Terms & Conditions
1. Definitions
- “South Pacific” refers to South Pacific Trade & Investment Company Limited.
- “Customer” refers to the purchaser named in this agreement, any person acting on behalf of and with the authority (actual or apparent) of the purchaser, or any person acquiring goods and services from South Pacific.
- “Goods” means all products and services supplied by South Pacific to the Customer, including any fees or charges associated with the supply of those goods or services.
- “Price” means the cost of the Goods as agreed between South Pacific and the Customer, including any disbursements paid by South Pacific to third parties on the Customer’s behalf.
2. Orders Acceptance
- Any verbal or written instructions received by South Pacific from the Customer for the supply of Goods shall constitute acceptance of these Terms & Conditions, including but not limited to online orders.
- Orders received before 12:00 p.m. will be processed as orders placed on the same day. Orders received after 12:00 p.m. will be treated as if placed on the next working day.
- All orders are subject to confirmation by South Pacific. For Customers on a prepaid payment term, orders will only be processed once full payment has been received.
- Confirmed orders for custom-made products (e.g., bed bases and drawer bases) cannot be cancelled once processing has commenced.
- Orders for mattresses and headboards may be cancelled; however, a cancellation fee will apply if no notice is given, or if notice is provided less than one working day prior to the scheduled delivery date.
3. Price
- Prices are subject to change without notice at the sole discretion of South Pacific.
4. Charges and Payment
- Unless otherwise agreed in writing, payment must be made in full, without deduction or set-off, at the time the order is placed. Orders will only be processed once payment is received and cleared in South Pacific’s account.
- Customers with an approved trade account must pay on or before the 20th day of the month following the date of the invoice (the “due date”).
- Customers with trade accounts are also required to ensure that any credit limits are not exceeded. Any overdue amount beyond the agreed credit limit will be subject to the same terms as other overdue payments.
- If payment is not made by the due date, the Customer will be charged interest at a rate of 3% per month or part thereof on the outstanding balance until payment is received in full.
- The Customer shall also be liable for all costs, including legal fees (on a solicitor-client basis), expenses, and disbursements incurred by South Pacific in the enforcement of its rights under this agreement.
- A deposit may be required for the forward orders.
5. Delivery, Risk & Insurance
- All delivery times provided are estimates only and are not guaranteed.
- Delivery Timeframes
Delivery is available within one working day for Bed Base in Charcoal, as well as for mattresses and headboards.
Bed Bases in Grey, Beige, and Black require three working days from the date the order is confirmed.
Drawer Bases require seven working days from the date the order is confirmed.
A 10% surcharge will apply to any urgent delivery requested earlier than the standard processing timeframes stated above.
- Delivery will be made either to the address specified by the Customer or made available for collection from South Pacific’s premises, as agreed.
- Risk in the Goods passes to the Customer upon delivery or collection.
- The Customer is responsible for inspecting the Goods upon delivery and must notify South Pacific of any issues or discrepancies within seven (2) days of receipt.
- An additional charge may apply if the Customer fails to be available at the agreed delivery time and does not provide prior notice of cancellation or rescheduling.
6. Title & Security
- Title and ownership of the Goods shall remain with South Pacific until payment has been received in full.
- In the event that the Customer sells the Goods before full payment is made, the Customer must hold the proceeds of such sale in trust for South Pacific.
- South Pacific reserves the right to register a security interest in the Goods and may repossess them in the event of non-payment or insolvency.
7. General Lien
South Pacific shall have a general lien over all Goods or other property belonging to the Customer that is in South Pacific’s possession for the purpose of securing any and all outstanding amounts owed by the Customer, whether relating to those specific Goods or to other transactions.
If the Customer defaults on payment, South Pacific may, after giving 7 days’ written notice, sell such Goods or property and apply the proceeds towards the outstanding debt, including any reasonable costs incurred in storage, handling, and sale of the Goods.
The existence or enforcement of a general lien does not affect South Pacific’s rights under any personal guarantee signed by the Customer or its directors, which may be enforced separately or in addition to the lien.
