Terms & Conditions
This Terms and Conditions document (together with the Delivery Options, 30 Day Return Policy, Acceptable Use Policy and Your Privacy & Security Online pages on this site) governs the use of EziBuy's Online Service (the Service) including shopping and participation in promotions run by EziBuy. By using the Service, you agree to be bound by this document (and those pages). You can access this document at any time from the bottom of any page of the site.
Shopping Terms & Conditions
Purchasing from EziBuy.co.nz
EziBuy shopping gives customers convenient, quick, easy and secure shopping.
Products displayed on the site shopping areas can be purchased using a secure online Mastercard, Visa, Diners Club and American Express transaction facility. Customers can be confident that all of their credit card details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfilment or as otherwise authorised by you or permitted by law.
You will be asked to register as a member of EziBuy.com.au. Apart from the many member benefits, including receiving regular emails containing special deals, your shopping address details will be filed saving you the effort of entering these details each time you checkout.
Products will be supplied by either EziBuy Limited or EziBuy International Limited. Products supplied by EziBuy International Limited will be shipped to you from overseas. After placing an order, you will receive an email acknowledging receipt of your order and confirming which company will be the supplier. This does not mean that your order has been accepted. Your order constitutes an offer to the supplier to buy the product. All orders are subject to acceptance by the supplier, and the supplier will confirm such acceptance by sending you an email that confirms that the product has been dispatched. The contract between the supplier and you will only be formed at that time.
The contract relates to those products whose dispatch has been confirmed by the supplier. The supplier will not be obliged to supply any other product which may have been part of your order until the dispatch of those products has been confirmed. Your credit card payment will be processed by the supplier at the time your products are dispatched. If required, a $1 authorisation fee may be temporarily applied to verify the validity of your credit card at the time the order is processed.
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when the supplier receives full payment of all sums due in respect of the products, including delivery charges.
All prices and delivery charges on our site are in New Zealand dollars (NZ$) and include New Zealand GST (if any). We reserve the right to alter prices and delivery charges for any reason at any time. If this should happen after you have placed an order, we will contact you prior to processing it.
If you order products for delivery outside New Zealand, or where the products are shipped from overseas by EziBuy International Limited, the products may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of these duties and taxes. Where the products are shipped from overseas to New Zealand, you agree that you act as importer of them and they are for private use only. Further, where the value of a single consignment exceeds the prevailing New Zealand low value GST threshold, it is likely that you will incur import GST on them.
The supplier will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under its contract with you that is caused by an event outside its reasonable control.
Contracts for the purchase of products using the Service, and any dispute or claim arising out of or in connection with them or their subject matter or formulation, will be governed by New Zealand law. Any such dispute or claim shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
We use the secure Hosted Payment page solution from DPS to process online orders. Customers can see their cards being authorised in real time, all in an SSL secure environment. The Hosted Payment page enables us to offer customers a safe and speedy online shopping experience.
DPS is committed to protecting the security of your data. We use a variety of security technologies and procedures to help protect your personal information from unauthorised access, use or disclosure. For example, we store the personal information you provide in computer servers with limited access that are located in controlled facilities secured by the latest in surveillance and security technology. When we transmit sensitive information (such as a credit card numbers) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Credit card details stored on site are encrypted using 168bit 3DES encryption. DPS is also certified AIS compliant.
If you have any queries regarding shopping with EziBuy.co.nz, please email firstname.lastname@example.org or call 0508 500 500.
Use of the Service by You
Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service.
You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.
The Service's content, information and advice is free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
Other than connecting to EziBuy's servers by HTTP requests using a web browser, you may not attempt to gain access to EziBuy's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, EziBuy and/or the Service.
You also accept, and agree to abide by, our Acceptable Use Policy, which applies to all users of the Service and our website.
EziBuy is a trade mark of EziBuy Limited. EziBuy Limited is the owner of the copyright and other intellectual property rights in the material contained in the Service or is permitted by the owner to use such material. No permission is given in respect of the use of such mark or rights, and such use may constitute an infringement of the owner's rights.
EziBuy will over time provide content and information which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on the Service.
Your Privacy & Security Online
This Service provides general information about EziBuy Limited and its subsidiaries, including EziBuy International Limited, and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about EziBuy, its subsidiaries and the services and products they offer. EziBuy reserves the right to change, delete or move any of the material on the Service at any time without notice.
EziBuy and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service. This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.
EziBuy has the right to revise and amend this Terms and Conditions document from time to time.
Click & Collect Terms and Conditions
1. Click & Collect orders cannot be modified or cancelled once your order has been confirmed.
2. Click & Collect is only available from selected locations as shown on the website. During the ordering process, you need to select a store from which you will collect the order. At the time you place your order, the website will show an estimated number of days until your order is available for collection. You will receive notification via email and SMS (if you provide your mobile number) when your order is ready for collection.
3. When you collect your order from a Countdown store, you will incur a $4 collection fee (per order). This collection fee will be charged to you at the same time as your order is accepted by us. There will be no collection fee payable when you collect your order from an EziBuy store.
4. We will aim to have your order ready for collection by the estimated collection time frame. We will not be liable to you or any other person for any delay. In this instance, we will provide you with notice of such delay as soon as reasonably possible.
5. Click & Collect orders must be collected within 14 days from the date you receive notification that your order is available for collection. If your order is not collected within this time frame, we will issue a refund, less a postage fee, using the original payment method. A $5 non-collection fee may also apply in the instance where you fail to collect your goods within the required time frame.
6. You agree to comply with certain collection requirements specified below and other requirements that we notify you of when you place your order through the website or prior to collection:
(a) you must collect your order from the nominated collection point selected by you when you placed your order;
(b) photographic identification and a signature, and where relevant, proof of age, must be provided when you collect your order; and
(c) the EziBuy email order confirmation or SMS confirmation or receipt for your order must be shown when you collect your order.
7. We will not allow a restricted product to be collected by a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions.
8. You acknowledge that we may record the details of any identification provided in relation to collection of products.
9. EziBuy’s usual returns policy applies to Click & Collect orders. Click here for more information.
10. EziBuy reserves the right to change or discontinue the Click & Collect service at any time, without notice.
Win Your Shopping Back plus $1000 Competition Terms and Conditions
1. ACCEPTANCE OF TERMS
1.1 Information on how to enter the Promotion and Prizes form part of these Terms.
1.2 By making a Qualifying Purchase in accordance with clauses 3.3 and 3.4 below, entrants are deemed to accept these Terms.
2.1 Entry is open to all Australian and New Zealand residents, 18 years or over, who have an EziBuy customer number (“Eligible Entrants”).
2.2 EziBuy Group employees, immediate family members of employees, employees of any company associated with the Promotion are ineligible to enter.
3.1 The Promotion commences on 00:01 (AEDST/NZDT) on 09/10/2014 and entries close at 23:59 (AEDST/NZDT) on 02/11/2014 ("Promotion Period").
3.2 The Promoter cannot accept responsibility for any late, lost or misdirected entries or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside their control.
3.3 To enter, Eligible Entrants must spend $75 or more in one transaction after discounts have been applied on EziBuy merchandise (excluding gift cards, top ups, out of stock items, delivery charges and other discounts) during the Promotion Period and, at the time of each transaction, enter their EziBuy customer number (“Qualifying Purchase”). For every Qualifying Purchase Eligible Entrants will receive one automatic entry into the prize draw. Each transaction must be placed against the entrant’s EziBuy customer number to automatically receive entry into the Prize Draw.
3.4 Entry is valid for purchases made through the EziBuy websites, EziBuy call centre, EziBuy catalogue and New Zealand EziBuy Retail Stores.
3.5 Eligible Entrants who are an EziBuy MVC Customer during the promotional period will receive one (1) bonus entry for each Qualifying Purchase.
3.6 Multiple entries are permitted as long as each entry is made in accordance with clauses 3.3 and 3.4.
3.7 Entrants must retain proof of purchase and may be asked to provide this information to the Promoter in order to claim their prize. Entrants can only enter in their own name. The Promoter reserves the right to request prize winners to produce (within the requested time) appropriate photo identification or other documentation (to our satisfaction, at our sole discretion) in order to confirm a prize winners’ identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by a prize winner in entering the Promotion before issuing a prize. If the documentation required by the Promoter is not provided to the Promoter (or its nominated agent) or a winning entry has not been verified or validated to the Promoter’s satisfaction within the time requested, that winner’s entry will be deemed invalid. In the event that a winner cannot provide suitable proof of identity, the winner will forfeit the prize in whole and no substitute will be offered. The prizes will only be awarded following any winner validation and verification that the Promoter requires in their sole discretion.
4 PRIZES AND WINNING
4.1 The random prize draw will take place at 11:00 (AEDST) on 10 November 2014 at Oxygen Interactive Marketing, 117 Wellington St, St Kilda VIC 3182.
4.2 There will be ten (10) prize winners randomly selected from New Zealand and ten prize (10) winners randomly selected from Australia from entries received during the Promotion Period.
4.3 Each prize winner will receive a refund of the total value of their EziBuy transactions made against their EziBuy customer number during the Promotion Period, up to the maximum value of $3,000, plus $1000 cash. (“Prize”).
4.4 Total potential prize pool value is up to AU$40,000 in Australia and NZ$40,000 in New Zealand.
5 PRIZE CONDITIONS
5.1 Prizes (and parts thereof) are not transferable or exchangeable.
5.2 Winners will be notified by phone and email within two (2) business days of the draw, using the contact details associated with the winner’s EziBuy customer number. It will be the responsibility of each entrant to ensure their contact details are up to date. The Promoter will accept no responsibility for any failure by an entrant to keep their contact details up to date.
5.3 The Australian winners will have their details published in The Australian newspaper on 19 November 2014. The winners names will also appear on the EziBuy website.
5.4 If there are any unclaimed or un-awarded prizes a prize re-draw will be conducted on 24 February 2015 at the same time and place as the original draw. If a winner is drawn at that re-draw, they will be contacted by phone and in writing within two (2) business days and will have their name published in the Australian on 1 December 2014. The Promoter’s decision regarding any dispute arising under these Terms is final and no correspondence will be entered into.
5.5 The Promoter may refuse to award a Prize to any person who has, in the Promoter’s view acted in a fraudulent manner, breached these Terms or gained an unfair advantage in participating in the Promotion.
5.6 If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
6.1 Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner in any media for reasonable period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
7.1 If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
7.2 If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under the Lottery and Gaming Regulation and state permit regulation.
7.3 Certain consumer protection legislation in Australia and New Zealand (including the Australian Consumer Law and the Consumer Guarantees Act 1993) may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot by law be excluded, restricted or modified. To the extent permitted by law, the Promoter excludes all other guarantees, warranties, conditions or other terms that apply under or are implied by statute, common law or trade custom or usage.
7.4 Any cost associated with accessing the EziBuy website is the entrant’s responsibility and is dependent on the Internet service provider used.
7.5 The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
7.6 The Promoter is EziBuy Limited, Level 4, The Textile Centre, 1 Kenwyn Street, Parnell, Auckland 1052, New Zealand. Tel 0508 500 500 (from within NZ) or 1800 148 148 (from within Australia). ABN 13 398 168 301.
7.7 Authorised under permit numbers: NSW: LTPS/14/07608 ACT: TP 14/03344.1 VIC: 14/5260 SA: T14/1828
DEFINED TERMS AND INTERPRETATION
7.7 In these Terms, the following words have the following special meanings:
a. “Terms” means these competition terms and conditions (as amended from time to time);
b. “The Promoter” means EziBuy Limited and any of its related companies; and
7.8 For convenience, these Terms have been grouped under different headings, but the headings do not affect the meaning of these Terms.