FREEDOM CUSTOMER TERMS & CONDITIONS

As At December 2024

Contents

1. Acceptance of terms & conditions

2. Use of the Freedom Online Order System

3. Pricing

4. Payment

5. Acceptance or Rejection of an Order

6. Cancelling an Order

7. Storage

8. Click & Collect

9. Risk and Title

10. Advice and technical information

11. Privacy

12. Freedom Warranty and consumer guarantees

13. How to make a claim

14. Change of mind policy

15. General

These Customer Terms & Conditions cover in-store purchases, and online purchases, from Freedom Furniture New Zealand Limited of 18-26 Amelia Earhart Avenue, Mangere Auckland 2022 and/or its authorised agents (“Freedom” or “we” or “us” or “our”).

The “Freedom Online Order System” comprises all Freedom websites, the software associated with these websites and the facility to enter into transactions to place an order for products sold by Freedom and its related companies (as defined in the Companies Act 1993)) (“Order”).

1. Acceptance of Terms & Conditions

1.1 By making in-store purchases, or viewing, using, accessing, browsing, or submitting any content or material on the Freedom Online Order System, you agree to these Customer Terms & Conditions, our Privacy Policy (https://www.freedomfurniture.co.nz/freedom-privacy-policy), and our Website Terms of Use (https://www.freedomfurniture.co.nz/website-use-and-online-terms-and-conditions) (collectively our “Terms & Conditions”) as a binding legal agreement between you and Freedom.

1.2 If you do not agree to these Terms & Conditions, then you may not use the Freedom Online Order System or make in-store purchases.

2. Use of the Freedom Online Order System

2.1 The Freedom Online Order System is only for purchase and delivery of Freedom products within New Zealand. Not all products can be purchased online.

2.2 By registering for the Freedom Online Order System, you warrant to us that you are at least eighteen years old.

2.3 You must keep secure any means of identification that we provide to you in order to access the Freedom Online Order System. To the extent permitted by law, Freedom takes no responsibility for any transactions which may occur as a result of a disclosure by you of your login details, including password, to third parties.

2.4 You agree to comply with Freedom’s Website Terms of Use available at https://www.freedomfurniture.co.nz/terms-and-conditions. You further agree:

(a) not to use the Freedom Online Order System for any commercial or re-supply purposes;

(b) not to access the Freedom Online Order System using a third-party's account/registration without the express consent of the account holder;

(d) not to pay, or attempt to pay, for a product using any fraudulent or unlawful means;

(e) not to commit any acts of infringement on the Freedom Online Order System or with respect to content on the Freedom Online Order System;

(f) not to copy any content, for republication in print or online or any other purpose;

(g) not to disrupt, interfere with, or otherwise harm or violate the security of the Freedom Online Order System, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Freedom Online Order System or affiliated or linked sites.

2.5 Any Order for a product placed through the Freedom Online Order System is an offer by you to purchase a particular product for the price shown on the Freedom Online Order System at the time you place the Order.

3. Pricing

3.1 All product prices are quoted in New Zealand currency and inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.

3.2 Delivery costs may also be charged on Orders delivered to you. Further details on delivery are set out under the Delivery section below.

4. Payment

4.1 For online purchases, full payment for products must be made at the time you place your Order or make an in-store purchase. If agreed by Freedom, a deposit may be paid with the remaining payment made prior to delivery being arranged.

4.2 For payments by credit card, you authorise our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand.

5. Acceptance or rejection of an Order or in-store purchase

5.1 For online purchases, when you place an Order to purchase product(s), we will send you an email confirming receipt of your Order and containing the details of your Order. This email is an acknowledgement that we have received your Order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for the product(s) ordered by you, when we have processed your Order and issued a sales invoice to you.

5.2 Electronic invoices will be emailed to you at the email address provided by you in relation to the Order.

5.3 We may refuse an in-store purchase or reject an Order placed through the Freedom Online Order System, or any part of the in-store purchase or Order, without liability to you (to the extent permitted by law) if:

(a) a product in that in-store purchase or Order is not available;

(b) there is an error in the price or the description of a product in that in-store purchase or Order; or

5.4 If we reject an Order, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you place the Order.

5.5 Each Order placed through the Freedom Online Order System that we accept results in a separate binding agreement between you and us for the supply of those product(s).

5.6 For each in-store purchase or Order accepted by us, we will supply the product(s) in that in-store purchase or Order to you in accordance with these Terms & Conditions.

6. Cancelling an Order

By Freedom

6.1 We may cancel all or any part of an Order (including any Orders that we have accepted) without any liability to you (to the extent permitted by law) for that cancellation at any time if:

(a) a product in that Order is not available;

(b) there is a material error in the features, specifications or price of a product posted on the Freedom Online Order System for a product in that Order; or

6.2 On our cancellation of an Order, we will refund your payment to you. If we cannot stop the shipment of the Order at the time of cancellation, then we will request you to refuse delivery or return the product(s) in order to receive a refund.

By Customer – furniture and mattresses

6.3 Subject to clause 6.5 below, if within 48 hours of placing a furniture or mattress Order online or making a furniture or mattress purchase in-store (as applicable), and before your product(s) is delivered, you contact Freedom to request a cancellation of your online Order or in-store purchase (noting that such a request includes a request for a change in colour or configuration) due to a change of mind (a “Cancellation Request”), we will accept this Cancellation Request and provide you with a refund of 100% of the purchase price paid by you as at the date of refund (inclusive of delivery fees paid), less a $45 administration fee.

6.4 Subject to clause 6.5 below, if after 48 hours of placing a furniture or mattress Order online or making a furniture or mattress purchase in-store (as applicable), and before your product(s) is delivered, you make a Cancellation Request, we will accept this Cancellation Request and provide you with a refund of 65% of the full purchase price (inclusive of delivery fees). Where Freedom has agreed to a customer paying by way of a deposit with the balance payable prior to delivery in accordance with clause 4.1 above, a customer must have paid at least 35% of the full purchase price (inclusive of delivery fees) in order to receive the benefit of this clause 6.4. In such a case, we will provide you with a refund of the amount of the purchase price you have paid which is more than 35% of the full purchase price (inclusive of delivery fees).

6.5 A customer’s rights under clauses 6.3 and 6.4 are not available with respect to purchases made with finance.

6.6 The administration fee referred to in clause 6.3 will either be deducted from the moneys paid by you for the product(s), or we will invoice you for this amount separately.

7. Delivery

7.1 Delivery charges and the estimated date of delivery or date range for delivery will depend on where your Order is being delivered. See Delivery Information for the postcodes that we deliver to, costs and estimated delivery dates.

7.2 Products can only be delivered within New Zealand.

7.3 It is the customer’s responsibility to ensure correct delivery address and access details are provided to Freedom.

7.4 Any delivery date or date range provided to you is an estimate only. We will use reasonable endeavours to meet the estimated delivery date, however products may be delivered within a reasonable period of that date. In these circumstances, and subject to our obligations under the law (including those described at clause 13 below), we will not be liable for any loss or damage, however it arises, if the products are delivered within a reasonable time after the estimated delivery date.

7.5 Products will only be delivered if a person aged over 18 and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising collection from the address identified on the card if delivery cannot be made at the time which you agreed to accept delivery because an appropriate person is not present.

7.6 Unless we agree otherwise, you must collect or take delivery of the products within 30 days from the day that we notify you that they are available (including for Click & Collect Orders). We will endeavour to provide you with reasonable options for organising the collection or delivery of the products. If we have done this, and you fail to collect or take delivery of the products, we may, after providing 30 days’ notice to you, or such longer notice period where reasonable in the circumstances, cancel your Order, in which case you will forfeit the moneys paid by you for the product(s) (inclusive of delivery fees). We may then deal with the product(s) in our discretion (including disposing of them or re-selling them).

7.7 You acknowledge that clause 7.6 is reasonably necessary to protect our legitimate business interests in having products ordered by customers collected or delivered, so that we are not unnecessarily incurring storage costs.

8. Click & Collect

8.1 Click & Collect is limited to participating Freedom stores. We reserve the right to change participating stores at any time.

8.2 All homewares and furniture products that are in-stock at your selected store and on our website are available for Click & Collect unless otherwise specified.

8.3 If we have your email on file, you will receive an email when your Order is ready for collection.

8.4 When collecting the Order, the person:

(a) must collect the Order from the store selected when the Order was placed;

(b) must provide a copy of the Order confirmation;

(d) must present the card used for payment.

8.5 The person collecting the Order acknowledges that we may record the details of any identification provided in relation to the collection of the Order in accordance with our Privacy Policy.

8.6 For larger items, be aware that you may need two people to safely carry your Order. You acknowledge that it is your responsibility to safely transport your items from the point of collection.

8.7 For Click & Collect Orders, you must collect your Order within 14 days of being notified that it is ready for collection. For Orders not collected in this time, Freedom may, after providing notice to you that we intend to do so, issue you with an invoice in an amount to cover reasonable storage fees and/or cancel your Order. An estimate of storage fees (including handling in and out, storage on-site or off-site where necessary) is $50 per delivery per week.

8.8 Please call your nominated Click & Collect store if you are unable to pick it up within this time. For store address and opening times see our Store Locator at https://www.freedomfurniture.co.nz/store-finder/country/NZ.

9. Risk and title

9.1 Risk in Freedom products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Freedom of full payment by either cash or clearance of funds into our bank account.

10. Advice and technical information

10.1 Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Freedom in relation to any products is given in good faith and is believed by Freedom to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Freedom in relation to any products supplied by Freedom is approximate and general only.

11. Privacy

11.1 Freedom is committed to respecting your privacy. To view our Privacy Policy, visit https://www.freedomfurniture.co.nz/freedom-privacy-policy.

12. Freedom Warranty and consumer guarantees

12.1 Freedom Warranty: Freedom provides this warranty (“Warranty”) for products that have been purchased from Freedom in New Zealand. The benefits provided in this Warranty are in addition to other rights and remedies provided to consumers under the Consumer Guarantees Act 1993 (“CGA”) and the Fair Trading Act 1986 (“New Zealand Consumer Law”) and any other laws in relation to the products to which this Warranty relates. The Warranty period commences from the date of purchase or, in the event the product requires delivery, the date of delivery.

12.2 The period of the Warranty in respect of a product or a component of a product
is as follows:

Product/Component	Warranty period
S20 Sofa Warranty - Structural elements of upholstered furniture (including the frame, suspension system and structural components). Upholstered furniture includes sofas, daybeds, chaise, armchairs, occasional chairs and recliners, and excludes dining chairs, bar stools, bedheads and bases, mattresses and outdoor furniture.*	20 years
Mattresses (excluding sofa bed mattresses).	10 years
Furniture (including upholstery furniture coverings, mechanisms, feather and fibre fillings, foam and finishing (stitching, glue, nails, tacks).	2 years
Batteries sold in furniture, and electric and motion components of furniture.	1 year
All other products, or as otherwise specified on the product packaging.	1 year

* The S20 Sofa Warranty commences mid December 2024.

12.3 This Warranty covers the replacement or repair of a product that has a manufacturing or material defect that is not the result of normal wear and tear or accidental damage. This Warranty is not transferable and does not cover products used for non-residential or commercial purposes.

12.4 Exclusions: This Warranty does not apply to any products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product. In addition, this Warranty will not apply if:

(a) The damage is the result of a natural characteristic of the material used, including:

leather variation, markings, scars, which are the natural representation of the hide;
natural variations in grain, colour and patinas expected in marble, timber and stone products;
the natural and expected settling of upholstery furniture through softening of foams, feathers, pilling, puddling/stretching of fabric and leather;
the natural softening or compression of foam or springs in upholstery furniture and mattresses resulting from regular use over time;
expected slight variations on product due to hand crafting such as slight variations in dye lots, sticking and alignments.

(b) Modifications or repairs to a product are made or attempted by a service provider other than one approved by Freedom.

(c) The product has not been assembled, used or maintained in accordance with the manufacturer’s instructions as provided with the product and/or any relevant care instructions.

(d) The customer uses the product in an abnormal manner, for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to excessive load, not maintained or cleaned properly, or used after partial failure.

(e) The damage is due to exposure to sunlight, extreme conditions such as heat (including fire), cold or humidity, moisture, or prolonged UV exposure or similar.

(f) The damage is due to staining, spilling or discolouration, regardless of cause, but for example due to use of corrosive or harmful materials on the product such as acid, ink, paint, dyes (including dye transfer from clothing or other fabrics), solvents or bodily fluids.

(g) The damage is due to pets, sharp objects, or any other external influences.

(h) The issue relates to a minor difference between the advertised measurements of the product and the measurements of the delivered product.

(i) The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.

(j) The product is tampered with in any way.

(k) The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.

12.5 New Zealand Consumer Law: If you are a consumer under New Zealand Consumer Law, you have certain rights. Nothing in these Terms & Conditions limits or excludes any rights that you have as a consumer that cannot be lawfully limited or excluded. Information about New Zealand Consumer Law is available from the website of the New Zealand Commerce Commission.

12.6 Consumer guarantees: Our goods come with guarantees that cannot be excluded under the CGA. You are entitled to a replacement or refund for a failure of substantial character and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a failure of substantial character.

12.7 Consumer guarantee remedies: CGA provides that if there is a failure of substantial character with the product, the customer is entitled to:

(a) reject the product and get a refund;

(b) reject the product and get an identical replacement, or one similar in value if reasonably available; or

(c) keep the product and obtain compensation from Freedom for the drop in value of the product caused by the failure of substantial character.

12.8 If there is a minor failure with the product, the customer is entitled, at the election of Freedom to:

(a) a refund of the cost of the product;

(b) replacement of the product; or

12.9 Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these Terms & Conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including New Zealand Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Freedom is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.

13. How to make a claim

13.1 To claim under the Warranty or a consumer guarantee in the New Zealand Consumer Law, you must complete an online claim form at https://help.freedomfurniture.co.nz/hc/en-us, and return the product for repair/inspection as requested.

13.2 You will be requested to either return the product for inspection/repair, or we will arrange for the product to be inspected at your home. Freedom reserves the right to charge a reasonable upfront call out fee prior to inspection of the product, in which case such a fee will be refunded should Freedom determine you have a valid claim.

13.3 If you are requested to return the product to Freedom for inspection/repair, you will need to arrange and pay for the transportation of the product to the store or other address advised by Freedom. If the product cannot be returned without significant cost because of its size or height, a problem with the product, or the way it is attached, Freedom will arrange and pay for the transportation of the product. If Freedom determines there is a valid claim, it will reimburse you for any reasonable transportation costs paid by you. If Freedom determines you do not have a valid claim, you must reimburse Freedom for any reasonable transportation costs that Freedom has paid and any reasonable return transportation costs.

13.4 Freedom will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed we require proof of purchase from you. We will do our best to resolve the issue in a timely manner.

13.5 For any queries please visit our help centre at https://help.freedomfuriture.co.nz/.

14. Homewares Change of Mind Policy

14.1 For homewares products purchased in-store and collected and paid for at the time of purchase, or purchased online, in each case excluding products listed below as ‘excluded products’, in addition to the remedies available under the Freedom Warranty and applicable law (including New Zealand Consumer Law), if you change your mind you may return the product within 30 days of the date of purchase (for in-store purchases) or delivery (for online purchases) for a refund or exchange provided that the product is:

(a) returned in its original condition;

(b) in its original unopened and sealed packaging; and

14.2 Excluded products are:

(a) upholstered and furniture products;

(b) clearance and sale products;
(c) products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product; and

(d) made to order products – products which are made to individual customer specifications, including custom made furniture products, or custom fabric products, which have to be ordered specifically for a customer.

14.3 myFreedom Members on a valid membership have extended returns. You can view myFreedom Homewares Change of Mind Policy at https://www.freedomfurniture.co.nz/change-of-mind-terms-and-conditions.

14.4 Products purchased online can be returned to any Freedom store, New Zealand wide. To find your local store, visit https://www.freedomfurniture.co.nz/store-finder/country/NZ.

14.5 Items posted to Freedom are at the customer’s cost and risk, and Freedom will not refund customers for any products that it does not receive; or that it receives which are broken or damaged. Please make sure you appropriately pack any items before posting these to Freedom.

14.6 Except as set out above, and as set out at clauses 6.3 and 6.4 with respect to furniture products, Freedom will not provide a refund or exchange, or cancel a product which has been ordered, if you simply change your mind, unless Freedom chooses to do so in our discretion.

14.7 If Freedom does choose to provide a refund or exchange (or cancel an order) simply due to a change of mind, we may ask you to pay a reasonable cancellation charge to us (for example, to cover reasonable storage fees and any mark down on products). We will inform you in advance of the amount of that charge, and you may choose whether or not to proceed with the refund, exchange or cancellation. If you do proceed:

(a) we will reduce any refund payable to you by the amount of the cancellation charge; or

(b) if the cancellation charge is more than what you have already paid, we will issue you with an invoice for that amount.

15. General

15.1 These Customer Terms & Conditions form a binding legal agreement between you and Freedom in regards to your purchases from Freedom.

15.2 Products are suitable for domestic use only unless otherwise specified.

15.3 We may modify these Terms & Conditions. The Terms & Conditions which apply to a purchase are those that are made available to you on the day of your purchase. If we modify these Terms & Conditions, we will post a revised version on the Freedom website.

15.4 Freedom may modify, suspend, or discontinue at any time, the Freedom Online Order System and/or services offered on or through the Freedom Online Order System (or any part thereof).

15.5 Any provision of these Terms & Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Terms & Conditions is not affected.

15.6 These Terms & Conditions will be governed by and construed in accordance with the laws of New Zealand. The parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Freedom Furniture New Zealand Limited
18-26 Amelia Earhart Avenue, Mangere Auckland

Version December 2024