About the Rules
The Forlongs Terms of Use (Terms) are the rules for using Forlongs Website. They tell you what you can and can't do, and what you can expect from Forlongs. They also explain everyone's legal responsibility.
Whenever we say "we", "us", or "our" we mean Forlongs Furnishings Limited. We call our website "forlongs.co.nz" and whenever we talk about "Forlongs" (without the Limited) we are referring to forlongs.co.nz.
What does this mean legally?
These Terms create a legal agreement between you and us that covers everything you do on forlongs.co.nz and everything we make available to you on forlongs.co.nz. Whenever you browse or shop on Forlongs you are protected by the laws of New Zealand. These include the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Sale of Goods Act 1994 and the Commerce Act 1986.
When you use Forlongs you are also subject to the Forlongs Policies and any separate terms and conditions we publish. The Forlongs Policies provide important additional information, terms and guidelines relating to your use of Forlongs (for example our Privacy Policy, competition terms, information on orders.
Accepting the Terms
Whenever you use forlongs.co.nz the Forlongs Terms apply to you. By choosing to use Forlongs you are confirming to us that you accept these Terms.
Changing these Terms
We may change the Forlongs Terms at any time with or without notice to you. If we do this, any changes will take effect as soon as they are posted to forlongs.co.nz.
About New Zealand Law
These Terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with New Zealand law. In the event of any dispute arising in relation of these Terms or their subject matter, the New Zealand courts will have non-exclusive jurisdiction over such dispute.
Using Forlongs
Who can use Forlongs?
forlongs.co.nz is a New Zealand web site for New Zealand shoppers. To shop on Forlongs.co.nz you must be the authorised holder of a Visa or Mastercard credit card that has been issued by a New Zealand credit card issuer; or a Forlongs Account holder.
What is Forlongs
Forlongs provides two (2) main types of services for consumers, Shopping Services and Community Services.
Price and Product Descriptions
Product Descriptions
Product descriptions, Buying Guides and other information and commentary about products available on forlongs.co.nz are provided by other people. Suppliers and content providers do their best to make sure the information they provide to us is accurate, reliable, adequate, complete and current. However, we are not responsible in any way for suppliers and content providers content.
If you buy a product at Forlongs and it doesn't meet the product description, by law, you are able to return it to the retailer in an unused condition. In this situation, the retail store will be responsible to you directly. Find out more about how this works in our Consumer Rights section.
Product Guarantees
Any product guarantee or warranty that may be applicable will be provided to you by the suppliers who. You can find information about what guarantees or warranties each manufacturer may offer in respect of their products on the manufacturers website.
Price
All prices are stated in New Zealand dollars and include GST unless specifically stated otherwise.
Prices are confirmed at the time you confirm your order for payment at the end of the shopping cart process.
Purchases may incur delivery fees. These fees will be calculated and shown to you in the Forlongs shopping cart before you complete your purchase. We have a free delivery service for large items within our free delivery area - please see under the Services-Delivery section.
Orders using the Forlongs shopping cart
You can order and buy products at Forlongs with the Forlongs shopping cart.
Once an order has been placed and your payment has been processed, it can't be changed or cancelled by you. Please contact Forlongs with any queries about changes to orders.
Payment
The Forlongs shopping cart accepts VISA and MASTERCARD credit cards that have been issued by a New Zealand trading bank. All credit card transactions are charged in New Zealand dollars.
How it works
The Forlongs shopping cart is the only accepted payment method available at forlongs.co.nz.
Forlongs does not handle the payment transactions made on the Forlongs shopping cart directly. We use DPS Limited - a secure payment service provider whose online payment solution is both Visa AIS (Account Information Standard) and MasterCard SDP (Site Data Protection) (encompassed as PCI DSS - Payment Card Industry Data Security Standard) certified.
Your credit card is charged at the time you place your order (specifically when you confirm your order and authorise us to debit your credit card).
Delivery
Forlongs will only deliver within mainland New Zealand. You cannot specify a delivery address outside of New Zealand.
Delivery charges if applicable will appear in the Forlongs shopping cart once you have added your delivery address.
Delivery charges are calculated per item.
There may be times when additional delivery charges are required before we can accept your order. Forlongs will contact you directly to discuss the options. Payment of any additional delivery fees must be made directly to Forlongs. If you do not agree to the additional fees, you will have the option to cancel your order.
We always do our best to dispatch your order as soon as possible.
Returns and Cancellations
You will need to contact the Forlongs directly to return a product, or to see if you can cancel an order before it is delivered.
Community Services
All links to other websites are provided for convenience only. These links are not and shouldn't be taken as, an endorsement, approval, recommendation or preference by us of the owners or operators of those sites, or of any information, products or services referred to on those sites or otherwise posted on this website, unless specifically stated.
As part of the Community Services Forlongs customers may also take part in competitions and polls that may be on offer at certain times.
Your Responsibilities
You agree to comply with all laws and regulations applicable to your access and use of forlongs.co.nz. This means you agree to:
- follow our instructions when using Forlongs;
- not use Forlongs inappropriately or unreasonably - for example to send spam, message bombs, chain messages or abusive, defamatory, obscene, menacing or malicious messages, interfere with anyone's rights, publish any offensive, unlawful or actionable material, collect information about others, create a false identity, make a fake transactions, commit credit card fraud or transmit or upload material which breaches any third party right, any applicable laws or regulations or is likely to do so;
- use Forlongs only for lawful purposes, without affecting anyone else's use of Forlongs and only as reasonably intended;
- not act in a way or use or attempt to damage, interfere with or introduce anything (including, without limitation, any virus, robot, spider, scraper or other automated means to access this website or feature on it for any purpose) that in any way compromises Forlongs or any network or system underlying or connected to Forlongs;
- not use our website (or copy, scrape, systematically or automatically extract or otherwise use any information or other material from the website) for any commercial purpose other than to conduct a commercial transaction where this is offered to you as part of our services;
- ensure that everyone you are responsible for also meets these commitments and your other obligations under these Terms.
Consequences of your actions
Without limiting our other rights and remedies, we may, at our discretion:
- monitor your use of Forlongs and restrict access to any content that we consider to be inappropriate or in breach of any law, third party right or these terms but we are not obliged to or responsible for doing so;
- contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including, but not limited to, the uploading or e-mailing of any material in breach of these terms or any applicable laws);
- provide copies of any relevant material to the law enforcement authorities and also give them access to any personal data that is held by us and relate to the material supplied; and
- refuse to provide any further services to anyone who breaches these Terms.
Security
You are responsible for any activity which occurs on or through your membership account. It's important that you agree:
- to not permit any other person to use your password or account;
- keep secure and confidential any password or access code (such as a PIN)
- not to disclose to any other person your password or any other information that may allow them to gain access to your account; and
- to change your password immediately if you believe that your account may have been used without your authorisation.
Our Rights and Responsibilities
Intellectual Property
We (and our licensors, suppliers, retailers and/or advertisers listing on our website) own all proprietary and intellectual property rights in and to our website and material displayed here including, without limitation, text, images, graphics, layout, look-and-feel, the software, trade marks, trade names and other material underlying and forming part of our website and/or Forlongs.
You may not copy, distribute, alter or tamper with in anyway or otherwise use any material contained in our website except as set out in these terms. You are also not allowed to remove any copyright, trade mark or any other intellectual property notices from any material copied or printed from this website. All rights not expressly granted to you in these terms are reserved.
Ending or suspending any Services
We may at any time and without notice:
- change the format and content of our website and/or any products or services offered here;
- end (stop providing), suspend or restrict your access to any service we provide if you do not meet any responsibility you have to us or any other company (whether under these terms or otherwise); or
- terminate or suspend the operation of our website and/or the services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work, to update content or to protect our website or users of our website from suspected fraudulent or unauthorised activity), or permanently if we decide to stop providing some or all of our services.
This will not affect any rights and responsibilities which are intended to continue, or come into force after that date or event.
Disclaimers
We are not an agent of any other retailer or third party. We are not responsible for any transactions you may enter into through: your use of Forlongs; your participation in any promotions; or as a result of any dealings between you and anyone using Forlongs. To the fullest extent permitted by law, we disclaim any responsibility for, or liability related to, the products available on Forlongs. Any questions, complaints or claims should be directed to the appropriate retailer.
We are not responsible for ensuring that the information that you access or make available through using Forlongs will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to the our website or services. This is because the availability or quality of Forlongs may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions.
We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of Forlongs.
Liability
To the extent permitted by law, we exclude all warranties not expressly stated in these Terms. We exclude all other liability we or any of our suppliers, retailers, licensors, related companies, agents, officers, employees may have to you to the maximum extent permitted by law.
This exclusion applies whatever you are claiming for (whether for direct, indirect or consequential losses, loss of profits, loss of business, loss of data or otherwise) and in whatever way any liability might arise if it were not for this clause (including in contract, tort, equity or under statute).
Indemnity
Except where we have expressly accepted responsibility under these Terms, you will keep us protected against any legal action taken against us and pay us any costs, losses or expenses we incur in connection with your use of Forlongs or any failure to comply with these Terms.
Information about you
Personal information provided to us by you through your use of Forlongs is subject to our Privacy Policy, which forms part of these Terms.
You need to make sure that all information you give us is true, correct and complete. (Each time you provide information to us, you will be taken as confirming that you are authorised and capable of doing so).
Without limiting our Privacy Policy, you agree that we may at any time disclose your personal information including, without limitation, your name and contact details to the relevant authorities, parties and/or applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these Terms.
These Terms (including our Policies incorporated by reference) constitute the entire agreement, and supersede any other agreements or understandings (oral or written) between you and us with respect to the subject matter.
Any agent appointed by us may perform any of our obligations under these Terms and they, and our suppliers, retailers and licensors, and each of their respective officers, employees, contractors and agents will have the benefit of any term that is of benefit to us.
We may transfer this agreement or any benefit or obligation of it to any person including, but not limited to, our related companies (as defined under the Companies Act 1993) without notice to you. If we do transfer our obligations to another person (in which context we will be the transferor and the person we transfer the obligations to will be the transferee), the transferor will not be liable for, and you agree to discharge the transferor from liability for, any act or omission of the transferee arising in relation to these terms after that date. You may not transfer any benefit or obligation to any other person without our written consent.
Each parts of these Terms is separately binding. If for any reason any part cannot be relied on, all other parts remain binding.
You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of Forlongs or your experience with or any outcomes you may achieve through using Forlongs or the products and services available on Forlongs. You agree not to commence any proceeding directly or indirectly arising from any statement or representation not expressly recorded in these terms.
If we do not exercise or enforce any right available to us under these terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.