Terms & Conditions

TERMS AND CONDITIONS

These Terms and Conditions of Sale (hereinafter referred to as “Terms”) apply exclusively between DESEJO LIMITED (NZBN: 9429047964389), (trading as Desejo), a company registered in New Zealand whose postal address is: P.O. Box 308132, Manly, Auckland, 0952, New Zealand (hereinafter referred to as “Desejo”, “we”, or “us”) and any person who access, uses or makes a purchase on desejo.co.nz (the “website”), (hereinafter referred to as the “Customer” or “You”) and collectively referred to as the “Parties”.

All orders accepted will be subject to the terms and conditions of trade as follows unless otherwise agreed. Please note that whilst they remain posted on our website, these conditions will apply to all transactions carried out via our website, e-mail or/ and by telephone.

TERMS

The website delivers to Customers in New Zealand. For deliveries to Australia, please send us an enquiry.

Should you have any questions concerning an online purchase, please contact the Desejo Customer Support team by email: contact@desejo.co.nz

The Parties agree that their relationship will be governed exclusively by the Terms and the Desejo Privacy Policy, each of which is available on desejo.co.nz. Please read these Terms carefully before using the website and/or making a purchase. By using the website and/or making an order or purchase, you are deemed to have accepted the Terms.

The Terms and Conditions of Trade are governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the New Zealand courts.

PRODUCT FEATURES

1. We reserve the right, without prior notice, to discontinue products or change specifications on products.
2. Desejo is free to commit any design changes without prior notice. Images on the catalogues or website may vary from the final product. We work every day to enhance our product’s quality, aesthetics, usability, and reliability.
3. Many finishes are applied by hand and may vary in color, tone, and character. While our supplier will make every effort to match a finish, no guarantee can be made of an exact match. The finishes shown on our website might not be available for all the designs in our collection. Modification of the standard finishes might incur additional charges.
4. Desejo does not guarantee finishes against fading and oxidizing throughout the years. Variations in color and veining are inherent in stone (marble) and considered to be part of the natural beauty of the material.
5. Some products may have marks, minor pitting, porosity, and small color anomalies. These are the distinguishing traits of our handcrafted casted brass products.
6. Plugs and switches are included and in accordance with the standards of the country to which the product is destined, hereby New Zealand.
7. Each design is handcrafted. While every effort is made to maintain uniformity slight variations may occur, such as:

– the glass position may occur due to the manual drilling of the glass holes;

– small variations on dimensions are acceptable due to handcrafted work.

PRODUCT ORDERS

How to place an order on Desejo.co.nz

There are three ways to order on Desejo – either directly on the website, or, if you found the desired product in one of our downloadable catalogues or would like a custom product designed, by emailing us at orders@desejo.co.nz.

1. Ordering from our website www.desejo.co.nz

• Add your chosen items to your basket;
• Insert your delivery details;
• Select a method of payment and insert your payment information;
• Make your payment by confirming that you wish to make the purchase;
• You will receive an email from Desejo confirming that your order has been logged;
• Finally, once your order has been processed, you will receive an email confirming your order.

Generation of an order confirmation email means that Desejo has accepted your order, which will then form the sales contract between the Parties.

As soon as your order is ready to be dispatched, Desejo will send you a further email confirming that your order has been dispatched.

Each of the emails referred to above will be sent to the email address which you have provided when making the order.

2. Order a product from one of our catalogues

• Send an email to orders@desejo.co.nz with the reference and quantity of the desired product
• We’ll contact you to confirm availabilities, shipping fees, and delivery estimates, and to sort out payment options
• Once payment has been completed, you will receive an email from Desejo confirming that your order has been logged;
• Finally, once your order has been processed, you will receive an email confirming your order.

3. Bespoke or custom designed products

• Send an email to orders@desejo.co.nz with your idea and vision and the quantity of the desired product.
• We will require a deposit to begin the design process.
• Our team will work with designers and master craftsmen that work with a combination of techniques, materials and finishes to deliver pieces that perfectly complement your Hotel, Restaurant, Retail or Interior Design Project.
• During the design process, we will keep you updated by sharing images and pictures, or even a fully functioning finished brass prototype for you to sign off, should you request and order one.
• Once the Design is Approved, we’ll contact you to confirm availabilities, shipping fees and delivery estimates, and to sort out payment options
• Once payment has been completed, you will receive an email from Desejo confirming that your order has been logged;
• Finally, once your order has been processed, you will receive an email confirming your order.
• Bespoke and custom-designed products are non-refundable.

PRICES

The prices displayed by default on the website are stated in New Zealand Dollars (NZD) and include all charges applicable in New Zealand (including GST, shipping and customs duties). GST is applied at the rate applicable on the order date. Standard prices are subject to change without notice.

Product prices displayed on desejo.co.nz include postage/shipping to New Zealand (North and South Island urban addresses only) but exclude the cost of certain packaging and other optional services selected by you, for which there will be an additional charge. Any additional charges will be included in the summary of your order displayed on-screen before the order is finally confirmed and before any payment is charged. For prices and shipping costs to outer islands, rural addresses and Australia, email contact@desejo.co.nz.

Quotations remain current for one (1) full calendar month unless otherwise stated in writing.

Legal, accounting and interest costs involved in the collection of overdue accounts will be claimable by Desejo Ltd.

If Desejo suffers any loss as a consequence of the failure by any customer to comply with these conditions, then Desejo may recover as liquidated damages the full amount of such loss and any costs or expenses incurred as a consequence.

PAYMENT METHODS

You may pay for your order by bank card, using a Visa or MasterCard card, or by bank transfer. Card payments made on Desejo.co.nz are secured using the Secure Socket Layer (SSL) protocol and payments are processed by our secure payment processor, POLI.

The total price of your order (including any GST, postage/shipping, packaging or other costs previously identified to you on the payment confirmation page) will be debited from your bank account once we’ve confirmed your order. In certain scenarios, only 50% of the total price will be debited at the time of checkout; the balance is due to be paid in full prior to the shipment of the goods. The initial deposit is non-refundable. Goods remain the property of Desejo until full payment has been received. Overdue accounts may cause suspension of deliveries, without notice, until overdue amounts are paid for in full.

If an anti-fraud check is carried out to ensure the security of customer transactions, we may ask you to provide order and identity validation documentation by email, such as one or more documents containing proof of your address and/or a copy of your identity card (i.e a driver’s licence), before your order is confirmed. Please note that any information collected by us as part of this process will be handled in accordance with our Privacy Policy accessible on the website.

Your order will only be final once we have received these documents and issued a confirmation email. In the absence of these documents or if the documents do not establish your identity and address, Desejo reserves the right not to confirm and process the order.

We also reserve the right to reject an order in the event of an ongoing payment dispute or if a Customer has ordered an unusually high number of products or services. If we reject your order, we will notify you promptly by email to the email address you provided when making the order.

PROOF OF ORDERS AND PAYMENT

In the absence of proof to the contrary, our electronic databases and those of our service providers that are kept under adequate security conditions will constitute proof of all transactions entered into between the Parties. In accordance with applicable regulations, we store orders in a reliable medium. If you have an account on our website, you may also access orders placed by you on desejo.co.nz by going to My Account. In all cases, Desejo advises customers to retain their order confirmation email.

AVAILABILITY

Our product offers apply for as long as they remain visible on the website, except when special offers are available, in which case the term of validity of those offers will be stipulated on the website. Stock that is not available at the time of order will be placed on backorder unless notified in writing.

If an item ordered is not available, we reserve the right to cancel the order, in which case you will be notified accordingly.

If you place an order for several products one of which is unavailable, we will inform you accordingly. The rest of the order will be processed and dispatched to you within the time limit indicated on the website.

You may also choose to cancel your entire order, in which case you must inform our customer services department by phone or email using the contact details listed below.

DELIVERY

Delivery of the goods shall be made to the customer’s address. The customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.

The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.

DELIVERY CONDITIONS

Delivery is done by our courier partners. Delivery times, prices, and conditions are provided by these partners. They include DHL and Mainfreight.

EXCHANGES AND RETURNS

Desejo return policy is not intended to limit or exclude any rights and remedies which may be available to you under the New Zealand Consumer Law if there is a breach of any statutory guarantee contained in the New Zealand Consumer Law.

At Desejo we pride ourselves on the quality of our products and our dedication to customer satisfaction. May you experience any issue with your product, please contact us at contact@desejo.co.nz. Returns will only be accepted with the prior approval of Desejo Ltd. and must be accompanied by a credit request quoting an Invoice number.

All goods returned must be in good condition and back in our hands no later than 14 days from the date of reception. No goods will be accepted for return if the item is obsolete or the finish has been changed.

Costs for a return/exchange: The shipping cost of returning any unwanted product, for an exchange or a refund will be at your expense. A 40% restocking fee will also apply. Please take into account that if you cancel the order and return it, the shipping cost will not be refunded.

The cost of customising or custom parts is not refundable.

Custom orders are not returnable for a full refund.

If your order is faulty, or if you received the wrong items, we will pay for the cost of return. However, you will need to provide pictures showing the damage and retain all original packaging.

Contact us to organise the return of faulty goods & bulky items: contact@desejo.co.nz

Desejo retains the right to not offer exchanges, returns and refunds for change of mind.

LEAD TIME

Current lead time estimates will be provided at the time of order. Every effort will be made to achieve target delivery dates, any delays are out of Desejo’s control and therefore do not constitute a breach of contract. Desejo is in no way liable for any resulting issues caused by delayed orders.

FORCE MAJEURE

Without limiting the foregoing, neither the Seller nor the Buyer will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these Terms or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a Force Majeure Event. Nothing contained in this clause will excuse payment of any money due or which becomes due under these Terms.

The rights and obligations of either party which are affected by a Force Majeure Event will be suspended during the continuance of the Force Majeure Event, and either party claiming to be affected by the Force Majeure Event will give immediate notice to the other party containing full particulars of the Force Majeure Event. The party giving notice under this clause will take all reasonable steps to mitigate the effects of the Force Majeure Event and remove such Force Majeure Event provided that neither party will be required to remove any such Force Majeure Event if to do so would require it contrary to its judgment to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.

If the Force Majeure Event prevents or hinders performance of these Terms for a continuous period of 180 days either party may, on not less than 14 days prior written notice to the other party, terminate these Terms.

GUARANTEE/WARRANTY

Desejo Ltd. guarantees to the owner of the furniture that its  products are free from any defects in material. If there should be problems with our products, a Customer who wishes to claim against the warranty must notify Desejo Ltd. in writing within 48 hours of the discovery of a defect, upon which Desejo customer service will explain the procedures and where to return the product. The Customer shall return the product at its expenses with a copy of the original invoice. In order to avoid any misunderstanding, we would like to specify that Desejo Ltd. only replaces the product and does not cover the cost of removal of the defective product nor its installation.

The warranty of Desejo Ltd. does not cover those items which have been incorrectly installed or used for purposes other than that for which they are intended. The item in question should first be returned to our Office immediately or inspected on-site by our appointed representative for verification of the fault. With the defective product, you should enclose a letter explaining the defect shown by our product. Desejo Ltd. reserves the right to alter or delete a product, finish or change specification without notice.

In addition to the guarantees under the New Zealand Consumer Guarantees Act 1993, our suppliers offer warranties for products purchased:

• LUXXU provides a 2-year limited warranty against any manufacturer’s defects.
• PULLCAST provides a 1-year limited warranty against any manufacturer’s defects.
• Loomiosa warrants for a period of two years from the date of delivery of the materials and the construction except if any defect or damage is the consequence of incorrect use, improper installation, accident, improper storage, or repairs or modifications made without the prior written express consent, lack of maintenance or due care, or negligence by the Customer.

CONSUMER GUARANTEES ACT.

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire the Goods from us for the purposes of a business in terms of sections 2 and 43 of that Act. The provisions of the Act do not apply where a customer is acquiring the goods for the purposes of a business.

EXCLUSIONS

Our guarantee specifically excludes the following:

• Damage caused by accident or intentionally
• Incorrect Installation
• Neglect
• Tarnishing or deterioration of the decorative finish
• Incorrect cleaning and care of products
• Liability for damage or injury to any person, damage to any property, and any indirect consequential or other loss or damage due to the product.
• Defects, damage or injury caused by, or resulting from; the effects of hard water, inadequate system flushing procedure, failure to clean and maintain the product correctly, abuse or neglect, or other alterations or modifications which affect the reliability or performance of the product.
• Defects or injury caused by or resulting from; improper installation, installation not according to installation instructions or specifications, installation by a non-licenced tradesperson or not in accordance with New Zealand  standards or regulatory requirements.
• Damage or faults caused by chemicals, electrical influences, adhesives, sealants or abrasive cleaning products.
• Finish variations due to patina or natural changes on living metal finishes.

SPECIAL/BESPOKE/CUSTOM PRODUCTS

All products imported or manufactured at the customer’s request/s which are NON-standard in design, size or finish will NOT be accepted for return except where such product is faulty in workmanship or specification. On acceptance of your order, no cancellation of your order will be permitted if manufacturing has started or materials/products ordered.

MARINE

These products have NOT been designed specifically for marine applications and as such, it is incumbent on the purchaser to ensure their suitability.

DISPUTE RESOLUTION

You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms and Conditions or the services provided by Desejo unless you have first complied with this section.

1.Where any Dispute arises, you (or your representative) and Desejo will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith Discussion.

2. Where the representatives of the parties do not resolve the Dispute within five (5) working days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.

3. If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.

4. For the avoidance of doubt, Desejo is free to choose any forum or process in respect of any breach of these Terms and Conditions or law by you.

5. Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.

COMPLAINTS

Any problems that occur whilst accessing this Website should be notified in writing to: contact@desejo.co.nz at the earliest opportunity.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

The materials contained on our Website are protected under copyright and other laws of New Zealand and under international conventions and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published on the Website belongs to Desejo.

The name and logo of Desejo and certain other logos used on the Website are registered trademarks. You are not permitted to use or reproduce or allow anyone else to use or reproduce these trademarks for any reason without our express written permission.

For any material on this Website that is identified as being subject to copyright of a third party, authorisation to use or reproduce such material must be obtained from that copyright holder.

PRIVACY

We collect personal information from you, including information about your name and contact information.

We collect your personal information in order to:

• Answer your enquiries
• Keep you updated about your orders

You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information or to have it corrected, please contact us at contact@desejo.co.nz.

PERSONAL GUARANTEE

In consideration for us agreeing to supply the Goods at your request, where you are a company or trust, the directors and/or trustees and/or the person(s) entering into this contract also enter(s) into this contract in their personal capacity and jointly and severally personally undertake as principal debtors to us the payment of any and all money owed by you to us and indemnify us against non-payment by you.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).