Harvey Norman
Trade-In

1. GENERAL
   1. The Device trade-in program is operated by Harvey Norman Stores (N.Z) Pty Limited (“Harvey Norman”).
   2. These Terms and Conditions form part of the agreement between you, the owner of the Device being sold and Harvey Norman, the purchaser of the Device. Please read these Terms and Conditions carefully. Your participation in the trade-in program is subject to your compliance with these Terms and Conditions.
   3. You can only trade-in one Device purchase with trade-in transaction.
   4. Subject to these Terms and Conditions, you may request that Harvey Norman purchases your Device from you. If you accept our offer to purchase your Device for the offered trade-in price, then after validation of the Device and subject to trade-in eligibility requirements, we will provide you with a Harvey Norman credit to use towards the purchase of a similar electronic device. Please read these Terms and Conditions carefully to understand your rights and obligations before you initiate a request for us to purchase your Device. By participating in the trade in program, you accept these Terms and Conditions.
2. DEFINITIONS
   • “Authorised Identification” means a current New Zealand or international passport or driver’s license.
   • “Device” means the electronic equipment you wish to exchange for consideration as part of this trade-in program.
   • “Eligible device” means a Device that qualifies for the trade-in program by being listed in the online database and has an indicative trade-in value provided.
   • “Credit” means a credit issued by Harvey Norman to you in consideration for purchasing your Device to be used towards the purchase of a similar electronic device.
   • “Harvey Norman” means Harvey Norman Stores (N.Z) Pty Limited.
   • “IMEI” means International Mobile Equipment Identity.
   • “Personal and Confidential Information” includes but is not limited to applications, contracts, photos, videos, messages, emails, notes, personal data and information, files and passwords.
   • “Privacy Act” means the Privacy Act 2020.
   • “Secondhand Dealers Act” means the Secondhand Dealers and Pawnbroker Act 2004.
   • “Terms and Conditions” means these terms and conditions.
   • “you” or “your” means the legal owner and seller of the Device.
   • “we”, “us” or “our” means Harvey Norman.
3. ELIGIBILITY
   1. To be eligible to participate in the trade-in program you attest to and/or will do the following:
      • You are over the age of 18 years old;
      • You are legally capable to enter into a binding contract;
      • You are the rightful owner of a Device that qualifies for the trade-in program and are legally entitled to sell that Device;
      • Your Device has no debts owing and no other individual or organisation has any rights to claim any interest, right or ownership of your Device;
      • Your Device is not lost or stolen, and has not been IMEI locked/blocked;
      • Before you surrender your Device, you will ensure that it has been factory reset, with all data and SIM cards removed, and screen locks, pin codes and activation locks disabled;
      • Your contact details and information regarding your Device is true and correct;
      • You will provide a valid proof of identification to comply with the Secondhand Dealers Act;
      • You agree to receive a Harvey Norman credit as consideration for your Device, to use towards the purchase of a similar electronic device.
4. TRADE-IN DEVICE REQUIREMENTS, PROCESS AND PAYMENTS
   1. To participate in the trade-program you will be directed to the trade-in device assessment application (“the web portal”) to commence the trade-in process of your Eligible Device. When using this Web Portal, you will be required to assess the Device you are offering to sell to us using a self-assessment online tool.
   2. The trade-in device self-assessment will require you to:
      • Identify the make and model of your Device you would like to trade-in;
      • Respond to questions in relation to your Device functionality and cosmetic condition.
   3. After completing your trade-in device assessment, we will provide you with a trade-in offer and trade-in reference number. Upon receiving the trade-in offer you have seven (7) days to either accept or reject the offer.
   4. If you decide to reject the trade-in offer, you will need to advise us within seven (7) days and accordingly the trade-in transaction will be cancelled.
   5. If you decide to accept the trade-in offer, you will be required to surrender your Device at a Harvey Norman store within seven (7) days of receiving the trade-in offer. When surrendering your Device, you will be required to provide a valid form of identification(s), the trade-in reference number and the trade-in Device.
   6. An authorised Harvey Norman store representative will validate the information you have provided in the online self-assessment, as well as perform an assessment and visual inspection of your trade-in Device, in respect of its quality and functionality (“acceptability criteria”). Harvey Norman, in our absolute discretion, may adjust the trade-in offer if the Device you surrender, differs in any manner from the details you have stated in your online assessment. For example, this can be because it is a different make or model, it is in a different condition, activation lock has not been removed, the Device has been reported as lost/stolen, or the trade-in offer has expired.
   7. If there is a discrepancy with your trade-in offer, you will be required to resubmit your trade-in Device assessment and provide the Harvey Norman store representative with the new trade-in reference number.
   8. You acknowledge and agree that the trade-in offer, and your acceptance of the trade-in offer, does not constitute an offer by us to purchase your Device. If your Device meets the acceptability criteria, Harvey Norman will offer to purchase your Device at the offered trade-in price subject to you complying with the trade-in eligibility requirements. After completion of the trade-in eligibility requirements, you will be issued with a Harvey Norman credit equivalent to the trade-in offer for the Device being surrendered as full consideration for the sale of the Device to Harvey Norman.
   9. The Harvey Norman credit must be used towards the purchase of a similar electronic device sold at Harvey Norman on the same day at your Device is surrendered.
   10. Harvey Norman reserves the right to decline any Device that is damaged and/or does not meet trade-in eligibility and acceptability criteria.
   11. Please note that our trade-in offer, and the Harvey Norman credit are both inclusive of GST.
5. LOST OR STOLEN DEVICES
   1. Harvey Norman will not accept Devices for trade-in which we determine to be lost, stolen or blocked. It is a criminal offence if you knowingly sell a device which you do not own.
   2. Harvey Norman is required by law to submit the serial number of all traded-in Devices to a Police database that checks to see if the Device is lost or stolen or IMEI blocked. If Harvey Norman determines that the Device has been reported lost or stolen, or there is a deliberate attempt to commit fraud, we are required by law to inform the Police and hand in the Device to them. Your personal details will be provided to the Police.
   3. If you have already received a credit from Harvey Norman, for a Device which we later become aware you did not have the right to sell, you agree to immediately refund Harvey Norman in full, the credit made towards the purchase of a similar electronic device. In such circumstances you agreed that the price paid by Harvey Norman for the lost or stolen Device will be refunded in full by us and you accordingly authorise us to reverse the credit applied for the Device and you agree that you will be liable to pay the balance of this credit to Harvey Norman.
6. EXCLUSION FROM TRADE-IN PROGRAM
   1. Harvey Norman may preclude you from participating in the trade-in program, if at any time, we reasonable believe that you:
      • Are using the trade-in program, whether intentionally or not, in a way that may adversely impact the reputation of Harvey Norman or the Harvey Norman brand;
      • Are using the trade-in program in a manner which is, or is reasonably believed to be fraudulent, illegal, or related to any criminal activity or intended to make a commercial gain;
      • Have breached any of these Terms and Conditions; or
      • Have provided us with incorrect, false or incomplete information.
7. TRANSFER OF TITLE
   1. By entering into this agreement you agree that title (ownership) of your Device will transfer from you to Harvey Norman when you surrender your Device in-store and the trade-in eligibility requirements have been complied with. Until you surrender your device and receive the Harvey Norman credit, you still own the Device. Your Device cannot be returned to you once it has been surrendered.
8. REMOVAL OF PERSONAL INFORMATION AND DATA FROM DEVICE
   1. Before surrendering your Device to Harvey Norman you are responsible for:
      • Backing up all Personal and Confidential Information which you have stored on your Device onto another device;
      • Removing the SIM card or any accessories in or on your Device. Any SIM cards or accessories received by us will not be returned to you and will be securely destroyed;
      • Deleting all Personal and Confidential information on your Device;
      • Ensuring that all accounts have been deactivated and the Device is restored to factory settings;
      • Disabling all activation or device locking features (eg Find My, Google, Android, DEP or iCloud) or any other lock which prevents the Device from being fully restored. Failure to unlock the Device may result in the Device being ineligible for trade-in or a delay or refund of the payment associated with your trade-in Device.
   2. If any Personal and Confidential Information, data and/or SIM card have not been deleted or removed from your Device, you authorise Harvey Norman to delete all personal and confidential information and data and remove and destroy any SIM card left in the traded-in Device and perform a factory reset and date wipe on the Device.
   3. Harvey Norman accepts no responsibility or liability in relation to the security, protection, confidentiality or use of any Personal and Confidential information or data which is stored on the Device and/or SIM card that you have traded in.
   4. Harvey Norman accepts no responsibility or liability to you or any other person for any direct or indirect loss or damage of any kind, caused by, connected to, or arising in any way from the loss or deletion of any Personal and Confidential Information remaining on the Device which you failed to remove under this trade-in program, or which arises as a result of Harvey Norman destroying or removing the Personal and Confidential Information from the Device.
9. IDENTIFICATION
   1. Harvey Norman is a licensed second-hand dealer. To comply with our obligations under the Secondhand Dealers Act, we are required to obtain authorised identification from every person that sells Devices to us. If you are unable to meet the authorised identification requirements, you cannot participate in the trade-in program. Your personal information will only be used for complying with the Secondhand Dealers Act or other legislative requirements.
10. CANCELLATION
    1. You can cancel the trade-in transaction any time within seven (7) days of receiving the trade-in offer and prior to surrendering your Device to Harvey Norman.
    2. Once you have surrendered your Device in-store, you cannot cancel the trade-in transaction and obtain your Device back unless required by law to do so.
    3. For the avoidance of doubt, all trade-in transactions older than seven (7) days will automatically expire in the event the Device has not been surrendered in-store.
    4. Harvey Norman reserves the right to cancel any trade-in transaction for any reason. We also reserve the right to cancel the Harvey Norman credit and/or any purchases made using the credit, if we determine that you have perpetuated fraud of any kind.
11. PRIVACY
    1. Harvey Norman respects your right to privacy and does not jeopardise in any way, personal information that is given to us. By participating in the trade-in program, you consent to Harvey Norman collecting, dealing, using, storing and/or disclosing your personal information (as defined under the Privacy Act), in accordance with our privacy policy and our obligations under the Privacy Act. A copy of our privacy policy is available at https://www.harveynorman.co.nz/corporate-information/privacy-policy.html.
    2. You acknowledge that all personal information you provide to Harvey Norman under this trade in program including but not limited to, your name, contact details, email address, contact phone number, the IMEI (international mobile equipment identity) number of the Device and identification documents (required under the Secondhand Dealers Act), will be used by Harvey Norman solely for the purposes of completing your trade in and complying with applicable laws including second-hand dealer laws and police checks. You further acknowledge that your personal information, along with details of the Device, will be submitted to the Police data system for verification purposes and to assist with checks for lost or stolen property.
12. INDEMNITY
    1. You agree to indemnify, defend and hold Harvey Norman harmless from and against any claims, losses, or any indirect, consequential, punitive, incidental or exemplary damages, whether foreseeable or unforeseeable, arising from or relating to your Device, or your participation in the trade-in program, except to the extent that such claim, demand or loss directly results from our negligence, in which case our maximum liability will be the offered trade-in value of the Device.
    2. Harvey Norman will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
13. FORCE MAJEURE
    1. No party to these Terms and Conditions will be in default or breach of these Terms and Conditions to the extent they are prevented or otherwise are unable to perform its obligations under these Terms and Conditions as a result of the effects of any force majeure event, including, without limitation, an act of God, fire, natural disaster, accident, riots, terrorism, threats of terrorism, act of government, or any other cause beyond the reasonable control of such party.
14. AMENDMENTS
    1. Harvey Norman may amend these Terms and Conditions from time to time by posting a new version on the web portal. You should review these Terms and Conditions every time you participate in the program to confirm if there are any new or different Terms and Conditions compared to the last version you have reviewed. The Terms and Conditions in force at the time for your Device trade-in will form the agreement between you and Harvey Norman.
15. ASSIGNMENT
    1. You may not assign or attempt to assign any of your rights or obligations hereunder.
16. GOVERNING LAW
    1. These Terms and Conditions will be governed by and construed by the laws of New Zealand. Any dispute arising out or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.
17. SEVERABILITY
    1. If a provision of these Terms and Conditions is invalid or unenforceable, it may be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions continue in force.
18. ENQUIRIES
    1. If you have any queries, complaints, or feedback in respect of this trade-in program, please contact our Customer Service Team at https://www.harveynorman.co.nz/customer-services/contact-us.html.

As at 18.07.24