Terms and Conditions | The Cushion Company
This page sets out the terms and conditions on which we sell products (Products) listed on our website www.thecushioncompany.co.nz (our Website) to you. Please read these terms and conditions carefully before ordering any Products from our Website.
You can access these terms and conditions at any time from the bottom of any page of the Website.
Purchasing from The Cushion Company.co.nz
By placing an order through our Website, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old; and
- All details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to make your order and that there are sufficient funds to cover the cost of the Products you have ordered.
Products displayed on our Website can be purchased using a secure online Mastercard or Visa transaction facility. We use SSL encryption and a secure, PCI-compliant payment gateway to ensure your security at all times. We also accept internet banking, Afterpay and The Cushion Company gift vouchers as methods of payment on our Website. Customers can be confident that all of their details are protected by the latest security mechanisms and are used only for purpose of completing the transaction to purchase the Products ordered.
When purchasing Products, you will be asked to register your email address to complete the purchase. You will also have the opportunity during the checkout process to subscribe to our email newsletter, but you are welcome to not tick this box if you do not want to join up to receive emails containing special offers. This means we will not contact you with promotional communications, but we will still hold your details for shopping purposes (which you can alter at any time by logging in). We may also contact you in direct reference to your order.
The Cushion Company Competition Terms and Conditions
- Entries must be received within the timeframe specified.
- We will determine the winner(s) at our sole discretion.
- We will attempt to notify winner(s). If the Competition is run via a social media channel, we will attempt to notify the winner(s) by a message or comment on the social media channel concerned. If we are unable to reach the winner(s) within 7 days, we reserve the right to nominate a new winner.
- By entering a Competition, entrants:
- grant The Cushion Company permission to use their name(s) and hometown in winner announcement posts and/or notifications, as well as the unrestricted right to use (anywhere in the world and in any medium) any images submitted by entrants as part of the Competition; and
- agree that The Cushion Company will not be liable in any way whatsoever, in relation to the use of their name, social media profile and/or any images submitted as part of the Competition.
- Any prizes offered as part of a Competition will be as described by The Cushion Company. Prizes are not transferable and are not redeemable for cash. Taxes on any prizes are the responsibility of the winner. In the event that the prize specified in the Competition becomes unavailable for any reason, we will substitute a prize of similar value. Winners receive prizes entirely at their own risk.
- By entering a Competition, entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including Facebook, Instagram, Twitter and/or Pinterest).
- The Cushion Company reserves the right to amend, vary, extend or discontinue a Competition at any stage, for any reason.
- Employees of, and contractors to, The Cushion Company are not eligible to enter Competitions or win prizes; they will be disqualified.
- Entry to a Competition is only open to New Zealand residents aged 18 years or over.
- To the full extent permitted by the law, The Cushion Company will not be liable for any injury, damages, expenses, or loss whatsover (whether direct or indirect) to persons or property as a result of any person entering into the Competition or accepting or using any prize, including without limitation non-receipt of any prize or damage to any prize in transit.
- By entering a Competition, all entrants are deemed to have accepted these terms and conditions.
These terms and conditions apply to all competitions and promotions run by us, or on our behalf, including those undertaken via any social media channel (each a Competition). These terms do not apply, and we accept no responsibility for, competitions and promotions run by or on behalf of any party other than The Cushion Company (regardless of whether our products are part of the competition or promotion).
The Cushion Company Gift Vouchers can only be redeemed online at www.thecushioncompany.co.nz.
The Cushion Company Gift Vouchers cannot be redeemed for cash or returned for a refund. Unused balances are not refundable or transferable. The Cushion Company is not responsible for lost or stolen Gift Vouchers. Risk of loss or theft and title for Gift Vouchers passes to the purchaser on transfer. This Gift Voucher and purchases made with it are subject to the terms of trade as set by The Cushion Company, which may change from time to time.
Gift Voucher value expires 12 months after purchase.
Pricing and Product Availability
We exercise great care to avoid errors in pricing and Product information. If mistakes do occur, we reserve the right to correct them. We apologise in advance for any inconvenience this may cause.We take great care to provide accurate stock numbers on our Website, although occasionally we may be unable to supply a Product that has been ordered. The Cushion Company will communicate any issues with you as a result of unavailability and we will credit without delay any payments made for such Products.
Discount codes, product bundles or buy and save discounts on multiple products are not to be used in conjunction with any other offers. For example, you cannot use the automatic discount of the bed + mattress combo when using a discount code.
All prices on our Website are in New Zealand Dollars (NZD) and include GST.
Prices are subject to change for any reason at any time without notice, but changes will not affect orders which we have already processed.
Product reviews may be independently collected and moderated by third-party vendors, and all reviews published are from customers who have purchased the product they are reviewing. These reviews will be read, published and moderated on the website at our discretion.
We reserve the right to make minor alterations to reviews for the purpose of fixing obvious errors, or removing offensive language.
Social Media Image Submissions
If an image is submitted using a hashtag we have designed for the purpose of receiving images, we will receive that submission as authorisation to use that image in the format to which the hashtag is allocated.
We take no responsibility for how others choose to share, comment on or engage with user images after we have posted.
The Cushion Company Warranty
The Cushion Company offers a 365-day warranty on all of our Products. This warranty covers all manufacturing faults or defects. It does not cover wear, tear or damage caused by use, accident or failure to follow care instructions.
The warranty is valid for 365 days from the date of the order and is available to the original purchaser of the Product only.
If you have any issues with any Product that you have received, please email us at email@example.com and provide the order number, the name of the item at fault and full details of the fault (including photos if possible).
New Zealand Statutory Compliance
The Cushion Company understands its obligations under the Consumer Guarantees Act 1993. In the event that our Products are not of an acceptable quality or are faulty, we will endeavour to resolve the concern with replacement part(s) and/or Products. If repair or replacement is not possible, we will refund the purchase price.
The Cushion Company is also aware of its obligations under the Fair Trading Act 1986 and we strive to ensure that our customers are not misled, either intentionally or unintentionally.
This website is fully compatible with Internet Explorer 7 and newer, Safari, Chrome and Mozilla Firefox browsers. If you are experiencing problems with another browser please try using Mozilla Firefox.
The Cushion Company and its related brands are trademarks of The Cushion Company. The Cushion Company is the owner of the copyright and other intellectual property rights in the material contained on our Website, or is permitted by the owner of such intellectual property to use this material. Any use of the materials on this Website, including reproduction for any purposes, modification, distribution, or republication, without prior written permission of The Cushion Company is strictly prohibited.
All copyright enquiries can be directed to Creative Upholstery | Level 1 27-35 Queen Street, Warkworth 0910. (please note that this is an office facility only, not a retail store).
All images and photographs on the Website may not be copied, reproduced or edited in any form without prior written (including email) approval from The Cushion Company.
All intellectual property on our Website, including without limitation, the text, graphics and all copyright works (including all copyright and design rights in our Products) is owned by The Cushion Company (or our relevant content supplier). The Cushion Company is the exclusive owner of all rights in the compilation, design and layout of this Website.
Privacy and Security Online
Please refer to our Privacy and Security Policy which has been compiled by us to protect your personal information. By using our Website and/or providing information to us, you consent to the collection, storage, use and disclosure of your personal information in accordance with our Privacy and Security Policy
Our Website provides general information about The Cushion Company and the Products and services we offer. The information contained in this Website has been prepared solely for the purpose of providing information about The Cushion Company and the services and Products we offer. The Cushion Company reserves the right to change, delete or move any of the material on this Website at any time without notice. The Cushion Company shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access this Website. This includes viruses alleged to have been obtained from this Website, your use of or reliance on this Website or any of the information or materials available on this Website, regardless of the type of claim or the nature of the cause of action. By your use of this Website, you agree that you are using this Website solely at your own risk.
Third Party Websites
This site contains links to third party websites. These websites have not been prepared by and are not controlled by The Cushion Company and have been linked for your convenience only. Any links to third party websites do not imply that we endorse and have checked and approved those websites.
The Cushion Company has the right to revise and amend these terms and conditions at any time
These terms and conditions are governed by and interpreted according to the laws of New Zealand.