Smartfox Terms & Conditions
Information About Us
Smartfox operates the websites smartfox.co.nz and smartfoxstore.com.au.
Smartfox is operated from New Zealand and supplies products to customers in New Zealand and Australia.
References in these Terms to “Smartfox”, “we”, “us” or “our” mean the entity operating the relevant Smartfox website.
References to “you” or “your” mean the customer or user of our Website.
Application of These Terms
These Terms and Conditions apply to your use of our Website and to orders placed through our Website.
They should be read together with our:
- Privacy Policy
- Cookies Policy
- Returns Policy
- Promotional Code Terms
- Shipping and Delivery information
- Any other policies or terms displayed on our Website that are relevant to your purchase
By using our Website or placing an order, you agree to these Terms.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under applicable consumer protection legislation where those rights cannot lawfully be excluded, restricted or modified.
Orders and Purchases
Placing an Order
When you submit an order through our Website, you are making an offer to purchase the products in your order subject to these Terms.
After receiving your order, we may send you an automated email acknowledging that your order has been received.
An order acknowledgement, order number, payment authorisation or payment being processed does not by itself constitute final acceptance of your order or mean that a binding contract for supply has been formed.
Before accepting an order, we may verify matters including:
- Product availability
- Supplier availability
- Product information
- Pricing
- Freight charges
- Payment information
- Delivery information
- Any apparent error affecting the product or order
Unless applicable law requires otherwise or we expressly tell you otherwise, your order is accepted when we confirm that the order has been dispatched.
Product Availability
Our Website contains a large number of products, some of which may be supplied using information obtained from third-party suppliers, distributors and data sources.
Product availability may change without notice.
Although we take reasonable steps to maintain accurate stock information, a product shown as available may occasionally become unavailable due to circumstances including:
- Supplier stock changes
- Stock-feed delays or errors
- Inventory discrepancies
- Discontinued products
- Supplier allocation
- Product-data errors
- Other circumstances reasonably outside our control
If we cannot supply a product you have ordered, we will take reasonable steps to contact you and may cancel the affected product or order where permitted by law.
If payment has already been received for a cancelled product, the amount paid for that product will be refunded using the original payment method where reasonably possible.
Pricing
Unless otherwise stated, prices displayed on smartfox.co.nz are in New Zealand dollars and include GST where applicable.
Delivery charges and any other applicable charges will be shown during checkout where applicable.
We take reasonable care to ensure that product prices are accurate. However, genuine pricing errors may occasionally occur, particularly because Smartfox operates a large product catalogue and receives product and pricing information from suppliers, distributors and other data sources.
Genuine Pricing and Product Data Errors
We take reasonable care to ensure that the prices and product information displayed on our Website are accurate. However, genuine errors can occasionally occur.
Genuine errors may include:
- Supplier pricing or data-feed errors
- Manual data-entry, data-processing or product-mapping errors
- Automated data-processing errors
- System or integration errors
- Typographical or administrative errors
- Promotional or discount configuration errors
- Currency, GST or calculation errors
- Other genuine technical or administrative errors
If we identify a genuine and material pricing or product-data error before an order has been dispatched, we may decline or cancel the affected order where permitted by law.
Where reasonably practicable, we will notify you of the error and may offer you the opportunity to purchase the affected product at the correct price. You are under no obligation to proceed with the purchase at the corrected price.
If payment has already been received for an order that is cancelled because of a genuine error, we will provide a full refund of the amount paid for the affected product or order using the original payment method where reasonably possible.
We will not rely on this provision merely because we subsequently decide that a correctly displayed price was commercially unfavourable to us.
Nothing in this section limits any rights or remedies you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other applicable New Zealand consumer protection legislation.
Product Information
We take reasonable steps to ensure that product descriptions, specifications, images, dimensions, colours, stock information and other product information displayed on our Website are accurate.
Some product information is supplied to us by manufacturers, suppliers, distributors or third-party data providers.
Product information may occasionally contain genuine errors or may change.
If we identify a material error affecting a product you have ordered before dispatch, we will take reasonable steps to notify you.
Depending on the circumstances, we may offer you the opportunity to:
- Proceed on the basis of the corrected product information
- Select an alternative product where appropriate
- Cancel the affected product and receive a full refund
Payment
Payment must be made using one of the payment methods available at checkout.
Payments may be processed by third-party payment providers, including credit-card processors and buy-now-pay-later providers.
Payment being authorised, processed or charged does not by itself constitute final acceptance of your order.
Where an order is lawfully cancelled before acceptance and payment has already been processed, we will arrange a refund of the applicable amount.
Once we have submitted a refund, the time taken for the funds to appear in your account may depend on your bank or payment provider.
Promotional Codes and Discounts
Promotional and discount codes are subject to any conditions stated with the relevant promotion.
Unless otherwise stated:
- Promotional codes apply only to eligible products
- Only one promotional code may be used per transaction
- Promotional codes cannot be exchanged for cash
- Promotional codes may have an expiry date
- Minimum purchase requirements may apply
- Promotional codes may be corrected or withdrawn where they have been issued, configured or applied as the result of a genuine error, subject to applicable law
Where a promotional code has been applied to a product affected by a genuine pricing or product-data error, the Genuine Pricing and Product Data Errors section also applies.
Delivery
Delivery estimates provided on our Website are estimates unless expressly stated otherwise.
We will take reasonable steps to deliver orders within the estimated timeframe, but delays may occur due to couriers, suppliers, weather, customs, stock availability or other circumstances outside our reasonable control.
Risk and ownership will pass in accordance with applicable law.
Returns and Consumer Rights
Returns
Returns are subject to our Returns Policy and applicable consumer protection legislation.
Nothing in our Returns Policy or these Terms limits any rights or remedies that cannot legally be excluded.
New Zealand Consumer Protection
For New Zealand consumers, purchases may be protected by legislation including the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
Nothing in these Terms excludes, restricts or modifies any statutory guarantee, right or remedy where doing so would be unlawful.
Where products are acquired for business purposes, consumer protections may only be excluded or modified to the extent permitted by applicable law.
Website Use
Changes to Our Website
We may update, change or remove Website content from time to time.
While we take reasonable steps to maintain accurate information, Website content may occasionally contain errors or become outdated.
Any pricing or product-information error will be dealt with in accordance with these Terms and applicable law.
Your Account and Password
If you create an account, you are responsible for keeping your login information secure.
You must not allow another person to use your account without your permission.
Please contact us promptly if you believe your account has been compromised.
We may suspend an account where we reasonably believe it has been compromised, used fraudulently or used in breach of these Terms.
Account Credit
Account Credit may be provided through refunds, gift vouchers, promotional offers or other arrangements.
Account Credit:
- Cannot be transferred unless we agree otherwise
- Cannot normally be exchanged for cash except where required by law
- May have an expiry date where this has been clearly disclosed and is permitted by law
Intellectual Property
We own or license the intellectual property rights in our Website and its content.
You may access and use Website content for personal and lawful purposes.
You must not reproduce, commercially exploit, scrape or systematically extract substantial amounts of Website content without our written permission except where permitted by law.
Prohibited Uses
You must not use our Website to:
- Breach applicable law
- Distribute harmful or unlawful material
- Introduce viruses, malware or other malicious software
- Attempt unauthorised access to our systems
- Interfere with the operation or security of the Website
- Engage in fraudulent transactions
- Use automated systems to extract substantial amounts of Website data without our permission
Website Security
We take reasonable precautions in operating our Website but cannot guarantee that the Website will always be uninterrupted, error-free or free from malicious software.
You are responsible for maintaining appropriate security on your own devices and systems.
Third-Party Links
Our Website may contain links to third-party websites.
These links are provided for convenience and do not mean that we endorse or control those websites.
We are not responsible for third-party websites or their content.
Suppliers and Other Third Parties
We may use suppliers, distributors, couriers, payment providers and other service providers to assist us in supplying products and operating our business.
Our use of third parties does not remove any responsibility Smartfox has to you under applicable law.
Events Outside Our Reasonable Control
We will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances reasonably outside our control.
These may include natural disasters, severe weather, transport disruption, industrial action, government action, supplier disruption, telecommunications failures and other comparable events.
Where this materially affects an order, we will take reasonable steps to notify you and determine an appropriate solution.
Nothing in this section limits any rights that cannot legally be excluded.
Liability
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
Subject to statutory rights that cannot lawfully be excluded, Smartfox will not be liable for indirect or consequential business losses arising from use of our Website or products where such liability may lawfully be excluded.
Any exclusion or limitation of liability contained in these Terms applies only to the maximum extent permitted by applicable law.
General
Changes to These Terms
We may amend these Terms from time to time.
Any changes will apply from the date the updated Terms are published and will not retrospectively change the terms applicable to an order already placed.
Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be modified or removed only to the minimum extent necessary.
The remaining provisions will continue to apply.
Waiver
If we delay or fail to enforce a right under these Terms, this does not mean that we have waived that right.
Assignment
We may transfer our rights or obligations where permitted by law and where doing so does not materially reduce your rights.
You may not transfer your contractual rights or obligations without our agreement except where applicable law permits you to do so.
Governing Law
For purchases made through our New Zealand Website, these Terms are governed by New Zealand law.
Nothing in this section restricts any statutory or jurisdictional rights that cannot lawfully be excluded.
Contact Us
If you have questions about an order, these Terms or our Website, please contact us:
Email: info@smartfox.co.nz