Terms & Conditions
General Terms & Conditions
- Specification of products on the website are subject to change without notice
- Dimensions are approximate only and are subject to variation
- Computer generated images of products in the various configurations and covers are for indicative purposes only. Whilst all efforts are made for accurate representation of the real product, the product appearance and colour may differ. Therefore we recommend that you view a physical sample of the relevant product prior to placing your order
- Actual product colours may vary, due to different device screen settings or the lighting in the installation of your location. Devices are not calibrated equally and colour reproduction on the Internet is not precise. Choose carefully with this in mind before purchasing.
- Products are quoted inclusive of GST
- Your order payable to Nick Scali does not include delivery. Delivery charges are additional and to be paid to the driver via Debit Card or Credit Card on the day of delivery. Surcharge may apply.
- We reserve the right to decline any orders that have been placed on the website that may contain errors
- Savings are off the prior selling price on selected items. Excludes 'M Collection' sale items, floor stock, discontinued lines, leather & fabric accidental damage warranties, care kits, and delivery charges.
Payment Terms and Conditions
- We currently accept payment by Visa and MasterCard for orders placed online and instore
- Debit payments and financing are available in showrooms only
- All card payments (debit and credit) online and credit card payments in showrooms will incur a 1.3% surcharge applied to cover costs the customers bank charges. These charges apply automatically online when you proceed to the checkout or pay the balance of your order
- You authorise us to debit the amount that is payable in respect of an accepted order from you in accordance with your nominated payment method
- You must not pay, or attempt to pay, for a Product using any fraudulent or unlawful means
- Your nominated payment method may trigger fraud prevention protocols. In the event that this occurs, we may contact you to confirm additional details, or cancel the transaction
- To the extent permitted by law, we (and our assignees) exclude all liability for any loss or damage suffered or incurred by you (whether directly or indirectly) where a credit card is used fraudulently or in an unauthorised manner
- We will endeavour to process online payments within a reasonable time. We would typically expect to process payments within five business days
- You are required to pay a deposit of at least 40% on your purchase, at the time of purchase.
Order Variation and Cancellation
- Orders may be varied or cancelled within 2 days from the date of order. A cancellation fee of $45 will apply.
- Orders may not be varied after 2 days from the date of order.
- Cancellation of order beyond the 2nd day from the date of order will forfeit all deposit monies paid.
Conditions of Sale and Warranty Information
The Sales Order comprises the front page of this document plus these Conditions of Sale. The “goods” are those described on the front of this Sales Order. All prices include GST.
The following applies if you elect for a carrier arranged by us to deliver the goods (Carrier) instead of collecting or arranging your own collection and/or delivery of the goods.
- It is important that someone is at home to receive delivery of your purchase on the designated day. No specific time of delivery can be provided. A four-hour time frame will be advised but cannot be guaranteed.
- The Nick Scali premium delivery and assembly fees are payable separately to the Carrier at the time of delivery by Debit Card or Credit (surcharges may apply) Delivery fees outside of the relevant metropolitan area will be quoted upon request. Additional delivery fees may be incurred, please see collection and delivery advice for further information.
- The outstanding balance on your purchase must be paid prior to delivery:
- Prior to delivery: Payments may be made either i) in store at least 5 business days prior to delivery (surcharges may apply); ii) credit card or any other payment method available on our website at www.nickscali.co.nz when placing your order
- If the balance is not paid prior to delivery, you may experience delays in the delivery of your order and an additional charge, including GST, will be payable to the Carrier upon re-delivery of the goods (see (7) below).
- It is important that sufficient access is available to deliver the goods. If the goods need to be disassembled additional charges will apply. Lounges that need to be disassembled and reassembled will incur a minimum additional cost of $250 plus any additional redelivery fees if the lounge delivered needs to be returned to the Distribution Centre. To avoid re- delivery fees please advise our Despatch Department in advance of any access problems.
- Once arrangement for a delivery day is confirmed, there will be a re-delivery charge if no person is at the delivery address on the day of delivery or if you cancel the delivery on day of delivery.
- In the event of a re-delivery due to reasons above in paragraphs (c), (d) or (e) an additional delivery fee will apply in respect of such re-delivery on top of the original delivery fee. Re-delivery outside the relevant metropolitan area will incur higher redelivery fees (quoted on request).
- When receiving goods, please inspect thoroughly before signing “Received in good order” as otherwise any claims for scratches, marks, dents or other visible damage will not be accepted.
- If you fail to collect or take delivery of goods after 21 days from the date of contact by our Despatch Department, we will treat this as a request by you to cancel the Sales Order and you will forfeit all deposit monies paid.
- We make no representations about the Carrier other than those contained in this Sales Order and we are not responsible for any acts or omissions of the Carrier, including its negligence. (j) All packing and wrapping materials are your responsibility and will be left at the premises (delivery address).
- All quoted delivery period on order is only approximate and delays of up to 3 weeks beyond the quoted delivery period may occur.
Collection of Goods
The following applies if you elect to collect or arrange your own collection and delivery of the goods.
- We will not accept claims for scratches, indentations, marks, missing colour, or any other visible damage once you have collected the goods from our Distribution Centre. It is important that you inspect the goods thoroughly before taking the goods and signing that the goods were received in good order.
- If collecting goods from our Distribution Centre, you must contact our Dispatch Department 48 hours prior to pickup and make an appointment. The contact details are on the front of this Sales Order.
- Payment must be made in full at least 48 hours prior to collection of goods. Payments may be made i) by credit card in store 48 hours prior to pick up (surcharges may apply); ii) by BPAY; or iii) online via BPay, credit card or any other payment method available on our website at www.nickscali.co.nz when placing your order.Please note, any payment by BPAY must be received two weekdays, (Mon-Fri) before 6pm, prior to scheduled collection date. BPAY Biller Code and Reference is listed on your receipt.
- In order to collect goods an original Sales Order & Payment Receipt must be presented.
- Our health and safety policies prohibit our staff from lifting or moving furniture outside our warehouse. Please make sure you have sufficient help to carry and load furniture from our warehouse to your vehicle.
- Collection of goods must be made by appointment only and pick-up hours can be found at www.nickscali.co.nz/delivery-terms.
Nick Scali provides the original purchaser of this product a guarantee against defects in workmanship and materials as well as guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 (CGA). The guarantee period will vary on product components and are listed below. It is important to note the warranty commences from the date of your Original Tax Invoice.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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at www.consumerprotection.govt.nz. If, during the warranty period, a defect caused by faulty workmanship or materials appears, Nick Scali or a designated third-party appointed by Nick Scali, may perform an in-home inspection to determine if a manufacturing fault exists.
Nick Scali Warranty
Our warranties against defects and remedies under these warranties are in addition to other rights and remedies of the purchaser under the CGA. Should your product be defective, you may choose to make a claim under the CGA or the Nick Scali Warranty Against Defects.
Unless otherwise specified in writing by Nick Scali (e.g. in a Sales Order), Nick Scali Limited warrants that:
- The frame used in each Nick Scali lounge is warranted against failure due to a manufacturing defect for its lifetime.
- The electronic and motion components for all recliners and sofa beds (excluding batteries and transformers) are guaranteed against failure due to a manufacturing defect for a period of 2 years from date of delivery. Batteries and transformers come with a 12 month warranty. Nick Scali provides a separate warranty for lithium battery packs which can be accessed at: Nick Scali Lithium Battery Warranty Information.
- All components of your product other than 1 and 2 above (including leather, fabric, lacquered and other timber finishes, chrome and metal, glass and marble, travertine and macstone) are guaranteed against failure due to a manufacturing defect for a period of 2 years from date of delivery.
- If a product is replaced during the Warranty Period, the guarantee period for the replacement product expires on the same date as the Original Tax Invoice date.
- To be entitled to claim under the Nick Scali warranty against defects, the defect in the part or product must appear within the relevant time period set out in items 1, 2, 3 and 4 above.
- Subject to the provisions of the CGA, the Nick Scali Warranty applies to the original purchaser only and is not transferable.
- The Nick Scali Warranty only applies to goods that are used for normal domestic purposes and excludes goods acquired for the purposes of a business.
- Where you are acquiring goods in trade (including for the purposes of a business), you agree that the provisions of the CGA will not apply in relation to the goods, pursuant to section 43(2) of the CGA.
- The Nick Scali Warranty does not cover normal wear and tear or accidental damage. For care instructions on all furniture (other than leather lounges) please refer to ‘Caring for Your Furniture’. For care instructions on your leather lounge, please refer to the Lounge Booklet provided.
- All other warranties and guarantees, whether implied by statute or otherwise, are excluded to the maximum extent permitted by law, except for any applicable guarantees under the CGA.
How to claim
To make a claim, contact our service department on 0800 642 572 and follow the prompts. To claim under these defect warranties, you must:
- cease using the goods immediately after the defect appears,
- notify Nick Scali within 7 days after the defect appears, and
- have a copy of the original Sales Order
Once notified, Nick Scali will assess your claim, and respond within 10 business days. If a part or goods is determined by Nick Scali to have a manufacturing defect, Nick Scali will choose whether to repair or replace that part or goods, or refund the goods. Nick Scali has no liability to you under these defect warranties (other than repair or replacement of the defective part or goods, or refund of the goods). You must bear the expense of making the claim and the cost of all freight, house calls, labour and other items. These will be charged to you at standard Nick Scali rates.
Right to Cancel this Sales Order
If a Force Majeure Event occurs, Nick Scali Limited may be prevented, hindered or delayed in or from performing its obligations. If this is the case, Nick Scali will not be liable for non-performance of its obligations (other than an obligation to refund your deposit) to the extent that its performance is impacted by the Force Majeure Event.
Force Majeure Event means any circumstance or event which is beyond the reasonable control of a party, including any act of God, riot, war, civil unrest, flood, epidemic or pandemic, earthquake, fire, lightning, storm, or similar event.
- Title in any goods passes to you on receipt by us of payment in full and risk passes to you on delivery or collection of the goods from our Distribution Centre or stores.
- In the event of any conflict between these terms and those which may be included in, or implied by, any document forming part of a purchaser enquiry, specification, order or contract, then the terms of this Sales Order shall prevail.
- We will use reasonable endeavours to provide delivery of the goods in accordance with the dates booked, and in the event of a delay, we will provide you with reasonable notice of such delay, and of the new delivery date. In no event will we be liable to you for any delay in the delivery of the goods. If we fail to deliver the goods on or about such new delivery date, and you wish to terminate this agreement for a delay in the delivery of the go
- This document shall be construed in accordance with and governed by the laws of New Zealand.
- To the extent permitted by law, Nick Scali’s liability to you under this Sales Order and in respect of the goods must not exceed the price you paid for the goods, and we will not be liable to you or anyone else for any indirect or consequential loss.
Caring for Your Furniture
GENERAL CAREPlease ensure that your furniture is used as it was intended. Do not sit on arms of lounges, do not sit or stand on table tops, and do not pivot on the back legs of chairs.
SUNLIGHTAs with any product, prolonged exposure of furniture to direct sunlight will harm it. Direct exposure to sunlight will cause leather and fabrics to fade and may also cause excessive drying. Direct exposure to sunlight will cause timber products, particularly doors, tops and side panels to warp.
LEATHER UPHOLSTERED FURNITUREPlease refer to the Lounge Booklet provided to you at time of order. This booklet contains comprehensive details on caring and cleaning of leather lounges, natural characteristics of leather, normal wear and tear of leather lounges and other important information. The information provided in this booklet forms part of this document relating to leather lounges.
FABRIC UPHOLSTERED FURNITUREIf thread becomes loose on the fabric, simply cut it off. Do not pull it. Dust is best removed using your vacuum cleaner with the appropriate attachment. Avoid harsh brushing and sharp objects (rings, buckles, toys) as it will cause snagging of threads. Do not allow cats and dogs to walk on fabric upholstered furniture. As many fabrics differ in properties, it is best to follow the unique care and cleaning instructions labelled on your fabric furniture.
LACQUERED AND TIMBER FINISHESNatural timber and veneer finishes will show distinctive markings, patterns and colour variations which are evidence of being produced from genuine timber materials. Always use protective heat coverings to protect against hot objects. A tablecloth is not sufficient. Always use coasters when placing glasses, bottles or cups on the surface. Regularly clean surface by wiping with a non abrasive, damp cloth.
MARBLE, TRAVERTINE AND MACSTONE FINISHESMarble and Travertine are natural materials. Each piece is unique in markings and patterns and colour variation. Always use protective heat coverings to protect against hot objects. A table cloth is not sufficient. Always use coasters when placing glasses, bottles or cups on the surface. Any liquid spills should be wiped clean immediately. Remove dirt and dust by wiping with a warm, damp cloth.
CHROME & METAL FINISHESDust the surface regularly to avoid build up of pollutants, which may cause the surface to rust. Only use a recognized brand of chrome polish, if necessary. Avoid contact with sharp or hard objects as this will cause scratching.
GLASSUse a regular glass cleaner with an appropriate soft cloth for glass. Do not apply glass cleaner to surrounding areas or the frosted side of the glass. Always use a mat to avoid hot objects being in direct contact with glass. Avoid contact with sharp or hard objects as this will cause scratching. Never lift glass tops from the ends of a table as this will put unnecessary stress on the surface and may cause it to break
Promotions & Offers
- ^When you buy 2 or more items from the same collection
- +When components purchased individually from the same collection
The advertised discount applied to these prices apply only if the customer purchases TWO or more items from this same range at the same time and is calculated based on the price of the separate items if purchased individually. Delivery of these items is required. Additional delivery fees apply. Not available in conjunction with any other promotion.
*Savings are off the prior selling price on selected itmes. Excludes floor stock, discontinued lines, leather & fabric accidental damage warranties, care kits, delivery charges and 'M Collection' sale items.
Newsletter, Post-Purchase Survey and Review - Competition Terms & Conditions
- Instructions on how to enter form part of the conditions of entry. By participating entrants agree to be bound by these conditions.
- The promoter is Nick Scali (Promoter).
- Entry is open to anyone in Australia and New Zealand (Eligible Entrants) for the duration of the Terms of this contest.
- 1 total entrants will be drawn out of the pool of submissions and classified the winners (Winners).
- The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who the promoter believes either has tampered with the entry process or has submitted an entry that is not in accordance with these conditions of entry.
- The Eligible Entrants submission must fulfil the Criteria to be considered a valid entry
- There can be no more than 1 winner per quarter (Winners).
- The winner will receive one physical Voucher valued at $2000
- The voucher is not redeemable for cash.
- To enter the competition a user could do one of the following three options below. This is also detailed in the competition Entry (Criteria)
- A user can sign up to receive the Nick Scali newsletter and remain a subscriber until the competition period is over; and/or
- A user could also make a purchase with Nick Scali in the last year and complete our Post Purchase Survey which they may have received via email or followed the prompts via SMS after their product has been delivered.
- A user may have received an SMS prompting them to leave a Google or Product Review for their experience.
- The contest opens on the 1st of every quarter and closes at 11.59pm (AEST) on the last day of the quarter. (Promotion Period).
- Any entrant who enters the competition using multiple email addresses will be disqualified.
- The winner will be notified via email on the second week of every quarter.
- By entering this competition, entrants agree to be contacted for marketing, sales and promotional purposes.
- Entry (Criteria)
- There are three entry options for the competition. An entrant could be a person who as entered following the entry criteria of option one and/or option two and/or option three. Entry option one is as follows:
- Subscribe to the Nick Scali newsletter
- Enter your name in the subscription form
- Enter your email in the subscription form.
- Tick the box “I agree to be emailed”.
- Entry option two is as follows:
- Must have made a Nick Scali purchase in the last year.
- Must have completed the survey with their matching order number.
- Entry option three is as follows:
- Must have made a Nick Scali purchase in the last year.
- Leave a Google or Product Review for their experience.
- The Winners will win 1 x $2000 physical voucher.
- To claim the prize the Winner will need to reply within 7 business days with an acceptance of the prize via the contact details provided in their Entry. If response is not received within 7 days business days from the date of email, the prize will be forfeited.
- The Prize will be awarded to each Winner as a physical voucher, which will require the Winner’s contact details to be submitted in order to post the physical voucher.
- The Prize will be redeemable at any Nick Scali showroom (excluding Nick Scali Clearance Outlets).
- The Winners will still need to adhere to any Terms and Conditions on any order placed with Nick Scali when redeeming the voucher, such as the requirement to pay delivery drivers upon delivery of their furniture and place a 40% deposit on any order.
- The prize is only valid for 12 months. Subsequent to the 12 month period the voucher will become invalid.
- All entries become the property of the Promoter. The Promoter’s decision is final and no correspondence will be entered into. No responsibility is accepted for entries not received by the promoter. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.
- The Promoter will arrange for delivery of the prize to the Winner.
- The Promoter reserves the right to redraw a prize in the event of an entrant failing to comply with these terms and conditions or forfeiting or not claiming the Prize two weeks from the date of the winner being emailed. If a prize remains unclaimed by that date, a second draw will be made.
- Any costs associated with entering the competition and accessing the competition are the responsibility of the entrant.
- The Promoter assumes no responsibility for, and the entrant releases the Promoter from responsibility for, any failure to receive an entry or for inaccurate information or for any loss, claim, damage or injury to person or property (including computer, and other device, systems and servers) as a result of the entrant’s participation in this promotion or the conduct of the promotion generally or as a direct or indirect result of an entrant’s error, any technical problem of any kind including communications or network failure, unauthorised access to, transferring or theft of data, whether caused by the entrant or associated with the equipment or programming used in the conduct of this promotion. If, because of any such problem, this promotion is not able to be conducted as planned and/or the promotion’s administration, security, fairness or integrity are compromised or affected, the promoter may (where necessary with the approval of the relevant Department) cancel, terminate, modify or suspend the promotion and/or disqualify any entrant involved in interfering or tampering with the conduct of this promotion in any way.
- These terms and conditions do not, nor do they purport to, limit, exclude or modify any non-excludable statutory guarantees as provided under the Competition and Consumer Act (2010), or any other warranties (whether express or implied) under any state or federal legislation which cannot be excluded.
- Except for any liability that cannot by law be excluded, the promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
- To the fullest extent permitted by law and without limiting any other conditions of entry, the promoter may, in its discretion, terminate, modify or suspend the promotion, subject to any directions given by any relevant authority. All entrants participating in the promotion at the point of termination, modification or suspension of the promotion will be notified by the promoter in writing. In the event of modification or suspension of the promotion, the entrant may choose to terminate their participation in the promotion at no cost.
- Details from all entries will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion) and for publicity purposes surrounding this promotion. By entering this promotion entrants consent to the use of their information as described. The promoter will only use your personal details for marketing purposes outside those described above if you “opt in” to join the mailing list when prompted.