Terms & Conditions
Acceptance of Terms and Conditions
These terms and conditions apply to the use of this Home Outlet and Home Outlet Website. By searching and purchasing on this Website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, do not use this Website.
Amendment of Terms and Conditions
Home Outlet and Home Outlet may amend these terms and conditions at any time by posting amended or replacement terms and conditions on the Website. Amendments will be effective immediately on updating the Website and it is your responsibility to ensure that you are familiar with the content of the latest version of the terms and conditions at all times. By continuing to use the Website you agree to be bound by any amendments to the terms and conditions made since your last use.
Terms and Conditions Definitions
Home Outlet means Home Outlet Limited, at Auckland, New Zealand.
"you", "your" means any person who uses the Website to search for and/or purchase Products.
"we", "us", "our" means Home Outlet Limited, at Auckland, New Zealand.
"Website" means Home Outlet's Website at www.homeoutlet.co.nz
"Products" means products listed and advertised for sale on the Website by Suppliers.
"Supplier" means a person who advertises any Products for sale on the Website.
Please note that Home Outlet collects and retains information regarding visitors to the Website and products purchased for the following purposes:
- To operate and administer the Website and give effect to all transactions and matters arising from your use of the Website;
- To provide to Suppliers, to enable those Suppliers to respond to queries from you about Products, to form and complete sale transactions with you, to collect any further information the Suppliers may require from you and to otherwise enable Suppliers to administer their relationship with you following any direct contact with you;
- To improve and analyse the use of the Website and provide reports on Website usage to Suppliers and other parties;
- To communicate with you for any purpose relating to your use of the Website and in connection with these terms and conditions;
- To enforce its rights under these terms and conditions.Personal information collected for the above purposes will be retained by Home Outlet in its database.
You have the right under the Privacy Act 1993 to access any personal information held about you and request to correct or delete any personal information of the Home Outlet database. You can do this by sending an e-mail request to info @ homeoutlet .co .nz
Home Outlet reserves the right to decline to add you to our database at any time, to remove your details from our database at any time and/or to block you from accessing the Website at any time at our sole discretion.
By purchasing product on the Home Outlet Website you are also expressly authorising Home Outlet to provide your details as entered on the Website (including without limit your name, address, phone numbers) to suppliers to process your order with them for products and arrange for the delivery of those products to you.
Home Outlet does not retain any details relating to credit cards used to order products.
Where you have you have provided an email address in the course of placing an order you have authorised Home Outlet to contact you by email to advise you of offers being advertised on the Website. You may advise us at any time that you no longer wish to receive emails from info @ homeoutlet. co. nz and upon receipt of such advice we will remove your email address from our mailing list.
Explanation of Website and Services
Home Outlet provides a marketing and sales forum for Suppliers to advertise and sell their Products online and for potential buyers to view and purchase Products advertised for sale. Home Outlet is not a buyer or seller of Products and does not otherwise participate in any Product sale transaction (as principal, agent or in any other capacity) apart from providing a mechanism for you to make payment for Products and facilitating the provision of any customer service and support that you may require.
To use the Home Outlet Website you must;
- be 18 years or over to purchase products;
- use the Website for the purpose of searching for potential Product purchases and to execute purchases of Products in accordance with the Website processes and instructions only;
- act in good faith toward Home Outlet;
- communicate with Home Outlet and Suppliers for bona fide purposes only (for example, in relation to searching for, or enquiring about, Products or enquiring about use of the Website);
- not engage in any offensive communications over the Website;
- not use the Website for communicating with Suppliers with a view to engaging in purchase activities with Suppliers otherwise than through the Website;
- comply with any directions given to you by Home Outlet regarding your use of the Website and otherwise comply with the processes and procedures contained in the Website;
- not attempt to damage, interfere with or harm the Website or any network or system underlying or connected to it, including by using a robot, spider, software or other automated means of access to the Website or information featured on it, for any purpose.
Provision of Information
When you use the Website to purchase any Products you will be required to provide certain information. You agree and warrant that:
- You will not use any false identities or personas and must provide us with your full legal name and current details;
- All information provided by you will be true and correct in all respects at the time it is given;
- You are responsible for ensuring that all information which is necessary to process any uncompleted sale transaction is kept up to date at all times.
We may from time to time develop (and alter) policies relating to the use of the Website which are separate from these terms and conditions and which have general application to all users of the Website, and you must comply with all such policies as and when they are posted on the Website.
Exclusion/Limitation Of Liability
You acknowledge that Home Outlet will not be liable for any damage, loss, cost, claim or expense arising out of or relating to: 1. Any product purchased via www.homeoutlet.co.nz or a 'linked' Website, or2. Your use of this Website or any 'linked' Website, or3. Your use of or reliance on information contained in or accessed through this Website. To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. This disclaimer does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the Consumer Guarantees Act 1993). Home Outlets liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect including, without limitation, loss or profits, loss of data, loss of business and consequential and indirect loss. You agree that any and all liability and responsibility of Home Outlet to you (whether such liability arises in contract, tort, equity or otherwise) as a result of or arising from your use of the Website or our services or for any other matter relating in any way to the Website or its content, is excluded to the maximum extent permitted by law.
Consumer Guarantees Act
If you are using the Website for business purposes, you agree, for the purposes of the Consumer Guarantees Act 1993 (Act), that you are doing so and that that Act will not apply to you.
Subject to preceding paragraph, nothing in these terms and conditions limits or affects any rights you may have under the Act in respect of use of Website and your dealings with Home Outlet.
You hereby indemnify us from and against all losses, damage, costs and expenses suffered or incurred by us arising from your use of the Website including from any misleading, deceptive or inaccurate information provided by you to us.
Use of Website at your own risk
Sale transactions and all other contracts and activities between you and Suppliers are conducted entirely at your own risk, and you acknowledge and agree that Home Outlet takes no responsibility or liability for acts or omissions of Suppliers. Without limitation, Home Outlet gives no undertakings, representations or warranties in relation to Products listed or sold listed on the Website including as to:
- the accuracy or truth of Product listing information;
- the ownership of or title to any Products;
- the content, safety, description, quality and legality of Products;
- the fitness for purpose of any Products;
- the reputation of Suppliers or their ability to complete a sale transaction.
Although the information provided in this Website is presented in good faith and believed to be correct as at the date it was submitted, we make no warranties or representations about the accuracy or completeness of this Website, its contents or the content of any Website 'linked' to or from this Website, nor do we undertake to keep this Website updated. We will not be liable for any damage, loss, claim or expense suffered as a result of the information on this Website or any 'hot linked Website' not being accurate or updated. You must take your own steps to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to your computer system arising out of or relating to your use of this Website or any 'linked' Website. Any information which you transmit to us is transmitted through a secure internet system. All reasonable steps to ensure that this information is secure have been taken but we can not warrant all information will be secure at all times.
Website Accessibility and System Integrity
We will use all reasonable efforts to ensure the general availability of the Website and to prevent the corruption or loss of data of held by us and the transmission of viruses. However, we take no responsibility for and have no liability for any unavailability of the Website, corruption or loss of data or transmission of viruses or losses relating to these events. In particular, we take no responsibility or liability for any events which are outside our reasonable control including communications and hardware failures relating to the Website.
The Website is controlled and operated from within New Zealand and we make no representation or warranty that the Website or its content are appropriate, available or lawful for use in other countries. If you access the Website from outside New Zealand, you are responsible for ensuring your own compliance with local laws.
Set out below is an explanation of the various pricing terms used on homeoutlet.co.nz. It is important that you as the customer understand how the various prices quoted on the Website are established, what they mean and how they are used. An understanding of the way the prices offered through the Website work will enable you to better determine whether you wish to purchase the product.
The NZ$ means the Home Outlet price. The prices in 'red' detail the recommended retail price, excluding freight when products are sold via traditional retailers.Although we endeavour to ensure every NZ$ price and recommended retail price and all product information is accurate, we accept no liability or responsibility if any prices or product information as quoted on this Website or linked sites, e.g. TradeMe, is inaccurate or does not comply with any legal or regulatory requirements.
Suppliers may direct us to change a price or any product information listed on the Website at any time. We take no responsibility for such changes which are at the sole discretion of the supplier. We will endeavour to correct any errors or misprints on the Website as quickly as we can once becoming aware of any such errors or misprints.
All prices quoted on this Website include GST.
Specific Buyer Obligations for Sale Transactions
The following specific requirements apply regarding sale transactions:
- Orders for Products may not be retracted once placed. By placing an order, you warrant and represent that you have the legal right to enter into the sale transaction;
- You must complete the purchase of a Product on notification of acceptance of your order (including making payment in full);
- If you default in completing any sale transaction (including failing to make payment of any part of the purchase price for any Products) you will have legal liability to the Supplier and we may suspend or ban your use of the Website.
Home Outlet operates a credit card payment mechanism to enable you to make payment for all sales of Products. Your credit card details will be captured at the time you place an order for an advertised Product so that if your order is accepted by a Supplier, payment will be processed automatically at that time. Payment for all sale transactions must be made by either credit card or as agreed by Home Outlet.
Any cancellation requests prior to the goods being shipped will be subject to a $20 handling fee. No refunds will be issued after the goods have been shipped. Please click here to contact us for any cancellation requests.
Home Outlet will facilitate the communication between you and Suppliers for Product enquiries. Suppliers will be able to respond directly and Home Outlet will follow through on queries to ensure that they are answered.
As the sellers of Products, Suppliers have sole responsibility relating to Product liability, including responsibility to deal with any Product claims, refunds or returns you may wish to make and any other issues involving Products sold to you over the Website. However Home Outlet will use its best endeavours to make sure that the Supplier follows through on its product liability responsibility.
Complaints or claims concerning Products purchased over the Website or a Supplier's conduct in relation to a sale transaction completed over the Website must be addressed to Home Outlet and the Supplier concerned.
All intellectual property rights in the Website (including copyright in all text, graphics, logos, software and icons) are owned by or licensed to Home Outlet, and you agree that you may not copy, adapt, store, distribute or reproduce any part of the Website without our prior written approval.
These terms and conditions will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and we each submit to the non-exclusive jurisdiction of the New Zealand courts.
The supplier is solely responsible for arranging delivery of the product and we are not responsible for delivery in any way. Special delivery requests such as international dispatches will be passed to the supplier for its consideration and any decision as to whether or not such requests can be met rests solely with the supplier (who may choose to require certain terms, including extra costs, be met before agreeing to comply with such special requests).
Expected delivery times are 2 to 10 working days. Allow an extra 2 days for rural deliveries. Delivery times may however be extended during busy seasonal periods due to heavier demand. Delivery times may also be delayed due to public holidays and over the Christmas/New Year period. We encourage the suppliers who advertise on this Website to ensure as quick delivery as possible. Please contact firstname.lastname@example.org with complaints and we will review these with the supplier concerned.
Permission to Return and Receive Credit
We will accept return of merchandise only if it is in a SALEABLE CONDITION and notification is within 72 hours of receipt. We will Issue Credit to your account or Credit Card in NZ dollars. For unwanted merchandise the cost of return shipping shall be the responsibility of the customer.
Damaged or Incorrect Merchandise
Any incorrect deliveries must be notified to Home Outlet within 78 hours of delivery. We will, upon your request, replace any merchandise that is received as a result of a picking error.
Any freight damage must be notified prior to the customer signing for the consignment receipt. The customers signature confirms that the goods have been received in good condition. If the customer has signed the freight documentation, Home Outlet will not be able to assist in product return or replacement.
If the customer organises their own freight Home Outlet does not take any responsibility for product damage. The customers/or customers representative's signature at the warehouse confirms that the goods have been received in good condition.
Any manufacturing faults must be notified in 48 hours. We will upon your request access the option of compensation or replacement. Please note return freight costs shall be the responsibility of the customer.
All Couriered items require signature when received. If no-one is home to sign for the item, a card will be left for customer to arrange a suitable time for delivery. If customer would prefer the item to be left without signature please advise Home Outlet at time of payment.
Any freight tracking enquiries need to be e-mailed email@example.com quoting invoice number, product description and details of the enquiry. These enquiries will only be initiated after the expiry of the delivery date.If you have any additional questions regarding freight please contact firstname.lastname@example.org
The inclusion in this Website of links or to other Websites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, products or operations of those Websites or the operators of those Websites. No responsibility can or will be taken by Home Outlet.
This Website is controlled and operated from within New Zealand. We make no representation or warranty that the material in this Website is appropriate or available for use in other countries or that such material satisfies the laws of other countries. If you choose to access this Website from countries outside New Zealand, you do so of your own initiative. You are responsible for ensuring that your access to this Website is not illegal or prohibited and for your own compliance with applicable local laws.
You may not use or export the materials in this Website in violation of New Zealand laws and regulations. You acknowledge that products bought in response to advertisements on this Website are subject to the export control laws and regulations of New Zealand.
Intellectual Property Rights
All intellectual property rights in this Website (including copyright in all text, graphics, logos, software and icons) are owned by, or licensed to Home Outlet Ltd. Except as expressly authorised by these terms and conditions, you may not, in any form or by any means, copy, adapt, store, distribute or reproduce any part of this Website without the written permission of Home Outlet.
Unless otherwise agreed by Home Outlet, you are provided with access to this Website for personal, non-commercial use only. You may reproduce any information contained on this Website for your personal use.
This agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
Use your Q Card to make online purchase with Home Outlet and receive at least 3 months no payments and no interest (Payment Holiday) on your purchase. On promotional days (as advertised by Q Card from time to time) you could get an extended Payment Holiday period, click here for current offer terms and conditions. To make a purchase with your Q Card simply select 'Credit Card' as your payment type when you check-out, enter your Q Card number, expiry date and CVV number (3 digit number on the back on your Q Card) and proceed as normal.