Welcome to the Smiths City 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. All prices shown are in NZ dollars.

1. General

Smiths City Southern Limited is the publisher & owner of the content contained in this website (referred to as “Smiths City” "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, and or services 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.

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 inaccuracies or errors 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 Our Christchurch Based Office.
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. Prices, 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 Smiths City .Prices are subject to change by Smiths City, 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 Smiths City store. Each published saving in respect of a product is by reference to the recommended retail price (RRP) of the manufacturer or our normal ticketed price.

Current Promotion

*Discount is off our full retail price and applies to stock only. Excludes goods already on special and ‘Everyday Low Price’ items. CRT & ATS cards are welcome, but no further discount applies. Not available in conjunction with any other current promotional offer.

5. Delivery Information

Smiths City delivers to your home or office, anywhere within New Zealand. Delivery times may vary depending on the weight and size of the item and also the distance between the nominated shipping address and your closest Smiths City store.

We endeavour to ship items within 3-5 Business days (Mon – Fri). Delivery of some furniture and bedding items can take up to 6 - 12 weeks due to availability and manufacturing. An Online Sales Representative will contact you within 48 hours (Mon – Fri) of receiving your order to advise expected delivery dates of your item(s).

Delivery charges are displayed when you choose your delivery method on the Shipping page prior to payment, exceptions do apply to free delivery, see additional Delivery Charges Below.

 

Additional Delivery Charges (free shipping exclusions) 

If your order is very large or your delivery address is in a remote area additional charges may be required, if this is the case an Online Sales Representative will contact you.

Deliveries to some rural areas & the Outer Islands (Chatham Island, Stewart Island, Kawau Island, Waiheke Island, Matakana Island, Great Barrier Island and d’Urville Island) will incur additional costs, & are excluded from free shipping offers.

 

Taking Delivery Of Your Order

All order deliveries require a signature. Items will not be left unsecured at private or commercial premises under any circumstances. If the delivery courier is unable to obtain a signature, a calling card will be left with details as to how you may arrange a pick up or re-delivery of your order.

 

Tracking Your Order

When we have shipped your order, you will receive an email notifying you of the shipping reference . If you received a courier shipping reference, you can track and trace your item by following the link. if Smiths City is providing the delivery we will notify the day & AM or PM time range.

 

Free Pick-Up In-Store

When purchasing online, you also have the option to pick up your order from your nearest Smiths City store at no charge. Simply select the Pick up In-Store option for your preferred store. Items are not necessarily available at your chosen store, indicated stock levels reflect Smiths City as a whole. You will be notified you when your pick up is available.

When you visit the store – be sure to have a purchase receipt on you & at least one form of photo identification

6. Intellectual Property

This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings, video, 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.

7. 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.

8. 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 our Online Sales Team immediately by email at webmaster@smithscity.co.nz or by phone on 0800 764 847

9. 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.

10. 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, Google, 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.

11. 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.

12. 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.

13. 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 employees, agents, suppliers 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 employees, agents, suppliers 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 electronic mail. 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 employees, shareholders, agents, suppliers 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.

14. 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.

15. Electronic Transactions Act

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 Electronic Transactions Act 2002. 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.

16. 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.

17. 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.

18. 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

19. Interest Free - Instore Only

Minimum product value for INTEREST FREE option is $499.(Other payment options are available for purchase less than $499). All finance offers are subject to normal credit granting procedures. Insurance cover is mandatory and credit fees are required. A deposit may be required on computers, mobile phones, car audio products and new accounts. Interest is charged from the end of the INTEREST FREE period. If there is a balance remaining to be paid at the end of the INTEREST FREE Period, interest will be charged from that date forward, at the rate disclosed in the contract. Weekly payments if stated are based on a 36 Month term and include credit fees, insurance and any charge. Apple products, selected computers, game consoles, gift cards and some promotional items such as ‘Everyday Low Price’ are not available in conjunction with discount or INTEREST FREE offers. Unless otherwise stated, display accessories are not included. Depending on colour and combination, some lounge furniture may have to be ordered to customer requirements. All offers and prices in this advertisement are valid for a maximum of seven days from the date of publication or while stocks last. Some products may not be available in some stores. Carpets and installed heating available on a maximum of 18 months INTEREST FREE.   

20. DISCOUNT ADS

DISCOUNT IS OFF OUR STANDARD RETAIL PRICE AND Applies to stock only. Excludes APPLE PRODUCTS, beko whiteware, Game Consoles, MP3 players, tablets, selected computers, carpet, goods already on special and ‘Everyday Low Price’ items. farmlands & ATS cards are welcome, but no further discount applies. Not available in conjunction with any other current promotional offer. "As seen on tv product" is excluded from the promotion.

21. 1 DAY ONLY/12 HOUR SALES

1 Day Deals are only available on the advertised dates, while stocks last. *DISCOUNT IS OFF OUR STANDARD RETAIL PRICE AND Applies to stock only. Excludes apple products, beko whiteware, Game Consoles, MP3 players, TABLETS, selected computers, carpet, goods already on special and ‘Everyday Low Price’ items. farmlands & ATS cards are welcome, but no further discount applies. Not available in conjunction with any other current promotional offer. "As seen on tv product" is excluded from the promotion.

Boxing Day deals are only available Online 25th & 26th December 2015 & Instore on Saturday 26th December 2015 *Discounts ARE OFF OUR STANDARD RETAIL PRICE AND Applies to stock only. Excludes APPLE PRODUCTS, Beko Whiteware, Game Consoles, MP3 players, tablets, selected computers, carpet, goods already on special and ‘Everyday Low Price’ items. Farmlands & ATS cards are welcome, but no further discount applies. Not available in conjunction with any other current promotional offer. “As seen on TV product” is excluded from the promotion. Personal customers only. Sorry no trade supplied. Some items - limit one per customer

This Returns Policy is applicable for all purchases made online from www.smithscity.co.nz (‘Smiths City Online’) only.
For purchases made from a Smiths City Store, please see the relevant store for details.

22. Change of Mind

Please choose carefully as we do not have to provide a refund if you have changed your mind about a particular purchase.

23. Consumers

Under the Consumer Guarantees Act 1993 (‘CGA’), you have guaranteed legal rights for goods [and services] you buy.
These are called ‘consumer guarantees’, and include the following:
1) a guarantee that the goods are of acceptable quality, such that the goods are:

  • fit for all the purposes for which goods of that type are commonly supplied;
  • free from minor defects, safe, durable and acceptable in appearance and finish;

2) a guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit;
3) a guarantee that the goods correspond with any description with which the goods are supplied; and
4) a guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.


If the goods [or services] we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.
These guarantees are in addition to any warranty offered by a manufacturer, and you may have rights against the manufacturer directly.
The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.

24. Businesses

If you are acquiring goods [or services] from Smiths City Online for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods [or services].

25. Minor Failure

If the goods [or services] we supply do not comply with a consumer guarantee, but can be remedied within a reasonable time, we will either repair the goods or replace the goods with goods of identical type. If we cannot repair or replace the goods within a reasonable time, we will provide you with a refund of the purchase price.

26. Major Failure

A ‘major failure’ is where the failure in the goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a ‘failure of substantial character’ as set out by section 21 of the CGA.
If a failure amounts to a major failure, you are entitled to return the goods and choose to have a replacement of the returned goods or a refund. Alternatively, you may elect to retain the goods and obtain compensation for the reduction in value of the goods.
Where you choose a replacement, we will where available, provide goods of the same type and similar value to the returned goods, like-for-like.

27. Delivery Charges

Any shipping costs to return the original goods to Smiths City will be at the cost of Smiths City, where Smiths City considers the goods to have breached a consumer guarantee. If on examination of goods returned to Smiths City, the goods are found to not be in breach of any consumer guarantee. Smiths City may charge you a fee for examining the goods, and any cost to return the goods to you.
Please note that goods must be returned within a reasonable period and you may be asked to demonstrate that you have purchased the goods from Smiths City Online and that the problem with the goods was not your fault.

28. Refunds

Refunds will be issued at the discretion of Smiths City
Refunds will normally be processed within seven (7) Business days.

29. Goods Damaged in Transit

If any goods arrive damaged, please contact the Online Sales Team within 24 hours of delivery. The Online Sales Team will arrange to have the damaged item returned and either repair or replace the goods or refund the price to you, at its election. Damaged goods must be returned in the condition received by you with all original packaging, together with all packing slips.

30. Contact

Where you have an issue relating to your order, please immediately contact the Online Sales Team on 0800 746 847 Please have your order number with you. This returns policy is not intended to exclude or limit any rights which you may have as a consumer under the Consumer Guarantees Act 1993, and may not necessarily describe all rights you may have.

Smiths City delivers to your home or office, anywhere within New Zealand. Delivery times may vary depending on the weight and size of the item and also the distance between the nominated shipping address and your closest Smiths City store.

We endeavour to ship courier size items within 3-5 Business days (Mon – Fri), larger items within 8-10 Business Days. Delivery of some furniture and bedding items can take up to 6 - 12 weeks due to availability and manufacturing. An Online Sales Representative will contact you within 48 hours (Mon – Fri) of receiving your order to advise expected delivery dates of your item(s).

Delivery charges are displayed when you choose your delivery method on the Shipping page prior to payment, exceptions do apply to free delivery, see additional Delivery Charges Below.

 

31. Additional Delivery Charges & Free Delivery Exclusions 

If your order is very large or your delivery address is in a remote area additional charges may be required, if this is the case an Online Sales Representative will contact you.

Deliveries to some rural areas & the Outer Islands (Chatham Island, Stewart Island, Kawau Island, Waiheke Island, Matakana Island, Great Barrier Island and d’Urville Island) will incur additional costs, & are excluded from free shipping offers.

 

32. Taking Delivery Of Your Order

All order deliveries require a signature. Items will not be left unsecured at private or commercial premises under any circumstances. If the delivery courier is unable to obtain a signature, a calling card will be left with details as to how you may arrange a pick up or re-delivery of your order.

 

33. Tracking Your Order

When we have shipped your order, you will receive an email notifying you of the shipping reference . If you received a courier shipping reference, you can track and trace your item by following the link. if Smiths City is providing the delivery we will notify the day & AM or PM time range.

 

34. Free Pick-Up In-Store

When purchasing online, you also have the option to pick up your order from your nearest Smiths City store at no charge. Simply select the Pick up In-Store option for your preferred store. Items are not necessarily available at your chosen store, indicated stock levels reflect Smiths City as a whole. You will be notified you when your pick up is available.

When you visit the store – be sure to have a purchase receipt on you & at least one form of photo identification.