Website Use Terms & Conditions

As At October 2023

Contents

1.    General

2.    Warranties

3.    Your use

4.    Non-commercial use only

5.    Prices

6.    Colours

7.    Products, availability & assembly

8.    Consumer guarantees

9.    Liability of Freedom

10.  Privacy

11.   Intellectual property 

12.   Overseas access

13.   Governing law

1.    General 

1.1    This website is owned and operated by Freedom Furniture New Zealand Limited trading as Freedom (“Freedom” or “we” or “us” or “our”). 

1.2    By entering, accessing or using our website in any way, you agree to comply with the following Website Terms of Use, our Customer Terms & Conditions and our Privacy Policy (collectively our “Terms & Conditions”), and any other laws or regulations which apply to this website. In addition, when you purchase any products or services through this website, you will do so subject to the terms and conditions on this page, and as set out in our Customer Terms & Conditions, and subject to all our other website conditions and such further terms and conditions as may be notified to you. 

1.3    By using this website, you acknowledge that you have read and understood all of these Website Terms of Use and agree to be bound by them. However, if you do not or cannot accept our Website Terms of Use in full and without modification, you must stop using our website immediately.

1.4    We may revise and update our Website Terms of Use. The Customer Terms & Conditions which apply to a purchase are those that are made available to you on the day of your purchase.  

1.5    The information contained on this website is intended to apply in New Zealand only. While Freedom aims to ensure that the information in this website is correct, sometimes errors do occur for which we apologise. Please refer back to these Website Terms of Use from time to time so that you are aware of the current terms and conditions. We do not undertake to keep this website updated.

2.    Warranties

2.1    As a condition of your use of this website, you warrant that:

   (a)    you are at least 18 years of age; 

   (b)    you will use this website only in accordance with these Website Terms of Use; and

   (c)    the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely to mislead or deceive.

3.    Your use

3.1    You may only use this website for lawful purposes. When using this website, you must not:

   (a)    impersonate any person or entity;

   (b)    make any fraudulent, speculative or false enquiries or bookings;

   (c)    post or transmit to or via this website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;

   (d)    knowingly transmit any virus or other disabling feature to our website;

   (e)    interfere with, disrupt, or create an undue burden on the website or the associated systems;

   (f)    frame or mirror any part of the website without our written approval; or

   (g)    except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our website or cause any other person to do so.

4.    Non-commercial use only

4.1    You may only use this website for your own personal use (which must at all times be reasonable and not abusive) or for purposes legitimately connected with purchasing our products and services.

4.2    You are not allowed to access, use or copy any material or information on this website for any commercial purpose or for any purposes which are unlawful. In particular, you are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this website except that you may print off any individual page for your own personal use.

5.    Prices

5.1    All references to $ and dollars on this website are to New Zealand currency. Prices displayed on our website are available in New Zealand only. For in store purchases, please check pricing with your nearest store prior to purchase (prices provided for in store purchases are indicative of the current store price in the store closest to the postcode you have provided, but may be changed by the relevant store). 

5.2    To update your postcode please scroll to the top of this page, and select “Set location for availability and delivery information”.

6.    Colours

6.1    Reproduction of colours is as accurate as possible, but please note real colours may vary slightly from what is displayed on your monitor.

7.    Products, availability & assembly

7.1    Due to popularity or interruption of supply, some items displayed on our website may be unavailable or out of stock.

7.2    A selection of our goods are only available for purchase online. As our stores vary in size, it is possible that not all items are displayed in all stores. However all items can be ordered from all stores. Please call your local Freedom store before attending to enquire whether they have the items on display or available. 

7.3    Some items may require self assembly. We may make changes to product specifications. Please check the relevant specifications for a particular product before purchase. 

8.    Consumer guarantees

8.1    Our goods come with guarantees that cannot be excluded under New Zealand Consumer Guarantees Act 1993 (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.  For details of the Freedom Warranty or consumer guarantees for Freedom products, see our Customer Terms & Conditions

9.    Liability of Freedom

9.1    Freedom aims to ensure that the information we provide on our website is accurate and complete, however there may be errors. If you have specific enquiries in relation to a product, please call or visit us in store.  

9.2    This website may contain links to other internet sites provided by third parties. The provision of any of these links does not represent an endorsement by Freedom of those internet sites, nor does Freedom make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. Freedom expressly excludes liability for any such inaccuracies or errors on other third party internet sites to the fullest extent permitted by law.

9.3    To the maximum extent permitted by law (including without limitation under the CGA), Freedom is not liable to you or anyone else for any:

• decision, action or inaction taken in reliance on the information in, or connected with, this site; 
• losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this website;
• your use or misuse of this website or any information or material contained in this website;
• the loss or modification of information or material transmitted from this website;
• any defect, technical problem or virus attached to or arising from this website or the server;
• any injury or illness you or any other person sustains as a result of using this website;
• the products displayed being unavailable at any time;
• your inability to access or use the website or any material on the website;
• the loss of confidentiality in any information or material transmitted to or from the website,

except to the extent that Freedom's wrongful conduct or negligence caused the relevant loss.

9.4    To the maximum extent permitted by law (including the CGA), Freedom does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion or interferences.

10.    Privacy

10.1    Freedom is bound by the Privacy Act 2020 and is committed to respecting your privacy. Freedom's Privacy Policy outlines how and when personal information is collected, stored and distributed by Freedom. You can review our Privacy Policy here.

11.    Intellectual property 

11.1    This website and its contents are the property of Freedom and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited without the prior written permission of Freedom.         

11.2    Freedom is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to Freedom in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use of any of Freedom’s intellectual property is prohibited without the prior written permission of Freedom.  

11.3    Nothing contained in this website should be construed as giving you any right in or licence to any of the intellectual property on or associated with this website.

12.    Overseas access

12.1    This website may be accessed in New Zealand and throughout the world. Freedom makes no offer in or by this website to sell any product or service in any country outside New Zealand and no representations that the content of this website complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. 

13.    Governing law

13.1    This website has been designed for use within New Zealand. By accessing this website you are agreeing that the Courts of New Zealand will deal with any disputes which may arise between you and us, and that the laws of New Zealand shall be the applicable law.