Terms and Conditions
- We will deliver the Products to the premises nominated in your Order at your cost within a reasonable time of accepting your Order. We usually specify
5-14 working days for your order to be dispatched from our warehouse, and we will try and have the Products shipped to you by that date. We will not be liable to you for late delivery if shipping delays occur.
- The material and information contained in the website is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an Order. Nothing in the website is to be construed as a recommendation to use any Product.
- To the fullest extent permitted by law, we disclaim all warranties, descriptions, representations or conditions in respect of the Products, whether express or implied, including (without limitation) warranties as to merchantability and fitness for any purpose.
Returns and refunds
- Subject to any rights you may have as a consumer under any statute, the following terms apply to the return of Products.
- Subject to your statutory rights, including under any applicable consumer law, if you change your mind about the Products, we will only accept a return if you lodge a return through the returns sections of our website within 21 days of the date your order was dispatched to you. Subject to these Terms and Conditions, we will then issue you with a Voucher for the value of the Products.
- Subject to your statutory rights, including under any applicable consumer law, if the Products were damaged, defective or faulty at the time of delivery to you, we will replace the Products, or refund your credit card account with a full refund (excluding credit card fees).
- If you receive a Product from us that is different to the one you ordered, we will (at our option) replace the incorrect Product with the correct Product, or refund your credit card account with a full refund (excluding credit card fees).
- Subject to your statutory rights, including under any applicable consumer law, if you wish to return a Product in accordance with clauses 27 to 30 above, please notify us within 21 days of the Products being dispatched from our warehouse. You should contact us through the My Returns section of the website and give details of why you wish to return the Product. We will then issue you with a Return Authorisation Number (RAN).
- You must pay all costs of returning Products to us, however, if we accept the return of damaged or faulty Products, or where we delivered incorrect Products we will provide you with details on how to go about returning the items to us using our paid courier service. In the event that this service is not used, NZ Sale will not be liable for any costs involved in returning the goods to us.
- All Products returned must be in their original condition and packaging, with tags still attached (except for defective or faulty Products) along with any accompanying accessories and documentation. We reserve the right not to accept a return of:
- any CDs and DVDs where you have changed your mind about the Products;
- any Products from which sewn tags or swing tags have been removed; or
- any Products which, when examined or tested by us or our agent, are found not to be not damaged, defective or faulty.
- We will not issue a refund or Voucher before the Products are received by us. If you have any problems regarding your Order or a refund, you may contact us through the Contact section of the website, citing your Order Number.
- Nothing in these Terms and Conditions affect any rights you may have as a “consumer” under any statute.
- To the extent that either the New Zealand Consumer Guarantees Act or the Australian Competition and Consumer Act 2010 applies, you confirm that:
- if you are acquiring the Products for business purposes the New Zealand Consumer Guarantees Act 1993 will not apply;
- if you are acquiring the Products other than for personal, domestic or household use or consumption, then the Australian Competition and Consumer Act 2010 will not apply;
- where you resupply the Products in trade to a person acquiring them for the purposes of a business, then:
- You must include a term in your contract with that person that the Products are being acquired for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply in respect of those Products.
- You must not make any representation in relation to the performance, quality or application of the Products without our prior written approval; and
- You indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions.
Our obligations to you
- Subject to your statutory rights, including under any applicable consumer law, you agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with:
- the supply or non-supply of the Products, for any breach of our obligations under these Terms and Conditions, or for any other reason which relates to these Terms and Conditions or the Products; or
- where you return Products to us, or we or our agents agree to repair any Products,
- your access to or inability to access the website, including any viruses alleged to have been obtained from the website, any computer error, business interruption, or data loss you allege was caused by the website, your use of or reliance on the website or any of the information or materials available on this website.