TERMS AND CONDITIONS OF TRADE

RETURNS

  1. All returns  If there is no receipt of delivery, the date shall be assumed to be 3 business days from the date of dispatch.
  2. Where a product is within the 5 day period and a refund is requested, Smooch Collection Ltd.will provide a credit of the original product purchase price for a maximum time frame of 6 months. The following fees and/or charges will not be reimbursed:
    • Delivery charges from Smooch and the Cost to return the product to Smooch

Where delivery to the customer was free of charge based on minimum spend, and the customer would like to return the goods, the customer is liable for freight both ways (as above) at the applicable rate.

  1. Orders cancelled after the goods have been ordered and dispatched will only be issued an in store credit as all goods are specially ordered from the manufacturer
  2. Returned goods must be in their original packaging with all accessories, and be in original condition for inspection by Smooch Collection Ltd. To determine the fault and offer a solution suggestion to remedy the complaint.
  3. Where an item is found to be faulty, Smooch Collection Ltd.will provide a replacement along with the necessary service and support until made good.
  4. Where the customer elects to receive a refund instead of a replacement, the reimbursed amount will be as outlined in Section 2.
  5. Smooch Collection Ltd.reserves the right to charge a 20% restocking fee to return Commercial and retail residential
  6. Smooch Collection Ltd.reserves the rights to make changes to these terms and conditions without notice.

Definitions

  1. “Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
  2. “Goods” means all Goods or Services supplied by Smooch Collection Ltd. to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
  3. “Price” means the Price payable for the Goods as agreed between Smooch Collection Ltd.and the client

Acceptance

  1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.
  2. These terms and conditions may only be amended with Smooch’s  consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Smooch Collection Ltd. None of Smooch Collection Ltd.Collection agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of Smooch Collection Ltd. in writing nor is Smooch Collection Ltd.bound by any such unauthorised statements.

The Client acknowledges and accepts that:

  1. the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, Smooch Collection Ltd. reserves the right to vary the Price with alternative Goods as per clause 5.2.

Smooch Collection Ltd. also, reserves the right to halt all Services until such time as Smooch Collection Ltd. and the Client agree to such changes; and

  1. for Goods that are specifically designed to have a weathered and/or aged look, will be accepted on the condition that the distressed and/or aged finish shall not at any time constitute damaged or defective Goods and will not be grounds for a return.

Authorised Representatives

  1. Unless otherwise limited as per clause 3.2 the Client agrees that should the Client introduce any third party to

Smooch Collection Ltd. as the Client’s duly authorised, representative, that once introduced that person shall have the full authority of the Client to order any materials or Services on the Client’s behalf and/or to request any variation to the works on the Client’s behalf (such authority to continue until all requested works have been completed or the Client otherwise notifies Smooch Collection Ltd. in writing that said person is no longer the Client’s duly authorised representative).

  1. In the event that the Client’s duly authorised representative as per clause 3.1 is to have only limited authority to act on the Client’s behalf then the Client must specifically and clearly advise Smooch Collection Ltd. in writing of the parameters of the limited authority granted to their representative.
  2. The Client specifically acknowledges and accepts that they will be solely liable to Smooch Collection Ltd.  for all additional costs incurred by Smooch Collection Ltd. (including Smooch Collection Ltd.’profit margin) in providing any works, Materials, Services or variation/s requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 3.2 (if any)).

Change in Control

  1. The Client shall give Smooch Collection Ltd. not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Smooch

As a result of the Client’s failure to comply with this clause.

Price in Payment

  1. At Smooch Collection Ltd.our sole discretion the Price shall be either: as indicated on any invoice provided by Smooch Collection Ltd. to the Client; or the Price as at the date of delivery of the Goods according to Smooch Collection Ltd. current price list; or Smooch Collection Ltd.

Quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-one (21) days. Smooch Collection Ltd. reserves the right to change the Price in the event of a variation to Smooch Collection Ltd.quotation. Any variation from the plan of scheduled Services or specifications (including, but not limited to, in the event that overseas transactions increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges or as a result of increases to Smooch Collection Ltd.in the cost of the Goods) will be detailed in writing and charged for on the basis of Smooch Collection Ltd.quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

  1. Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined prior to dispatch of the Goods;
  2. delivery of the Goods;  for certain approved Clients, due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
  3. the date specified on any invoice or another form as being the date for payment; or
  4. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by

Smooch

  1. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by any other method as agreed to between the Client and

Smooch

  1. Unless otherwise stated the Price does not include GST. In addition to thePrice the Client must pay to Smooch Collection Ltd.an amount equal to any GST Smooch Collection Ltd.must pay for any supply by Smooch Collection Ltd.under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Delivery of Goods

Smooch Collection Ltd.the sole discretion the cost of delivery is in addition to the Price. The Client must take delivery of receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Smooch Collection Ltd.shall be entitled to charge a reasonable fee for redelivery and/or storage.

Smooch Collection Ltd.may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions of these terms and conditions

  1. Any time or date is given by Smooch Collection Ltd.to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and Smooch Collection Ltd.will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
  2. Risk
    1. The risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
    2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Smooch Collection Ltd.is entitled to full payment of the Goods and receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Smooch Collection Ltd.is sufficient evidence of Smooch Collection Ltd.rights to receive the insurance proceeds without the need for any person dealing with Smooch Collection Ltd.to make further enquiries.
    3. If the Client requests Smooch Collection Ltd.to leave Goods outside Smooch Collection Ltd.premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
    4. The Client acknowledges that variations of colour and shade are inherent in all products. While every effort will be taken by Smooch Collection Ltd.to match colour and shade of the Goods, Smooch Collection Ltd.shall not be liable for any loss, damage or costs, howsoever arising resulting from any variation in colour and shading between batches of the Goods or sale samples and the final Goods supplied.

Smooch Collection Ltd. shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client.  The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs, however, resulting from these inaccurate plans, specifications or other information.

Title

Smooch Collection Ltd.and the Client agree that ownership of the Goods shall not pass until:

  1. the Client has paid Smooch Collection Ltd.all amounts owing to Smooch Collection Ltd.and
  2. the Client has met all of its other obligations.
  3. Receipt by Smooch Collection Ltd. of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
  4. It is further agreed that:
    1. until ownership of the Goods passes to the Client in accordance with clause 8.1 that the Client is only a bailee of the Goods and must return the Goods to Smooch Collection Ltd.on request.
    2. the Client holds the benefit of the Client’s insurance of the Goods on trust for Smooch Collection Ltd.and must pay to Smooch Collection Ltd.the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
    3. the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Smooch Collection Ltd.and must pay or deliver the proceeds to Smooch Collection Ltd.on demand.
    4. the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Smooch Collection Ltd.and must sell, dispose of or return the resulting product to Smooch Collection Ltd.as it so directs.
    5. the Client irrevocably authorises Smooch Collection Ltd.to enter any premises where Smooch Collection Ltd.believes the Goods are kept and recover possession of the Goods.
  1. Smooch Collection Ltd.may recover possession of any Goods in transit whether or not delivery has occurred.
    1. the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Smooch, Smooch Collection Ltd. may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
  2. Personal Property Securities Act 1999 (“PPSA”)
    1. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
      1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and
      2. a security interest is taken in all Goods previously supplied by Smooch Collection Ltd.to the Client (if any) and all Goods that will be supplied in the future by

​ ​Smooch Collection Ltd.to the Client.

  1. The Client undertakes to:
    1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Smooch Collection Ltd.may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
    2. indemnify, and upon demand reimburse, Smooch Collection Ltd.for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
    3. not register a financing change statement or a change demand without the prior written consent of Smooch; and
    4. immediately advise Smooch Collection Ltd.of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
  1. Smooch Collection Ltd.and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
  2. The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
  3. Unless otherwise agreed to in writing by Smooch, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
  4. The Client shall unconditionally ratify any actions taken by Smooch Collection Ltd.under clauses 9.1 to 9.5.
  1. Security and Charge
    1. In consideration of Smooch Collection Ltd.agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    2. The Client indemnifies Smooch Collection Ltd.from and against all Smooch Collection Ltd.costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Smooch Collection Ltd.rights under this clause.
  2. The Client irrevocably appoints Smooch Collection Ltd.and each director of  Smooch Collection Ltd.as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Client’s behalf.
  3. Client’s Disclaimer
    1. The Client hereby disclaims any right to rescind, or cancel any contract with Smooch Collection Ltd.or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by Smooch Collection Ltd.and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgment.
  4. Defects
    1. The Client shall inspect the Goods on delivery and shall within twenty-four (24) hours of delivery (time being of the essence) notify Smooch Collection Ltd.of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. Any freight damage is to be noted on receipt of Goods on the carrier dockets and the Client agrees to make any claim in respect of damage in transit direct to the carrier. The Client shall afford Smooch Collection Ltd.an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Smooch Collection Ltd.has agreed in writing that the Client is entitled to reject, Smooch Collection Ltd.liability is limited to either (at Smooch Collection Ltd.discretion) replacing the Goods or repairing the Goods.
  5. Returns
    1. Returns will only be accepted provided that:
      1. the Client has complied with the provisions of clause 12.1; and  Smooch
      2. has agreed in writing to accept the return of the Goods;
      3. and the Goods are returned at the Client’s cost within seven (7) days of the delivery date; and

Smooch

​ ​will not be liable for Goods which have not been stored or used in a proper manner; and

  1. The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

Smooch

  1. may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Goods plus any freight.
  2. Non-stocklist items or Goods made to the Client’s specifications are under no circumstances acceptable for credit or return.
  1. Warranty

    1. For Goods not manufactured by Smooch, the warranty shall be the current warranty provided by the manufacturer of the Goods. Smooch Collection Ltd.shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

Smooch Collection Ltd.will is not liable to repair any defective Goods and at its own discretion may: notify the manufacturers of the Goods of any defect notified by the Client; and request the manufacturers to repair or replace any defective Goods.

  1. Consumer Guarantees Act 1993
    1. If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by Smooch Collection Ltd.to the Client.
  2. Default and Consequences of Default Interest
  1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Smooch Collection Ltd.sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
  2. If the Client owes Smooch Collection Ltd.any money the Client shall indemnify Smooch Collection Ltd.from and against all costs and disbursements incurred by

​ ​

Smooch Collection Ltd.in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Smooch Collection Ltd.collection agency costs, and bank dishonour fees).

  1. Without prejudice to any other remedies, Smooch Collection Ltd.mayhave, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Smooch Collection Ltd.may suspend or terminate the supply of Goods to the Client. Smooch Collection Ltd.will not be liable to the Client for any loss or damage the Client suffers becauseSmooch Collection Ltd.has exercised its rights under this clause.
  2. Without prejudice to Smooch Collection Ltd.other remedies at law Smooch

​ ​

Shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Smooch Collection Ltd.shall, whether or not due for payment, become immediately payable if:

  1. any money payable to Smooch Collection Ltd.becomes overdue, or in Smooch Collection Ltd.opinion the Client will be unable to make a payment when it falls due;
  2. the Client becomes insolvent, convenes a meeting of its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
  1. Cancellation

  2. Smooch may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Smooch Collection Ltd.shall repay to the Client any money paid by the Client for the Goods. Smooch Collection Ltd.shall is not liable for any loss or damage whatsoever arising from such cancellation.
  3. In the event that the Client cancels delivery ofGoods the Client shall be liable for any and all loss incurred (whether direct or indirect) by Smooch Collection Ltd.as a direct result of the cancellation (including, but not limited to, any loss of profits).
  4. Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
  5. Privacy Act 1993
    1. The Client author Smooch Collection Ltd.or Smooch Collection Ltd.agent to:
      1. access, collect, retain and use any information about the Client; (including any overdue fines balance information held by the Ministry of Justice) for the
        1. purpose of assessing the Client’s creditworthiness; or
        2. for the purpose of marketing products and services to the Client.
      2. Disclose information about the Client, whether collected bySmooch Collection Ltd.from the Client directly or obtained by  Smooch
      3. from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
    2. Where the Client is an individual the authorities under clause 19.1 are authorities or consents for the purposes of the Privacy Act 1993.
    3. The Client shall have the right to request Smooch Collection Ltd.for a copy of the information about the Client retained by Smooch Collection Ltd.and the right to request Smooch Collection Ltd.to correct any incorrect information about the Client held by Smooch.
  6. Force Majeure
    1. Where Smooch Collection Ltd.or the Client is either wholly or in part is unable by reason of, an Act of God, strike, lockout, or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental restraint or embargo, unavailability or delay in availability of Goods, or transport, inability or delay in obtaining government approvals, or any other cause which is not reasonably within the control of the affected party (i.e. a force majeure event), to carry out any obligation under this agreement and that party:
      1. gives the other party prompt notice of that force majeure with full particulars of the probable extent to which it will be unable to perform, or be delayed in performing its obligations under this agreement; and
      2. uses all possible diligence to remove that force majeure as soon as possible; then those obligations shall be suspended so far as it is affected by the force majeure event and during its continuance provided that;
      3. an obligation to pay money is never excused by force majeure; and
      4. the requirement that any force majeure event shall be removed with all possible diligence shall not require the settlement of strikes, lockouts, or other labour disputes, or claims or demands by any government,on terms contrary to the wishes of the party affected.
    2. General
      1. The failure by Smooch Collection Ltd.to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Smooch Collection Ltd.right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
      2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

Smooch Collection Ltd.shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Smooch Collection Ltd.of these terms and conditions.

  1. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Smooch Collection Ltd.nor to withhold payment of any invoice because part of that invoice is in dispute.
  1. Smooch may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
  2. The Client agrees that Smooch Collection Ltd.may amend these terms and conditions at any time. If Smooch Collection Ltd.makes a change to these terms and conditions, then that change will take effect from the date on which Smooch Collection Ltd.notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Smooch Collection Ltd.to provide Goods to the Client.
  3. The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

 

PRIVACY POLICY

Your privacy is very important to Smooch Collection Ltd.With that in mind, we have established and implemented information handling practices that we believe are consistent with the highest standards and best practices of organisations doing business on the Internet. This privacy policy describes the practices that apply to our site, including, specifically, the information we collect about you, when and how we collect that information and what may happen to that information.

  • we will not collect personally identifiable information like your name, e-mail and mailing address and telephone number (“Personal Information”) without your knowledge and permission;
  • we will not disclose your Personal Information to third parties unless you have authorised us to do so;
  • we will take reasonable steps to protect the security of the Personal Information we collect from you.

PERSONAL INFORMATION

Smooch Collection Ltd.does not collect personally identifiable information on our websites, such as your name, address, e-mail address or telephone number, without your knowledge. Such information is collected only when you knowingly and voluntarily submit it to us (as, for example, when you contact us via e-mail). Smooch

uses such voluntarily submitted information for the purposes for which it was submitted.

When you place an order Smooch Collection Ltd.will ask you to provide certain information about yourself, such as your name, mailing address, or e-mail address. The personal information you submit when placing your order is treated as confidential. We use this information to process your transaction, and we share the information with Visa, Mastercard, Paypal etc. in order to process your order.

CARING FOR SMOOCH FURNITURE

General

Tighten all screws, nuts and bolts after two weeks use, then periodically to prevent any movement that could cause damage.

Chair bungs and table frame glides or bungs to be replaced when worn or missing.

Clean all furniture regularly with clean warm water. Do not use abrasive cleaners.

Bar Stools
If your Bar Stool establishes a wobble. Watch your rubber rings under the round bases and make sure the Little plastic feet under the star bases are fixed in ok. All seats should not be knocking the bench top too much or it will cause breaking of the Pu coverings. Keep out of direct sunlight or can purchase covers for the bar stools that fit over the seat tops. Make sure the gas shocks are used regularly so that keep free and easily adjustable
Sofa Beds.
Make sure your sofa bed is regularly cleaned and kept away from sharp objects
Call us if you require any new covers or fabrics as we can sell replacement covers if damaged.

The customer understands that;

1. All items sold at discount are non-refundable and have a 1-year warranty. or in-store credit note can be issued subject to the seller’s discretion.

2. All purchases that are subject to a back order can incur delays in shipping and manufacture inconsistencies beyond our control.

3. All risk is on the purchaser once the product is delivered.

4. All freight charged is “to the door only” and does not include any internal positioning, HSE and insurance requirements prevent us from entering.

5. A suitably fit person is required at the delivery address to assist the driver, Smooch is not liable for any injuries incurred.

6. Freight is arranged by Smooch as a courtesy. If these costs differ significantly Smooch will issue an invoice to recoup these costs.