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Climbing Frames New Zealand Terms of Business

Introduction

Please read the Selwood Products Pty Ltd T/A Climbing Frames New Zealand Terms of Business carefully before using this website or purchasing from us. By accessing, using our website or purchasing from us you agree to be legally bound by these Terms and Conditions.

Buying Products on our Website

To order a product you will need to follow the ordering procedures. Details of Procedures, Products, Prices, Payment and Delivery are displayed on our website.

You will be given clear instructions on how to navigate our simple on-line order process and you shall be required to provide us with your accurate personal details. By completing all details on our order form, confirming your order and making payment you are consenting to our Terms and Conditions. If you have a comment concern or complaint about a product you have purchased from us, contact us via email at info@climbingframes.co.nz

Prices

All prices listed are in $NZD and are inclusive of GST. The delivery costs are clearly displayed and some items may also be subject to postcode area surcharges (such as rural deliveries) but will be clearly be displayed during checkout before you make payment.

All items sold at a discounted price from the RRP are limited to 1 product per customer.

We can change the advertised price of an item at any time. The price you pay will be the price in force at the time of your order and we do not price match on special offers & weekend specials that may arise after you have made your purchase. The price on your order will be validated by us as part of the acceptance procedure. We try to ensure prices displayed on our website are correct at all times.

Should a pricing error arise, we will inform you if a product's correct price is higher than that stated on your order and you can choose to either proceed with or cancel the order.

If you find the same product cheaper elsewhere, contact us and ask for a price match. We will always try to match the price of any identical product you find online subject to the product being in stock & available online, however we do not price match on accessories or from 3rd party websites such as eBay and Gumtree.

If you require a quote from us for insurance or funding purposes, please note that these quotes will remain valid for 2 weeks only unless approved otherwise and does not hold the stock.

Layby Sale Price

All prices listed are in $NZD and are inclusive of GST. Delivery costs can vary per product and for each postcode but will be clearly displayed during checkout before you make payment. Items listed on "layby" are normally not physically in New Zealand. These products are normally being manufactured or imported to order and are subject to an extended period before delivery due to this. In return the layby Sale prices often represent savings over normal product prices. See cancellations for information on terms relating to layby sales.

As we manufacture and import stock based on the layby we receive, you must pay your final balance on or by the due date specified on your invoice. We cannot extend the final payment date nor hold any layby stock items in our warehouse. If you fail to make your final payment on the due date, a further $50.00 fee will be applied to your final payment. Climbing Frames New Zealand is entitled to cancel a layby at our discretion.

NB: All layby orders selected for our pre-Xmas delivery will be delivered by the end of November/early December otherwise we cannot guarantee a pre-Xmas delivery.

Package-Deal Prices

All package deal prices are only available when purchasing the products together. Package Deal prices are not available on items purchased individually. If you choose to cancel and return a package deal, the whole order must be returned, you cannot keep only one item of a multi-item order.

Payment

Payment is usually by credit or debit card and is taken when the order is placed in line with the price featured at the time of purchase and any Climbing Frames New Zealand.

You undertake that all details you provide to us for the purpose of purchasing products or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products or services. As our online credit card payments are processed through a global account, please note credit card fees may apply – please check with your provider.  We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any products or services.

Terms of Business Applicable Delivery Charges

This is to protect us from card fraud. Climbing Frames New Zealand is entitled to refuse any order placed at our discretion. If your order is accepted, we will confirm acceptance to you by online electronic means to the email address you have given us during the order process. The order will then be fulfilled within 14 days unless we advertised the item being out of stock or you have purchased a layby item. If you do not receive a confirmation email, please contact us to ensure your order has been accepted.

You undertake that all details you provide to us for the purpose of purchasing products or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products or services. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any products or services.

You can pay for your shopping in a number of ways, whether it is on-line or over the telephone. We accept MasterCard, Visa, Switch, Solo, Delta or Maestro. On-line and telephone order payment is processed via our secure payment system.

Availability

All products depicted on this website (as may be varied from time to time) are available for delivery almost everywhere in mainland New Zealand. All products are subject to availability.

If the product you order is unavailable we will inform you. In the event that we are unable to supply the product to you, we shall notify you as soon as possible and shall offer an alternative or reimburse your payment in full (at our discretion). We reserve the right not to supply you at our discretion.

Arranging and Anticipating Delivery or Collection

Postcode areas will incur a delivery charge. You will be informed of these additional charges before you make payment. For further information regarding delivery please contact our customer services team. Deliveries usually take 5 - 10 working days but can take up to 21 working days in rural areas. Please note, we cannot hold off deliveries once an order has been placed.

Due to the nature of contract delivery, any additional postcode surcharges are outside our control and Climbing Frames New Zealand will not be held responsible for such costs. By agreeing to the Terms and Conditions you are also agreeing to accept additional delivery charges should your postcode/area necessitate this. You are also agreeing to be bound by all terms and conditions stated in our shipping documents.

Our deliveries are classified as a 1 man, curbside (assistance required) delivery and assistance will be required on delivery due to the bulky nature of the goods. 

A tailgate delivery means and describes for sake of doubt a scenario where the consumer is not required to assist a driver unload at road side or assist in the carrying of boxes to a destination to the front of the house where a pallet truck and or trolley can freely and safely travel. Our equipment is designed to work on hard concrete or tarmac surfaces - it cannot go to rear of properties or in grass, mud or tracks.

Some postcode areas may also incur an additional delivery charge due to remoteness or accessibility restrictions. You will be informed of any additional charges during checkout before you make payment. For further information regarding delivery please contact our customer services team. Non-Mainland destinations and some remote mainland areas are not Next Day Delivery due to remoteness or accessibility restrictions.

Please note, in some rural areas you may be required to pick up from your closest delivery depot or central pick up point. Please call our office on 0800 107 793 for further information on depot collections.

Please note we cannot hold stock in our Christchurch depot. Once you have made your payment, if your goods are being shipped to a nominated depot they must be collected within 4 working days of the depot notifying you that the goods have arrived or storage fees will apply at a minimum of $10/day. If you do not make contact with the depot or us regarding your collection your order will automatically be cancelled and the stock returned to our warehouse.

 

The address details for all depots: Local Pick-up Points

If you have damaged or missing parts, we reserve the right to send to the collection depot for pick up.

Due to the bulkiness of the goods and as we deliver via courier, we cannot deliver to a PO Box. A street address must be provided at the time of placing your order.

Any times or dates stated on our website or confirmation emails regarding deliveries are estimates only. Climbing Frames New Zealand attempts to deliver within 14 days but does not accept liability for any failure to deliver within that time. Orders received on Saturdays, Sundays or public holidays and orders received after 12pm on weekdays, will be processed the next working day. Our delivery service does not include delivery on Saturdays, Sundays or public holidays.

Whilst we agree to use all reasonable endeavours to ensure that delivery is made on the day offered, you will acknowledge that delivery is made via third party suppliers and is therefore beyond our control. We therefore cannot accept responsibility for any personal costs incurred for delays or missed deliveries. Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including postcode of the delivery address and your daytime contact telephone numbers and e-mail address so we can notify you in the event of a delivery problem.

When the Delivery arrives

Delivery will be deemed as successfully made once the product has arrived at the address specified and either a POD has been signed for by an adult aged 18 years or more or on occasion at peak times the courier can make the decision to leave the goods at your premises.

Should delivery be refused at the delivery address (for any reason other than damages/missing items), and re-requested for another date, we may charge for the second delivery, since we met our delivery obligations with the initial delivery attempt. It is the recipient's responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Shortages and damages must be noted on the consignment note. If products arrive in a damaged condition you must make a note on the carrier's delivery consignment note and inform us within 24 hours of the delivery.

Deliveries will often consist of multiple items. You should notify us of the shortages within 7 days of delivery. If boxes look damaged on delivery we recommend clearly marking the POD as "damaged". Often it will only be the outer carton that is damage and the wood included will be fine so we would normally advise to accept the delivery; however it is within your rights to reject the delivery. We request that you either accept or reject the whole consignment. Please contact us whilst the delivery driver is with you if you are unsure of what to do.

You have 30 days to report missing or damaged parts from your product and we advise that if have hired an installer that you check through all the parts prior to the installer arriving. We cannot be held responsible for any installer charges.

Please ensure all parts are checked off as per the manual before you make a claim and prior to booking an installer. Products will be deemed your responsibility once they have been accepted by you, your agent or the intended recipient. Any loss or damage to the Products shall then be at your own risk.

Terms of Business - Wooden Flat Pack Products/ Metal/Plastic Flat Pack Products (Distance Selling Regulations)

Our wooden flat-pack products including climbing frames, playsets, swingsets, playhouses and sandpits are exempt from Distance Selling Regulations - Regulation 13 (c) and the right to cancel goods which "by their nature cannot be returned. The construction process involves drilling and screwing into wooden components which makes irreparable and permanent damage unavoidable. This does not affect the safety or structural integrity of the products, but does affect your rights to return the item. Due to the fact it is impossible and unavoidable to construct the item without causing irreparable damage we request that you carefully inspect the item before beginning the assembly process. You should contact us with any concerns immediately as we will not be able to accept and fully refund a returned product that has been assembled or part assembled.  Our plastic/metal flat-pack products including trampolines, accessories and some other plastic/metal items are fully covered by the Distance Selling Regulations. This does not affect your other statutory rights.

Cancellations & Order Changes

We endeavour to provide the best Customer Service possible. Should anything go wrong, you have missing or damaged items, we will make every effort to resolve the issue quickly. However, should the problem be unsolvable or you prefer to amend or Cancel your Order, please email us. 

You may cancel your order at any point up to the delivery day. If you cancel your order via telephone your order will be put on hold until we receive written confirmation of the cancellation. You must confirm your wish to cancel the order in writing via email, fax or post. Your order will not be considered cancelled until notification in writing is received. Charges will be incurred upon dispatch of your order so if you have concerns or wish to cancel we request you contact us before the goods are dispatched for delivery.

Please note it is your responsibility to return the goods to us at your cost. If you wish we can arrange for our third party courier to collect the goods from you, but it will be your responsibility to cover these costs. Your refund will be processed within 30 days of receiving your cancellation confirmation.

If you change an order before it has dispatched, this will incur an admin fee of $25.00.

Layby Cancellation

Products offered on layby are often being manufactured or imported in the New Zealand to order so cancellation of a layby item will mean you lose your initial deposit. We reserve the right to cancel a layby where we have made repeated contact with the customer for the final payment as we cannot hold stock indefinitely in our warehouse.

Returns

30kg+ (Oversized) products
These items are covered by our 7 day "No-quibble" returns policy. Should you take delivery and change your mind about the product any time up to 7 days from delivery please inform us and we will arrange to collect the item and refund your payment. The "No Quibble" return is subject to the following conditions: The refund will be subject to a reduction costs incurred by us for the collection, the items must be returned unused, in original packaging and be fit for resale. You have a duty to take reasonable care of goods so damages or missing items will be chargeable and any replacement costs will be deducted from the refunded amount.

Sub 30kg products
These items are subject to our standard 7 day returns policy. We cannot arrange collection of sub 30kg items but these can be returned to the following address: Hunter Self Storage 1C Box Rd, CARINGBAH  NSW  2229.

We strongly recommend that these items are sent insured and with a signed for (proof of delivery) service because we cannot accept liability for items "lost in the post". Once received in unused condition, in original packaging and fit for resale as new we will issue a full refund. You must notify us of your wish to cancel the order within 7 days, and the item(s) must be returned within 14 days.

We do not accept any returns (oversized or sub 30kg) without notification. Please contact to notify of the return and request collection for oversized items. Items returned without notification may not be accepted. Any items returned that have damaged caused through lack or care or attempted build and disassemble will be subject to charges for repairs/replacements.

Warranty

All wood carries either a ten (10) year or five (5) year warranty against rot, decay & termite infestation however regular maintenance is required to assure maximum life and performance of this product. The Climbing Frames requires a sealant to be applied 6 weeks after installation then once a year at minimum as per the manual instructions and as part of your warranty conditions, failure by the owner to maintain the product according to the maintenance requirements may void this warranty. There is a 1 (one) year warranty for all plastic and metal components.

Please note that if you on-sell your product to another party all warranty is null and void.

Installation

We sell flat pack products, designed for DIY home build. We provide an illustrated manual which guides you through your build step-by-step. If you wish to use a third party installer we advise checking to ensure all parts and components are present. Whilst we make every effort to ensure all sets are complete, on occasion there may be shortages, losses or damages that happen during packing, shipping, picking or delivery. We will always replace missing or damaged components, but require notice to be able to get them to you. We cannot be held liable for costs incurred if you chose to use a third party who cannot complete the build because of missing/damaged parts.

Maintenance

As per the warranty of our products, regular maintenance is required. Once the frame is installed a water based sealant must be applied six (6) weeks after, then once or twice a year after that depending on your locations weather conditions. All bolts and screws should be checked and tightened regularly to maintain the longevity of the frame. A light sand and re-stain may also be needed as wood is a natural product and each piece may react differently to climate changes. Should any wood or hardware be replaced under warranty, please note that we supply the goods only and no labour will be provided.

Maintenance Instructions:

At the beginning of each play season:

·         Tighten all hardware.

·         Lubricate all metallic moving parts per manufacturer's instructions.

·         Check all moving parts including swing seats, ropes, cables, and chains for wear, rust, or other deterioration. Replace as needed.

·         Check metal parts for rust. If found, sand a repaint using a non Lead-based paint meeting the requirements of 16 CFR 1303

·         Check all wood members for splinters. Sand down splinters if need be.

·         Reinstall any plastic parts, such as swing seats or any other items that were removed for the cold season.

·         Rake and check depth of loose fill protective surfacing materials to prevent compaction and to maintain appropriate depth. Replace as necessary.

·         Maintain the safety area around the play equipment by making sure surfaces are kept leveled and clear of any obstructions.

At the end of each play season or when the temperature drops below 0'C:

·         Remove plastic swing seats and other items as specified by the manufacturer and take indoors.

·         Rake and check depth of loose fill protective surfacing materials to prevent compaction and to maintain appropriate depth. Replace as necessary.

 

Returns

You may cancel your order and return the product at any point up to 7 days after delivery (starting the day following the delivery day). Please note it is your responsibility to return the good to us at your cost. If you wish we can arrange for our third party courier to collect the goods from you, but it will be your responsibility to cover these costs.

We request that you contact us before returning goods so we can provide the correct returns address and notify our warehouse to expect the return. We also advise, for your security, that you return goods on a registered or signed for service as we cannot accept responsibility for lost items. We also advise to insure the high value items against damages as we cannot be held liable for transportation damages incurred. If a returned product is damaged or contains missing parts we may claim against you for a breach of your statutory duty to take reasonable care of the product.

Taking reasonable care of the goods

You agree to take reasonable care of the goods from the time that they are delivered to you until the time that the returned items are accepted by us. Examples of a failure to take reasonable care of goods may include if you use the goods, if you assemble or part assemble the goods causing irreparable damage, if you destroy the goods original packaging, or if you unnecessarily damage or loose component parts. If your failure to take reasonable care of the goods means that they are damaged through abuse, misuse or attempted construction we may claim against you for a breach of your statutory duty.

If the goods are damaged whilst in your care (including damage caused in assembling or disassembling the goods), if you fail to return all part or all of the goods, you agree that we may withhold payment of the refund up to the value of the cost to replace the missing or damaged components.

Refunds

Refunds will be processed back onto the card used to purchase the product(s). All refunds of goods included in our 7 day "No-quibble" returns policy will be subject to a reduction equivalent to the costs incurred by us to arrange the delivery and make the collection, and will be subject to further deductions if you are not deemed to have taken reasonable care of the goods – please refer to the section above for further information regarding your duty to take reasonable care of products in your possession. Where exchange rates of currency are involved, the refund will be made in $AUD at the current exchange rate. We do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of ordering and the time of issuing the refund. These terms do not affect your statutory rights.

Refunds will normally be made as a reverse of the payment used for originally making the purchase. We reserve the right to refund by an alternative method if more appropriate at the time of cancellation/refund.

Notices

All notices shall be given:

To us via email:

info@climbingframes.co.nz

info@selwood.com

To us via post:

Climbing Frames New Zealand

Unit 6/168 - 180 Victoria Rd MARRICKVILLE  NSW  2204

Selwood Products Pty Ltd

Unit 6/168 - 180 Victoria Rd MARRICKVILLE  NSW  2204

Modifications to Website

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it at any time.

Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions. Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies. These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and/or sale of the Products.

Competitions

To be included in the competition to win a 100% refund the reviews must be entered before midnight on 15th March 2017.

Customers will be entered into the draw once, even if they submit multiple reviews. Reviews must include an image to be entered into the competition.

Reviews should be submitted via our web page Submit Review.

Reviews are manually checked and verified before being posted live. The 100% refund will be for the purchase price of the item (not delivery charges). This will be refunded directly to the original purchaser using the original payment method. Entries are accepted from customers who have purchased from Selwood Products Pty Ltd (includes customers from New Zealand & Australia ).

Nature of our Website

Our website is a place for you to select and order garden, home and leisure products (the "Products"). Our website describes the Products in more detail.

Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website. If you do not qualify you may not use our website.

Liability

Under law, we are obliged to meet the following obligations for any Product you purchase from our website:

We own the title and have the right to sell the Product to you

The Product will correspond with the description we have given The Product will be of satisfactory quality The Product is fit for purpose

Terms of Business

We also promise that any service we provide to you will be provided with reasonable skill and care. Subject to our Delivery statements, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permissible by applicable law.

Information You Provide to Us

The following applies to any information you provide to us, for example during the registration or ordering process.

You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, subcontractors or other third parties (together our "Partner Companies").

If you obtain or choose to buy Products from our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you. All such information collected by us shall be referred to in these Terms and Conditions as "Personal Information".

You must ensure that the Personal Information you provide is accurate and complete and that all Ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy. By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at info@climbingframes.co.nz 

The following applies to all messages, emails, ideas, suggestions, concepts and other material submitted by you to us ("Content"):

You must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice.