Terms of service
KITCHENS/PROJECTS
Acceptance of Terms
a. These Terms and Conditions (“Terms”) govern the provision of all kitchen benchtops, cabinets, handles, and associated products and services (“Products”) by The Space is your to you from time to time.
b. By accepting a quote from us for the supply of Products, you are considered to have agreed that such Products are provided subject to these Terms.
Guarantee
Please refer to The Space is your’s guarantee found here.
Except where the Consumer Guarantees Act 1993 applies, no other warranties or guarantees are provided. If you are purchasing Products for business purposes, the provisions of the Consumer Guarantees Act 1993 shall not apply.
b. The space is yours Kitchen’s liability to you is strictly limited to the repair, replacement, or refund of defective Products covered by the above warranty. The space is yours Kitchens shall not be liable for any consequential loss or damage suffered by you.
c. Due to the nature and manufacturing process of the product, doors and panels may display variation in the linear profile. This manufacturing process allows up to 3mm of variation in every 1000mm of length, and so doors and panels over 2000mm in length may display up to 6mm of bow. Panels over these lengths can be secured in multiple locations to alleviate any bowing.
Notification of Defects
a. Upon collection or delivery of Products, it is your responsibility to ensure that all ordered items are present and undamaged. By taking delivery, you accept the Products, and to the maximum extent permitted by law, we will not be liable for any defective Products or missing items.
b. If defects are not immediately apparent upon pick-up, delivery or installation, you must notify us of any defects in Products within 7 working days by contacting your designer or emailing oceane@thespaceisyours.com. To the fullest extent permitted by law, we will not be liable for any defective products if notification is not provided within 7 working days.
Warranty Claims
a. Where a Product is covered under warranty, you must return the faulty item to our business at your cost.
b. We may satisfy our warranty obligations by repairing, replacing, or refunding the defective Product, provided that we shall have no obligation to remedy any damage or defects caused by:
i. Any wilful act or negligence of the customer or any other person other than us or our agents, employees, or subcontractors;
ii. Faulty materials or workmanship other than materials or work supplied by us;
iii. Any force majeure event outside our reasonable control, including, without limitation, fire, explosion, earthquake, subsidence, slips, or other natural disaster;
iv. Any neglect or delay by you in giving us notice of the defect within the time frames specified by these Terms;
v. Design faults, errors, or discrepancies, unless we undertook the design;
vi. Unintended use of the Products by you, or failure by you to maintain the warranted Products in accordance with the stated or recommended instructions or requirements provided by us or the manufacturer.
c. Our maximum liability for any loss, damage, or injury arising from the supply of Products to you is limited as described in this clause.
d. We are not liable for any loss, damage, liability, costs (including legal costs), professional and other expenses incurred by you or another person, whether direct or consequential, except as provided in clause 4(c).
e. If a claim is successful, some items may not be in stock as they may require production. The estimated time of production is variable due to factory conditions and supply chain management.
f. If the claim is successful and freight is required to send the replacements to the consumer, if freight was originally paid for in the original order, The Space is yours will cover the associated costs with freight to the consumer.
Kitchen Design
a. Intellectual Property in all plans, drawings, specifications, and other technical information provided by us in connection with the Products is owned by The space is yours and is otherwise entitled to such Intellectual Property under license.
b. Drawings supplied by us are visual representations of the kitchen and are for decision-making purposes only. They do not represent the final measurements of the kitchen, nor do we take responsibility for the accuracy of the drawings.
c. It is your responsibility to ensure that the drawings conform to any building regulations, codes of practice, or other requirements.
d. If in doubt, seek advice from a qualified professional.
e. It is your responsibility to verify that the Products ordered and purchased are correct and suitable for your intended purpose.
Payment Terms
Upon accepting our quote, the client agrees to our payment terms outlined on our quote & subsequent invoice documents, and/or contract where applicable. All prices and charges are in New Zealand dollars and shall be inclusive of GST.
We reserve the right to make price changes to a quote or withdraw a quote before acceptance.
Deposits are non-refundable if you change your mind or fail to complete your order.
Final stone benchtop prices are verified after the template/site visit has been done. Additional charges may apply for difficult access/installs or travel costs.
Instructions and Modifications to Order
Changes to specification or dimensions, or any other specific instructions relating to your purchase will incur a variation cost at The space is yours's discretion.
Services
The space is yours shall carry out all agreed upon services to complete the project. These terms and conditions prevail unless otherwise varied in writing. The scope of works includes but is not limited to:
• Conceptual drawings providing a visualization of the new kitchen. This may not be an accurate representation of the final kitchen.
• A site measure conducted by The space is yours to acquire final measurements for the kitchen plans.
• A full set of plans, specifications and other technical documentation related to the project.
• Installation of new cabinetry.
• Trade work as necessary, carried out by The space is yours’s preferred professional trades when requested, or by the client’s preferred professional trades.
Materials and products shall be provided by The space is yours or the Client respectively, as is outlined in the project specifications provided. Any changes to the original scope of work shall be quoted by The space is yours as a variation. Upon acceptance, this variation will be invoiced before implementation.
Timeline
Upon acceptance of The space is yours’s quote, The space is yours will provide the Client with an indicative timeline for their project. Any changes to the timeline will be communicated promptly between both parties.
Delivery of goods shall be made at the place indicated in the specifications, or if no place is indicated delivery shall be deemed complete when The space is yours has advised the client that the Goods are available for collection. The space is yours reserves the right to charge storage expenses if the client fails or refuses to take or accept delivery of the Goods within 1 week of completion.
The space is yours’s Kitchen Cabinets are made to order. Production time varies depending on the chosen material. Most jobs are made within 4-8 weeks after the manufacturing payment has been made, as is outlined in the payment terms. Most jobs then take a further 4 weeks to install including the benchtop. The client may contact their Kitchen Designer for a specific timeframe relating to their project.
FURNITURE/HOMEWARES
Guarantee
Please refer to The space is yours’s guarantee found here.
Refunds
Please refer to The space is yours’s Refund Policy found here.
Lead Times
Please refer to The space is yours’s Shipping Policy found here.
Website Overview
This website is operated by The space is yours. Throughout the site, the terms “we”, “us” and “our” refer to The space is yours. The space is yours offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications To Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Third-Party Links
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The space is yours, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless The space is yours and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.