Online Sale Terms
Harvey Norman Stores (NZ) Pty Limited is the owner and publisher of the
content contained in this website (referred to as "our", "us", "we"). 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.
(1) You may access or use the website as a ‘guest’ or as a ‘member’.
(2) To become a member of the website, you must upon request provide your
name and address, telephone number, a valid email address and nominate a
password. 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 First Team - 0800 088 144
(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 First Team - 0800 088 144
(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 First Team - 0800 088 144
(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.
(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.
(1) This website and the information on it constitute an invitation to treat
and not an offer to sell or supply products.
(2) We will advertise each item of the goods described in this website
("Offer Goods") for sale until the date specified in the relevant Harvey
Norman catalogue, or if the Offer Goods have not been advertised in a Harvey
Norman catalogue, until such time as the Offer Goods are removed from this
website ("Offer Period"), for a price not greater than the price specified
in this website for that item ("Offer Price"), subject to these Sales Terms.
(3) Please refer to our returns policy regarding returning online orders. We
recommend you carefully preview any Orders before adding them to your
shopping cart and proceeding with your Order. Once you have placed your
Order, you cannot cancel or revoke your Order, unless expressly provided for
in these Sale Terms.
(4) 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;
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(ii) you confirming the Order details in accordance with the procedure on
the website;
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(iii) you making payment in full (plus any applicable delivery charges) on
the website; and
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(iv) our acceptance of that offer in accordance with these Sales Terms.
(5) 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;
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(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
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(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.
(6) You acknowledge that:
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(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;
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(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;
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(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
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(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 the Customer First Team - 0800 088 144
(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 when your Order is
delivered to your specified delivery address or on collection of your Order
from us.
If you have any query about the progress of your Order please contact the
Customer First Team - 0800 088 144 Please have your Order number handy as
shown on the email confirmation.
(1) We accept all Harvey Norman Physical Gift Cards, Bonus Gift Cards and
eGift Cards as a payment option for any Order. You can only redeem up to
five (5) Gift Cards per Order.
(2) Physical Gift Cards can be purchased at any Harvey Norman Store or from
the website. eGift Cards can be purchased from the website or via our Gift
Card team by email at
nzgiftcards@nz.harveynorman.com.
(3) Physical Gift Cards purchased from the website are delivered to the
residential or business address within New Zealand specified in your Order.
They cannot be delivered to a PO Box. Please ensure you enter the correct
delivery address for the Physical Gift Card as we are unable to reissue or
cancel a Physical Gift Card that has been sent to an incorrect delivery
address and subsequently redeemed by another person.
(4) eGift Cards purchased from the website or via our Gift Card Team, will
be sent to an email address provided by you. Please ensure that the email
address you provide is accurate and valid as we are unable to reissue or
cancel an eGift Card that has been sent to an incorrect email address and
subsequently redeemed by another person.
(5) For purchases of Physical Gift Cards and eGift Cards, we cannot sell
more than $4,999 of Gift Cards to any individual, company or other legal
entity in a single transaction or multiple related transactions. If you wish
to purchase Gift Cards exceeding $4,999, please contact our Gift Card Team
at
nzgiftcards@nz.harveynorman.com.
(6) For more information, please refer to our Gift Card Terms and Conditions
at
harveynorman.co.nz/gift-card-terms-and-conditions.html
(1) Prices shown are in New Zealand dollars and include GST where
applicable. Prices do not include any costs associated with set-up or
installation, which shall be your responsibility. 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) We do not represent that any product offered via the website will be
offered by or available from any Harvey Norman store, or at all.
(4) Images of products shown without any advertised price beside that image
are not offered for sale.
(5) Unless otherwise stated, any accessories, manchester or furnishings
shown in any image of products are not included in the price.
(6) We reserve the right to correct any errors.
(1) All payments must be made by you in full.
(2) Payments must be made via the TNS 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 in Secure Sockets Layer technology from
the TNS 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 TNS 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.
(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 ten
(10) days of the date you placed your Order, except if the Order is for an
item of furniture or mattress. Some Customer Direct items are shipped from
overseas and can take up to 21 days, this will be indicated when you add the
product to your cart.
(3) Items of furniture and mattresses are generally not held in stock and
will be required to be ordered. You acknowledge and agree that your Order
for any item of furniture or a mattress may take up to ten (10) weeks to be
delivered to you from the date you placed your Order. This timeframe is the
average manufacturing lead time required by suppliers. We will contact you
on or about the time we receive your Order to notify you of the indicative
delivery date.
(4) When you complete your Order you will be prompted to select whether you
wish to collect your Order from a Harvey Norman store or to have the Order
delivered to an address specified by you. Customer Direct items are not
available for collection and must be delivered.
(5) Other than in respect of Orders for regional or remote areas or in
respect of an Order for an item of furniture or a mattress, if we give you
notice that we will be unable to deliver your Order within 10 business days
of receipt of your Order due to lack of stock you may cancel your Order
without charge, and we will, upon request to the Customer First Team,
arrange for a full refund of any payment made by you for that Order to be
processed.
(6) Delivery times may be greater than 10 business days for regional or
remote areas.
(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 receipt 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) You will be required to be available in person to accept all deliveries.
(6) For small or medium sized items your order will usually be processed as
soon as it is received (during business hours) and we are unable to change
your delivery details. However, you can call us on 0800 088 144 and we will
see what we can do. For a large item where we have contacted you to book a
delivery time you can change the delivery date or address by letting us know
at least 48 hours prior to the dispatch of your Order.
(7) We will use our best endeavours to deliver your Order within any stated
timeframes for dispatch; however we do not warrant that these timeframes
will always be met, as many factors may affect these timeframes.
(8) 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,
stairs or narrow entries). 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 and the cost
of an extra person to assist.
(9) We cannot accept responsibility for delivery failures or delays by our
third party delivery contractor.
(10) If you select ‘Scheduled Delivery’ or ‘Same Day Delivery’ option, and
after receiving your Order, we determine we are unable to deliver your Order
at the scheduled time (for whatever reason), we will contact you by phone or
email to arrange an alternative time for delivery. We will also give you the
option of cancelling your Order and receiving a full refund of the price
paid for the Order if you are not satisfied with the alternative delivery
time.
(1) The terms of this clause apply where you select to collect your Order
from a Harvey Norman Store.
(2) If you select to collect your goods from a Harvey Norman store, the
relevant Harvey Norman store will contact you by telephone or email to
notify you when the Order is available for collection.
(3) Orders for collection at a Harvey Norman store must be collected within
21 days of the relevant Harvey Norman store giving you notice by telephone
or by email that your Order is available for collection. If your Order is
not collected within this time, the relevant store has the right to allocate
those goods to another customer and reorder the goods for you.
(4) The person who collects the goods must provide photo identification and
present the credit card used for the online transaction.
Title and risk in the products, such as loss and damage, pass to you on
delivery.
(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 refer to our Returns Policy for more information on our policy
regarding online orders when you have changed your mind or the product was
not what you expected.
(3) If your Order arrives damaged or is not of acceptable quality, please
contact the Customer First Team. 0800 088 144 within 24 hours
(1) The privacy of your personal information is important to us. Please
refer to our Privacy Policy for more information.
(2) We or our third parties may collect personal information directly from
you when you register as a member of the website, when you place an Order,
or when you contact our Customer First Team. Personal information may
include your name, residential or postal address, telephone number and email
address.
(3) We and our related bodies corporate and our third parties may use your
personal information for the purposes for which you give it to any of them
and for their own internal purposes. You agree that we and any of our third
parties may use your email address to send you messages concerning your
membership account, any Orders you place and information about the products
sold via the website that we consider may be of interest to you. If you
would prefer not to receive promotional or other material from us or our
third parties, please let our Customer First Team know. You also agree that
we may contact you by telephone to arrange delivery or collection of your
Order.
(1) To the extent permitted by law, we and each of our related bodies
corporate exclude all liability to you or anyone else for loss or damage of
any kind (however caused or arising) relating in any way to the website
including, but not limited to, loss or damage you might suffer as a result
of:
- (a) errors, mistakes or inaccuracies on the website;
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(b) you acting, or failing to act, on any information contained on or
referred to on the website or any linked website;
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(c) personal injury or property damage of any kind resulting from your
access or use of the website;
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(d) any unauthorised access to or use of the websites secure servers;
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(e) any interruption or cessation of transmission to or from the website;
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(f) any bugs, viruses, Trojan horses or other harmful code or
communications which may be transmitted to or through the website by any
third party; or
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(g) the quality or fitness for any purpose of any product or of any linked
sites.
(2) Except as expressly provided in these terms, and to the fullest extent
allowed by the law, we and our third parties will not be liable for any
direct, indirect, special, incidental or consequential damages arising out
of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, us and each of
their related bodies corporate, including their directors, officers,
employees and agents from and against any loss (including reasonable legal
costs and expenses on a full indemnity basis) or liability incurred or
suffered by you or by any of them arising from any claim, demand, suit,
action or proceeding by any person against you or them where such loss or
liability arose out of, in connection with or in respect of your conduct or
breach of these Sales Terms.
(4) Nothing in these Sales Terms is intended to avoid the provisions of the
New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent
permitted by the CGA or to exclude liability arising under any other
statute. If and to the extent that such liability cannot be lawfully
excluded, these Sales Terms shall be modified to the extent necessary to
give effect to the above intention. If you are acquiring goods or services
from us for the purposes of a business, you agree that the guarantees
provided in the CGA shall not apply. We do not provide any express
guarantees (as that term is defined in the CGA) other than those expressly
confirmed in these Sale Terms.
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.
If we merge, sell or otherwise change control of our business or this
website to a third-party, we reserve the right, without giving notice or
seeking consent, to transfer or assign the personal information, content and
rights that we have collected from you and any agreements it has made with
you.
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.