1. Fabric Orders

1.1 Our minimum fabric order is one metre for most fabrics.

1.2 We process our orders for stocked goods before 5pm every Friday. Any orders placed after this time will be processed the following week. Orders that come from abroad are placed once a month on the last Friday of the month.

1.3 To help us provide you with a high quality of service you are required to notify us immediately of any change in your name, ownership or address.

1.4 Please note that the finished widths of our Goods are an estimate only, and any differences will be minimal. Please take this into account when placing an order. Vida Textiles will not be responsible for any extra fabric needed due to these minor differences.

1.5 For best results we recommend backing all of our fabrics when used for window treatments

2. Availability

2.1 The Goods advertised are offered for direct purchase. If there are items that are not in stock then the time of arrival may take a little longer. However we will make every effort to ensure that your order is processed as quickly as possible.

2.2 For our Organic Basics range please allow for 7 -14 days shipping time.

For Ink and Spindle textiles please allow 2 -4 weeks to print your order, plus shipping times.

For Marina Cavalieri textiles please allow 4-6 weeks, plus shipping times.

For our Artist Collective please allow a week for delivery.

Ink and Spindle and Marina Cavalieri are small, boutique operations so these times will vary depending on their current workload and schedules.

2.3 All offers to supply Goods are made in good faith in accordance with the circumstances applying on the date of quotation. If for any reason whatsoever, the Goods are not available or not available in sufficient quantities, we will not be liable for any loss sustained by you due to our inability to supply Goods as quoted.

2.4 You are responsible for ensuring the accuracy of any order submitted by you and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform our obligations under these Terms of Sale.

2.5 To reduce any inaccuracies we will try to confirm your order within 48 hours of receipt. If you have not received acknowledgement within this time, please contact Vida Textiles and let us know.

3. Delivery, Shipping and Cancellations

3.2 We will arrange delivery to the address you have nominated. Normal delivery time is anywhere within 1 – 6 weeks of processing your payment and order (please refer to the availability section above). This timeframe is subject to delays which may occur that are beyond our control.

3.3 Any order of fabric under 5 metres will be folded. This saves on the cost of freight and helps to reduce our energy resources.

3.4 If for any reason part or all of your order is out of stock, you will be notified before any Goods are sent or before proceeding with your order.

3.5 If you have signed for an item as delivered in good condition, we cannot reimburse you if you then discover that it has been damaged in transportation. We understand that it is not always feasible to check the contents of a parcel before signing. Please ensure that you write “Possibly damaged” next to your signature.

3.6 If you would like to cancel or change an order, we need written notice from you within 24 hours of the order being placed. Orders may not be cancelled or varied by you without our prior approval in writing.

3.7 If you cancel, vary or postpone an order without approval or outside this timeframe we shall be entitled to recover all costs accrued and/or incurred up to the date upon which we receive notice of such cancellation.

3.8 You will not be able to change or cancel an order if the fabric has already been cut.

4. Payment and Price

4.1 You will pay to us the price for the Goods as set out in our invoice to you. Verification of price will be given when we receive your order.

4.2  For purchases via the website, all prices include GST unless otherwise stated.  For wholesale customers any prices quoted exclude GST and shipping within New Zealand unless otherwise stated.

4.3 Unless otherwise specified, all amounts are in New Zealand dollars.

4.4 We reserve the right to change our prices without notice.

5. Returns and Warranties

5.1 If you wish to make a claim or return of Goods you must do so in writing within 14 days from the date of the goods being delivered.

5.2 No returns of Goods will be accepted, no claim or liability will be accepted and no disputes will be entered into unless the return is made and notice of the dispute or claim or of any defect is given to us in writing 14 days from the date of delivery of the Goods.

5.3 When the returned goods are received we will send you verification. Please allow up to 14 days from the date of receiving the returned Goods for us to process your refund. We will give you a full refund of the amount paid for the Goods or an exchange credit as required (minus a 20% handling fee in either case).

5.4 Please take into account that the natural dying and weaving process can cause irregularities in the fabric. For instance, infrequent white speckling or minor differences in shading. If an irregularity falls within the bounds of normal commercial tolerance, we will not accept returns. Neither will we accept returns on slight colour difference. For this reason we encourage customers to order a sample swatch, which we will deduct from your following purchase if the following purchase is made within 14 days.

5.5 With our hand printed fabrics there may be natural variations in the print quality characteristic of this process. If the print quality is deemed by us to be substandard you will receive a printing discount, however no compensation will be provided for supplied basecloth.

5.6 The right to return Goods to us will not apply in any event that the product has been used or in any event that the product was damaged during transportation but signed for upon receipt as in good condition.

5.7 We will only accept returns for uncut or undamaged bolts or rolls.

5.8 Goods being returned must be wrapped carefully so that there is no damage caused during shipping or delivery of the returned Goods.

5.9 We shall not be liable for any damage or loss arising from any failure to deliver, or delay in delivery of the Goods caused by events beyond our control.

5.10 Our liability is limited to the original invoice value of the Goods.

5.11 In no case will we be liable for indirect or consequential loss or damage of any kind.

6. Risk and Insurance

6.1 Notwithstanding that ownership in the Goods may not have passed to you, risk in the Goods will pass to you when Goods are delivered to you or into the custody of a party acting on behalf of you, and you will be obliged to insure the Goods from the time of delivery and you must note our interest in the Goods on any insurance policy.

7. Privacy

7.1 Any information collected is maintained in a secure and safe environment. Vida Textiles considers all client details as private.

7.2 Unless, in the event of default, you authorise us and third parties acting as our agent to supply and disclose appropriate information about you to obtain payment. You may view and correct this information.


8. Trade Terms Agreement

8.1 Terms

8.1.1 We agree to sell and you agree to buy the Goods as defined in the Application for Trade Account.

8.1.2 The parties agree that the agreement created by these Terms and Conditions of Sale will apply to all Goods supplied by us to you in the future and that all transactions between us will be subject to these Terms and Conditions of Sale.

8.1.3 All notices shall be in writing, and sent to the addresses set out in the Application for a Trade Account.

8.1.4 To open a trade account, you will need to complete our Trade Terms Application.

8.2 Payment

8.2.1 Full Payment is due within 7 days of receipt of goods and date of invoice, other than terms agreed upon with prior arrangement.

8.2.2 Deposits: for any orders involving 15 metres of more of fabric a deposit may be required

9. General

9.1 Governing Law: These Terms and Conditions of Sale will be governed by the laws of New Zealand and New Zealand Courts will have non-exclusive jurisdiction.

9.2 Remedies: You must pay to Vida Textiles all legal fees, costs, charges and disbursements (including costs as between solicitor and own client) sustained by or incurred by or charged to us in obtaining or attempting to obtain payment of all or any part of the monies payable by you in terms of this agreement, including enforcing or attempting to enforce any remedy or power expressed or implied in this agreement.

9.3 Dispute Resolution: The parties shall, in the event that any problem arises with the interpretation or implementation of these Terms and Conditions of Sale first refer any disputes to a mediator to be appointed by the parties before resorting to litigation.

9.4 Force Majeure: Either party’s failure to perform any term or condition of these terms of sale as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms and Conditions of Sale.

9.5 Variation: We may vary these terms of sale at any time by reasonable notice.

9.6 More than one party: Where you comprise more than one party, these terms and your obligations under them apply to each party jointly and severally.

9.7 Entire Agreement: These Terms and Conditions of Sale, together with the Application for Trading Account, represent the entire agreement of the parties and supersede all prior negotiations and agreements as to the subject matter of these Terms and Conditions of Sale.

9.8 Guarantee: If at any time we supply goods to you on credit, we may require you and, if you are a company, your directors, to give a guarantee.

Verdant Design Ltd trading as VIDA TEXTILES