Sales Terms For Consumer Customers

1. If you are making a purchase from our Websites and Platforms and our Stores and Services ofgoods or services of a kind ordinarily purchased for personal, domestic or household use orconsumption and if you do not purchase the goods or services, or hold yourself out as acquiringthe goods or services, for the purpose of:
(a) resupplying them in trade; or
(b) consuming them in the course of a process of production or manufacture; or
(c) in the case of goods, repairing or treating in trade other goods or fixtures on land,then you are our Consumer Customer and our Sales Terms for Consumer Customers shall apply.

2. If you are making a purchase of goods or services from our Websites and Platforms and ourStores and Services for business purposes as defined in sections 2 and 43 of the ConsumerGuarantees Act 1993 (“CGA”), you agree that the consumer guarantees provided for in the CGAwill not apply to the supply of those goods or services. You are our Commercial Customer and ourSales Terms for Consumer Customers do not apply. Please refer to our Sales Terms forCommercial Customers.

3. YOU MAKE AN OFFER: Our Websites and Platforms, our Stores and Services and theinformation on them constitute an invitation to treat and not an offer to sell or supply goods orservices. In other words, when you submit an Order to us, you are making an offer to buy thosegoods or services in accordance with the Terms.
(a) You and we may enter into a contract for the sale and supply of goods or services by youmaking an offer via our Websites and Platforms and our Stores and Services to purchasegoods or services at the price advertised on our Websites and Platforms and our Stores andServices by placing an Order (including giving us delivery and any other relevant details foryour Order, including entering payment information and submitting your Order) and youmaking payment in full (plus any applicable delivery charges) on our Websites and Platformsand our Stores and Services and we receiving a confirmation of that payment is received byour database and our acceptance of that offer in accordance with our Sales Terms forConsumer Customers.
(b) We may, in our sole and absolute discretion, accept or reject any Order (in whole or in part)made by you for any reason (or no reason), including an error in the advertised price for, ordescription of, the goods or services on our Websites and Platforms and our Stores andServices, an error in your Order, any Order we believe, in our sole judgement, to have beenplaced fraudulently or in an effort to supply trade re-sale.
(c) If your Order is not accepted by us, we will notify you by telephone or email and arrange for afull refund of any payment made by you to be processed.
(d) We will be deemed to have accepted your Order when your Order is delivered to yourspecified delivery address or on collection of your Order from us.

(a) the transmission of your offer or the confirmation of any payment, made through an electronicinstruction may not be received by us for reasons beyond either party’s control including, butnot limited to, electronic failure, mechanical, software, computer, or telecommunications, orthe omission or failure of third party Websites and Platforms providers or systems;
(b) to the extent permitted by law, we are not liable to you in any way for any loss or damage atall however caused, arising directly or indirectly in connection with the transmission of anelectronic instruction through the website, or any failure to receive an electronic instruction forwhatever reason;
(c) we may act on and process all completed electronic instructions transmitted or issued throughthe Websites and Platforms without further consent from or reference to you; and
(d) we may treat an electronic instruction as authentic and is under no obligation to investigatethe authenticity or authority of persons issuing or transmitting such electronic instructions, orto verify the accuracy and completeness of such electronic instructions.

5. STOCK MAY NOT BE AVAILABLE: You acknowledge that stock availabilities are subject tochange. If we cannot supply a particular good or service, we will notify you by telephone or emailas soon as possible.

6. IF YOU HAVE ANY QUERIES: If you have any query about the progress of your Order, pleasecontact us by phone or email.

7. PRICE MAY NOT BE CURRENT AND SUBJECT TO CHANGES: Please refer to our HeadAgreement for more details.

(a) All payments must be made by you in full.
(b) You must pay by cash, credit or debit card. Visa and Mastercard are accepted for alltransactions, but Diner, American Express and/or Union Pay cards may or may not beaccepted.
(c) Payments must be made via the facilities accessible via our Websites and Platforms and ourStores and Services and will be subject to any terms and conditions of these providers or byauthorising us to charge your credit card account for the total price of the goods ordered andthe applicable delivery fees at the time the goods are dispatched.
(d) To the extent permitted by law, we will not be responsible for any damages or consequentiallosses (whether direct or indirect) suffered by you where a credit or debit card is fraudulentlyused or is used in an unauthorised manner.
(e) If there is a problem with your payment (for example, if your credit card transaction isdeclined), we may contact you to make alternative payment arrangements. You will be liablefor all debt collection costs where you fail to make payment for any Order when payment isdue.

(a) Goods or services may not be available for immediate delivery. We will endeavour to deliveryour Order to the address you nominate in your Order within twenty (20) Working Days of thedate you placed your Order, subject to clauses 9(b) and 9 (c) below.
(b) Some items are not held in stock and will be required to be ordered. You acknowledge andagree that your Order for any such item may take up to sixty (60) Working Days to bedelivered to you from the date you placed your Order. We will contact you on or about thetime we receive your Order to notify you of the indicative delivery date.
(c) Delivery times may be greater than twenty (20) Working Days for regional or remote areas.
(d) If we give you notice that it will be unable to deliver your Order within the timeframe set out inclauses 9(a), 9(b) and 9(c) above due to lack of stock or for any other reason you may cancelyour Order without charge, and we will, upon request to us, arrange for a full refund of anypayment made by you for that Order to be processed.

(a) The terms of this clause apply where you select to have your goods delivered to a specifiedaddress.
(b) The delivery address must be an address within New Zealand and cannot be a PO Box or afreight forwarding location.
(c) On receipt of your Order, your Order will be dispatched to you to your specified deliveryaddress in accordance with clause 9.
(d) If you Order large or bulky items, we will contact you by telephone or email to arrange withyou a suitable time for delivery.
(e) You will be required to be available in person to accept all deliveries.
(f) If you wish to change the delivery date or delivery address you must let us know at least 48hours prior to the dispatch of your Order.
(g) We will use our best endeavours to deliver your Order within any stated timeframes fordispatch; however we do not warrant that these timeframes will always be met, as manyfactors may affect these timeframes.
(h) You must advise at the time you place your Order via our Websites and Platforms and ourStores and Services, or later when you discuss delivery with us, of any difficulties that may beinvolved in the delivery (such as remote rural locations, restricted access, stairs or narrowentries). If you do not state the situation correctly and on arrival the delivery contractor deemsit to be a difficult location you will be liable for any extra charges including redelivery fees andthe cost of an extra person to assist.
(i) We cannot accept responsibility for delivery failures or delays by our third party deliverycontractor.

(a) The terms of this clause apply where you select to collect your Order from a store.
(b) If you select to collect your goods from us, we will contact you by telephone or email to notifyyou when the Order is available for collection.
(c) Orders for collection at a store must be collected within five (5) Working Days of us giving younotice by telephone or by email that your Order is available for collection. If your Order is notcollected within this time, the relevant store has the right to allocate those goods to anothercustomer and reorder the goods for you.
(d) The person who collects the goods must provide photo identification and present the creditcard used for the transaction.

12. TITLE AND RISK IN GOODS: Title and risk in the goods, such as loss and damage, pass to youon delivery.

13. RETURNS AND REFUNDS: Please refer to our Returns Policy for more information.

14. PRIVACY AND PERSONAL INFORMATION: The privacy of your personal information isimportant to us. Please refer to our Privacy Policy for more information.

15. DISCLAIMER AND INDEMNITY: Please refer to our disclaimer in the Head Agreement.

16. FORCE MAJEURE: We will not be liable for any errors or delay in performing any of ourobligations if such errors or delay is caused by circumstances beyond our reasonable control,including but not limited to, a failure of or interruption relating to the Internet, electricity supply,bank payment systems or postal deliveries.

17. TRANSFER AND ASSIGNMENT: If we merge, sell or otherwise change control of our business orour Websites and Platforms and our Stores and Services to a third-party, we reserve the right,without giving notice or seeking consent, to transfer or assign the personal information, contentand rights that we have collected from you and any agreements it has made with you.

18. WAIVER: Our failure to exercise or enforce any right or provision under our Sales Terms forConsumer Customers will not constitute a waiver of such right or provision. Any waiver of anyprovision under our Sales Terms for Consumer Customers will only be effective if it is in writingand signed by us.

Address: 333 Sandringham Road, Sandringham, Auckland      Tel: 09 2227088      Fax: 09 5798188      Email:
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