Welcome to the Harvey Norman website and thank you for taking the time
to read these website Terms which apply with respect to your use of the
website and our products and services. It is important that you read
these terms and conditions carefully because by using our website, you
will be deemed to have accepted the Terms. If you need to refer to them
again they can be accessed from the link at the bottom of any page of
our website.
1. General
Harvey Norman Stores (NZ) Pty Limited is the owner and publisher of the
content contained in this website (referred to as "our", "us", "we").
As a user of this website (referred to as ‘”you” and “your”), you are
subject to these Terms, our Privacy Policy, our Returns Policy, our
Online Sales Terms, and any other laws or regulations which apply to
this website. If you do not accept these Terms, you must refrain from
using this website.
We reserve the right to revise these Terms from time to time at our
discretion. Such revisions will be effective immediately upon
publication on this website. By continuing to use this website after
such publication, you agree to be bound by these Terms as revised. You
should therefore periodically visit this page to determine the current
Terms.
Any reference to "website" means the whole or any part of the web pages
located at this URL or domain (including but not limited to any elements
of design, underlying code, text, sounds, graphics, animated elements or
any other content).
2. Contract Information
The information contained on this website constitutes an invitation to
treat and not an offer to supply goods or services to you. When you
submit an order to us, you are making an offer to buy those products in
accordance with these Terms and in accordance with our then current
terms of trade including our Online Sales Terms. We reserve the
exclusive right to accept or reject (for any reason whatsoever and in
whole or in part) any order submitted by you, including any order we
believe, in our sole judgement, to have been placed fraudulently or in
an effort to supply trade re-sale.
3. Information/Content
The information contained on this website is intended for general
information only. While we endeavour to ensure that information on the
website is correct, sometimes errors or inaccuracies do occur, for which
we apologise.
We do not accept any liability, direct or indirect, for any loss or
damage which may directly or indirectly result from any advice, opinion,
information, representation or omission whether negligent or otherwise,
contained on this website. You are solely responsible for the actions
you take in reliance on the content on, or accessed, through this
website. We reserve the right to make changes at any time and without
notice to you, to any element of this website.
To the extent permitted by New Zealand law, we make no warranties in
relation to the merchantability, fitness for purpose, freedom from
computer virus, accuracy or availability of this website or any other
website.
Except as otherwise described, all materials on this website are made
available only to provide information about this website, and the
products which may be ordered from this website. This website is
controlled and operated by us, from offices within New Zealand.
Details contained on this website relating to the products and the sale
of the products through this website have been prepared in accordance
with New Zealand law and may not satisfy the laws of any other country.
We make no representations or warranties as to whether or not the
information or products available from this website are appropriate or
available for use in other countries. If you choose to access this
website from outside New Zealand you are responsible for compliance with
applicable local law.
4. Price, Products and Services
All prices on this website are in New Zealand dollars and are inclusive
of GST and any other sales tax. Please note that we reserve the right to
alter the prices at any time for any reason.
The information in this website has been published by Harvey Norman
Stores (NZ) Pty Limited upon the basis that relevant Harvey Norman New
Zealand stores, will offer the goods for sale until a specified date or
until sold, whichever first occurs, at no greater than the advertised
prices, GST-inclusive.
Prices are subject to change by individual Harvey Norman stores, and do
not include display accessories, options or delivery. Prices displayed
may vary in different regions and different stores.
Some goods may not be on show or available at each Harvey Norman store.
Each published saving in respect of a product is by reference to the
recommended retail price of the manufacturer or our normal ticketed
price.
5. Colour Accuracy
Every effort is made to ensure that our product images are displayed
accurately and are as true to colour as possible. However the actual
product colour may differ slightly from the product display image. This
is because every computer monitor or device displays colours differently
and everyone perceives colour differently. Harvey Norman cannot
guarantee that the product colour accurately reflects the true product
colour.
Product images are for illustration or comparison purposes only.
Colours, features, attributes, specifications and sizes may vary from
those displayed. Harvey Norman reserves the right to make necessary
changes to product specifications, features, dimensions and quantities
of products displayed on the website at any time and without notice.
6. Third Party Products sold via the Harvey Norman website
Harvey Norman Customer Direct products can be identified by the
"Customer Direct" marker on the product page listing and are delivered
directly to the customer by a trusted supplier. Pictures for
illustration or comparison only; colours, features, attributes,
specifications and sizes may vary from those shown. Some items may
require self-assembly. It may be necessary to make changes to product
specifications, features, dimensions and quantities of Products
displayed on the website. We reserve the right to modify these details
at any time and without notice.
7. Raincheck Policy
For the purposes of these Terms, a “Rain Check” is as a commitment to
sell an out of stock item (when it becomes available) at the same price
it was advertised for, before the sell out (“Offer Price”). Rainchecks
may not apply to end of life products.
Unless specifically stated that a Raincheck is not available, if we have
sold out of, or are temporarily out of stock of, any item offered during
an offer or promotion period (“Offer Period”), then that store will
offer each person who requests supply of that item during the Offer
Period, a Raincheck, so that the person may purchase, from that store,
at a later date, the product at the Offer Price, once the product is
back in stock.
8. Intellectual Property
This website and all intellectual property rights, including graphics,
logos, trademarks, design, text, icons, the arrangement of them, sound
recordings and all software relating to this website, are owned by us,
or in some cases, a related body corporate or third party, and unless
stated, is copyright. These intellectual property rights are protected
by New Zealand and international laws.
You may view our website and its contents for personal and
non-commercial use only, and as such this is subject to copyright law
and the Copyright Act 1994. You may not in any form or by any means
reproduce, modify, distribute, store, transmit, publish or display
within another website or create derivative works from any part of this
website or commercialise any information obtained from any part of this
website without our prior written permission or, in the case of third
party material, from the owner of the copyright in that material.
Nothing contained in this website is to be interpreted as a
recommendation to use any information on this website in a manner which
infringes the intellectual property rights of any person, company or
entity. We make no representations or warranties that your use of the
information on this website will not infringe such intellectual property
rights.
9. Other Websites
Please note that although this site may have some hyperlinks to other
third party websites, these sites have not been prepared by us and are
not under the control of us. These links are provided for convenience
only and may not remain current nor maintained. We should not be
construed as endorsing, approving, recommending or giving preference to
these third parties or their websites, or any information, products or
services referred to on those third party websites unless expressly
stated. You link to these websites at your own risk and should make your
own enquiries as to the privacy policies of these third parties. We are
not responsible for information on, or the privacy practices of, such
websites. We are not responsible for the availability of any of these
links.
10. Secure Data
Given the nature of the internet, we cannot guarantee that any data
transmission is totally secure. Whilst we take precautions to protect
information, we do not warrant and cannot ensure the security of any
information you transmit to us. You therefore transmit to this website
at your own risk. However, once we receive your transmission, we will
take reasonable steps to preserve its security. If you become aware of
any problems with the security of the data or the website, please
contact us immediately by email at
privacy.officer@nz.harveynorman.com
11. Viruses
Given the nature of the internet, we cannot guarantee that this website
is free from viruses, fault or other conditions which could damage or
interfere with your computer systems, and we do not warrant that your
access to this website will be uninterrupted, error free or that any
defects will be corrected. You assume the risk of any damage to your
property as a result of using this website, and to the maximum extent
permitted by law, we disclaim all liability for any errors, omissions
and faults.
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. For the avoidance of doubt, we 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.
12. Cookies
We may use a cookie file containing information that can identify the
computer you are working from. The cookie file is anonymous as it only
gives us details of your IP address, PC platform (Windows, NT or Mac),
browser (e.g. Microsoft, Netscape or other, plus the version of Browser)
and domain (whether you are accessing the site from NZ or elsewhere).
You can choose to refuse cookies by turning them off in your browser
and/or deleting them from your hard drive.
13. Use of Your Information and Material
We appreciate any suggestions ("unsolicited ideas") you may have
regarding ways in which this website may be improved or materials which
we may add to this website. Any unsolicited ideas that you submit to us
will not be regarded as confidential and will become our property. We
may use, reproduce, disclose, publish, modify, adapt and transmit them
to others, without restriction or any obligation to compensate you.
14. Privacy Policy
We are committed to protecting your privacy. We recognise that your
personal information is confidential and we understand that it is
important for you to know how we treat your personal information. Please
read our Privacy Policy for more information.
15. Disclaimer
We make no representations or warranties of any kind, express or
implied, in relation to any information, content, materials or products
included in this website or to its availability, functionality or
performance, except as otherwise provided under any applicable law.
We do not, nor do our officers, employees, agents and other
representatives accept responsibility for any loss or damage, howsoever
caused (including through negligence or matters outside our control),
which you may directly or indirectly suffer in connection with your use
of this website or any linked website, nor do we accept any
responsibility for any such loss arising out of your use of, or reliance
on, information contained on, or accessed through, this website. To the
maximum extent permitted by law, we disclaim any such representations or
warranties as to the completeness, accuracy, merchantability or fitness
for purpose of this website or the information that it contains.
The use of the information on this website is at your own risk. To the
extent permitted by law, we exclude all liability of us, our officers,
employees, agents and other representatives in respect of any injury,
loss or damage arising out of, or related to, the use, or inability to
use, the information on this website or provided through this website
through email. This limitation of liability includes, but is not limited
to, compensatory, direct, indirect or consequential damages,
interruption of business, loss of data, income or profit, loss of, or
damage to property, and third party claims. If any liability is not able
to be excluded by law, we limit our liability to the re-supply of the
relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents
and other persons involved in the creation of this website from all
damages, losses, penalties, fines, expenses and costs (including legal
costs) which arise out of or relate to your use of this website, any
information that you provide to us via this website or any damage that
you may cause to this website. This indemnification includes, without
limitation, liability relating to copyright infringement, defamation,
invasion of privacy, trade mark infringement and breaches of the Fair
Trading Act 1986.
16. Consumer Guarantees Act
Nothing in these 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 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 Terms.
17. Electronic Communications
You consent to receive communications from us electronically and agree
that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing. You agree to be bound by any agreement
reached through electronic communications in terms of the Contract and
Commercial Law Act 2017. You consent to receiving electronic messages
and information sent by us (or on our behalf) for any purposes described
in our Privacy Policy. You agree, pursuant to section 11(2) of the
Unsolicited Electronic Messages Act 2007, that the person sending any
such message need not include a functional unsubscribe facility in that
message.
18. Applicable Laws
This website and these Terms shall be governed by, and construed in
accordance with, the laws of New Zealand and the courts of New Zealand
shall have non-exclusive jurisdiction to hear and determine any dispute
arising in relation to this website or these Terms. You irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the courts
of New Zealand and agree that the courts of New Zealand are a convenient
forum in which to resolve any dispute arising in relation to this
website or these Terms.
The information contained on this website has been prepared in
accordance with New Zealand law and may not satisfy the laws of any
other country. We make no representations, warranties, or guarantees as
to whether or not the information or products available from this
website are appropriate or available for use in other countries. If you
choose to access this website from outside New Zealand, you are
responsible for compliance with applicable local law.
19. Severability
If any provision of these Terms are found to be invalid or unenforceable
by a court of law, such invalidity or unenforceability will not affect
the remainder of the Terms, which will continue in full force and
effect.
20. Changes to these Terms
We may, from time to time, add or remove information, products or
services from this website without notice.
We reserve the right to amend these Terms at any time without notice,
and we may terminate your access to this website at any time without
notice. Your continued use of this website will represent an agreement
by you to be bound by the Terms as amended. Where your access to this
website is terminated, all disclaimers and limitations of liability set
out in these Terms will survive.