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Terms and Conditions

Terms and Conditions

Last updated: 4 February 2026

These Terms & Conditions (“Terms”) govern your access to and use of the website www.threebrothershamilton.co.nz (the “Site”), operated by Three Brothers Hamilton Limited (“Three Brothers,” “we,” “our,” or “us”). By visiting or using the Site, purchasing any products, or otherwise engaging with us online, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws in New Zealand. If you do not accept these Terms, you must not use the Site.

This document is provided for general informational purposes only and does not constitute legal advice. We recommend obtaining an independent legal review to ensure this content suits your business needs.

 


 

1. Definitions

Customer, you, your — any person or entity accessing the Site, placing an order, or otherwise interacting with Three Brothers.
Goods — building supplies, hardware, timber, panels, or other products advertised or sold by Three Brothers.
Order — any request by you to purchase Goods from us, whether via the Site, by phone, email, or in person.

2. Eligibility & Account Security

To use this Site, you must be 18 years or older, or have the consent of a parent or guardian.
You are responsible for maintaining the confidentiality of any login details and for all activities that occur under your account.
You must provide accurate, current, and complete information, and promptly update it if it changes.

3. Placing Orders

Invitation to treat: All prices, descriptions, and availability information on the Site constitute an invitation to treat, not a binding offer.
Order acceptance: A contract is formed only when we confirm acceptance of your order (for example, by issuing a written confirmation or dispatching the Goods).
Right to refuse: We may refuse, cancel, or limit any order for any reason (e.g. suspected fraud, stock unavailability). If payment has already been taken, we will promptly issue a refund.

4. Pricing & Payment

All prices are in New Zealand dollars (NZD) and include GST.
We take reasonable care to ensure pricing accuracy; however, errors may occur. If a pricing error is identified after you have placed an order, we will notify you and give you the option to reconfirm or cancel.
Accepted payment methods are listed on the Site. Payment is due in full at the time of order unless agreed otherwise in writing.
You are responsible for any bank fees, credit-card charges, or foreign-exchange costs.

5. Delivery, Click & Collect, and Risk

Delivery options, charges, and estimated timeframes are displayed during checkout. Delivery dates are estimates only.
Risk in the Goods passes to you upon delivery or, for Click & Collect orders, upon collection. Title passes only once full payment has cleared.
You must promptly inspect Goods on arrival and notify us of any shortage, damage, or defect within 48 hours.

6. Returns, Refunds & Consumer Rights

Consumer Guarantees Act 1993 (CGA): Nothing in these Terms limits your rights under the CGA or the Fair Trading Act 1986 if you are purchasing for personal, domestic, or household use.
Business purchases: If you are acquiring Goods for business purposes as defined under the CGA, you agree that the CGA does not apply (section 43(2)).
Change-of-mind: We are not required to provide a refund or replacement if you change your mind, but may do so at our discretion (restocking fees may apply).
Faulty Goods: If Goods are faulty or not as described, we will meet our obligations under NZ law to repair, replace, or refund as appropriate.

7. Intellectual Property

All content on the Site—including text, graphics, logos, product images, videos, code, and trademarks—is owned by or licensed to Three Brothers and protected by New Zealand and international intellectual-property laws.
You may view, download, and print portions of the Site for personal, non-commercial use only. You must not copy, modify, reproduce, distribute, or exploit any content without our prior written consent.

8. Acceptable Use & Prohibited Conduct

You agree not to:
– Use the Site for any unlawful purpose or to violate any applicable laws.
– Upload or transmit viruses, malware, or harmful code.
– Engage in data mining, scraping, or automated access of the Site without permission.
– Impersonate any person or entity, or misrepresent your affiliation.
We may suspend or terminate your access if you breach these Terms.

9. Third-Party Links & Tools

The Site may contain links to third-party websites (e.g. Trade Me listings). These are provided for convenience only. We do not control, endorse, or assume responsibility for the content or practices of any third-party sites. Your use of such sites is at your own risk and subject to their terms and policies.

10. Limitation of Liability

To the fullest extent permitted by law, Three Brothers is not liable for any indirect, consequential, incidental, or special damages, including loss of profit, revenue, savings, or data.
Where liability cannot be excluded, it is limited to (at our option) replacement of the Goods, repair of the Goods, or refund of the price paid.
Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under NZ law.

11. Indemnity

You agree to indemnify and hold harmless Three Brothers, its directors, employees, and agents from any claim, loss, or demand (including legal fees) arising from your breach of these Terms, your improper use of the Site, or your violation of any law or third-party right.

12. Privacy

Our collection and use of personal information are governed by our Privacy Policy. By using the Site, you consent to our privacy practices.

13. Force Majeure

We are not liable for any failure or delay in performing our obligations if such failure or delay results from events beyond our reasonable control (including, but not limited to, natural disasters, pandemics, strikes, supply-chain disruptions, or acts of government).

14. Changes to These Terms

We may update these Terms at any time by posting the revised version on the Site and updating the “Last updated” date. Changes apply from the date of posting. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of New Zealand. Any dispute arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the New Zealand courts.

16. Contact Us

For questions about these Terms or any other matter, please contact:
Three Brothers Hamilton Limited
Contact Page
Email: sales@threebrothershamilton.co.nz
Phone: 07 850 9100

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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