​Online Sale Terms

 

1.    General

Carlaw Park Die Hards Limited is the owner and publisher of the content contained in this website (referred to as "our", "us", "we" "CPDH").

Your purchase of goods from this website is subject to these Online Sales Terms (“Sales Terms”), our Terms of Use, Returns Policy, and our Privacy Policy. If you do not accept these Sales Terms, or Terms of Use, or our Privacy Policy, you must refrain from using this website or making a purchase from this website.

In these terms:

(1)    “you”, means anyone who visits or uses this website

(2)    "Order" means an offer made by you in response to an invitation to treat made by us on the website

(3)    “third party” includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by any us, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website.

We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Sales Terms as revised. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Sales Terms.
 

2.    Guests and Registered Users

(1)    You may access or use the website as a ‘guest’ or as a ‘member’.

(2)    To become a member of the website, either Registration On Line or Via Facebook connect you must upon request provide your name and address, telephone number, a valid email address and nominate a password. NB: Once you become a member you automatically OPT in to our members offers and specials that will be emailed to you. YOU can OPT out at any time. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Service Team - 0064 9 239 1991

(3)    You will receive an email from us immediately after you create your membership account. If you have not received such an email within 24 hours, please contact our Customer Service Team - 0064 9 239 1991

(4)    We only permit one membership registration per email address.

(5)    You must not use another members’ account.

(6)    You must keep your password secure and you are responsible for any activity using your membership. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

(7)    If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Customer Service Team - 0064 9 239 1991

(8)    We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
 

3.    Legal Capacity

(1)    You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.

(2)    Any Order or purchase made by you using this website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.

(3)    We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
 

4.    Product Orders

(1)    This website and the information on it constitute an invitation to treat and not an offer to sell or supply products.

(2)    Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or found the item cheaper elsewhere. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order.

(3)    You and we may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(i)    placing an electronic Order for the products using the website;

(ii)    you confirming the Order details in accordance with the procedure on the website;

(iii)    you making payment in full (plus any applicable delivery charges) on the website; and

(iv)    our acceptance of that offer in accordance with these Sales Terms.

(4)    When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the products only when:

(i)    all requirements set out in these Sales Terms have been met;

(ii)    the electronic instruction containing the offer from you enters and is recorded in our database;

(iii)    a record is created and stored in our database; and

(iv)    we receive in our account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(5)    You acknowledge that:

(i)    the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;

(ii)    to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

(iii)    we may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

(iv)    we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(7)    You will receive an email from us immediately after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact Customer Service Team - 0064 9 239 1991

(8)    If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(9)    We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

(10)    We endeavour to ensure that any representations made about stock availabilities are accurate to the last known stock level. You acknowledge that stock availabilities are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.

(11)    We will be deemed to have accepted your Order on issue of a tax invoice to you for the sale or on the fulfilment of your Order.

(12)   Duties & Taxes for International Shipping
By completing your purchase, customers agree that they are responsible for any duties, taxes and brokerage fees that may be applied to their shipment upon receipt of the order and that these fees are not included in the shipping charges assessed by Carlaw Park Die Hards Ltd. Should a customer choose to refuse payment of duties and taxes and have the shipment returned to Carlaw Park Die Hards Ltd, the customer will not be refunded the original shipping charges and will be charged for the return shipping charges to Carlaw Park Die Hards Ltd.

 

5.    Order Enquiries

If you have any query about the progress of your Order please contact the Customer Service Team - 0064 9 239 1991 Please have your Order number handy as shown on the email confirmation.
 

6.    Gift Cards

We are unable to accept any gift card as a payment option for any Order.
 

7.    Price

(1)    Prices shown are in New Zealand dollars and include GST where applicable. Prices may not include delivery and handling charges. We may vary any prices on this website at any time without notice to you.

(2)    Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or our normal ticketed price.

(3)    Images of products shown without any advertised price beside that image are not offered for sale.

(4)    Unless otherwise stated, any accessories, manchester or furnishings shown in any image of products are not included in the price.

(5)    We reserve the right to correct any errors.
 

8.    Payment

(1)    All payments must be made by you in full.

(2)    Payments must be made via the DPS secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched.

(3)    The website employs the latest technology from the DPS secure payment gateway to secure our payment systems.

(4)    To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or DPS account is fraudulently used or is used in an unauthorised manner.

(5)    If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
 

9.    Supply and Delivery

(1)    Subject to your compliance with these Sales Terms and our acceptance of your Order, we will sell and supply the products to you as shown on your Order confirmation.

(2)    Products may not be available for immediate delivery. We will endeavour to deliver your Order to the address you nominate in your Order within twenty (20) days of the date you placed your Order.

(3)    Delivery times may be greater than 10 business days for regional or remote areas.
 

10.    Delivery by Post or Carrier

(1)    The terms of this clause apply where you select to have your goods delivered to a specified address.

(2)    The delivery address must be an address within New Zealand and cannot be a PO Box or a freight forwarding location.

(3)    On our acceptance of your Order, your Order will be dispatched to you to your specified delivery address generally within 10 business days of the date you placed your Order.

(4)    If you Order large or bulky items, we will contact you by telephone or email to arrange with you a suitable time for delivery.

(5)    If you wish to change the delivery date or delivery address you must let the Customer Service Team know at least 48 hours prior to the dispatch of your Order.

(6)    We will use our best endeavours to deliver your Order within any stated time frames for dispatch; however we do not warrant that these time frames will always be met, as many factors may affect these time frames.

(7)    You must advise at the time you place your Order via the website, or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as remote rural locations, restricted access). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees.

(8)    We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
 

11.    Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery.
 

12.    Damaged Products and Acceptable Quality

(1)    If any product ordered by you arrives damaged or is not of acceptable quality you may have:

(a)    legal rights and remedies under the New Zealand Consumer Guarantees Act 1993 (“CGA”); or

(b)    the right to have the product repaired or replaced or to receive a refund of the price paid by you for the product.

(2)    Please choose carefully as we will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected. Please refer to our Returns Policy for more information.

(3)    If your Order arrives damaged or is not of acceptable quality, please contact the Customer Service Team - 0064 9 239 1991 within 24 hours
 

13.    Force Majeure

We will not be liable for any errors or delay in performing any of our obligations 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.
 

14.    Waiver

Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.