Terms of service
Terms and Conditions
The website is operated by Coloursmart. The store is named CNDonline.co.nz. Throughout the site, the terms “we”, “us” and “our” refer to Coloursmart. Coloursmart offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. All products are genuine CND and we hold stock in NZ. All orders placed by 1pm will ship the same business day unless we are out of stock. If we don't have stock an alternative will be offered or a credit for your next purchase.
Terms and Conditions of Trade
These terms and conditions of trade apply to all of our Sale of Goods contracts. Any order placed with Coloursmart, hereby known as (Coloursmart) constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Coloursmart (including an order) are hereby objected to and will not bind Coloursmart unless Coloursmart agrees in writing. No sales person, representative or agent is authorised by Coloursmart to give any guarantee, warranty or representation in addition to, or contrary to these terms. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
Section 1 – Price and Price Variation
1.1. Prices quoted are in New Zealand Dollars and include GST unless otherwise stated.
1.2 Delivery prices are in addition and will be displayed at the checkout. We offer free shipping on orders over $99.
1.3 Any correction of errors or omissions may be carried out on the part of Coloursmart or by any of its representatives. This includes incorrect pricing online or pricing showing as $0.00.
Section 2 - Payment
2.1. The purchase price must be paid to Coloursmart as per the terms stated on the online store at the time of purchase.
2.2. Coloursmart reserves the right to suspend delivery or supply of further goods if the Customer does not strictly adhere to the terms and conditions.
2.3. If a payment is dishonoured, Coloursmart reserves the right to request the immediate payment goods or the return of the goods in saleable condition. Failure to either pay for the goods or return the goods after such a request will be deemed as theft and the police may be contacted as a result.
2.4 You will be issued with an order number at the end of your transaction.
Section 3 - Delivery
3.1. Coloursmart shall deliver the goods to the address stated on the order. Please ensure if an address change is required it is stated on the order.
3.2. Coloursmart shall deliver the goods by such carrier and such form of transport as Coloursmart in their sole discretion consider to be appropriate UNLESS the Customer specifies the carrier and the means of carriage and this is accepted in writing by Coloursmart, in which case Coloursmart shall deliver the goods in the way specified, the cost of such carriage being an additional charge to the invoiced price of the goods. Please note if Dangerous Goods are in the parcel then NZ shipping laws will be followed.
3.3. In the event of Force Majeure Coloursmart are not liable for any consequences (direct or indirect) causing a delay in delivery of the goods as a result of events occurring beyond the control of Coloursmart.
Force Majeure includes but is not limited to act of God (such as, but not limited to pandemics, fires, explosions, earthquakes, drought, tidal waves and floods).
As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any Party invoking it shall submit to the other Party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party's obligations under this Agreement.
Coloursmart shall at all times take all reasonable steps within their respective powers and consistent with Good Operating Practices (but without incurring unreasonable additional costs) to:
3.3.1 prevent Force Majeure Events affecting the performance of the Company's obligations under this Agreement;
3.3.2 mitigate the effect of any Force Majeure Event; and
3.3.3 comply with its obligations under this Agreement.
3.4 Delivery time please allow 2 to 3 working days from time of dispatch. If the address is classed as Rural by the courier company this may increase the delivery times 1-2 working days.
Section 4 – Privacy
4.1. The Customer authorises Coloursmart to collect, retain, and use personal information about the Customer (including information in this document) to, market goods and services to the Customer.
4.2 The Customer authorises Coloursmart to collect, retain and use personal information about the Customer (including information in this document) to disclose to a third party details of this application or any subsequent dealing with Coloursmart for the purpose of recovering amounts payable by the Customer.
4.3. The Customer, if an individual, has the right of access to information about the Customer held by Coloursmart.
4.4. The Customer may request correction of that information and may require that the request be stored with that information. Coloursmart may charge reasonable costs for providing access to that information.
Section 5 – Colour Matching
5.1. If Coloursmart is required to match a particular shade or colour, a reasonable variation shall be allowed from the colour requested. Where there is dispute regarding the colour requested, Coloursmart shall have sole discretion to find the colour ‘reasonable’.
Section 6 – Intellectual Property
6.1. All information prepared by Coloursmart including, without limitation, customised pricing, proposals, electronic catalogues, details of improvements and cost reductions, is confidential information belonging to Coloursmart and cannot be copied, altered or distributed without the prior written consent of Coloursmart. Coloursmart is not responsible for any damage, expense or liability arising from alterations made by the Customer to anything referred to in this sub-clause.
Section 7 - Information
7.1. Coloursmart provides all information, including information on its website, gratuitously but without liability.
Section 8 – Return of Goods
8.1. Coloursmart will refund or exchange any product found to be faulty only in accordance with the terms of this clause.
8.2. Coloursmart will not accept the return of goods for credit or any other purpose unless Coloursmart first receives notification of the faulty goods within three (3) working days of receipt by the Customer and the goods have been returned within fourteen (14) days of delivery to the Customer. Return freight will be at the Customers cost, unless the reason for the return of the goods is error on the part of Coloursmart. This clause is subject to clause 8.3.
8.3. No return of goods shall be accepted by Coloursmart (even if Coloursmart agree to do so) if they have been opened or tampered with by the Customer or any other person or if they are goods expressly sold on a non-return basis. Where goods are returned to Coloursmart but not accepted they shall be returned to the Customer at the Customer’s expense and the full price will remain payable by the Customer.
8.4. Receipt by Coloursmart of any goods returned other than in accordance with clause 8.2 shall not constitute nor be deemed to constitute acceptance by Coloursmart of the return of the goods for credit or any other purpose.
8.5. Products cannot be returned on the basis of an unsatisfactory colour choice being made by the Customer.
8.6. Products must be returned to the office of Coloursmart.
Section 9 – Risk
9.1. Contactless courier delivery is currently being used in NZ due to COVID-19. Our courier will confirm details of delivery where necessary.
9.2 Risk in the goods passes to the Customer when a delivery is signed for and a Proof of Delivery (POD) is issued.
Section 10 - Liability
10.1. The Consumer Guarantees Act 1993, Commerce Act 1986, Fair Trading Act 1986, Sale of Goods Act 1908 and other statutes may imply warranties or conditions or impose obligations upon Coloursmart which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Coloursmart, Coloursmart liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
10.2. The Customer agrees and acknowledges that in no event will Coloursmart be liable for any property damage, personal injury, direct or consequential loss or damage incurred by the Customer or a third party whether due to defective goods and/or as a result of negligence or otherwise by Inspired or its servants or agents but in any event the liability of Coloursmart will not exceed the purchase price paid by the Customer for the goods or services.
Section 11 – Variations to Terms and Conditions of Trade
11.1. Coloursmart may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT Coloursmart shall not make any variation to the nature or extent of any Security Interest granted by the Customer without the written agreement of the Customer. Coloursmart may notify the Customer by delivering to the Customer an invoice with these terms and conditions of trade and receipt of the invoice by the Customer will be deemed to be acceptance by the Customer of the terms and conditions of trade.
Section 12 - Jurisdiction
12.1. This Agreement is governed by and construed in accordance with laws of New Zealand for the time being in force, and the parties agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand in respect of any dispute or proceeding.
Section 13 – Governing Law
13.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
Section 14 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 15 – Contact Information
Questions about the Terms of Service should be sent to us at info@CNDonline.co.nz
Coloursmart takes your privacy and the security of your important personal data very seriously. Under no circumstances will we ever sell or share your personal information with any person or organisation. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you e-mails based on your request for information.