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WEBSITE TERMS & CONDITIONS

 

ABOUT US

The Website is owned and operated by Smith & Caughey's. If you need to contact us please phone 0508 400 500 (Monday – Sunday during store hours) or email us at info@smithandcaugheys.co.nz for general enquiries or at online@smithandcaugheys.co.nz for online enquiries. If you need to contact us outside store hours please do so via email. We will endeavour to respond to all queries within two working days (being any day which is not a Saturday, Sunday or public holiday in Auckland).


1. Online Purchasing

Smith & Caughey’s is pleased to offer online shopping through the Website. Our full range of goods may not be available on the Website. If you cannot find what you are looking for, please contact us by phone, email or visit us in store.
When placing an order on the Website you will have the option of registering an account.  Apart from the benefits you will enjoy by registering for an account (including receiving emails regarding store information, product launches and special deals), your personal information will be stored, saving you the effort of having to enter these details each time you make a purchase.  If you do not wish to take advantage of this feature, please complete your purchase using the Website as a "guest".
If you choose to register an account on the Website you agree to provide true, accurate, current and complete information about yourself, as prompted by the relevant registration form(s) on the Website (including your geographical location and billing address) and to maintain and promptly update the registration information to keep it true, accurate, current and complete. 

If you choose to register an account on the Website you will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Smith & Caughey's of any unauthorised use of your password.

All personal information you provide when registering an account on the Website or making purchases using the Website as a "guest" will be collected in accordance with, and for the express purposes set out in, our Privacy & Security Policy.


2. Making an Order

When you place an order with us using the Website, you are making an offer to buy goods or services on these Terms. We will send you an order confirmation email to confirm that we have received your order at which time we will reserve funds on your credit/debit card. Once we have confirmed that we are able to fulfil your order (either in its’ entirety or partially) and we have processed your order, you will receive a dispatch confirmation email. At this time your order is awaiting collection by our courier. In any instance where we are unable to fulfil your order (either in its’ entirety or partially) we will make contact with you via email. Every effort will be made to order a replenishment item(s) but as some of our products are seasonal, this is not always possible. If we are unable to fulfil your order in its' entirety your credit card will not be charged. 
An order is placed on our Website by adding a product to the shopping cart and proceeding through our checkout process. You will be required to give us delivery details, enter payment information and submit your order. Once the checkout process has been completed, you will be presented with a confirmation page with full details of your order, which you are able to print as a receipt of your order. We will also send you an email with confirmation of your order.
We reserve the right to refuse or cancel any orders that we believe, solely by our own judgment, to be placed for commercial purposes (e.g. any kind of commercial reseller). We also reserve the right to refuse or cancel any orders that we believe, solely by our own judgment, to have been placed fraudulently. We also reserve the right to limit the number of an item customers can purchase in a single transaction.

 
3. Payment Options

Goods displayed on the Website can be purchased using our secure online Visa and MasterCard credit or debit card or American Express credit card transaction facility or with your Smith & Caughey's card.  However, we only accept credit and debit cards issued in the following countries: New Zealand, Australia, United Kingdom, USA or Canada. Smith & Caughey's may contact you directly to verify your credit or debit card details.

Payments with a Credit Card/Debit Card
When you place your order on the Website using a credit card or debit card we will reserve the funds on your card. We will process this payment when your order is dispatched. For this reason, the date of purchase on your credit card or debit card statement may differ from the date on your order confirmation.

Payments with Smith & Caughey’s Cards
When you place your order on the Website using a Smith & Caughey’s card, your Smith & Caughey’s card balance will be reduced immediately.

4. Pricing

All transactions are conducted in New Zealand dollars and include GST. All prices are correct when published. Please note that we reserve the right to alter prices at any time for any reason. Online and in store pricing may differ, including to reflect any sales and promotions specific to either in store or our Website.  Unless expressly stated, sale prices are not available in conjunction with any other offer.

5. Overseas Orders

Except for GST, prices do not include import fees, duties, tariffs, taxes or other imposts of charges which may be payable in respect of orders to be delivered outside of New Zealand.  You will be responsible for any fees, duties, tariffs, taxes or other imposts of charges which are payable in respect of orders to be delivered outside of New Zealand.
The currency converter on the Website shows an indicative price based on exchange rates that are updated on a daily basis. The actual price that you are charged on your credit card or debit card will depend upon the exchange rate used by your bank or credit or debit card provider at the time of purchase, as well as any other fees or charges that your bank may apply. We accept no responsibility or liability in the event that the amount displayed on the currency converter differs from the actual amount you are charged by your bank or credit or debit card provider.

6. Product Images

Every effort has been made to ensure that the images for the products displayed on the Website are as accurate as possible. However, Smith & Caughey’s cannot guarantee that images exactly represent actual products or packaging. We are continuously working on improving the Website and reserve the right to change product images at any time without prior notice.

7. Colours

Every effort has been made to ensure that the colours of our products that appear on the Website are as accurate as possible. However, because the actual colours you see when using the Website depend on the monitor or display interface you are using, Smith & Caughey’s cannot guarantee that the  colours you see will be a completely accurate representation of actual products or packaging.

8. Product Availability

Items featured on the Website but currently only available for purchase in-store will be marked ‘In Store Only’.
If an item has previously been available on the Website but has since sold out, you may be able to place an order using the ‘Place an order for me’ function. If this function is available, we will make contact with you with regards to ordering the product on your behalf.
In the event that an item is no longer available after we have accepted your order, we will contact you directly and ask if you would like a refund or if you would like to wait for stock to come in and continue with your Website order.

9. Website and Credit Card Security

We want you to have a safe and secure shopping experience online. All payments via  the Website are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy.
To help protect your details from unauthorised access, Smith & Caughey's strongly recommends that, where you have registered an account on the Website, you log out each time you finish using the Website, particularly if you are doing so from a public or shared computer.

For security purposes certain transactions may require proof of identification.

10. Delivery

Delivery lead time for products may vary. Each product has a lead time displayed on it indicating when you can expect delivery of your order. If a delivery lead time is not specified, Smith & Caughey's will use its best endeavours to ensure that any product ordered is delivered within a reasonable period. Deliveries to rural addresses may increase delivery times.  We do not accept any liability for any delays in the delivery of any goods ordered through the Website.
You will receive an email, including your order tracking number, confirming that your order has been dispatched.
To ensure successful delivery, please ensure that you provide accurate details of a delivery address (including any business name if shipping to a work address) where someone will be present during business hours to sign for the receipt of your package. We are unable to change any delivery details once an order has been dispatched.
You can track your order in your "Transactions" page under "My Details" (Website registered customers only) or by entering the tracking number emailed to you in the dispatch email into the named courier company's website. If your order does not arrive within the specified timeframe please contact us by phone or by email at online@smithandcaugheys.co.nz.  To ensure that we are able to assist you as quickly as possible, please include your order tracking number in any correspondence.
Property and risk in goods ordered by you from us will pass to you upon delivery of the goods to your specified delivery address for the relevant order.

11. Delivery Destinations and Delivery Charges

View our Delivery Information page for information on the destinations to which we deliver the associated delivery charges and estimated delivery times for items purchased through the Website.

12. Restricted Products

 Some products on the Website carry an age restriction. If a product you have selected is R18, a message will appear in the shopping cart asking you to confirm you are an appropriate age to purchase the item(s). Confirming this means that you are of an eligible age to purchase the selected product(s). You are also agreeing that you are not purchasing the item on behalf of a person who is not the appropriate age.

13. Cancelling your Order

You are able to cancel your order as long as it has not dispatched. You will need to contact customer services by phone on 0508 400 500 or by email at

online@smithandcaugheys.co.nz to cancel your order. You can view the status of your order in the "Transactions" section of "My Details" if you are a Website registered customer and log in online. Customers who are not Website registered customers are able to contact customer services by phone on 0508 400 500 or by email at online@smithandcaugheys.co.nz to find out the status of their order.

14. Refunds and Exchanges

Please visit our Returns Policy for full details on the refunds and exchanges process. Gift cards cannot be returned because the gift card value is activated at the time of purchase. Accordingly, gift cards are non-refundable and cannot be exchanged or redeemed for cash.

15. Gift Card Usage

Prepaid gift cards are redeemable for goods sold at either Smith & Caughey’s store. At this time Smith & Caughey’s gift cards are not redeemable for online purchases using the Website. Lost or stolen cards are the responsibility of the holder. Gift cards cannot be used as payment on Smith & Caughey’s cards. Gift cards expire 24 months after the date on which they were issued. Balance information can be given at any store.

16. Accessing our Website

Other than connecting to the Websites by HTTP requests using a web browser, you may not gain access to the Website servers. You agree not to disrupt, modify or interfere with the Website and its associated software, hardware and servers in any way. You also agree not to modify any content or service on the Website. Furthermore, you agree not to use our Website in any inappropriate or unlawful way.

17. Disclaimer

Our Website is intended to provide general information about Smith & Caughey's and the goods and services we offer, including making purchases via our Website and registering on our database to receive promotional communications from us.
While we endeavour to supply accurate information on this site, errors and omissions may occur. Smith & Caughey’s does not accept any liability to you or any third parties for any loss or damage which may directly or indirectly result from your use of the Website or your access to, or inability to access, the Website. This includes viruses alleged to have been obtained from the Website and your reliance on any advice, opinion, information, representation or omission (whether negligent or otherwise) contained on the Website. By using the Website, you agree that you are using the Website at your own risk and that you are solely responsible for the actions you take in reliance on the content displayed on, or accessed through, the Website.
Smith & Caughey’s reserves the right to make changes to the content on the Website (including deleting or moving any of the material on the Website) at any time and without notice.

18. Intellectual Property

Smith & Caughey’s, in conjunction with its supplier brand and, as applicable, any relevant content supplier is the exclusive owner of all rights in the compilation, design and layout of the Website and all intellectual property on the Website, including without limitation any trade marks, text, graphics and copyright.
Smith & Caughey’s welcomes the use of the Website for personal use, non-commercial use, research or study (provided that the user acknowledges all copyright and other notices contained in the content). However, we advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of the Website without the prior express permission of Smith & Caughey’s.

19. Links to other Websites

Although the Website contains some links to other third party websites, these websites have not been prepared by Smith & Caughey’s and are not under the control of Smith & Caughey’s. The links are provided for convenience only and do not imply that Smith & Caughey’s endorses, checks, or approves of the third party site. Smith & Caughey’s is not responsible for the privacy principles or content of these third party sites. Smith & Caughey’s is not responsible for the availability of any of these links.
Smith & Caughey’s requires that you request our permission to include a link from another website to the Website. If you would like to request permission, please email us at online@smithandcaugheys.co.nz

20. Limitation of Liability

Subject to the provisions of this clause, and in all cases solely to the extent permitted by law, Smith & Caughey's:
a. excludes all warranties, representations and guarantees (whether express, implied or statutory) including, without limitation, as to quality, fitness for purpose, compliance with description or timeliness of delivery of, goods purchased through the Website and as to the accuracy or completeness of the Website or the content accessed through it; and
b. will not be liable for any indirect losses or consequential damages of any kind suffered or incurred by you in connection with your use of the Website.
If you are not acquiring goods or services from Smith & Caughey's for business purposes, you may have rights and remedies under the Consumer Guarantees Act 1993 and other statutes, in which case the above exclusions and limitations (and any other provisions in these Terms which limit or exclude the rights and remedies available to you) will not apply to the extent that they are inconsistent with your rights and remedies under that legislation.  If you are acquiring goods or services from us for business purposes, the Consumer Guarantees Act 1993 will not apply.

21. Force Majeure

Smith & Caughey's will not be responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which was beyond our reasonable control.

22. Governing Law and Jurisdiction

These Terms are governed by, and are to be interpreted in accordance with, the laws of New Zealand and are subject to the exclusive jurisdiction of the courts of New Zealand.

23. Changes to these Terms

Smith & Caughey’s reserves the right to periodically alter, modify or update these Terms and recommends that you check and read these Terms regularly.  By continuing to use the Website after any such amendment of the Terms, you are deemed to have agreed to the amended Terms. We may change these Terms and conditions at any time, so please do not assume that the same Terms will apply to future orders.