Online Customer

freedom Online Customer Terms & Conditions

The freedom Online Order System is operated by Steinhoff Asia Pacific Limited ACN 051 493 764 trading as freedom 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 Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) (“Order”).

To view our Privacy Policy, click here.

1. Acceptance of terms & conditions

By viewing, using, accessing, browsing, or submitting any content or material on the freedom Online Order System, you agree to these Online Customer Terms & Conditions, our Privacy Policy, and our Website Terms & Conditions of Use (collectively our “Terms & Conditions”) as a binding legal agreement between you and freedom.

If you do not agree to these Terms & Conditions, then you may not use the freedom Online Order System.

2. Use of the freedom online order system

The freedom Online Order System is only for purchase and delivery of freedom products within New Zealand. Not all products can be purchased online. By registering for the freedom Online Order System, you warrant to us that you are at least eighteen years old. You must keep secure any means of identification that we provide to you in order to access the freedom Online Order System. freedom takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties. You are responsible for all use of the freedom Online Order System, and all transactions entered into by means of the freedom Online Order System, using this user identification.

You agree to comply with freedom’s Website Terms & Conditions of Use available here. You further agree:

  1. not to use the freedom Online Order System for any commercial or re-supply purposes;
  2. not to access the freedom Online Order System using a third-party's account/registration without the express consent of the account holder;
  3. not to use the freedom Online Order System for illegal purposes;
  4. not to commit any acts of infringement on the freedom Online Order System or with respect to content on the freedom Online Order System;
  5. not to copy any content, for republication in print or online or any other purpose;
  6. 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.

3. Orders

freedom reserves the right at our absolute discretion to decline or accept Orders made through the freedom Online Order System. Any automatic acknowledgements for such Orders are contingent on our view of any risks, potential delays, or other issues that may arise that are beyond the control of freedom Online Order System. 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.

4. Pricing and Payment

We reserve the right to adjust prices as necessary, without notice. Full payment for products must be made at the time you place your Order.

5. Storage

You must collect or take delivery of the products within 14 days from the day that we notify you that they are available. If you fail to do so, freedom may charge reasonable storage fees per delivery per week and/or cancel your Order.

6. Delivery

Delivery charges and estimated dates will depend on where your product is being delivered. Delivery charges and estimated date of delivery will depend on where your order is being delivered to. Products purchased on-line can only be delivered within New Zealand.

You must ensure correct delivery address and access details are provided to us. We will use all reasonable endeavors to meet the estimated delivery date. Under the New Zealand Consumer Guarantees Act 1993 ("Consumer Law"), we have a statutory obligation to deliver goods within a reasonable time. So long as the goods are delivered within a reasonable time, you agree that freedom is not and will not be liable for any loss or damage, however it may arise, if the products are not delivered by the estimated delivery date. Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. If delivery cannot be made because an appropriate person is not present, a card will be left and you are responsible for arranging collection from the address identified on the card or booking a new delivery.

7. Risk

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.

8. Advice and technical information

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 only.

9. Privacy

freedom is fully committed to respecting your privacy. For a more detailed view of our Privacy Policy, click here.

10. freedom Warranty and Consumer Guarantees

freedom provides this warranty for its products that have been purchased in New Zealand. This Warranty is subject to the Consumer Law. The Warranty period commences from the date of collection or delivery:

  • 10 years for frames for sofas, daybeds, chaise, armchairs and recliners;
  • 2 years for furniture (including upholstery furniture coverings, foam, and recliner mechanisms), pendant lights and any other product which freedom identifies in writing as attaching this Warranty; and
  • 1 year for all other products.

This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. This Warranty is not transferable and does not cover products used for commercial purposes. This Warranty does not cover finishing (including stitching, glue, nails, tacks).

Where freedom Warranty does not apply

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 your attention before you purchased the products.

In addition, this Warranty will not apply if:

  • Repairs to a product are made or attempted by a service provider other than one approved by freedom.
  • The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
  • 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 extreme heat (including fire) or cold, not maintained properly or used after partial failure.
  • The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
  • The product is tampered with in any way.
  • The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.

Additional rights under Consumer Law

In addition to the freedom Warranty, our products come with statutory consumer guarantees that cannot be excluded. The rights afforded to you by these guarantees are separate to your rights under the Warranty. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. To the extent that they are compatible with the Consumer Law, the exclusions and provisos that apply to the Warranty apply to these guarantees.

Consumer guarantee remedies

If there is a major failure with the product, you are entitled to:

  • reject the product and get a refund;
  • reject the product and get an identical replacement, or one similar in value if reasonably available; or
  • keep the product and obtain compensation for the drop in value of the product caused by the major failure.   

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

  • a refund of the cost of the product;
  • replacement of the product; or
  • have the product repaired within a reasonable time.

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 and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the 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. If the customer acquires a product in trade, the customer agrees that the Consumer Law does not apply in accordance with section 43(2).

11. Returns and Change of mind policy

For homewares items (excluding clearance and sale items, upholstery and furniture) in addition to remedies available under the Warranty or consumer guarantees, if you change your mind you may return the product within 7 days of purchase provided that the product is returned in its original condition and is in its original unopened and sealed packaging, and accompanied by the original sales receipt or another form of proof of purchase for a Note of Credit. Such products purchased online can be returned to any freedom store, or by courier to the store that despatched the original order.

Items sent are at the customer’s cost and risk, and freedom shall not refund customers for any products that it does not receive, or that it receives which are broken or damaged. Except as set out above, freedom shall not accept a withdrawal or cancellation of an Order for change of mind by a customer, unless freedom chooses to do so at its absolute discretion. If freedom does accept such withdrawal or cancellation, the customer must pay an amount to freedom which in freedom’s reasonable view reflects the loss that freedom will suffer as a consequence of the withdrawal or cancellation (including but not limited to storage fees and any mark down) and the customer must pay such amounts to freedom within 7 days of freedom’s request to pay.

12. How to make a claim

To claim under the Warranty or a consumer guarantee, you must return the product for repair/inspection to your store of purchase at your cost (including any freight and insurance charges) together with the original sales docket or another form of proof of purchase. We 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. We will do our best to resolve the issue in a timely manner. If your product cannot be easily returned to your local freedom store because of its size (“Bulky Goods”), we will arrange for the product to be assessed or request photographic evidence. If the Bulky Goods have suffered a major failure, freedom will arrange to collect the Bulky Goods at no charge to you. For any queries please call freedom on 0800 373 336.

13. General

Products are suitable for domestic use only unless otherwise specified.

We may modify these Terms & Conditions at any time without prior notice by posting a revised version of the Terms & Conditions on this website. The amended agreement will take effect from the time of posting on the website. You agree that use of the freedom Online Order System by you shall be subject to the then current Terms & Conditions, and continued use of the freedom Online Order System now or following modifications of these Terms & Conditions confirms that you have read, accepted, and agreed to be bound by such modifications.

freedom reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the freedom Online Order System and/or services offered on or through the freedom Online Order System (or any part thereof).

If any part of these Terms & Conditions is found to be void, invalid or otherwise unenforceable, then that part shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms & Conditions shall continue to be enforceable and valid.

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

Version February 2017

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