Customer Service / Terms
PROFILE MARKETING LIMITED (T/A SIMS DISTRIBUTING Co)
Devon Lifestyle Furniture is a New Zealand Company.
Sims Distributing Ltd
The Lakes, Tauriko,
All prices on this site are in New Zealand Dollars.
The name that will appear on your statements is "Sims Distributing Ltd"
The following terms and conditions of sale shall be deemed to be incorporated into and form a part of any contract between Profile Marketing Limited t/a Sims Distributing Company (Sims) and the Customer whose name and details appear above for the supply of goods, to the exclusion of any terms or conditions set out in the order.
1. PAYMENT: Payment is to be made in full at time purchase. Payment will only be made by the methods provided in the web site. The Customer will pay goods and services tax (currently 15%) on all invoices payable in respect of the supply of goods.
Our checkout pages are securely served and encypted using SSL, Credit Cards are verified in real time using DPS.
You will be redirected to the Payment Express website when you place an order.
All prices are in New Zealand dollars.
The name that will appear on your statements is "Sims Distributing Ltd"
2. PRICE: Shall be the price payable for the goods as quoted in the Devon Lifestyle Web Site.Prices are not binding on Sims and are subject to change at any time. All prices are exclusive of Goods and Services Tax unless otherwise stated. All prices are in New Zealand dollars.
3. ORDERS: All web site orders for goods shall be deemed to be an offer to purchase the items specified in such order which Sims may, in its absolute discretion, accept by issuing an invoice in respect of such goods. Sims may at its discretion accept an order either as regards all the goods listed in the order or any one or more of them. Supply of any goods by Sims shall constitute acceptance of the order only as regards the goods in respect of which an invoice is issued.
4. VARIATION of QUANTITIES: Sims reserves the right to make minor adjustments to order quantities to conform with standard packaging protocol.
5. DELIVERY & RISK: When title passes to the customer the goods are at the customer’s risk whether delivery has been made or not. Delivery of goods shall be deemed complete when Sims gives possession of the goods for delivery to the customer, or possession of the goods is given to a common carrier or other bailee for the purposes of transmission to the customer. Any time for delivery stated by Sims is an estimate only and whilst Sims will use all reasonable endeavours to deliver by any requested delivery date, it does not warrant that such date will be met. In no case shall Sims be liable for any loss or damage resulting either directly or indirectly from a failure to deliver by any specific date.
6. REFUND POLICY: If Sims supplies any goods which Sims subsequently accepts are defective, Sims will accept the return of the defective goods to, at its option, replace or repair those goods or credit the Customer all or part of the price paid by the Customer to Sims for the goods provided that Sims has consented to the return, the goods are returned Sims at the Customer’s cost within ten business days of delivery unless otherwise agreed by Sims and a copy of the delivery docket or invoice must accompany the goods.
(Refer to detailed return and refund Policy)
7. TRANSIT DAMAGE / SHORT SUPPLY: All transit damage must be notified to Sims Distributing in writing within 24 hours of receipt of goods. Claims cannot be processed without a reference to the relevant invoice number(s).
All short supply claims must be notified in writing to SIMS must be made within 7 days of delivery.
No claims outside this period will be recognised.
8. INDEMNITY: The Customer shall indemnify and keep Sims and its officers and employees indemnified from and against all actions, claims, liabilities, demands, proceedings, losses (including but not limited to consequential loss or damage), charges, costs or expenses which may be brought against or suffered or incurred by Sims and/or its officers and employees and which arise directly or indirectly from any act or omission constituting negligence or wilful misconduct by the Customer or its officers, employees or agents in respect of the goods.
9. Warranty: To the extent permitted by statute, no warranty is given by Sims as to the quality or suitability of the Goods for any purpose and any implied warranty is expressly excluded. Sims shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising. Apart from any warranty expressly provided by Sims, no other warranties either express or implied by law are made with respect to the Goods.
10. Breach by Sims: In the event of any breach of these Terms by Sims then, unless a lower amount is stipulated elsewhere in these Terms in respect of such breach, the remedies of the Customer shall be limited to damages and the amount of such damages shall not under any circumstances exceed the Price of the Goods to which the particular breach relates.
11. Maximum liability: Under no circumstances whatsoever will Sims’ liability in respect of any damage suffered by the Client or any other person as a result of any faulty or defective Goods exceed an amount equal to the price of such faulty or defective Goods.
12 – Variations - Sims may, at its sole discretion, vary these Terms of Trade from time to time.
Privacy & Security
All checkout and login areas of this site are secured using a Thawte secure certificate (SSL), registered to MacNet Technologies Ltd.
Upon Payment you will be redirected to a DPS Payment express page.
We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for two reasons: firstly, to fully process your order and secondly, to provide you with the best possible service. The type of information we will collect include: name, address, telephone number, email and credit/debit card details.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
Please Contact Us if you wish to opt out of any of our correspondence.
Your Personal Information may be disclosed to other reputable third parties who will help process your order, for example our transport company. Sims Distributing Ltd requires all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable NZ Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside Sims Distributing Ltd for mailing or marketing purposes.
You should be aware that if the police or any other regulatory or government authority investigating suspected illegal activities requests us to provide your Personal Information and /or User Information we are entitled do so.