Terms & Conditions
Safe & Secure Shopping
Smiths City Southern Limited and its related company Smiths City Finance Limited (together referred to as “Smiths City”, “we”, “our”, or “us”) is committed to protecting the privacy of any personal information you (referred to as “you” or “your”) may provide us whether in person, via our website or by any other means.
We may, from time to time, collect information about identifiable individuals (“personal information”). All personal information that you supply to us directly or through this website will be handled and saved according to the provisions of the New Zealand Privacy Act 1993 (“Privacy Act”).
2. Collection of your personal information
We may collect personal information about you, directly from you, when you use this website or deal with us in person, over the telephone or by letter or electronic mail. You may voluntarily provide us with your personal information to enable us to provide you with information or services, respond to your enquiries, or carry out a transaction that you have requested.
Customers applying for credit may also provide personal information to us for the following purposes:
- Verifying your identity in accordance with the applicable laws and regulations;
- Assessing your credit application, credit worthiness, and credit limit;
- Complying with our obligations under the Credit Contracts and Consumer Finance Act 2003 and the responsible lending principles;
- Maintaining and administering your credit account and account records with us and any Credit Reporting agencies;
- Communicating with you and collecting any payment arrears; and
- For the purposes of fraud and crime prevention.
Personal information collected by us may include your name, title, company name, email address, telephone number, postal or physical address, product preferences, or any other personal information.
There are various situations in which we may request you to provide personal information to us, including as described in our Online Sales Terms, our Credit Contract Terms and Conditions, and when you:
(a) complete forms on this website (including surveys, search forms, competition entry forms, registration forms, and order forms);
(b) create, modify, or use any accounts or registered user facilities available through this website;
(c) send messages using this website (for example, providing feedback to a submitted question); or
(d) complete an application for credit.
Except for information collected automatically, we will not attempt to collect personal information about you without your knowledge or consent. In most circumstances, you can use this website without telling us who you are or revealing any personal information about yourself. You may decide not to provide your personal information to us. However, if you do not provide your personal information (or if you provide incorrect personal information), we might not be able to provide you with access to certain information, products or services.
Where we collect personal information about you from a third party source, we will take reasonable steps to make you aware of such collection and to make you aware of the purposes for which we are collecting your personal information from that third party source.
3. Automated collection
When you visit this website, we may use automated tools and methods (such as cookies, sessions and website statistics software) to collect certain information about your visit, including:
(a) the internet protocol address and host name used by your computer to connect to this website;
(b) the operating system and the browser your computer uses;
(c) the search engine or inbound hyperlink you used to reach this website;
(d) the date, time and duration of your visit; and
(e) the pages viewed by you.
We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.
(a) personalise your visits to this website;
(b) enable us to improve the content, reliability and functionality of this website;
(c) enable you to use certain services or functionality;
(d) evaluate the effectiveness of the advertising on this website; and
(e) track website usage patterns.
Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. Although you may configure your web browser to not accept cookies, you may experience a loss of functionality as a result.
5. Use and disclosure
The personal information we collect from all users will be used to operate this website and to provide services you have authorised or requested. We may also use personal information collected by us as described in our Online Sales Terms and to:
(a) respond to any questions or correspondence from you;
(b) improve this website and any related services;
(c) monitor the quality and standard of services provided by Smiths City;
(d) carry out internal research and development;
(e) provide you with information about a service that you are using (including critical updates and announcements);
(f) eliminate the need for you to perform duplicate data entry;
(g) customise this website to suit your particular preferences and interests;
(h) where you create a message using this website (for the purpose of sending that message to us or to any other recipient specified by you), send that message;
(i) analyse website usage, trends and statistics;
(j) verify your identity or to provide you with a replacement password when you forget your username or password for any account you have with us ;
(k) supply you with further information concerning products and services which may be of interest to you;
(l) conduct market research and analysis of purchase history, transaction patterns and preferences, to improve the relevance of any offer of goods and services we may make to you;
(m) offer insurance and other financial services that may be of interest to you;
(n) comply with our obligations under the Credit Contracts and Consumer Finance Act 2003 and the responsible lending principles; and
(o) carry out any other use that is authorised by you or is notified to you at the time of collection.
(a) we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions;
(c) we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of you, us, or others; or
(d) we are required or permitted by law to disclose the information.
Where you have requested or authorised us to send you electronic communications (for example, newsletters, promotions and any other information concerning products and services which may be of interest to you) you can request us to stop sending you such communications by taking any one of the following steps:
(a) using the unsubscribe feature in any such communication;
(b) if you are a registered user of this website, logging in to your account and updating the appropriate preferences (if available) for that account; or
(c) contacting our Online Sales Team – 0800 764 847.
Once we have received your request we will, as soon as is practicable, comply with that request.
7. Personal Information About Other People
8. Access and Correction
Where we hold your personal information in such a way that it can readily be retrieved, you are entitled to request access to that information or to obtain our confirmation of whether we hold that information. We may require that you meet our reasonable costs of supplying this information to you. If we are unable to meet your request for access, we will let you know why.
If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal, in accordance with the requirements of the Privacy Act.
It is important to us that your personal information held by us is accurate, complete and current. If you are a registered user of this website, you may log in to your account and (functionality permitting) update your personal information.
To request access to, or correction of, your personal information held by us, you may contact our Online Sales Team – 0800 764 847
9. Storage and security
Where we store your personal information will depend on the nature and purpose of the information and the manner in which you supply it to us. We may hold your personal information at Smiths City Southern Limited Head Office, 261 Opawa Road, Christchurch.
No data transmissions over the internet can be guaranteed as completely secure. Accordingly, we cannot warrant or guarantee the security of information transmitted from or to you. Once we have received your personal information, we will use reasonable efforts to protect that information against loss or misuse and against unauthorised access, use, modification, or disclosure.
10. Third Party Websites
This website may contain hyperlinks to third party websites. We are not responsible for the content of third party websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When visiting a third party website(s) from hyperlinks on this website, we encourage you to review the privacy statements of those website so that you can understand how the personal information you provide will be collected, stored, used and distributed.
11. Online Sales Team
You may gain access to your personal information, make a complaint about breach of your privacy rights, or make enquiries about collection or use of your personal information by contacting our Online Sales Team:
Telephone: 0800 764 847
Mail: 261 Opawa Road, P O Box 2343, Christchurch 8042
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
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.
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 "Top Deals" and ‘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. Carpet has a maximum of 18 months INTEREST FREE. Equal instalment amounts are indicative and exclude insurance. Booking fee $45.00, Annual fees $45.00 p.a., Security registration fee $8.05. Current interest rate of 23.95% applies to any unpaid balance after expiry of (any) interest free period.
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, "Top Deals" and "Everyday Low Price" items. Farmlands and 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. Smiths City Promotions
a) 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 and 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.
b) Boxing Day deals are only available Online 25th and 26th December & Instore on Saturday 26th December *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 are limited to one per customer. This Returns Policy is applicable for all purchases made online from smithscity.co.nz only.
c) Buy one & get the second half price:-
*Discount is off our full retail price.
*1 This offer is available online only and includes items in the following website categories: Beverages, Food Preparation, Bench-Top Cooking, Coffee Machines and Personal Grooming. This offer excludes Floor Care. Second item must be of equal or lesser value then the first item.
d) New Century Sale
*Discount is off our full retail price. #Apple products, selected computers, game consoles, gift cards, clearance items and some promotional items are not available in conjunction with INTEREST FREE offers. Exclusions, fees, terms & conditions apply, and insurance not included. Limited Quantity Deals are 1 Per Customer only. Trade not supplied. Personal shoppers only. See in-store or visit smithscity.co.nz. Offers available from Wednesday 3rd until Tuesday 9th July 2019 unless otherwise stated. ~Prize draw runs from 3rd until 30th July 2019. Terms & conditions apply. Visit www.smithscity.co.nz/101-birthday-terms-and-conditions. Some products are not on display in all stores - please call your local Smiths City to check availability. †See smithscity.co.nz for full price promise terms and conditions. ^Promotion runs 3rd-30th July 2019. >There are no set-up, annual fees, or account maintenance fees - a notification fee of $19 may be charged in circumstances of default. Terms & conditions and credit criteria apply. See in-store or visit smithscity.co.nz 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.
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:
- 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;
- 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;
- a guarantee that the goods correspond with any description with which the goods are supplied; and
- 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.
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.
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.
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 that 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 and the Outer Islands (Chatham Island, Stewart Island, Kawau Island, Waiheke Island, Matakana Island, Great Barrier Island and d’Urville Island) will incur additional costs and are excluded from free shipping offers.
*Excludes Five Deal Friday 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 your item by following the link. If Smiths City is providing the delivery we will notify the day and a.m. or p.m. 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, please be sure to have a purchase receipt on you and at least one form of photo identification.
35. Online Orders
Any information contained on our website constitutes only an invitation to treat, and is not an offer by us to supply any products, goods or services.
When you submit an order to us, you are making an offer to buy those products in accordance with these Terms. We reserve the right to accept or reject any order (in whole or in part) submitted by you, for any reason whatsoever, including but not limited to any order that we believe, in our sole judgement, to have been placed fraudulently, to supply to trade, or to re-sell.