Conditions of Use
Acceptance of terms
These terms and conditions govern all supply of goods and services ("products") by THOMMAN’S to you, the purchaser of goods and services from us, including your use of the website at www.thommans.co.nz the website. They are effective from 23 June 2023 and will replace all earlier Thomman’s terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorization to agree to these terms and conditions on behalf of the entity.
Availability and Supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop. Otherwise we will inform you of the shortage in stock by contacting with the provided contact details. We have the authority to cancel the entire order or any items in the order due to delivery limitations or shortage in stock.
Delivery and Delivery Charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
We do courier all over New Zealand except for frozen items and we have the authority to cancel frozen items from the courier orders. Prices for goods and services stated on our website are exclusive of courier charges. The cost of the courier will be informed by contacting you with the provided email id or contact details.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
Pricing
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice can be emailed on request to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment Options
We don’t accept direct transfer
The payment gateway is on hold at the moment is Stripe and Poli
you can pay at the same time of placing an order. Stripe payments will be charged 3% extra to the order amount.
Credit Card Security
All payments are processed via poli and stripe secure payments system to ensure high levels of payment security and are subject to terms and conditions:
https://stripe.com/payment-terms/legal
Shipping and Delivery
Thomman’s service is available in the Whangarei region and all over New Zealand. We deliver all the orders above $50 for free in Whangarei (should be within 10km from i site whangarei). Orders less than $50 will be charged $5 extra. Outside this area will be charged appropriately $2/km or individual delivery charges will apply as notified while placing an order. For courier orders, The size and weight for a courier is .050m3 and 25kg respectively, any orders exceeding this may acquire an additional courier charge. The cost of the courier will be informed by contacting you with the provided email id or contact details. We are not responsible for any damages caused during the transportation. Customers can insure their items by contacting the courier company and it is totally out of our responsibility. Customers from far north can place their order and can arrange a time to collect by calling on 0224144991. Orders until 4pm will be processed on the same day. Any orders after 4pm will be processed on the following working day.
Website Appearance
The product images provided in our website are just illustrations and the real product size, product details and product appearance may be different from the original.
Returns
"We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully and before placing an order, make sure the product and product quantity are correct. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy."
Check your product while receiving and inform immediately with the delivery person if there exist any damage or defect. Also the wrong orders should be informed immediately so that we can make the correct order as soon as possible. We don’t accept return on accidental and any other damages. The products under the clearance category may be expired, near expiry or second quality. Only purchase from the clearance category if you are completely satisfied. We do not provide a refund or replacement if you have changed your mind about the product, so please choose carefully and double check your order before placing.
For more information: Applicable consumer laws in New Zealand including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. Check out: https://www.consumerprotection.govt.nz/general-hel....
Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable Law and Jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Privacy Policy and Confidentiality
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Websites may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.thommans.co.nz
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified us.
