Terms & Conditions

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.

Delivery

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.

  1. 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.
  2. You will have been required to pay a deposit of at least 40% on your purchase, at the time of purchase, either in store or online.
  3. The Nick Scali premium delivery and assembly fees are payable separately to the Carrier either (i) at the time of delivery as bank cheques or EFTPOS (note that surcharges may apply) or (ii) online via BPay, credit card or any other payment method available on our website at www.nickscali.co.nz when placing your order. 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.
  4. The outstanding balance on your purchase must be paid prior to, or at the time of, delivery:
    1. Prior to delivery: Payments may be made either i) in store at least 48 hours prior to delivery (surcharges may apply); ii) online via BPay, credit card or any other payment method available on our website at www.nickscali.co.nz when placing your order; or iii) by BPAY prior to delivery. Please note, any payment by BPAY must be received two weekdays, (Mon-Fri) before 6pm, prior to scheduled delivery date. BPAY Biller Code and Reference is listed on your receipt
    2. Upon delivery: At time of delivery, personal or company cheques will NOT be accepted. Drivers can accept payments of any monies owing at time of delivery only via EFTPOS or Credit Card (surcharges may apply). Drivers cannot accept cash payments on balances owing for security reasons.
    3. If the balance is not paid prior to or at the time of delivery, your goods will be returned to the Distribution Centre and an additional delivery charge, including GST, will be payable to the Carrier upon re-delivery of the goods (see (f) below).
  5. 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.
  6. 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.
  7. 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).
  8. 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.
  9. 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.
  10. 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).

Collection of Goods

The following applies if you elect to collect or arrange your own collection and delivery of the goods.

  1. 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.
  2. 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.
  3. You will have been required to pay a deposit of at least 40% on your purchase, at the time of purchase, either in store or online.
  4. 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.
  5. In order to collect goods an original Sales Order & Payment Receipt must be presented.
  6. 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.
  7. Collection of goods must be made by appointment only and pick-up hours can be found at www.nickscali.co.nz/delivery-terms.

Consumer Guarantees

Subject to the Exclusions set out below, our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 (CGA). This Sales Order does not affect your rights under the CGA in relation to the goods

Nick Scali Warranty

Your benefits under these defect warranties are in addition to your other rights and remedies under applicable laws, including the CGA

Warranty Periods

  1. The frame used in each Nick Scali lounge is warranted against failure due to a manufacturing defect for its lifetime.
  2. The motor and motion components for all recliner and sofa beds are warranted against failure due to a manufacturing defect fora period of two years from purchase. The transformer is warranted for 1 year.
  3. All other components of the goods (outside of the frame and electric and motion components) are warranted against failure due to a manufacturing defect for a period of two years from purchase.
  4. To be entitled to claim under these defect warranties, the defect in the part or goods must appear within the relevant time period set out in items 1, 2 and 3 above.

Exclusions

  • 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.

General

  • 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.
  • Privacy: We will collect, store, use and disclose personal information collected using this Sales Order in accordance with our privacy policy which is available at www.nickscali.co.nz.
  • 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 CARE

Please 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.

SUNLIGHT

As 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 FURNITURE

Please 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 FURNITURE

If 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 FINISHES

Natural 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, TAVERTINE AND MACSTONE FINISHES

Marble 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 FINISHES

Dust 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.

GLASS

Use 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 brea

Newsletter Competition Terms & Conditions

  1. Instructions on how to enter form part of the conditions of entry. By participating entrants agree to be bound by these conditions.
  2. The promoter is Nick Scali (Promoter).
  3. Entry is open to anyone in Australia and New Zealand (Eligible Entrants) for the duration of the Terms of this contest.
  4. 1 total entrants will be drawn out of the pool of submissions and classified the winners (Winners).
  5. 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.
  6. Terms
    1. The Eligible Entrants submission must fulfil the Criteria to be considered a valid entry
    2. There can be no more than 1 winner per month (Winners).
    3. The winner will receive one Store Credit Voucher valued at $500
      1. The voucher is not redeemable for cash.
    4. To enter the competition a user must sign up to receive Nick Scali newsletter and remain a subscriber until the competition period is over.
    5. The contest opens on the 1st of every month and closes at 11.59pm (AEST) on the last day of the month. (Promotion Period).
    6. Any entrant who enters the competition using multiple email addresses will be disqualified.
    7. The winner will be notified via email on the second week of every month.
  7. Entry (Criteria)
    1. Subscribe to the Nick Scali newsletter
    2. Enter your name in the subscription form
    3. Enter your email in the subscription form.
    4. Tick the box “I agree to be emailed”.
  8. Prize
    1. The Winners will win 1 x $500 store credit voucher.
    2. To claim the prize the Winner will need reply with acceptance of the prize via the contact details provided in their Entry.
    3. The Prize will be awarded to each Winner as a store credit, which will require the Winner’s contact details submitted in the Entry to be entered into Nick Scali’s internal system
    4. The Prize will be redeemable at any Nick Scali showroom (excluding Nick Scali Clearance Outlets).
    5. The Winners will still need to adhere to any Terms and Conditions on any order placed with Nick Scali when redeeming the store credit voucher, such as the requirement to pay delivery drivers cash upon delivery of their furniture and place a 30% deposit on any order.
    6. The prize is only valid for 12 months from Tuesday 14 February, 2022. Subsequent to the 12 months period the voucher will become invalid.
  1. Disclaimer
    1. 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.
    2. The Promoter will arrange for delivery of the prize to the Winner.
    3. 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.
    4. Any costs associated with entering the competition and accessing the competition are the responsibility of the entrant.
    5. 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.
  2. Liability
    1. 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.
    2. 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.
    3. 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.
    4. 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.