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    Terms and Conditions

    About Us and Overview of Terms

    This website www.whitcoulls.co.nz is owned, operated and administered by Whitcoulls 2011 Limited “we”, “our” or “us”.

    Your use of this website, and purchase of any goods through this website, is governed by the following terms and conditions:


    We have provided this website for your use, subject to all of these terms and conditions.
    Please read these terms and conditions carefully.
    By clicking “I accept” or otherwise accessing and using our website, you agree to be bound by these terms and conditions.
    If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website.

    We reserve the right to

    • remove, suspend or make changes to this website at any time; and 
    • amend these terms and conditions at any time. 
    • You should review these terms and conditions each time you visit the website to ensure you are aware of the current terms and conditions.


    These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If at any time we do not enforce any of these terms and conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

    If you have any questions or concerns in relation to the website or these terms and conditions please contact us.

    General Website Terms and Conditions

    Users outside New Zealand:  Our website is operated by us from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction. New Zealand law applies to all transactions and use of this website.

    Intellectual Property and restrictions on use:  The design of, and content contained within, our website, and each of the various trademarks, product names, company names, logos, corporate identities, characters, book titles, and cover images represented on our website (each an “IP Element”), are intellectual property which is either owned by us or licensed to us by suppliers or other third parties. All rights in images of books or other publications included on the website are reserved by the original copyright owners.

    The website is intended solely for your personal non-commercial use. Any use or distribution of our website and its content for purposes other than personal non-commercial use is prohibited without our prior written permission.

    Neither the website nor any IP Element is to be reproduced, copied, removed, altered, used, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without our express permission.  Nothing contained in this website should be construed as granting any license or right of use of any trademark or other IP Element. You must not incorporate the contents of the website or any part of it in any other work or publication (whether in hard copy, electronic, or any other form, including posting on social media) without our prior written consent.  Without limiting this, you must not systematically extract and/or use any parts or elements of the content of our website and in particular, you must not utilise any data mining, robots or similar data gathering and extraction tools to extract (either once or many times) without our prior written permission. You must not create and/or publish your own database or electronic record that copies or features any content on this website (including our prices and product listings) without our prior written permission.  You must not frame any part of our website material by including advertising or other revenue generating material.

    Website Use:  The website is provided for our customers to use to find out more about our range of products and services. Products and product information displayed on the website do not represent an offer of sale. Products displayed are not available for purchase in all of our stores. To purchase products from us, we invite you to visit one of our stores or submit an offer through our online ordering facility.

    Registration and accounts:  By registering on our website, you consent to receiving marketing, promotional and other material by way of electronic messages from us. . You must ensure that all usernames and passwords required to access our website are kept secure and confidential and you must notify us immediately of any unauthorized use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to our website if we reasonably believe that to be necessary.

    Product Information:  We have made every effort to display the products featured as accurately as possible. The equipment you use to view our website may impact on the display of our products. However measurements provided on our website are approximate only. We do not guarantee that the colour, texture or detail of the product shown on your screen will accurately reflect the actual product.  You may wish to view our product range in store prior to making your purchase decision.  We reserve the right to change any aspect of our product information (including price) at any time without notice.

    Prices:  Prices are displayed in New Zealand dollars, inclusive of goods and services tax (GST). We have made every effort to provide accurate pricing information on our website. In the event of a pricing error on our website, to the maximum extent permitted by law, the website price will not be honoured at our stores. Where the pricing error is reasonably obvious we may cancel any orders through our website.

    Stock Availability:  Products displayed on our website are subject to availability. We endeavour to provide accurate stock availability information on our website, but stock is not updated in real time. Therefore, even if a product is classified as being “in stock” that stock may not be available to purchase at our stores or online.

    Limitation of Liability - Website Use:

    We have made every reasonable effort to ensure the accuracy of information provided on our website, however, errors and omissions may occur. You must check instore if any information is important to you.  If you do not, or if you are a business customer or you use this website for the purposes of a business, then to the maximum extent permitted by law we:

      • exclude all liability, direct or indirect, in relation to the website and for any losses for any reason whatsoever, including loss or damage which may directly or indirectly result from any inaccuracy, advice, opinion, information, representation or omission, contained on this website and any other website linked to this website, whether in contract, tort (including negligence) or otherwise however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity). You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website;
      • make no representations or warranties of any kind, express or implied as to the operation of this website or the accuracy of information, content, materials or products included on this website;.
      • do not guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used and you assume all risk of use of all programs and files on this website, and release us entirely of all responsibility for any consequences of its use;


    Third Party Websites:
      For your convenience we may provide links to third party websites. We are not responsible for the condition or content of those sites. We make no representation or warranties of any kind as to the operation (including privacy and security) or accuracy of information or content on third party websites.  You access those third party websites and/or use the third party’s website's products and services solely at your own risk. To the maximum extent permitted by law, we are not liable for any loss or damage arising from your use of these third party websites or incurred by you from accessing, using, relying on or trading with any third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked website does not imply any endorsement of it by use or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link upon our request.


    Advertising: 
    Any dealings with any third party advertiser appearing on the website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

     

    Terms of Sale
    In addition to the above General Website Terms and Conditions, the following terms and conditions of sale apply to all purchases by you through our website.  By completing a purchase order you are stating that you agree to be bound by all of these terms and conditions.

    Acceptance of Orders:  Dispatch of orders is subject to stock availability and you will be advised if a product is unavailable.  To the maximum extent permitted by law, we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order.

    Prices:  We will charge you the retail price shown on the website at the time you submit your order, together with any additional handling and delivery fees.

    Payment:  You may pay online by credit card (NZ$) and by Whitcoulls Gift Card

    Delivery:  We currently deliver only to New Zealand addresses. You must make sure that the delivery address and receiver’s name for your order is accurate and complete (including any business name if you ask us to deliver to a work address) because we may be unable to change these details once the order has been placed.  We cannot take responsibility for any orders that go missing due to incorrect delivery information provided by you, or because you have not chosen a safe delivery address.  Our delivery information is set out on our Delivery_Information page.  Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you, or, if you are to arrange delivery, when the goods are available for collection by you.  

    You must notify us within 5 days of the dispatch date (as stated in the email we send confirming dispatch) if you have not received an item.  It is your responsibility to take care of the goods when they have been delivered in accordance with the instructions you have given us.


    Returns:
      Any return of goods is subject to our Returns Policy.


    Our Liability to you :
      

    If you buy goods or services from us for personal use, the guarantees set out in the Consumer Guarantees Act 1993 will apply to those goods or services. 

    If you buy goods or services for business use, then we exclude all warranties, representations or conditions in relation to the goods and/or services provided by us implied by law, trade, custom or otherwise and our liability for any claim, damages, loss or expense related to the supply or use of goods or services is limited to the cost paid by you for those goods or services and we will not be liable,  whether in contract, tort (including negligence) or otherwise for any business losses including indirect, consequential or special loss or damage, loss of profits, loss of data, loss of savings and loss of opportunity.

    Whitcoulls Gift Card Terms and Conditions

    • You should treat a Gift Card as if it is cash. If it is lost or stolen, it cannot be replaced or cancelled.
    • Gift Cards have no value until activated at time of purchase.
    • Gift Cards are issued by Whitcoulls 2011 Limited.
    • Gift Cards are redeemable for products (excluding Lotto, gift cards or gift vouchers, or stamps) at Whitcoulls stores and on our website.
    • A Gift Card may not be returned, or redeemed for cash.
    • A Gift Card cannot be reloaded, and unused balances at the expiry date will not be refunded.
    • Any unused value on the Gift Card expires 2 years after date of issue.
    • To use, simply present the Gift Card for full or part payment of goods at the time of purchase. The amount of any purchase will be deducted from the Gift Card.
    • Whitcoulls Gift Cards can be purchased in store and on our website.
    • Whitcoulls is not responsible if a Gift Card is lost, altered, damaged or stolen, or used without permission.
    • Gift Cards will not be refunded or replaced.
    • Gift Card value cannot be redeemed for cash or credited to an account.