terms
    1. We may revise these Terms from time to time in the following circumstances:   
      1. changes in how we accept payment from you; or
      2. changes in relevant laws and regulatory requirements. 
    2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
    3. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
  3. Delivery
    1. Delivery will be completed when we deliver the Products to the address you gave us.
    2. The Products will be your responsibility from the completion of delivery.
    3. You own the Products once we have received payment in full, including all applicable delivery charges. 
  4. International delivery
    1. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount.  
    2. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
    3. You must comply with all applicable laws and regulations of the country for which the Products are destined.  We will not be liable or responsible if you break any such law.
  5. Price of products and delivery charges
    1. The prices of the Products will be as quoted on our site from time to time. We 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 11.5 for what happens in this event.
    2. Prices for our Products may change from time to time, but changes will not affect any order which we have accepted.
    3. The price of a Product includes Goods and Services Tax (GST) (where applicable) at the applicable current rate chargeable in New Zealand for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
    4. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. 
    5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will 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 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.
  6. Payment
    1. Payment for the Products and all applicable delivery charges is in advance. 
  7. Limitation of Liability
    1. Our liability under this Agreement whether in contract, tort (including negligence), under statute or otherwise in respect of any one occurrence will be excluded to the maximum extent permitted by law, and will exclude any indirect, consequential, special or incidental loss or damages.
  8. Events outside our control
    1. We 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 14.2.  
    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, pandemic, 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.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. 
  9. Communications between us
    1. When we refer, in these Terms, to "in writing", this will include e-mail.
    2. 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.
    3. Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  10. Other important terms
    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. 
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. 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.
    5. 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. 
    6. This Agreement is governed by and construed in accordance with New Zealand law and the parties irrevocably submit to the exclusive jurisdiction of the New Zealand courts.