TTS Online Shop Terms and Conditions

1. General
1.1 The TTS Online Shop at shop.tts.co.nz (the “Site”) is a shopping website where you can browse, select and order products from TTS (“us” or “we”). The Site and the information on it constitute an invitation to treat and not an offer to sell or supply any Product.
1.2 Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions. You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the Site. You agree to comply with the terms of use. You can view Terms of Use here for the use of the Site.
1.3 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
2. Placing an order for Product
2.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
2.2 Any order placed through the Site for the Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order. You and we may enter into a contract for the sale and supply of a Product by you making an offer via the Site to purchase a Product at the price on the Site by:
a. placing an order in accordance with the process on the Site;
b. you making payment in full via the Site in accordance with these terms and conditions;
c. our acceptance of that offer in accordance with these terms and conditions.
2.3 We may ask you to provide additional details or require you to confirm your details prior to our offer being accepted by you to enable us to process any orders placed through the Site.
2.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
2.5 Please choose carefully, as refunds are not normally provided where you have simply changed your mind, make a wrong selection or found an item cheaper elsewhere.
3. Acceptance or rejection of an order
3.1 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
3.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
a. supply the Products in that order to you in accordance with these terms and conditions; and
b. provide you with an email confirmation of that order.
3.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection within a reasonable time after you submit your order.
4. Back orders
4.1 If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant Product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
5. Restricted Products
5.1 You:
a. subject to certain limited exceptions specified by law, acknowledge that it is against the law to sell or supply a Restricted Product to, or obtain a Restricted Product on behalf of a person under the legally prescribed age for that classification; and
b. warrant that you are not obtaining a Restricted Product on behalf of a person that is not of the appropriate legal age referred to in (a) above, unless you are permitted to do so by law.
5.2 We reserve the right to take legal action and seek compensation from you for any loss or damage we may suffer as a result of a transaction entered into is in violation of these terms and conditions.
6. Minimum and maximum amounts in orders
6.1 The minimum purchase amount for each order is $10.00 excluding the Delivery Fee and any other handling fee or fees. If specified on the Site for a particular Product, you may only obtain up to the maximum amount of the Product (if any) specified on our Site.
7. Delivery of Product
7.1 We will only deliver Products ordered through the Site to a location serviced by a courier company at competitive commercial rates.
7.2 The Delivery Fee for your order depends on the type of Product you order (in particular, the size and weight of the Product), your location, and the costs charged by the contracted courier company.
7.3 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
7.4 We also recommend that you be present to accept the delivery of your order if you have paid by credit card.
7.5 We may require the person accepting the delivery of your order to:
a. provide the courier with proof of that person’s identify (including photographic identification) and, where relevant, age. If that order has been paid by credit card, then the courier may also ask you to show us the credit card for us to conduct our verification checks; and
b. where relevant, provide the courier with proof that the consents referred to under “Restricted Products” section of these terms and conditions have been obtained.
7.6 If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
7.7 You:
a. acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order; and
b. will ensure that the person receiving any Restricted Product is over the required age prescribed by law and, in the circumstances referred to in these terms and conditions, you are, or accompanied by a person that is over the age of 18 years.
7.8 We will not deliver a Restricted Product to a person that is not of the appropriate legal age or if you are in breach of any of these terms and conditions. In this instance, we will cancel the order and refund any amounts for that order under these terms and conditions (excluding the Delivery Fee and any other handling fee or fees).
8. Risk and title
8.1 Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
8.2 If any Product that we deliver to you arrives damaged then you may have the right for the Product to be repaired or to receive a refund of the price paid by you for that Product. If the Product is delivered in a damaged condition then you must contact us within 24 hours of receipt of the delivery.
9. Cancelling an order
9.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
a. there is an error in the price or the product description posted on the Site for the Product in that order, or
b. we reasonably believe your order has been placed in breach of these terms and conditions, or
c. we are not able to fulfil the back orders within 30 days upon placement of an order on the Site.
9.2 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
9.3 You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may only return the relevant products in accordance with these terms and conditions.
10. Fees and charges
10.1 We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
10.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
10.3 The purchase price of each Product is shown on the product list on the Site at the time you place your order.
10.4 We may cancel any part of an order (including any orders that we have accepted) without any liability. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order to you.
10.5 If you cancel an order then:
a. subject to (b), we will refund any amounts paid by you for that cancelled order (excluding the Delivery Fee);
b. we will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery.
11. Payment methods
11.1 You may pay the fees and charges for an accepted order using the following mode of payment:
a. Visacard or
b. Mastercard or
c. internet banking facility direct credit to the TTS Bank account.
11.2 If we are unable to successfully process your credit card payment and/or your internet banking payment for your order that is accepted by us, then we may cancel your order.
11.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
11.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
11.5 We will provide you with a tax invoice at time of delivery which specifies the total fees and charges for the Products in the order.
12. Damaged Product
12.1 You must check any Product delivered to you to determine if it is damaged immediately upon receipt of that Product. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Customer Service immediately. If you notice damage to a Product after delivery, and wish to return the Product, you may return the Product to us in accordance with our Returns Policy. You must provide us with the invoice we issued to you for your order to return any Products. If you fail to do so, then we may not provide you with a remedy. We will only refund the delivery fee if the Products are determined to be faulty after assessment under our Returns Policy, and the fault did not arise through any misuse, abnormal use or negligent use of the Products.
12.2 Before you return the Product to us, we strongly recommend that you consider contacting the manufacturer directly. Not only is the manufacturer best suited to assess and help you with your problem because they made your product and know how your product operates, but they are in many circumstances obligated to help you. We are of course available, and may be obligated to help you as well and you may contact us via email at sales@tts.co.nz or call us on 0800 887 700. However, it is our experience that when customers experience any problem operating their product, it can often be resolved quicker if the manufacturer is involved directly at the early stage. In many cases, the issue may be resolved with some basic “troubleshooting” by the manufacturer, so the manufacturer is always a good first point of contact.
12.3 We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.
13. Liability
13.1 Subject to clause 13.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
13.2 Subject to clause 13.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
13.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operating of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
in the case of services: the resupply of the services; or the payment of the cost of resupply; and
in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
13.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
13.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
14. Termination
14.1 We may immediately suspend, terminate or limit your access to your account and use of the Site (where relevant) if you breach these terms and conditions and:
a. the breach cannot be remedied; or
b. you fail to remedy the breach within 10 days of our notice to you of that breach; or
c. if there is an emergency.
14.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
15. Changes to these terms and conditions
15.1 For future orders, these terms and conditions may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
15.2 We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
16. Privacy policy
16.1 We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1993. We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
a. for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
b. with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
c. for other purposes to which you consent to (either express or inferred consent).
17. General
17.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
17.2 This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts in New Zealand.
17.3 All prices shown on the Site are in New Zealand dollars and include GST where applicable. Prices do not include any costs associated with set up or installation, which shall be your responsibility. We may vary the Price on the Site at any time without notice to you.
18. Definitions
18.1 Capitalised terms used are defined in these terms and conditions. In these terms:

Contact Hours means 9am to 4pm Monday to Friday (Auckland time) excluding public holidays in Auckland, and excluding the period from 4pm on 23 December in any year up to 12 January in the following year.

Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.

GST has the meaning it has in the Goods and Services Tax Act 1985.

Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law.