PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY
CAREFULLY.
CAREFULLY.
THE CONSUMER GUARANTEES ACT 1993 MAY GIVE YOU RIGHTS IN ADDITION TO YOUR RIGHTS
UNDER THESE TERMS AND CONDITIONS OF SALE.
UNDER THESE TERMS AND CONDITIONS OF SALE.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS
AND CONDITIONS, THEY WILL REPLACE ANY TERMS AND CONDITIONS CONTAINED IN ANY
DOCUMENT USED BY YOU AND PURPORTING TO HAVE CONTRACTUAL EFFECT, AND YOUR
ACCEPTANCE OF ANY GOODS OR SERVICES FROM SHOW TELEVISION LTD OR SOUTHERN CROSS
PROMOTIONS LTD INDICATES YOUR ACCEPTANCE OF THESE TERMS OF TRADE.
AND CONDITIONS, THEY WILL REPLACE ANY TERMS AND CONDITIONS CONTAINED IN ANY
DOCUMENT USED BY YOU AND PURPORTING TO HAVE CONTRACTUAL EFFECT, AND YOUR
ACCEPTANCE OF ANY GOODS OR SERVICES FROM SHOW TELEVISION LTD OR SOUTHERN CROSS
PROMOTIONS LTD INDICATES YOUR ACCEPTANCE OF THESE TERMS OF TRADE.
Terms & Conditions of Sale
1 Contract, Payment and Delivery
- 1.1 A contract for the sale and purchase of goods will only be formed with you if we, in our discretion, accept an order for goods from you. Acceptance will be by way of the delivery to you of the goods that you ordered. We may in our discretion reject an order for goods (in which case we will refund any amounts paid by you in respect of those goods). You may not revoke an order for goods (unless we agree otherwise).
- 1.2 Unless we have agreed with you otherwise, goods will be delivered after you have paid the purchase price in full. If we agree with you that payment will be made by way of periodic instalments, the goods will be delivered after you have paid the first instalment of the purchase price. If we agree to deliver goods to you prior to receiving full payment of the purchase price, title in the goods will not pass to you until the purchase price has been paid in full.
- 1.3 We will deliver the goods to the address agreed upon when you placed your order and at a time determined by us. We will endeavor to agree with you a suitable time period during which the delivery will be made.
- 1.4 If we have agreed with you that payment will be made by way of periodic instalments, then you must make the periodic payments as and when due. If you do not make a periodic payment as and when due, we may charge interest at the rate of 1.25% per month from the date that the payment was due. In addition a debt recovery fee of up to $35.00 may be imposed.
- 2.1 Under NZ consumer law no store is required to give you a refund if you change your mind about a purchase. Show TV however, extends to you the right to return unopened product for store credit, providing it is returned within 30 days from invoice date. An administration fee of $35.00 will apply. There can be no exchange on product that has been opened, used or that is not in a saleable condition.
- 2.2 Any return credit will exclude all shipping and handling charges and the cost of returning product will be entirely at the expense of the purchaser.
- 3.1 Risk of loss or damage to the goods passes to you upon delivery. If the goods have been damaged while in your care for reasons not related to their state or condition when we delivered them to you, we do not have to accept any liability in relation to the goods and will be under no obligation to replace the goods or refund any amount already paid by you for the goods.
- 4.1 Legislation such as the Consumer Guarantees Act 1993 may imply into these Terms and Conditions warranties or conditions or impose obligations which cannot be excluded, restricted or modified and we will comply with such warranties, conditions or obligations.
- 4.2 All other conditions, warranties, representations, liabilities and obligations whether implied or imposed by statute, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description are excluded to the extent permitted by law.
- 4.3 In the event that we breach our obligation referred to in clause 4.1 to the extent allowed by law, our liability is limited to any one or more of the following, at our election:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or acquiring equivalent goods; or
d) The payment of the cost of having the goods repaired
- 4.4 Our total liability under these Terms and Conditions is, to the extent permitted by law, expressed in this clause 4 and we will under no circumstances be liable to you for any loss, damage, liability, expense or cost (whether direct or indirect) incurred by you or any other party resulting directly or indirectly out of the supply by us to you or out of any breach by us of these Terms and Conditions or out of our negligence. In no case should said liabilities exceed the purchase price.
- 4.5 Nothing in these Terms and Conditions shall exclude or modify any conditional warranty implied by law where to do so would render these Terms and Conditions void.