| 1. | Terms of use of Whatsonsale Website |
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| 1.1 | The following record the terms on which the Website owned and operated by Whatsonsale Limited at www.whatsonsale.co.nz is available for use. |
| 1.2 | These terms of use (and any later changes to them) cover all use of the Website by you and all services that are offered by Whatsonsale via the Website. |
| 1.3 | You will be deemed to have accepted these terms when you sign up to join Whatsonsale and click the box which reads "Yes, I have read Whatsonsale terms and conditions". |
| 1.4 | You will also reconfirm your acceptance of these terms (and any later changes to them that apply at the time) every time you confirm your order to buy a Product via the Website. |
| 1.5 | If you do not accept these terms then your option is not to use the Website or make any purchases via it. |
| 1.6 | The parties to this agreement are Whatsonsale and you. |
| 1.7 | These terms also are intended to record rights and obligations as between you and each Retailer from which you may buy Products via the Site. |
| 1.8 | A reference to these terms of use includes any other associated policies of Whatsonsale posted on the Website. |
| 1.9 |
You acknowledge that you have read and accept the associated documents:
- Whatsonsale's Delivery Policy
- Whatsonsale's Returns Policy
- Whatsonsale's Disputes Policy
- Whatsonsale's Privacy Policy.
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| 2. | Changes to these terms |
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| 2.1 | These terms may be changed entirely or partially by Whatsonsale from time to time.Any changes to these terms will be posted on the Whatsonsale Website and will be effective from the time that they are posted on the Website. |
| 2.2 | It is your responsibility to keep up to date with any changes to these terms.By continuing to use Whatsonsale and making purchases via the Website you will be deemed to have confirmed your acceptance of any changes that apply at the relevant time. |
| 3. | Definitions |
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| 3.1 |
The following expressions have the following meanings in these terms of use unless the context requires otherwise:
- "You or your" means you as the user of the Website.
- "Product" or "Products" means a Product or Products listed as available for you to purchase from a Retailer via the Website.
- "Retailer" means any legal entity offering Products for sale to you via the Website.
- “Whatsonsale”, “we”, “us” and “our” means WhatsOnSale Limited.
- "Website” means this Website currently available at the URL Whatsonsale.co.nz.
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| 4. | Only available in New Zealand |
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| 4.1 | Whatsonsale only lists Products from New Zealand based Retailers. |
| 4.2 | All prices are in New Zealand dollars. |
| 4.3 | Products purchased via the Website will only be delivered within the North and South Island of New Zealand. |
| 5. | Registration |
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| 5.1 | You must join Whatsonsale as a registered user to be entitled to purchase Products via the Website. |
| 5.2 |
When you register we will ask you for the following information so that we can administer things that happen via the website and communicate with you about the Whatsonsale business:
- Your Name;
- Address;
- Date of birth;
- Phone number; and
- Email address.
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| 5.3 | Products can only be purchased via the Website by using a Visa or MasterCard credit card that has been issued by a New Zealand trading bank. |
| 5.4 |
You must:
- Be over 18 years of age;
- Live at the address that you provide; and
- Hold a Visa or MasterCard credit card account in your own name to be entitled to become a registered user of the Website.
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| 5.5 | If you change any of your contact details you should update your registration. |
| 6. | Buying through Whatsonsale |
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| 6.1 | Whatsonsale provides a service for you to view Products on the Website by a Retailer and to buy those Products from that Retailer. |
| 6.2 | The agreement to purchase the Product is made directly between you and the Retailer.It is the Retailer which sells the Product to you. |
| 6.3 | Whatsonsale only facilitates transactions relating to the sale and purchase of Products.Whatsonsale is never the person selling any Products to you and is not your agent or the Retailers' agent. |
| 6.4 | Retailers' activities relating to selling Products are governed by the laws of New Zealand.Whatsonsale requires all Retailers who list Products on the Site to act in good faith. |
| 6.5 | All information relating to Products is provided by the Retailer who listed the Product and not Whatsonsale. |
| 6.6 | Each Retailer is responsible for setting its own policies for delivery, returns and rejection of Products.Each Retailer will provide details on the specific Product Details webpage and/ or on the Retailer's Profile webpage as appropriate. You should check those details before confirming any order to buy a Product. Our general Delivery and Returns Policies are set out at link to policies. |
| 6.7 | When you confirm an order to buy a Product via the Website you are committing to buy the Product from the Retailer.You are also authorising Whatsonsale to debit your credit card with the purchase price. |
| 6.8 | The price and other terms and conditions relevant to the purchase of the Product are ascertained, as appropriate, by reference to these Terms of Use, the specific content of the Retailer's Profile webpage and the content of the specific Product Details webpage. You accept those terms and conditions by clicking the box which reads "Yes, I have read Whatsonsale terms and conditions." |
| 6.9 |
If there is a conflict between the content of the Whatsonsale Terms of Conditions, the specific content of the Retailer's Profile webpage and the content of the specific Product listing webpage the conflict will be resolved in the following manner.
- No other terms may be less favourable to you than the content of the Whatsonsale Terms of Conditions;
- Provided that the requirement in clause 6.9.a is met;
- The content of the Retailer's Profile webpage will take priority over the Whatsonsale Terms of Conditions; and
- The content of the specific Product Details webpage will take priority over the content of the Retailer's Profile webpage.
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| 6.10 | Once you confirm an order to buy a Product via the Website and Whatsonsale receives confirmation from DPS that the Customer's credit card payment has been authorised the Retailer will be notified of your order by Whatsonsale.The Retailer will be obliged to sell you that Product for the price and on the terms and conditions referred to above. |
| 6.11 | The Retailer is solely responsible to you for all purchases of Products from the Retailer via the Website.If you do have a problem with a purchase your rights about how to solve it are against the Retailer and not Whatsonsale. |
| 6.12 | Whatsonsale wants your purchases via the Website to work well.To help achieve that goal, you can also contact Whatsonsale to ask us to assist to facilitate a resolution to a problem but you must understand that in a legal sense, Whatsonsale has no legal obligation to do so. |
| 6.13 | Whatsonsale's Disputes Policy is located below. |
| 7. | Products and Information |
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| 7.1 | The Retailer is solely responsible for all information on the Website about the Retailer and any Product listed on the Website by the Retailer. |
| 7.2 | If the Retailer's terms of sale for a particular product are different in any way from those shown on the Retailer's Profile webpage the Retailer must clearly state those differences within the "Product Details" field of the specific product details webpage. |
| 7.3 |
If a Retailer also offers any additional specific warranty or insurance with a Product, the Retailer may provide information about that within the "Product Description" field of the specific product details webpage.
- You will need to contact the Retailer directly to obtain that extra warranty or insurance. Contact details and an explanation of the steps the Customer needs to take to acquire the additional warranty or insurance will be included in the specific product details webpage.
- Whatsonsale does not yet offer a facility to allow Retailers to sell you additional warranties or insurances through the Website.
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| 7.4 | Whatsonsale does not provide any information on the Website about a Product or a Retailer. Whatsonsale does not make any warranty or representation that any information on the Website is accurate or reliable or that a Product is available at any specific time that information about it is viewable on the Website. |
| 7.5 | If other reviews or specifications about Products appear on any other parts of the Website they will be provided by the Retailer or other third parties.Whatsonsale will not be responsible to the Retailer for any such information at any time. |
| 8. | Price |
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| 8.1 | The price stated by the Retailer for a Product includes GST. |
| 8.2 | The price might change during the time that a Product is listed on the website.The price that applies to you will be the price that applies at the time that you confirm you order to buy.You therefore need to check the price before ordering. |
| 8.3 | In most cases the price also includes the full cost of delivery from the Retailer to you.This might not be the case for some items that are large or have some other special delivery requirement.If the cost of delivery isn't included in the price it is up to the Retailer to explain what additional delivery costs will apply in the specific Product details webpage. |
| 8.4 | The Retailer may list Products for sale on the basis that the price includes delivery only to locations specified in the listing.This information will be stated on the specific product details webpage. |
| 8.5 | If the information relating to the Product shows a "recommended retail price" as well as a listed price, the "recommended retail price" will be the current price recommended for retail sales of the Product in New Zealand by the manufacturer or distributor of the Product.It will not necessarily be the price that the Product is available for sale at the Retailer's physical store. |
| 8.6 | All pricing information is provided by the Retailer and not Whatsonsale. Whatsonsale does not make any warranty or representation that any information relating to the price of Products obtainable from the Website is accurate or reliable or that the price is current at any specific time that it is viewable on the Website. |
| 9. | Payments |
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| 9.1 | Payments for Products bought by you via the Website must be made by either Visa or MasterCard credit cards that have been issued by a trading bank registered in New Zealand. |
| 9.2 | Whatsonsale is registered as a merchant with Westpac New Zealand Limited. When you confirm an order to buy a Product you authorise Whatsonsale to electronically debit your credit card with the purchase price. |
| 9.3 | The electronic payment transaction is handled by DPS Limited.DPS Limited is a secure payment service provider.DPS Limited is Visa AIS (Account Information Standard) and MasterCard SDP (Site Data Protection), commonly encompassed as PCIDSS - (Payment Card Industry Data Security Standard) certified. |
| 9.4 | DPS Hosted Solutions provide the end user with encrypted (SSL) payment pages to assist to protect the security of your data.You can see DPS' privacy policy at its website www.paymentexpress.com. |
| 9.5 | The information which you enter onto the Website to authorise a payment from your credit card to purchase a Product will be sent to DPS Limited.Some parts of the information such as your name, delivery address and the price are made available to Whatsonsale.Your credit card details are only received and held in a secure way by DPS Limited. |
| 9.6 | Neither Whatsonsale nor any Retailer receives your credit card number through this process. |
| 9.7 | If your credit card transaction is declined or in any other way dishonoured by Visa, or MasterCard or your bank, your order to buy Products will automatically be treated as void and will be cancelled. |
| 9.8 |
When Whatsonsale receives confirmation from DPS that the your credit card payment has been authorised Whatsonsale will:
- Email the Retailer notice of the order. The email will include:
- The Product ordered by you;
- The price;
- The delivery details specified by you,
- Your name and contact details.
- Email you with details of:
- The Products ordered by you;
- The price;
- The relevant Retailer for each Product;
- The delivery details specified by you,
- Your name and contact details.
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| 9.9 | Your payment will initially electronically be credited to a merchant clearing account in Whatsonsale’s name (which is currently with Westpac) and then later forwarded to the relevant Retailer. |
| 9.10 |
If you have bought several Products from different Retailers at the same time, Whatsonsale handles the distribution of the purchase price to each relevant Retailer.
- For that reason your credit card statement will show one item for the total value of all Products purchased by you at one time listed as a payment to Whatsonsale.
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| 9.11 | Your purchase is still from the Retailer.All of your sales dockets, invoices and receipting information will be provided by the Retailer. |
| 9.12 | Once your credit card payment is authorised and made through the electronic banking system to the Whatsonsale merchant clearing account, you and the Retailer will treat the payment as immediate payment to the Retailer unless the payment is later reversed or dishonoured for any reason. |
| 9.13 | From the time your payment is authorised by you, any claims that you may have for a refund of the purchase price for a Product for any reason are claims directly against the relevant Retailer and are never against Whatsonsale. |
| 9.14 | If the Customer wants Whatsonsale to become involved in facilitating the resolution of any problem of the sort referred to in Whatsonsale’s disputes policy, the Customer must contact Whatsonsale directly as soon as possible after the Customer has authorised a payment. Whatsonsale's Disputes Policy will apply. |
| 9.15 | Whatsonsale does not hold any money in its merchant clearing account on trust for you or in any other way on your behalf.You do not have any claim of any sort to any money held in the Whatsonsale merchant clearing account at any time and will not in any circumstances acquire a security interest in respect of that money or any other asset of Whatsonsale. |
| 10. | Delivery |
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| 10.1 | The Retailer is solely responsible for the delivery of Products that you buy through the Website. |
| 10.2 | The Retailer must comply with Whatsonsale's Delivery Policy and all aspects of the delivery information the Retailer includes in the relevant Product listing webpage and the Retailers' profile webpage. |
| 11. | Product availability |
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| 11.1 | The Whatsonsale system incorporates measures to assist to make sure you cannot make an order for Products from a Retailer that are no longer available. |
| 11.2 | Whatsonsale does not warrant that Products listed on the Website will always be available for sale even if you have confirmed an order to buy a Product. |
| 11.3 |
If Whatsonsale becomes aware that a Product is not available for sale or delivery for any reason once you have confirmed an order to buy a Product, you authorise Whatsonsale to take steps to cancel the order and credit the purchase price to your credit card if Whatsonsale still holds funds in its merchant clearing account that have been received from you for that transaction.This authority does not however create any obligation on Whatsonsale to take this step on any particular occasion. At no time will you have any claim against Whatsonsale and Whatsonsale will have no liability to you.Your claim for a refund at all times remains against the Retailer.
- If that occurs the transaction will be at an end and no further liability will exist between you and the Retailer.
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| 12. | Items that are not available |
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| 12.1 | At this stage, the following items are not available for sale on the Whatsonsale Website: R18 & Firearms |
| 12.2 | Some of these items may become available in the near future and we will keep you informed through the Website. |
| 13. | Your use of Whatsonsale |
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| 13.1 | You agree to only use the Website, the information available on the Website and the purchase facilities that we provide via it for the purposes that we have intended them to be used.Without limiting those purposes, most are described on the Website. |
| 13.2 | You will comply with all laws relating to the purchase and use of a Product bought by you via the Website. If you buy anything via the Website that can only be used under licence granted by a third party, you will take all necessary steps to acquire that licence. |
| 13.3 | You will not attempt to modify / create links to or from the Website to any other URL. |
| 13.4 | You will not attempt to copy any information available on the Website or transmit it to any other person without our authority. |
| 13.5 | You will not attempt to interfere with the operation of the Website or modify the Website in any way.You may not use a robot, spider, scraper or other automated means to access the Website or information contained on the Website.You must not damage or interfere or attempt to damage or interfere with the Website or any of the systems or networks associated with it. |
| 13.6 |
You promise that:
- All information that you provide to Whatsonsale about yourself is correct.
- You are over 18 years of age and are legally able to enter into contracts on your own behalf.
- You have legal authority to authorise payments from the credit card that you provide details about to authorise a payment via the Website.
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| 13.7 | You agree to comply with any other requirements that Whatsonsale may impose from time to time relating to the use of the Website and transactions available via the Website and you will comply with all relevant laws. |
| 13.8 | You acknowledge and agree that Whatsonsale will monitor use of the Website by you and may contract other service providers on its behalf to do so. |
| 13.9 | You acknowledge and agree that if Whatsonsale believes it necessary it may report activities carried out by you relating to the Website, to owners of intellectual property if it believes you may have breached their rights, or to relevant law enforcement agencies. |
| 14. | Restriction of your access to use the Website at any time |
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| 14.1 | Whatsonsale may restrict or prevent your access to or use of the Website at any time. |
| 14.2 | Whatsonsale may change the way that the Website and the transactions available via it operate, the content of the Website and the services provided by Whatsonsale at any time. |
| 14.3 | Whatsonsale may terminate the operation of the Website, the transactions available via it and the services provided by Whatsonsale at any time. Whatsonsale's disclaimers and exclusions of liability will nevertheless survive any such termination. |
| 15. | Control of your registration information |
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| 15.1 | It is essential that you retain control of all information which allows you or anyone else to log on to the Website using your details including your credit card information. |
| 15.2 | It is entirely your responsibility to keep that information confidential.You must not give any such information to any other person or allow any other person to log on to the Website using your registration details.If you do so you will remain entirely responsible for all actions that other person may take. |
| 15.3 | If you believe that anyone else may have obtained access to your password, you must change your password immediately. |
| 15.4 | You accept that all use of the Website, the transactions available via the Website and any other services provided by Whatsonsale are entirely at your own risk.You have made your own assessment about using the Website and making purchases of Products via the Website and have satisfied yourself that you are prepared to use the Website and those services before confirming these terms of use. |
| 15.5 | Whatsonsale does not guarantee that the Website will not contain any errors or defects or that the Website or the services provided from this Website will be uninterrupted. |
| 16. | Intellectual Property |
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| 16.1 |
Intellectual property in this Website including:
- The structure and format of the Website;
- All works of the types referred to in section 14(1) of the Copyright Act 1994;
- All other story and content elements however conveyed (including written, dramatic, illustrated, storyboard, film, moving image, animation and web design elements);
- All software elements; and
- The trademarks, trade names and logos including the names Whats On Sale, Whatsonsale and What's On Sale (irrespective of the capitalisation and other punctuation used) and other material underlying and forming part of the Website;
- Is owned by or licensed for use by Whatsonsale.
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| 16.2 | To the extent that there are intellectual property rights associated with the content of listings or Products and other information posted on the Site by third parties, those third parties may own intellectual property rights in those elements. |
| 16.3 |
Irrespective of the ownership of intellectual property making up the Website you may not in any form or by any means:
- Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- Commercialise any information, products or services obtained from any part of this Website.
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| 16.4 | You may not use any copyright works, trademarks, trade names or logos appearing on the Website for any purpose without the owners express written consent. |
| 16.5 | You will not challenge the validity of Whatsonsale’s interests in or do anything that could adversely affect the interests of Whatsonsale in anything referred to in clause 16.1. |
| 16.6 | Whatsonsale does not warrant that anything referred to in clause 16.1 or any use of the Website by you will not infringe on any third party’s intellectual property rights. |
| 17. | Privacy policy |
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| 17.1 | Whatsonsale has a privacy policy which forms part of the terms of use of this Website. That privacy policy is located at [link to privacy policy]. |
| 18. | Security of information |
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| 18.1 | The website uses SSL (Secure Socket Layer) and encryption technology when sensitive information is submitted via our website. In addition, to further protect user information, the servers on which we collect and store personal information are kept in a secure and safe environment. |
| 19. | Linked websites |
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| 19.1 | This Website may contain links to other websites ("linked websites").Those links are provided for convenience only and may not remain current or be maintained. |
| 19.2 | Whatsonsale is not responsible for the content or privacy practices associated with linked websites. |
| 19.3 | Whatsonsale's links with linked websites should not be construed as an endorsement, approval or recommendation by Whatsonsale of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. |
| 20. | Limitation of Liability |
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| 20.1 | Whatsonsale does not accept responsibility for any loss or damage (including through negligence) whether direct or consequential or costs of any nature whatsoever incurred or suffered by you arising from or in connection with your use of the Website or any transaction attempted or actually entered into by you via Website or any Product acquired by you via the Website or any other services provided by Whatsonsale. Whatsonsale also does not accept any responsibility for any such loss or damage arising out of your use of or reliance on information contained on or accessed through this Website. |
| 20.2 |
Whatsonsale makes no representation or warranty about:
- The Products listed on the Website for sale;
- The Retailers who have offered them for sale;
- Any information available on the Website about those Products, prices, or Retailers including information relating to the suitability or fitness of any Product for any particular purpose or use.
- The placement of such information or the listing of a Product on the Website does not constitute a recommendation or endorsement by Whatsonsale of the Product or the Retailer and each Retailer is solely responsible for any representations made.
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| 20.3 | All other statutory warranties which may be implied are expressly excluded by Whatsonsale to the extent allowed by the applicable law. |
| 20.4 | Whatsonsale and any director or agent of Whatsonsale shall not be liable to you in any circumstances for any consequential loss suffered by you. |
| 20.5 |
Whatsonsale and its directors and agents liability for the following is excluded so far as the law allows except where it is caused by their wilful dishonesty:
- Any breach of any remaining statutory condition, warranty, guarantee, or duty; or
- Any misrepresentation (whether contractual or otherwise); or
- Any tort (including negligence); or
- Any breach of an equitable duty.
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| 20.6 | You may not make a claim against Whatsonsale or any director or agent of Whatsonsale for any matter more than 12 months after the cause of action arises. |
| 20.7 | Without limiting the operation of the above clauses, if Whatsonsale or any director or agent of Whatsonsale is liable to you for any reason (including through negligence) the total liability of Whatsonsale or any director or agent of Whatsonsale may have to you is limited to a maximum amount of two hundred and fifty dollars ($250.00). |
| 20.8 | You will indemnify Whatsonsale and its directors and agents against any loss or liability whether direct or consequential or costs of any nature whatsoever incurred or suffered by any of them arising from or in connection with your use of the Website or any transaction attempted or actually entered into by you via Website or any Product acquired by you via the Website or any other services provided by Whatsonsale or any failure on your part to comply with these terms of use. |
| 20.9 | The provisions in this part are intended to confer benefits on the directors and agents of Whatsonsale for the purposes of the Contracts Privacy Act 1981. |
| 21. | Specific technology issues |
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| 21.1 | You must take your own precautions to ensure that the process which you use for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.Whatsonsale do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website. |
| 21.2 | Whatsonsale do not warrant the accuracy, adequacy or information accessible via the Website, nor do we undertake to keep this Website updated or free from errors. |
| 21.3 | Whatsonsale may restrict or prevent your access to or use of the Website at any time. Whatsonsale does not warrant that the Website will operate fully, be free from errors or be available for use at all times.Whatsonsale will not be liable to you for any such failures, errors or interruptions.Your obligation to make payment to Whatsonsale arising under these terms and conditions will continue during any period during which the Website does not operate fully, is subject to errors, or is otherwise not available for use. |
| 21.4 | Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whatsonsale does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information by using the security procedures referred to above. |
| 22. | Contact Details |
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You can contact us through our:
- 03 962 2040
- email address admin@whatsonsale.co.nz
- Administration office fax 03 962 2041.
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| 22.2 | Those details are included on the "Contact Us" page on the website. |
| 22.3 | Our physical address is Unit 4, 213 Blenheim Road, Riccarton Christchurch |
| 22.4 | Each Retailer’s contact details will be set out on their Retailer profile webpage. |
| 22.5 | You agree that all communication with you may be made by email to the email address provided by you to Whatsonsale when you registered as a user of the Website. |
| 23. | Mediation |
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| 23.1 | If a dispute arises between Whatsonsale and you, then the parties must promptly give full written particulars of the dispute to each other and promptly meet and try to resolve the dispute. |
| 23.2 | If the dispute is not resolved that way a party may refer the dispute to mediation. |
| 23.3 | If this happens the parties must use the mediation procedure to try to resolve the dispute. |
| 23.4 | The mediation must be conducted by a LEADR panel mediator. |
| 23.5 | The mediator may be agreed on by the parties. If they cannot agree, then, at the request of a disputing party, the then President of the New Zealand Law Society or the President's nominee may appoint the mediator. |
| 23.6 | The procedure and time frame for the mediation will be determined by the mediator. This will be binding on the parties. |
| 23.7 | Each of the disputing parties must pay its own costs and an equal share of the mediator's costs. |
| 23.8 | If the dispute is not resolved by the mediation, the parties may then issue legal proceedings through the Courts.This part does not apply to any party seeking urgent relief from the other. |
| 24. | Governing law |
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| 24.1 | These terms of use are governed by New Zealand law and any purchases made through Whatsonsale will be governed by New Zealand law.You agree to submit to the exclusive jurisdiction of the courts of New Zealand. |
| 25. | General |
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| 25.1 | Whatsonsale may assign or transfer any of its rights and benefits arising from these terms of use to any other person.If we do so we will not be liable for anything that the person that we transfer or assign our benefits to does after that date and we will have no liability to you for that person's acts or omissions. |
| 25.2 | Whatsonsale do not accept liability for any failure to comply with these terms of use where such failure is due to circumstances beyond Whatsonsale's reasonable control. |
| 25.3 | Failure to exercise or delay in exercising any rights of Whatsonsale against you will not operate as a waiver of those rights.No waiver by Whatsonsale of any default by you shall constitute a waiver in respect of any default previously or later occurring. |
| 25.4 | If any of these terms of use are held to be invalid, unenforceable or illegal for any reason, the remaining terms of use shall nevertheless continue in full force. |
| 25.5 | None of the terms of use constitute any partnership, agency or joint venture relationship between Whatsonsale and you or any Retailer. |
| WHATSONSALE'S PRIVACY POLICY |
| 1.1 |
We may collect information about you as a result of your use of the Website and your registration as a user of the site. This information may be used:
- To send news, information about our activities and general promotional material which we believe may be useful to you;
- To monitor who is accessing the web site or using services offered on the web site; and
- To profile the type of people accessing the web site,
- To work to provide a better service to you via the Website.
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| 1.2 | You password will be kept on our server.If they have forgotten your password just click on forgotten passwords and follow the online instructions. New password details will then be emailed to you. |
| 1.3 | We may provide your information to our Retailers to facilitate transactions involving you and to other agencies which we contract to provide services to us including services relating to maintaining and developing the Website. We will require them to treat your information with the same level of privacy that we do. |
| 1.4 | Information about your computer and IP address may be collected when you log onto the Website.In addition, when you log onto the Website, your browser will be sent a memory based "cookie".The data in the cookie is then used to validate you for every web page you request.The purpose of this process is to manage access to your data. |
| 1.5 | Whatsonsale uses "session" cookies, when you close your web browser application, the cookie in the memory is destroyed. These are used so that we know that you have logged in already and prevent you doing so again. Session cookies expire and are deleted after 30 minutes of no activity.
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| 1.6 | Whatsonsale also uses persistent cookies to help protect you and us and to provide us with research information. Persistent cookies allow us to track retailers and customers on Whatsonsale and help us identify people abusing the service. |
| 1.7 | Whatsonsale will not sell your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect. |
| 1.8 | We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. |
| 1.9 | Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected. |
| 1.10 | Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous. |
| 1.11 | All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability.You will appreciate, however, that we cannot guarantee the security of transmission. |
| 1.12 | Whatsonsale considers it is the responsibility of parents to monitor their children's use of our website. |
| 1.13 | You are entitled to have access to any personal information relating to you which you have previously supplied to us over this Website.You are entitled to edit or delete such information unless we are required by law to retain it. |
| 1.14 | If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on admin@whatsonsale.co.nz |
| WHATSONSALE'S DISPUTES POLICY |
| 1.1 |
If you do have a problem with a purchase that you have made via the Whatsonsale Website you should first deal directly with the Retailer.
- That problem might relate to the delivery of Products, any failure to deliver, the quality or nature of the Products that you have received, the purchase price, anything that a delivery company or Retailer has done or promised or a claim for replacement Products or a refund.
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| 1.2 | Whatsonsale wants your purchases via the Website to work well. To help achieve that goal, you can also contact Whatsonsale to ask us to assist to facilitate a resolution to the problem but you must understand that in a legal sense, Whatsonsale has no legal obligation to do so. Any decision to do so will be entirely at Whatsonsale’s discretion |
| 1.3 | In no case will you have any claim against Whatsonsale relating to the problem. In all cases, if you have a claim relating it will be against the Retailer. |
| 1.4 | If you do ask Whatsonsale to assist to facilitate a resolution to the problem you must co-operate with Whatsonsale.You must provide all information that Whatsonsale asks for about the transaction and the problem. |
| 1.5 | You also authorise Whatsonsale to talk to and receive information from the Retailer, your credit card company and bank, any transport company or courier, and any other person who has been involved, about the transaction and the problem to assist Whatsonsale to facilitate a resolution. The resolution of the problem could involve a range of things to sort the matter out. |
| 1.6 | In some cases it may be possible for Whatsonsale to intervene to facilitate any refund to you if it still holds funds relating to your purchase in its merchant clearing account.Any decision to do so will be entirely at Whatsonsale’s discretion.Whatsonsale has no obligation to make any refund directly to you. |
| 1.7 | Whatsonsale will not be able to consider intervening to facilitate a refund to you if you contact Whatsonsale more than 13 days after you have authorised a payment. |
| 1.8 | Whatsonsale will not make a refund to you without the authorisation of the Retailer involved. If Whatsonsale is in a position to facilitate a refund of your purchase price to you via your credit card, you must first do any other thing that Whatsonsale requires to resolve the problem. That might involve things like returning the original Product to the Retailer. |
| 1.9 | In all cases if Whatsonsale agrees to facilitate a refund of your purchase price for a Product to you via your credit card, you agree that the refund will be a full settlement of all claims that you might have against anyone involved in the transaction relating to the Product in issue including all claims against the relevant Retailer and Whatsonsale. |
| 1.10 | If Whatsonsale is unable to resolve a problem of the sort referred to in this part, you will have no claim against Whatsonsale but your rights against the Retailer will remain. |
| WHATSONSALE'S DELIVERY POLICY |
| 1.1 | In general, we require the Retailer to agree that Products will be dispatched within 48 hours of an order being received. Delivery will generally be by courier. Any other details? Delivery times will depend on the type of Product and the distance involved for delivery. The Product details webpage and/or the Retailers' profile webpage provide further information about delivery methods and timeframes. |
| 1.2 | Delivery must be to a physical address and cannot be to a PO Box number.The purchaser's signature acknowledging receipt will be needed on delivery. |
| 1.3 | If you have any problems with delivery, you should contact the Retailer first. |
| 1.4 | In most cases the price also includes the full cost of delivery from the Retailer to the Customer. |
| 1.5 | This might not be the case for some items that are large or have some other special delivery requirement.If the cost of delivery isn't included in the price it is up to the Retailer to explain what additional delivery costs will apply in the specific Product details webpage. |
| 1.6 | The Retailer may list Products for sale on the basis that the price includes delivery only to locations specified in the listing.This information will be stated on the specific Product listing webpage. |
| 1.7 | If you are unsure about anything relating to delivery you should check the Product details webpage and the Retailers' profile webpage before confirming your order. |
| WHATSONSALE'S RETURNS POLICY |
| 1.1 | Each Retailer is responsible for setting their own policies for returns and rejection of Products. Those details are set out on the Retailer's profile webpage and the Product details webpage. You should check those terms before confirming any order to buy a Product. |
| 1.2 | Returns and rejections will depend on the type of Product involved. |
| 1.3 | If you need to return a Product because the Retailer has not complied with the terms of the Consumer Guarantees Act the Retailer will meet your costs of returning the Product and sending you any replacement Product that may be required |
| 1.4 | If you are a consumer, the Retailer will be subject to the Consumer Guarantees Act when selling Products to you through the Website.If you are not a consumer, the Sale of Goods Act 1908 may apply.In all cases, the Fair Trading Act 1986 will apply. |
| 1.5 | If you want more information about the laws that apply to Retailers, a useful website is provided by the Ministry of Consumer Affairs at www.consumeraffairs.govt.nz. |
| 1.6 | In no circumstances however will goods be able to be returned to any Retailer if they have been used or damaged in any way after delivery, unless your reason for returning the Product relates to a Product quality issue. |