TERMS & CONDITIONS

Introduction

  • PopShop (“Site”) is a website operated by Fairfax New Zealand Limited (“Fairfax”, “we”, “us” and “our”). These Terms apply to all users (“the User”, “you” and “your”) of this Site and your use of the services provided on the Site (“the Service”).
  • By visiting our Site and/ or using our Services, you are deemed to have accepted, and will be bound by, these Terms. Please read these Terms carefully before accessing the Site or using the Service. If you do not agree to all the Terms then you may not access the Site or use the Service.
  • Your continued use of the Site and the Service, including any new features or tools, constitutes your agreement to these Terms as updated or replaced from time to time.

Registering to use the site

  • You must register your details with us to use the Service (your "Account"). Registration is free and does not oblige you to purchase anything from the Site. You must not use false or misleading information when registering or using the Service. Your obligations to us won't be reduced for any reason including (for example) where you use a false name.
  • If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
  • You are responsible for the security of your username and password. We may assume that anyone using your username and password is authorised by you.
  • Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase a Product which may result from use of your username and password. You must notify us immediately if you become aware of any unauthorised use of your username or password or any other security breach.
  • We will use your personal data in accordance with our
  • Privacy Policy. We may share your personal information for the purpose of completing the auction process and/or to provide relevant offers in accordance with our Privacy Policy.
  • You understand that information provided to us for account set up and billing may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. This excludes credit card information which is always encrypted during transfer over networks.
  • A breach or violation of any of these Terms may result in suspension or termination of your Account by us in our sole discretion.

Eligibility

  • By agreeing to these Terms you represent that you are 18 years of age or older and you are able to enter into a legally binding contract to use the Service.
  • To use the Service and make a purchase using the Service, you must be a resident of New Zealand and you must have a New Zealand residential address to deliver any products purchased using the Service.
  • We reserve the right to refuse access to the Service to anyone for any reason and at any time.

Formation of contract

  • Our Site includes products (“Products”) available for purchase from various sellers/retailers (“Sellers”). If you place an order (“Order”) for a Product on our Site, you are placing that Order with the Seller of the Product, and not us. We make the Products available for purchase (including by taking orders and collecting payment) as the agent of the Seller, and not on our own behalf.
  • When you place an Order to purchase a Product via this Site, you are making an offer directly to the Seller. If a Seller accepts your Order for the purchase of a Product, then an agreement is formed between you and the Seller and you have rights directly and only against the Seller, and not us. We are not a party to that agreement.
  • Your Order remains valid as an offer, and will not be deemed to have been accepted by the Seller, until we (acting as the agent of the Seller) issue an email acknowledgement of that Order. The contract between you and a Seller will relate only to those Products notified in the email acknowledgement of the Order.
  • This Order will be subject to any terms and conditions provided by the Seller governing the relationship between you, as the purchaser of the Product, and the Seller.
  • Please note that any obligations that exist under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 with regard to a Product which you purchase through the Site rest with the Seller. The Seller’s details are provided on every product page to make this process easier for you.

Payment

  • You agree to pay the purchase price specified on the website at the time that you place your Order for the purchase of a Product, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in New Zealand dollars and include New Zealand GST (15% sales tax). Shipping and any insurance charges will be separately shown.
  • You must pay for the Product online by credit card or PayPal account. Your payment will be processed upon receipt of your Order. The credit cards that are accepted will be described on the website and will updated from time to time. A surcharge may apply for the use of certain credit cards which, where this is the case, will be described on the website.

Availability & Cancellation of Orders

  • If you discover that you have made a mistake with your Order after you have submitted it to the Site please contact
  • supportcommerce@fairfaxmedia.co.nz immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
  • The Seller may cancel an Order that has already been accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Terms.
  • All Products are subject to availability. Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order the Seller will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your Order at any time prior to when the Seller ships the Product and you will receive a full refund on the purchase.
  • We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Information Provided by Sellers

  • Much of the information on this Site is provided by our Sellers, including all of the information relating to the Products that may be purchased from those Sellers. While we believe that our Sellers are reliable sources of this information we, without limiting our obligations under the Fair Trading Act 1986, cannot be responsible for such information.
  • We have made every effort to display as accurately as possible the colours and images of the products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
  • We reserve the right, but are not obligated, to limit the sales of our Products to any person or geographic region and the quantity of any Products.
  • We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).

Variation of this Site

  • We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Service (including the Sellers that may be included from time to time on this Site). We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law.
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any part or the entire Service.
  • All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time.

Delivery

  • The Seller will ship the Product within the timeframe noted in the Product description from the time that the Seller receives your order. Any delivery times displayed on the website are estimates only, based on the information provided to the Seller by its shipping company.
  • The Seller will deliver the Product to the place of delivery you specify when making your Order. Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.
  • You must be at least 18 years old to buy restricted products, including but not limited to alcohol. Where your Order includes a restricted product, the shipment will be made to the address given and signature by a person over 18 will be required upon delivery. On delivery you may be required to provide age verification if you "look" under 25 years of age or younger. Restricted goods will not be left unattended, you must be available at the address at the time of delivery. If you fail to produce evidence of your age on request the Seller may void the transaction and arrange a refund.

Returns & Exchanges

  • Where it is noted in the description of the Product, we will offer you a refund or exchange of the Product you purchased using the Services if you are not happy that Product. From receipt of your Order, you have 14 days to return items with proof of purchase.
  • To be eligible for a return, your Product must be unused and in the same condition that you received it. It must also be in the original packaging and contain a receipt or proof of purchase (such as the Order confirmation or invoice you received with your Product).
  • Several types of goods are exempt from being returned, including:
  • (a) perishable goods such as food, flowers, newspapers or magazines; (b) products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases; (c) gift cards; (d) downloadable software products; and (e) some health and personal care items as notified to you on the Product page prior to your purchase.
  • There are certain situations where only partial refunds may be granted in situations including, but not limited to:
  • (a) Where part of an Order is returned; (b) Your Order number; (c) Reason why you are returning the Product; (d) Your instructions informing us how you would like the issue resolved; (e) Contact phone number; and (f) the original Order confirmation or invoice you received with your Product.
  • You can only exchange Products for other Products from the same Seller to the same or lower value than your original purchase. Please contact our customer service team for the Seller's address details and ensure you include a stamped, self-addressed post pack with your return for the Seller to post the exchange item. Our customer service team can be contact at
  • supportcommerce@fairfaxmedia.co.nz
  • If the Product you wish to return is faulty, we will require either photo proof of the faulty item or provide you with a stamped, self-addressed post pack in which to return it to the appropriate Seller. You will then be offered a replacement or repair of the faulty item or a full refund or store credit, whichever you prefer. Any refunds will be transferred back to the original payment method, eg. your credit card, PayPal account or store credit.

Refunds

  • Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 3 - 5 Business Days. We can only make a refund to the original purchaser of the Product.

Sale items

  • Items on sale cannot be refunded or exchanged unless the item is faulty. Only regular priced items will be eligible for an exchange or refund where you change your mind.

Optional Tools and Third Party Links

  • We may provide you with access to third-party links or tools over which we neither monitor nor have any control nor input.
  • You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  • Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Governing Law

  • These Terms and any separate agreements, whereby we provide you the Service, shall be governed by and construed in accordance with the laws of New Zealand.

Contact Information

  • Questions about the Terms should be sent to us at commerce@fairfaxmedia.co.nz.

Prohibited Uses

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
  • You are prohibited from using the Service or any part of the Site or its content:
  • (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer Of Warranties

  • We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

Limitation Of Liability

  • In no case shall Fairfax, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Indemnification

  • You agree to indemnify, defend and hold harmless Fairfax and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.