Terms & Conditions
Website Terms of use
This website is
operated by Sparrow Retail Limited and its related entities ("Sparrows”). In
these Website Terms of Use and Security & Privacy Statement ("Terms”), the
expressions "we”, "us” and "our” refer to Sparrow Retail Limited.
Acknowledgement & Acceptance
Your use of this
website, and any services provided through it ("Services”), are subject to
these Terms and all applicable New Zealand laws. By accessing and interacting
with this website or using the Services, you accept these Terms. If you do not
agree, you must refrain from accessing and browsing this website or using any
of the Services. Without limiting our other rights and remedies we may refuse
to supply any product or Service, and we may deny access to this website, to
anyone who breaches these Terms.
All rights not
expressly granted to you in these Terms are reserved.
We may amend these
Terms at any time without notice to you, and it is your responsibility to
monitor this website for changes. Amendments will come into effect from the
date they are published on this website. The updated version of these Terms
will supersede all prior versions. You can view the most current version of
these Terms at any time by visiting this page.
Access and Use of Material on this
Website
Your access to this
website and the Services is on the following terms:
You may only access
and use this website and the Services in accordance with these Terms;
You may only access
parts of this website that are designated for unrestricted public access;
You may only access
other parts of this website if we have expressly given you permission to do so,
but then only for the purposes, and in the manner, permitted;
If we give you a
password to access any part of this website or any Services, you must keep that
password confidential and not disclose it to any other person. Nor may you
permit any other person to use that password.You must change your password
regularly. Further you must change it immediately if you believe that it has
become known to any other person;
You must follow our
instructions when using the Services, and comply with any specific terms that
we publish on this website or that we give you regarding the Services from time
to time;
You must make sure
all information and instructions that you give us are true, correct and
complete, and that you are authorised to provide the information and
instructions;
You may only save a
local copy of, or print material posted on this website for your own
information or research, or to inform others about this website.
You may not
reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any
process (graphic, electronic or mechanical, including further copying,
recording, or caching by a storage or information retrieval system, or download
accelerator) or otherwise exploit any part of this website for any commercial
purpose;
You must not post
or transmit to this website any illegal, threatening, abusive, defamatory,
obscene or indecent information or material of any kind, or encourage any other
person to do so;
You must not
knowingly post or transmit or permit the posting or transmission of any
material to this website which contains a virus;
You must not post
or transmit any material to this website which breaches any laws relating to a
person's right to privacy or the export of personal information, or personal
information about another person without their consent;
You must take your
own precautions to ensure that whatever you select from this website is free of
viruses or anything else that may interfere with your or any third party's
computer systems.
We also reserve the
right to refuse access or edit or delete material posted by you in
contravention of these Terms.
Products that we sell
Our products shown
may be purchased online or at our store.
Shopping Terms & Conditions
Sparrows Online
Services provides customers a convenient and secure online shopping experience.
Products displayed
on the site shopping areas can be purchased using the secure online Payment
Express by DPS (MasterCard, Visa, American Express). Customers can be confident
that all of their details are protected by the latest security mechanisms and
are used only for purposes of the transaction fulfilment.
You have the option
to register as a member of sparrows.co.nz. Apart from the
many member benefits, including receiving regular emails containing special
deals, your shopping address details will be filed saving you the effort of
entering these details each time you checkout.
For online
purchases made as a ‘Guest’ customer, we are only able to arrange an exchange
by creating an ‘Online Account’. Unless we are instructed otherwise, we
will create an ‘Online Account’ for all ‘Guest’ customer exchanges.
Alternatively, we can arrange a refund via the original payment method, so that
another ‘Guest’ purchase can be placed independently.
Pricing
All prices in the
shopping areas are in New Zealand dollars (NZD$) and include GST (15% sales
tax). All prices are correct at time of publication; however we reserve the
right to alter prices for any reason. If this should happen after you have
ordered a product, we will contact you prior to processing your order.
Not all items or promotions
are available through all stores, a specific store or online. All offers and
items are subject to availability at the advertised price.
We reserve the
right to withdraw any product from sale without notice, for any reason. However
for various reasons, that product might still appear on our website for a
period of time after that withdrawal. We make no undertaking that a product
shown on this website will be available for purchase online at all stores or at
a specific store.
All product prices
stated on this website are inclusive of New Zealand goods and services tax.
For all Sparrows
clearance items online, the price may have been available for longer than the
previous price.
Payment processing
When an order is
submitted your card will be debited and the name that will appear on your statement is Sparrows. All items on your order will prepared for
despatch to your nominated shipping address. If Sparrows cannot supply the
items requested we will then process a refund to the value of the non-supplied
items. An email confirmation of the refund will be sent to your email address
supplied on the initiating order.
The card issuer
controls the timing of returned funds. Please contact your card issuer for
details.
Website and Credit Card Security
We use Payment
Express by DPS to process online orders. Customers can see their cards being
debited in real time, all in an SSL secure environment.
We take website and
credit card security extremely seriously, and always endeavour to provide a
secure safe platform on which to conduct online transactions, sparrows.co.nz uses Payment
Express by DPS. By using this you guarantee the highest possible encryption
levels for online transactions.
To make sure you
are accessing a secure server, check for the unbroken key or closed lock symbol
located generally either at the bottom left or top right of your browser
window. If it appears, then SSL is active. You can double check this by looking
at the URL as well. If SSL is active, then the first characters of that line
will read ‘https’ rather than just ‘http’. It is important for you to protect
against unauthorized access to your password and to your computer.
Ensure you logout
when you have finished visiting, sparrows.co.nz, especially if you
access it from a shared computer.
Contact Details
If you have any
queries regarding shopping with Sparrows.co.nz, please
email office@Sparrows.co.nz or call 03
308 5771
Children
No one under the
age of 13 years is allowed to provide any personal information. Minors under
the age of 18 years are prohibited from making purchases, including subscriptions,
on the Service.
Disclaimers
We will endeavour
to ensure that information provided through this website is accurate and
current. However we cannot, and do not, represent or warrant the accuracy,
adequacy, completeness of information on this website or that it is up to date.
For example (but without limitation):
Prices and colours
of products may change, and all products are subject to availability;
Variations to
products may occur from time to time for various reasons (including changes in
seasonal range, or product specifications);
Despite every
effort to accurately duplicate each product's colours on our website, they are
intended as a guide only and actual colours may vary. The colours you see
online will also depend on your screen display and settings, therefore, we
cannot guarantee that your monitor's display of any image will accurately
reflect the colour of the product on delivery;
Description of
products are summaries only (with further information available on request to
us); and
Due to technical or
human error, information may be recorded incorrectly or omitted.
We do not accept
responsibility for any loss suffered as a result of reliance on the accuracy,
adequacy, completeness or currency of information on this website.
We do not warrant
that access to this website will be uninterrupted or error-free, that defects
will be corrected or that the site or the server that makes it available are
free of viruses, bugs or anything similar that may impact the functionality,
accuracy and/or reliability of the website. We will not be responsible or
liable to you for any loss of content or material uploaded or transmitted
through the website.
You acknowledge
that despite reasonable precautions on our part, there is a risk of
unauthorised access to or alteration of your transmissions or data or of the
information on your computer or this website. We do not accept any
responsibility or liability for any losses that you may sustain as a result of
any such activity.
Liability
Sparrows is also
committed to honouring statutory conditions and warranties to the extent they
are implied under the Consumer Guarantees Act 1993. This means we will assist
you if goods:
·
are or become faulty through no fault of your own;
·
are not fit for a stated purpose or a purpose you
made known to our sales staff;
·
don’t match our description or sample; or
·
have defects that were not obvious or we did not
bring to your attention.
If the fault is
minor or can be repaired then we may choose to repair the goods or give you a
replacement. If the fault is serious or cannot be repaired then you can choose
to have a refund, get a replacement or similar item or keep the goods but get
some money back in compensation.
However, the goods
must be returned within a reasonable period and you may be asked for proof of
purchase. Keep your receipt as proof of purchase. You may also be asked to
demonstrate that the problem with the goods was not your fault. If you prefer
an alternative to a refund, we can arrange for goods to be exchanged or repaired.
A store credit may be offered at our discretion.
Third Party Websites
We are not
responsible for any information that does not originate directly from us, for
any links we provide to third party sites ("Third Party Websites”), or for
information or goods or services at or accessible from those Third Party
Websites. This includes the content of third-party advertisements appearing on
this website and links to Third Party Websites. These are provided for
convenience only and may not remain current or maintained. The appearance of
advertisements for third parties or links to Third Party Websites on this
website is not to be construed as an endorsement, approval, recommendation or
preference by us of the owners or operators of those Third Party Websites, or of
any information, goods or services referred to or offered on those sites or
otherwise posted on this website. Responsibility for any of that content rests
solely with those third parties.
Prohibitions
You must not:
·
Use or attempt to damage, interfere with or
introduce anything (including a virus, robot, spider, scraper or automated
means) to this website or any network or system underlying or connected to it
for any purpose, or act in any other way that compromises this website, the
delivery of the Services, or any network or system underlying or connected to
them;
·
Use this website or any information or other
material from this website, for any commercial purpose;
·
Remove any copyright, trade mark or any other
intellectual property notice from any material accessible on this website; or
·
Copy, distribute, alter or tamper with in any way,
or otherwise use, any material contained in this website (except as expressly
permitted in these Terms).
Termination or Suspension
We may at any time
and without notice:
·
Change the format and content of this website
and/or any Services;
·
Stop providing, suspend or restrict your access to
this website or any Service if you do not comply with any obligation you have
to us (whether under these Terms or otherwise); or
·
Stop providing or suspend the operation of this
website and/or the Services (in whole or in part).
No such action will
affect any of our rights or your responsibilities under these Terms or
otherwise, including any disclaimer.
Information about you
We understand that
as a visitor to our website, you may be concerned about your privacy and about
any information that we gain about you online. We are committed to protecting
your privacy and to complying with the Privacy Act 1993 (New Zealand). The
following terms tell you how information about you is treated as you access and
interact with this website.
If you visit an
area of the website where you are not required to log on, to read, browse or
download information, our system will record the date and time of your visit to
our site, the pages viewed and any information downloaded. However, our system
will not record any personally identifiable information about you without your
consent.
If you complete an
online form on our website, the information that you enter on that form will
only be collected if you actually submit the form to us. If you change your
mind and do not submit the information, any information you have entered up to
that point will not be collected by our system and will be discarded (note that
if your browser has an "auto complete” function, it might automatically fill in
the form again the next time you visit that page).
Any personal
information that you actually submit to us using our website or in an e-mail
will only be used for the following purposes:
if you choose to
allow us to do so, to send you promotional or other information about us, our
website, the Services or our products, or our partners' products, either
through e-mail, ordinary mail, or some other means;
·
to conduct research about our website, the
Services, stores, sales or our products;
·
to allow us to personalise our website or Services
for you;
·
to process any request that you make; or
·
For security purposes.
Your personal
information will only be added to our customer database (to be used for purposes
other than answering your specific request) if you opt in to receive
communications.
If you choose to
use the Services and submit information to us about you for that purpose, you
will be taken as authorising us to collect, use, store and disclose that
information in the manner and for the purposes contemplated by these Terms. If
you choose not to provide all of the personal information that we request from
you, the Services you request may not be available to you.
If you provide us
with personal information about you, you should advise us if the information
changes, so we can update our records. You can either update it online or via
Contact Us. We may contact you from time to time to check that information we
hold is still accurate.
The personal information
that we collect about you is stored on our database server managed by Sparrow
Retail Limited in Ashburton, New Zealand, and its collection, storage, use and
disclosure is governed by the terms of the New Zealand Privacy Act 1993.
We may disclose personal
information that we collect and retain about you to third parties but only for
the purposes identified in these Terms or to which you have consented, or when
we are required to do so by law. If we provide any contact details to our
contracted suppliers who are responsible for processing our mail-outs, we
require those suppliers to agree to use the information only to fulfil that
purpose, and not to retain the details once that purpose has been fulfilled.
Under the Privacy
Act 1993 (New Zealand), you have certain rights to access and request
correction of your personal information held by us. Any such request, or any
inquiry, should be sent to the following address: Sparrow Retail Limited, East
Street, Ashburton, New Zealand.
We may at any time
disclose your personal information including, without limitation, your name and
contact details to any relevant authorities, parties and/or applicable
intellectual property right holders (or their representatives) if we consider
that you are in breach of these Terms and that disclosure is required for those
parties to enforce their rights.
If you subscribe to
a mailing list that we maintain (including an e-mail subscription list), you
can ask us to remove you from that list at any time by using the "unsubscribe”
facility referred to in our message to you, or sending us an e-mail with your
details via Contact Us. We will comply with that request as soon as we
reasonably can. However you should understand that sometimes we may have begun
distributing a mail-out before we can process that request, and in those
circumstances you might still receive that mail-out.
If you have
accessed Third Party Websites through this website and if the operators of
those Third Party Websites collect information about you, we may also collect
or have access to that information as part of our arrangements with those third
parties.
Where you access a
Third Party Website from this website, cookie information, information about
your preferences or other information you have provided about yourself may be
shared between us and the third party. You usually cannot be identified from
the information that is shared. If you can be identified from this information,
we will seek your consent before sharing the information.
Third Party
Websites should contain their own privacy statements and the operators of those
Third Party Websites are responsible for their own privacy practices.
We will save any
e-mail that you send us, if we believe that we have a legal or business
requirement to do so. We may monitor e-mail message content for security issues
including where e-mail abuse is suspected.
If you have a
dispute with us or want to know more about privacy issues in New Zealand, we
encourage you to visit the New Zealand Office of The Privacy Commissioner’s
website at http://www.privacy.org.nz
General
Each term of these
Terms is separately binding. If for any reason any term is not effective or
binding all other terms remain effective and binding.
If we do not
exercise or enforce any right available to us under these Terms or otherwise
arising at law or in equity, this does not constitute a waiver of those rights.
These Terms (and
the provision of products and services by us) are governed by and to be interpreted
solely in accordance with New Zealand law. In the event of any dispute arising
in relation to these Terms or their subject matter, the New Zealand courts will
have non-exclusive jurisdiction over such dispute.
Last updated 15th
August 2012