These terms and conditions apply to the use of this website, including the purchase of goods and/or services using this website. By using this website for these or any other purposes, you agree to be bound by these terms and conditions and to comply with all applicable laws and regulations as they may change from time to time. If you do not accept and agree to be legally bound by and comply with these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
- Definitions and interpretation
1.1 In these terms and conditions:
Business Day means a day on which the trading banks generally are open in New Zealand but excluding Saturdays, Sundays and public holidays;
GST means GST as that term is defined in the Goods and Services Tax Act 1985, and any interest, penalties, fines or expenses relating to such GST;
Intellectual Property Rights means:
(a) any confidential information;
(b) copyright (including rights in the nature of, or analogous to, copyright);
(c) moral rights;
(d) inventions (including patents);
(e) trade marks;
(f) service marks;
(h) plant breeders rights;
(i) circuit layouts; and
(j) any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether or not registered or registrable and includes any:
(k) right to apply for the registration;
(l) renewals and extensions;
of such rights listed in (a) to (j) above.
Submissions means any form of information that is contained in or otherwise expressed through any form of media (whether now known or hereinafter devised) that you submit to us on or through this website – including: all comments, feedback, suggestions, ideas, photos, videos, e-mails, texts, images and other information or materials.
Taxes means any present or future taxes (including taxes on goods and/or services including GST), rates, levies, tariffs, imposts, duties (including stamp duties), excise duties, deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them;
1.2 In these terms and conditions, unless the contrary intention appears:
(a) the expressions “New Zealand Pearl”, “we”, “us” and “our” are a reference to New Zealand Pearl Wholesale Pty Ltd and “you” and “your” are reference to the person accessing or using this website;
(b) a reference to:
(1) these terms and conditions or another document includes any variation or replacement of it notwithstanding any change in the identity of the parties;
(2) any statute, statutory provision, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidations, amendments re-enactments or replacement of any of them;
(3) a person, firm, corporation, association or government body includes any other of them;
(4) a person includes the person’s successors, executors, administrators, substitutes (including a person who becomes a party by novation) and assigns;
(5) a time is a reference to the time in Wellington, New Zealand unless otherwise specified;
(6) a right includes a benefit, remedy, authority, discretion and power;
(c) the singular includes the plural and vice versa;
(d) words importing a gender include any other gender;
(e) the words ‘including’ or ‘includes’ are deemed to be followed by the words ‘without limitation’;
(f) headings in these terms and conditions are for convenience of reference only and shall not affect the construction or interpretation of these terms and conditions;
(g) if the day on which:
(1) anything, other than a payment, is to be done is not a Business Day, that thing shall be done on the preceding Business Day; and
(2) a payment is to be made is not a Business Day it shall be made on the next Business Day but if the next Business Day falls in the next calendar month it shall be made on the preceding Business Day;
(h) if an act is required to be done on a particular day and the act is done after 5.00pm on that day, it will be deemed to have been done on the following day;
(i) where two or more persons are defined as a party to these terms and conditions that term means each of the persons jointly, each of them severally and any two or more of them jointly;
(j) an agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and severally and an agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally.
- Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time without further notice. Amendments will be effective immediately upon the inclusion of such amendments within the version of these terms and conditions on this website. Your continued use of the website following such amendment will be deemed to be your acceptance of and agreement to be bound by and comply with the terms and conditions as amended. It is your sole responsibility to regularly check the web site to determine if there have been any changes to these term and conditions and to review such changes.
- Your account and password
3.1 We may provide you with an account login (including a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
3.2 Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.
3.3 You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via the website). You agree to release and indemnify us in relation to any and all claims, loss, or liability arising out of the unauthorised use of your username or password (including any your failure to keep your username or password secure and confidential).
3.4 You agree to notify us immediately by email to [email protected] of any unauthorised use of your account or password, or of any other breach of security.
3.5 We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section or for any delay in shutting down your account or password after you have reported a breach of security to us.
4.1 You may be able to make Submissions to us from time to time, including by using the ‘Give Feedback’, ‘Share Your Shine’, or ‘Product Ratings & Reviews’ functionality of this website. You agree and confirm that each Submission you make is not confidential, and that we have no obligation to treat it as such.
4.2 By making any Submission on or through this website, you hereby:
(i) grant to New Zealand Pearl a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, the Submission, in whole or in part, in any format or media;
(ii) waive all moral rights in and to the Submission in favour of New Zealand Pearl and anyone authorized by New Zealand Pearl to reproduce or otherwise use the Submission; and
(iii) warrant and represent to us that your Submission (and each component thereof) is your original work and that no Submission you make on or through this website is your original work and that no Submissions you make on our through this website will infringe the Intellectual Property Rights of any other person.
- Ordering products on this website
5.1 This website and the information on it constitute an invitation to treat and not an offer by us to supply products. When you submit an order to purchase products from us, this constitutes an offer from you to buy those products in accordance with these terms and conditions including your agreement to pay, in full, the price and all applicable shipping and delivery fees specified in relation to your order. No contract for the sale and purchase of those products shall be formed between you and us until we accept your order by sending you an acceptance ‘confirmation of acceptance’ in accordance with clause 5.3 below.
5.2 You may submit an order to purchase products from us by completing the order form and submitting the order confirmation on this website. You may only purchase or order items through this web site for personal, non-commercial purposes. You must provide all required information (including your name and physical address) or we may not be able to process your order. We may also require additional verifications or information before accepting any order.
5.3 No order shall be deemed accepted by us until we have sent you a ‘confirmation of acceptance’ confirming that we have accepted your order. An ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order. If complete payment for your order is not received and verified by us, we may cancel and not process your order.
5.4 By submitting an order on this website you agree to be bound by our Refund Policy.
6.1 The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant products at the time your order is submitted (subject always to section 7 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the products). Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD).
6.2 You shall pay for your orders by credit card or Paypal™ using the online transactions facilities provided at www.newzealandpearl.co.nz or by authorising New Zealand Pearl to charge your payment card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched. We reserve the right to change the permitted methods of payment, including the credit cards or services we are able to accept, at any time.
6.3 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. In addition to all amounts outstanding, you will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
6.4 We may vary any prices on this website at any time without notice to you.
- Availability and Cancellation
7.1 All orders are subject to the availability of products. We may reject or cancel any order due to unavailability of any product. If for any reason a product is not available, we will endeavour to notify you of the non-availability on this website. We may revise the range of products or the specification of any product at any time (save and except for where we have confirmed our acceptance of your order) without notice to you.
7.2 Where any product is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product either online or in-store where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
7.3 You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.
- Delivery and delivery fees
8.1 Products purchased online from this website are eligible for delivery to valid mailing addresses within New Zealand only. We use FedEx to deliver such products. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address). We reserve the right not to offer expedited or other forms of shipping.
8.2 The applicable delivery fees are clearly displayed in your local currency at the time of purchase.
8.3 Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular product. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date. Please note that multiple orders may not always be shipped together. In addition, depending on the size of your order you may receive several shipments to complete your order.
8.4 You may specify delivery instructions for your order (for example, you may authorise the courier to leave the products in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.
8.5 Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
8.6 We retain ownership and title of the products we supply to you until we have received the full price for the products and the applicable delivery charges. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by FedEx, you assume full responsibility for and risk in the products.
- Customs, duties and taxes
9.1 Each package that contains a product that you have purchased may be subject to Taxes of the country to which such package is shipped. We will be responsible for paying such Taxes.
9.2 When you purchase a product online from New Zealand Pearl, we are the “importer of record”. You must comply with all laws and regulations of the country to which such product is shipped. You acknowledge that the importation of certain products may be restricted or prohibited.
9.3 We will also bear any charges for customs clearance, including all handling or processing fees. Customs policies vary widely from country to country so you should contact your local customs authority for further information.
9.4 Cross-border shipments may be subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and product information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the products you have purchased.
9.5 You acknowledge that delays associated with customs clearance procedures may cause our original delivery time frames estimates to be exceeded. We are not responsible for such delays.
- Warranties in relation to our goods
10.1 We offer a minimum twelve month limited warranty from the date of purchase against defects in material and/or workmanship on all of the products that we sell. Original proof or purchase is required.
10.2 New Zealand Pearl branded watches have a three year limited warranty and lifetime limited battery replacement, provided that the International Guarantee Booklet provided with the watch (along with the original proof of purchase) is presented to a
store before the work on such watch under this warranty can be started. To the extent permitted by relevant consumer protection legislation, including the Consumer Guarantees Act 1993, this three year limited warranty does not cover:
(a) pressure tests in water proof watches after battery replacement;
(b) adjustment to links, bracelets or straps (including refurbishment of any adjustment damage);
(c) further rhodium plating;
(d) repairs or refurbishment of shop soiled or shop distressed stock or repairs necessary due to misuse or normal wear and tear and any repairs made by unauthorised service centres; and
(e) any other matter excluded by 10.5, 10.6, or 10.7 below.
We may impose fees payable by you in relation to any repair/service not covered by this three year limited warranty or where the warranty has expired.
10.3 We may, at our sole option, repair or replace a defective product or provide a refund of the purchase price.
10.4 Repair, replacement, or refund as set forth at section 10.1(c) above, are without prejudice to your rights at law, including under the Consumer Guarantees Act 1993. The remedies under the twelve month limited warranty and three year watch limited warranty are given by New Zealand Pearl in addition to, and not in place of, your rights at law, including under the Consumer Guarantees Act 1993.
10.5 The twelve month limited warranty and the three year watch limited warranty each exclude, to the extent permitted by law, damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution, improper repair or warranty service performed by someone other than us or our authorised repairers, theft, disappearance, loss (including lost stones) or any other type of use causing deterioration.
10.6 Loose diamond stones supplied by New Zealand Pearl and assembled by someone other than New Zealand Pearl or its authorised agents can be damaged during jewellery assembly. Such damage will not be covered by the twelve month limited warranty or the three year watch limited warranty, and New Zealand Pearl will not be liable for any such damage.
10.7 New Zealand Pearl reserves the sole right to judge whether or not an item of jewellery has been subject to ordinary wear and tear, misuse, accident, abuse, alteration, substitution, improper repair or warranty service performed by someone other than New Zealand Pearl (or its authorised repairers), theft, disappearance, loss (including lost stones) or any other type of use causing deterioration. If, in our sole discretion, such jewellery shows signs of any of the foregoing, the twelve month limited warranty and the three year watch limited warranty will be entirely void.
10.8 To obtain any limited warranty service for any product that is a diamond product with a purchase price greater than $990, you must provide New Zealand Pearl with an original certificate of authenticity for that item. This certificate of authenticity must be fully completed and signed on behalf of us by an authorised person at the time of purchase. If this certificate of authenticity has been altered in any fashion, the warranty is void to the maximum extent permitted by law.
10.9 White gold jewellery is rhodium plated to enhance its appearance. This plating is not permanent and will require further plating to maintain the enhanced appearance. Neither the twelve month limited warranty nor the three year watch limited warranty cover any further rhodium plating.
10.10 When a product is repaired under the original warranty term, only the remaining term of the original warranty will continue to apply (e.g. if a product is purchased under the 12 month limited warranty and returned for repair after 11 months from the date of purchase, then once the repaired product is handed back to the customer the remaining warranty term will be only 1 month and any other repairs after this term will be outside the original warranty period and may be charged accordingly).
- Disclaimer in relation to website
11.1 You acknowledge and agree that, despite all reasonable precautions on our part, this website is not, and cannot be, guaranteed to be error free, uninterrupted, timely, complete, or secure and acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these terms and conditions. We will not be liable to you should this website or any services supplied through this website contain errors, or become unavailable, interrupted, or delayed for any reason.
11.2 To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this website, or concerning any goods or services ordered by you from this website.
11.3 If the limitation of liability in clause 11.2 above is held to be invalid in whole or in part, then, to the maximum extent permitted by the applicable law, our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one New Zealand dollar (NZD$1.00).
11.4 To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
11.5 If you are using our goods or services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to those services.
- Disclaimers in relation to products (including discounted products)
12.1 Items which are advertised as discounted have been ticketed and offered for sale at the higher price before the relevant sale commenced. However, you acknowledge that such items may have been sold at a lower price from time to time.
12.2 You acknowledge that:
(a) Gemstones may have been treated by heating (generally), or diffusion (sapphires) to enhance the colour of the stone.
(b) Created gemstones are grown in strictly controlled laboratory conditions to recreate the brilliance of rare natural gemstones.
(c) Black diamonds are enhanced by high temperature to permanently create the intense black colour.
(d) Blue, yellow and red coloured diamonds have been irradiated to achieve their colour. Colour treatments used on diamonds may be sensitive to high temperatures and heat.
12.3 We try our best to be as accurate as possible in our product descriptions. However, we do not warrant that the product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the website are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. Although all reasonable care is taken to ensure that photographs appearing on this website reflect as accurately as possible the actual size of products, you acknowledge that due to the inherent difficulties with photographing items of jewellery, some products may appear larger or smaller than their actual size when represented on this website.
- Intellectual property rights
13.1 The materials displayed on this website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other Intellectual Property Rights that may subsist in materials available through or on this website (including text, graphics, illustrations, artwork, photographs, video, music, logos, icons, sound recordings, source code, computer programs, and software) belong to us or to our licensors.
13.2 You must not in any form or by any means (except as expressly authorised by the Copyright Act 1993 or these terms and conditions):
(a) use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, transmit in any way, or create derivative works from, any material available through or on this website or any part of this website generally; or
(b) commercialise any material available through or on this website, or any information, products or services obtained from any part of this website, except in accordance with clause 13.3 or 13.4 below, without our prior written permission.
13.3 All brand, product, trade, and service names and logos used in this website are the trade marks of us or third parties who have licensed us to use such marks. You are not allowed to use or reproduce any such trade marks in the course of trade, and you may only use such trade marks to access, view, or interact with this website for your own personal and non-commercial purposes.
13.4 Unless we agree otherwise in writing, you are provided with access to this website for your personal use, non-commercial use only. You are authorised to print a copy of any information contained on this website for your personal, non-commercial use, unless such printing is expressly prohibited by a notice or other communication on this website and provided that our copyright or trade mark notice(s) remain affixed to such material. Without limiting the generality of the foregoing, you may not without our prior written permission on-sell or distribute to any other person information obtained from this website.
- General warnings
14.1 We may from time to time offer discounts and promotions in respect of our goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on our website, however, these terms and conditions apply to those discounts and promotions in addition to any specific terms and conditions and in the event of conflict between any term of those specific terms and conditions and these terms and conditions these terms and conditions shall prevail. The provision of any such offers may be removed from this website at any time in our complete discretion.
14.2 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means.
14.3 You must take your own precautions to ensure that the process which you employ 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 or data.
14.4 Although reasonable care is taken to ensure that photographs appearing on this website reflect as accurately as possible the actual size of products, you acknowledge that due to the inherent difficulties with photographing items of jewellery, some products may appear larger or smaller than their actual size when represented on this website.
14.5 Details contained on this website relating to goods or services have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
- Linked websites and advertisements
15.1 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.
15.2 We are not responsible for the content or privacy practices of, or on, or associated with, linked websites.
15.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us 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.
15.4 We accept no responsibility for the content of any advertisement appearing on this website (including for any hyperlink to an advertiser’s own website). The inclusion of any advertisement on this website does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.
You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this website (or any file on this website) or embed any page of (or content on) this website on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hyperlink to this website, please contact us at [email protected] . If you do create a hyperlink to this website or embed this website, or any part of this website, in another website, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding..
17.2 The Collection Notification Statement for online purchases of goods or services specifically applies to, and governs, the collection of personal information through our online forms used in connection with online purchases of goods or services.
- How we handle e-mails
18.2 You consent to receiving communications from us electronically and you 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 Electronic Transactions Act 2002.
- Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we employ commercially reasonable steps to preserve the security of such information we do 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, and you assume all responsibility and risks arising in relation to your use of this website and the Internet.
- Termination of access
Access to this website may be terminated at any time by us without notice. If these terms and conditions or your permission to use the website is terminated by us for any reason, the agreement formed by your acceptance of these terms and conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and anything relating to or arising from such use. Our disclaimers and limitations and exclusions of liability provided in these terms and conditions will nevertheless survive any such termination.
- Governing law
To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand courts and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to these terms and conditions (and any contracts between you and us which arise through your use of this website).
22.1 We are not liable for any failure by us to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
22.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
22.3 If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason that unenforceable or illegal term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.
22.4 These terms and conditions are the complete and exclusive agreement between the parties and supersedes all provisions and contemporaneous agreements, proposals and communications with respect to this subject matter.