These terms are issued by Show Television Ltd and Southern Cross Promotions Ltd (““The Company””) and are effective from 1 July 2013. They cover the use of our website www.showtv.co.nz, www.showtvshop.com, www.fordtools.co.nz and all associated ‘product specific’ websites. They also cover any goods sold on behalf of the company www.showmeshop.co.nz , and they apply to purchases made from “The Company” at any physical marketplace and/or purchases made over the phone.
Please read these terms carefully – should you wish to refer to them again they can be found on our websites or are available in writing at any time before purchase upon request.
The websites operated by “The Company” and sales materials provided by ‘The Company’ offer information about products offered by “The Company”, and while we endeavour to ensure the information is up-to-date and accurate, on occasion omissions and errors can occur. “The Company” accepts no liability either direct or indirect for any losses or damage that may result from any decisions that are made based on information provided on these sites or sales materials. The consumer is solely responsible for any actions or decisions they may make.“The Company” may make changes to these sites or sales materials at any time and without notice.
Contract, Payment and Delivery
When you place an order you are making an offer to buy goods. Where goods have not been purchased from a physical marketplace and an email address is provided, we will send you an e-mail to confirm that we have received and accepted your order, this indicates that a contractual relationship has been established. You may not cancel your order once accepted by us except as permitted by law. We will take payment from you when we accept your order. Please choose your products carefully, we do not provide refunds if you change your mind.
Where goods are no longer available, we will refund any payment you have made to the account it originated from, and advise you that the goods are no longer available.
We reserve the right to refuse or cancel any order for any reason.
Goods may be sold by way of periodic instalments in which case the goods will be delivered after sufficient payments, as agreed at the time of sale, have been made. Where periodic instalments are agreed, the instalments must be made as and when due. Where periodic instalments are not paid we reserve the right to place the full debt with a debt collection agency and to repossess the goods. Additionally you will become liable for all costs incurred in recovery of the debt and/or the goods.In all other cases, unless otherwise agreed by us, goods will be delivered after the purchase price is paid in full. Title to goods remains with “The Company” until the full purchase price has been paid.
Delivery will be made to New Zealand and Australian addresses at a time and in a manner determined by “The Company” and no guarantees can be made as to time of delivery.
All prices listed are in New Zealand dollars (www.showtv.co.nz, www.showmeshop.co.nz, www.fordtools.co.nz) or Australian dollars (www.showtvshop.com) and are inclusive of GST. We reserve the right to alter prices at any time for any reason.
Return of Goods
The Consumer Guarantees Act, the Fair Trading Act and The Australian Consumer Law provide the basis for our returns policy unless otherwise stated. Any return courier or postage charges are at your own expense. Before any return of goods for any reason, contact must be made with a customer service representative via either phone or email in order to receive instructions for the return of the goods. Contact information is freely available on all sales materials and invoices, or contact can be made by calling our customer service department on 0800 629 627 (NZ) 1800 441 442 (AUS) or emailing firstname.lastname@example.org (NZ) email@example.com (AUS)
Unless the product has been purchased with a money back guarantee, or the product has a failure of substantial character, ‘The Company’ does not provide refunds.Where provided, refunds are limited to the purchase price paid for the goods. No refunds will be given for “Trial Period” charges, postage, delivery costs, insurance or any other costs or expenses incurred by the consumer while using or returning the goods. Where a money back guarantee has been provided, a Return Authorisation Number (RAN) must be obtained before returning the product to ‘The Company’ at the address provided, within the timeframe specified and accompanied by proof of purchase. Any returned goods must be in original packaging and in saleable condition otherwise ‘The Company’ reserves the right to apply a restocking fee of up to 20% of the original purchase price, to be debited before remittance of any refunded monies.
Faulty or Defective Goods
Goods that fail within a specified warranty period should be returned to ‘The Company’ within that warranty period and accompanied by proof of purchase and a return address. Before any return of goods contact must be made with a customer service representative via either phone or email in order to receive instructions for the return of the goods. Goods that are found to be defective will be either replaced or repaired at the discretion of “The Company”. Where a product fails outside the specified warranty period “The Company” accepts no obligation other than that expressed by law, to repair or replace the goods. However in some circumstances repairs/replacements can be arranged for a fee. Enquiries regarding this service should be made firstname.lastname@example.org. Where “The Company” agrees that a product has a failure of a substantial character, the consumer can choose either a refund or to have the product replaced. Our liability to the extent allowed by law will be limited in all instances other than refunds previously referred to, to one of the following, at our discretion:
Replacement goods will be:
Nothing in these Terms & Conditions affects your rights under applicable law.
Limitation of Liability
“The Company” accepts no liability for personal injury, property damage, costs or expenses directly or indirectly incurred by the consumer while using any of the products sold by “The Company”’.Where the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Australian Consumer Laws and other statutes imply warranties or conditions or impose obligations upon “The Company” which cannot bylaw (or which can only to a limited extent by law) be excluded or modified, then liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.