1.1  For the purposes of this agreement:
“Supplier” shall means Moda Furnitures and its successors and assigns,
“Customer” means the customer or any person acting on behalf of and with the authority of the Customer,
“Goods” shall have the same meaning as section 119 of the Contract and Commercial Law Act 2017 and are goods supplied by the Supplier to the Customer (and where the context so permits shall include any supply of Services as defined here under)
“Services” shall mean all services supplied by the Supplier to the Customer and include any advice or recommendations (and where the context so permits shall include any supply of goods as defined above).
“Price” shall mean the costs of the Goods as agreed between the Customer and the Supplier in this Agreement.
1.2  Any instructions received by the Supplier from the Customer for the supply of Goods shall constitute acceptance of these terms and conditions contained herein. Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be modified or varied in writing with the written consent of the Supplier.
1.3  While every reasonable effort is made by the Supplier to update details and availability of Goods, it is unavoidable due to unforeseen circumstances and high customer demand that stock may become unavailable from time to time. Orders will be taken on first come first served basis and Customers are advised to place their orders as soon as possible to avoid disappointment. Where orders are received for Goods which are out of stock, the Supplier will make all reasonable efforts to contact the Customer using their contact details provided to advice.

2.1  Title to the Goods shall pass to the Customer on payment of the full Price. Pending payment of the full Price;
If the Goods are incorporated into other goods such goods shall vest in the Supplier to the value of the Goods.
The Customer shall hold the Goods as fiduciary agent and bailee for the Supplier;
If the Customer sells the Goods to a third party the Customer shall be the agent of the Supplier and shall hold the proceeds of sale as trustee for Suppliers.
2.2  If payment by the Customer is overdue the supplier may enter upon and into the premises or land owned, occupied or used by the Customer or any premises or land as the invitee of the Customer where the Goods are situated at any time to inspect or take possession of the Goods without being responsible for any damage thereby caused.
2.3  The Customer undertakes to indemnify and keep the Supplier indemnified against all liability incurred in connection with or as a result of the supplier exercising its rights under clause 2.2 above.

3.1  For the purpose of facilitating the efficient running of the Supplier’s business, the Customer authorizes the Supplier;
To collect all information relating to the Customer, that the Supplier may require from any third parties and authorizes those third parties to release that information to the Supplier; and
To hold all information given by the customer or any third parties to the Supplier; and
To use that information, including giving information to any other person to facilitate collection of debts from the Customer.
3.2  The information will be collected, held and used on the condition that:
3.2.1It will be held securely at the Supplier’s office; and
3.2.2It will be accessible to any of the Supplier’s employees and agents who need access to it for the efficient running of the supplier’s business; and
3.2.3The customer may request access to and correction of it at any time.

4.1  Risk in any Goods supplied to the Customer will pass to the Customer on delivery.

5.1Unless otherwise agreed in writing, the Customer shall be responsible for the costs of and arranging transportation of all Goods. If the Supplier has agreed to deliver the Goods, the Supplier will make every reasonable effort to keep to delivery schedules, but (subject to the Supplier’s obligations under the Consumer Guarantees Act 1993) will take no responsibility for delivery delays beyond its control and the failure of the Supplier to deliver shall not entitle either party to treat this Agreement as repudiated. The Customer agrees to accept delivery as soon as the Goods are able to be delivered. Unless otherwise agreed in writing, point of delivery will be at the Supplier’s premises. The Customer agrees to acknowledge safe delivery of the Goods by signing on the Supplier’s delivery note or such similar document which the Supplier may require.
5.2Subject to the Supplier’s obligations under the Consumer Guarantees Act 1993, the Supplier shall not be liable for damages or for delay in delivery or for failure to give notice of delay when such delay is due to conditions beyond the Supplier’s reasonable control.
5.3Delivery fee will be charged and varies between goods and locations. Re-delivery fee will be incurred when a scheduled delivery needs to return to the supplier for any reason not of the Supplier’s making.
5.4Unless otherwise agreed in writing, extra delivery fees apply to a delivery upstairs (apartments/stairs/elevators). The Customer will inform the Supplier when booking delivery, or the Customer agrees to pay the extra delivery fee upon delivery.

6.1 With respect to quotations, prices will be confirmed in writing at the time of order but otherwise prices are subject to change without notice. Unless otherwise agreed in writing all freight, insurance and delivery charges and assembling or disassembling fees will be additional to any Price quoted.

7.1 Full payment is required at the time of order.
7.2 Payment by way of credit cards can only be made by the Customer attending to one of Moda Furnitures Stores using any one of the following credit cards: Visa, MasterCard, or Q Card.
7.3 Payment by Customer not using credit cards as aforesaid shall make payment by direct credit into Moda Furnitures bank account, details of which will be provided by the Supplier once order is received and confirmed by the Supplier.
7.4 In using the Supplier’s Transaction Processing Service for the purchase of the Goods, the Customer represents and warrants that he/she is over 18 and has the legal capacity to contract in New Zealand. As the Customer is using a credit card to process a transaction, the Customer represents and warrants that the credit card is issued in his or her personal name and that the Customer shall pay to the issuer all charges incurred through the use of Transaction Processing Services.

8.1Nothing in these terms and conditions is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 except to the extent permitted by the Act and these terms and conditions are to be modified to the extent necessary to give effect to that intention.
8.2If the Customer purchases the Goods for the purposes of a business and the Customer is in trade, the provisions of the Consumer Guarantees Act 1993 do not apply.
8.3The Customer acknowledges that the Supplier has not given any guarantees other than the guarantees under the Consumer Guarantees Act 1993 or any other form of warranties other than those expressly confirmed in writing.

9.1Subject to the Consumer Guarantees Act 1993, Goods supplied shall be subject to the terms and conditions of the warranties and the guarantees provided by their respective manufacturer’s warranty. The Supplier shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturer’s warranty and the provisions of the Consumer Guarantees Act 1993.
9.2No warranty whatsoever (other than the guarantees applicable under the Consumer Guarantees Act 1993) is given by the manufacturer in respect of any Goods unless specifically stated in writing by the manufacturer.
9.3Warranty (if any) is only valid when the Goods are used within New Zealand. Goods which were bought for commercial or overseas use are not covered by the warranty. If you are acquiring goods (or services) from Moda Furnitures for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods (or services).
9.4The Supplier offers at least a one year warranty on all goods.

10.1Subject to the Supplier’s obligations under the Consumer Guarantees Act 1993 (which provides statutory guarantees relating to goods and services supplied to consumers):
the Supplier will not permit cancellations or refunds on custom made Goods; and
goods accepted for return must be in a new and saleable condition.
10.2The Customer is responsible for the careful selection of Goods (e.g. goods fit into the customer’s house).

11.1The Customer shall inspect the Goods on delivery and shall notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote within a reasonable time following delivery or the defect becoming apparent.

12.1If any of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.
12.2All Goods supplied by the Supplier are supplied subject to the laws of New Zealand and the supplier takes no responsibility for changes in the law that affect the Goods supplied.
12.3Subject to the Consumer Guarantees Act 1993, neither party shall be liable for any default due to any act of God, terrorism, war, strike, lockout, industrial action, flood, storm or any other event beyond the reasonable control of either party.
12.4Nothing in this Agreement shall impose any direct personal liability whatsoever on the part of the Supplier’s directors, shareholders or employees.

13.1 When subscribing to the Moda Furnitures Newsletter you are agreeing to receive Moda Furnitures newsletters.
13.2 By ticking the “I accept the Terms & Conditions” checkbox, you are agreeing that your personal information is collected by Moda Furnitures for the purposes of selling you our products and services.
13.3 Personal information is not disclosed to anyone outside the company without prior consent.
13.4 To unsubscribe from our mailing list you are free at any time to click the “unsubscribe link” which will appear on all email correspondence.

14.1. Access to loans and insurance: We will help you to find and enter into loans and insurance policies from available Providers subject to you meeting eligibility and other requirements (including requirements set out in clause 5). In order to access insurance products, you must enter into a loan arranged by us. Providing you with an option to acquire insurance is entirely at our discretion.

14.2. Incomplete Application: If you apply but do not submit your bank statements and/or identify verification within 24 hours, your Incomplete Application won't be able to get reviewed by the lending team.

14.3. Declined Applications: If we decline your application, we have not provided you with a service and we will not provide any Services to you.

14.4. Non-advised services: Except where we specify, we do not provide Financial Advice Services in relation to personal loans. We do not provide Financial Advice Services in relation to insurance.

14.5. Application: To apply for a loan from available Providers, you must submit an application on your own behalf on our Website.
To apply you must:
Live permanently in New Zealand;
Be at least 18 years old at the time you submit the Application.

14.6. Agent Authorisation: You appoint us as your agent to discuss your Application and related matters with Providers and other third parties.

14.7. Information: You authorise us to undertake any credit, verification or other checks required in relation to your application. You must promptly provide us with all information (including updated information) that we reasonably request or require in connection with your Application and our Services. You agree that we can collect, use, share, hold and protect your personal information in accordance with the Privacy Policy. In order for us to obtain required information from third parties, you authorise third parties to release to us all requested information relating to you and your financial position in accordance with the Privacy Policy.

14.8. Decision: We may, at our sole discretion, accept your Application. You can withdraw your Application at any time before we make a decision on your Application (see clause 8) by notifying us by email at sale@modafurnitures.co.nz

14.9. Application assessment: When we receive your application we will assess whether you are eligible for loans from available Providers.

If you apply for a Hire purchase that is for up to $10,000, we will either provide you with conditional approval, decline your Application or refer your application to a lending consultant for more information. Our decision on such loans is not a Financial Advice Service.
The adviser’s role is set out in the Disclosure Statements provided to you.
Conditional approval is not a guarantee that you will be able to enter into any loans. Conditional approval will be valid for a period of 60 days following notification to you. You will need to make a new application after the expiry date including meeting all eligibility requirements.



Conflicts of Interest
14.12. We will disclose all relationships we have or companies we may refer you to that could cause any potential conflict of interest. We have identified this potential conflict of interest:

Your obligations and acknowledgments
14.13. You warrant, agree and acknowledge at all times that:

All information you supply to us is true, correct, complete and up-to-date and that nothing material has been omitted;
Where there has been any change in circumstances of any kind during the period we are assisting you, you will provide us with updated information (even if we do not request that information);
We have no obligation to check or verify that any information you provide to us or a Provider (for any purpose) is true, correct, up-to-date or complete and, to the extent we do so, we do not confirm that the check or verification is complete or accurate;
We do not accept any responsibility or liability to you whatsoever (and howsoever arising) in connection with a lack of information, or inaccurate, untrue or incomplete information being provided by you (including as part of your Application), or on your behalf, to us, a Provider or any other person;
To the maximum extent permitted by law and subject to clause 13, we give no warranty, assurance or undertaking that you will be able to obtain any loan, or a loan on the finance terms noted on our Website or insurance;
To the maximum extent permitted by law and subject to clause 13, we have no responsibility or liability to you whatsoever for any liabilities, costs or losses you suffer or incur arising from or in connection with the loan or insurance that you enter into with a Provider.
Liability
14.14. No provision in the Agreement is intended to have the effect of contracting out of your rights under the Consumer Guarantees Act 1993 (CGA), except to the extent permitted by law. However, if you are in trade you agree to contract out of the CGA and this clause 14 does not apply to you.

14.15. To the maximum extent permitted by law and subject to clause 14 we shall have no liability to you whatsoever, whether in contract, tort (including negligence), equity or otherwise, for any liabilities, costs or losses you suffer or incur as a result of, our breach of the Agreement or otherwise in connection with the Agreement, except to the extent the liabilities, costs or losses arising from our fraud, dishonesty or wilful default.

Termination
14.16. Either party may, without cause, terminate the Agreement on seven days’ prior notice to the other. Expiry or termination of the Agreement does not affect each party’s rights and obligations that accrued before the date of termination or expiry of the Agreement.

14.17. Parts of this Agreement which, by their nature, are intended to survive expiry or termination, including clause 10, continue in force.

General provisions
14.18. Commencement: This Agreement applies to you from the time you submit an application to us.

14.19. Amendments: We may update this Agreement at any time, acting reasonably, by notice in writing to you. If we make any changes that materially detrimentally affect your rights or obligations under this Agreement we will give you a reasonable opportunity to cancel this Agreement before the changes come into effect (without penalty).

14.20. Reliance: Our Services are provided, and obligations are owed, to you only and do not extend to any other person (including family members, directors & related companies).

14.21. Entire Agreement: The Agreement sets out everything agreed by the parties relating to the Services and supersedes and cancels anything discussed, exchanged or agreed prior to the start of the Agreement. The parties have not relied on any representation, warranty or agreement relating to the subject matter of this Agreement that is not expressly set out in this Agreement, and to the maximum extent permitted by law no such representation, warranty or agreement has any effect from the start of this Agreement.

14.22. No-Assignment: You may not assign or transfer any of your rights or obligations under the Agreement except with our prior written consent.

14.23. Definitions: In this Agreement, the following terms have the following meaning:

“Agreement” means these terms and conditions, the Website Terms of Use, the Privacy Policy and Disclosure Statements.
“Application” means an application for a loan from available Providers made on our Website.
“Disclosure Statements” means the disclosure statements we or our financial advisers provide to you from time-to-time including the disclosure statement published on our Website.
“Financial Advice Service” is provided when a person seeks regulated financial advice from a licensed provider. This term is explained in more detail under section 431D of the Financial Markets Conduct Act 2013
“Incomplete Application” means an application for a loan from available Providers made on our Website where either the bank statements or the identify verification section has not been completed after 24 hours.
“Moda furnitures” means The Moda furnitures Limited
“Platform Fee” means the fee we charge in accordance with clause 9.
“Privacy Policy” means our privacy policy from time-to-time published on our Website.
“Provider” means a lender or an insurer whose financial products we assist you to enter into.
“Services” means the services provided to you as described in this Agreement, our Disclosure Statements and in financial advice we provide to you.
“Website” means Moda furnitures website at https://modafurnitures.co.nz/.
“Website Terms of Use” means our website terms of use from time-to-time.
24. Interpretation: In the Agreement:

A reference to “you”, “your” is to the person(s) named on the Application;
A reference to “we”, “us”, “our” is to Moda furnitures;
A reference to a clause is to a clause in this Agreement;
A reference to $ or dollars is to New Zealand currency;
A reference to a party to this Agreement includes that party’s permitted assigns;
A reference to including and similar words do not imply any limit;
Words in the singular include the plural and vice versa.