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South Pacific Pictures

Terms & Conditions

WEBSITE TERMS

1. Acceptance of Terms, Jurisdiction and Definitions:

You accept these terms by continuing to access our website.

Our website is governed by New Zealand law and the courts of New Zealand have non-exclusive jurisdiction.

Where used in these terms the following meanings apply:

products” means the products supplied by us as advertised on our website;

we”, “our” and “us” means South Pacific Pictures Limited;

website” means our website at southpacificpictures.com (including all pages of and all information, material, text, graphics and facilities on our website) and includes other e-commerce processes operated by us where applicable.

2. Accuracy and Use of Information:

We endeavour to keep our website up-to-date. However, information on our website may be out-of-date and is subject to change without notice. We reserve the right to change our website and the terms at any time, so please ensure you read the terms each time you make a purchase. These terms were last updated on 11 April 2016.

Use of our website is at your own risk and we are not responsible for any adverse consequences arising out of such use. We use reasonable endeavours to ensure the security of our website and any transactions conducted on it. You acknowledge however that information and payments transmitted online can never be entirely secure or error-free. We will not be liable for any loss or damages due to technical failure or delay or interception or manipulation by third parties (e.g. viruses or malware). We are not responsible or liable for any third party material linked to from our website.

3. Copyright:

All intellectual property rights in our website and the products advertised on our website (including copyright and trade mark rights) are owned by or licensed to us. You may download and temporarily store pages from our website for the sole purpose of viewing or using the facilities on our website, but any other reproduction, retransmission or other use is prohibited. All DVDs and CDs are subject to licence terms and our (or our licensors’) rights under the Copyright Act and international laws. All rights are reserved.

4. Online Shop:

Our online shop is for consumers who are ordering products for personal use. Trade customers who wish to order for business purposes may contact us for distribution information by phone (+649) 839 0999 or email shop@southpacificpictures.com.

All products supplied by us through our online shop are supplied on these terms unless we agree otherwise in writing. By placing an online order you accept these terms despite anything to the contrary stated in your order.

We endeavour to keep the online shop up-to-date. However, products advertised may not always be available, and prices and other information are subject to change without notice. By ordering a product, you are making an offer to us to purchase that product, and we may accept or decline that offer in our sole discretion. If any products are not available, or are advertised at an incorrect price or described incorrectly due to a typographical or other error, we reserve the right to refuse any orders placed for those products. In that case, we will contact you to arrange substitute products or provide you with a refund.

4.1 Prices:

Prices are subject to change without notice. All orders will be filled at prices prevailing at the date of our acceptance of your order and you agree to pay the prices charged. We endeavour to ensure that prices stated on our website are accurate, but errors may occur. Where a pricing error occurs (subject to applicable law that cannot be excluded) we will not be bound by the incorrect price, and reserve the right to cancel your purchase. All prices are inclusive of GST but exclusive of other taxes, freight and delivery costs and insurance charges (if any), each of which you will pay to us unless we otherwise agree in writing.

4.2 Online Orders and Payments:

We use PayPal to process payments for our online shop. Visit www.paypal.com for more information.

Unless otherwise agreed by us in writing, payment is due by credit or debit card accepted by us at the time of placing the order. Credit cards accepted include Visa, Mastercard, Maestro and all New Zealand authorised debit cards. Our acceptance of your order is subject to authorisation of the transaction by your credit or debit card’s issuer/manager and your account being in terms. If for any reason your credit or debit card is not accepted or authorised then we will endeavour to notify you, at which time you may be able to make alternative arrangements for payment.

To process your order, you must supply the information requested on the online order page (including card number, expiry date, your full name as it appears on the card, your physical address, delivery address for the products, and a contact phone number).

Unless you advise us otherwise, each time you place an online order you are instructing us to process that order (including payment) in accordance with the details you have registered most recently, whether as part of an online account or otherwise.

If we provide you with a username, password and any other account details to use on our website (“online account”), you must keep your online account secure and confidential. You agree that you are responsible for all activities that occur through the use of your online account including but not limited to being bound by purchases made by any person using your online account.

Our Privacy Policy is available here: http://southpacificpictures.com/privacy-policy

4.3 Delivery:

Our delivery target is 5 - 10 working days. Please note, if your order was placed on a non-working day or Public Holiday then please allow an extra two days for your order to be processed. During the Christmas holiday period we aim to fill all orders received by December 1st in accordance with standard delivery procedures. Orders received after December 1st could be subject to lengthy delays. Regular delivery times resume in mid-January.

Dates given for delivery of products are stated in good faith but are not to be treated as a condition of sale. If delivery is delayed for any reason whatsoever we will not be responsible or liable in any way to you or any other party for loss resulting from that delay.

We may deliver by instalments, and may cancel delivery of the products or any instalments in accordance with these terms without prejudice to our rights to recover all sums owing to us in respect of deliveries already made.

Delivery by us to a carrier is deemed to be delivery to you and risk in the products passes to you at that point. You may only reject and/or return the products in accordance with your rights under the law and/or our Returns Policy below.

Delivery Costs:

Auckland $5.00

Rest of North Island $7.50

South Island $10.00

Australia $25.00

International $45.00

For security purposes all packages must be signed for on delivery; please take this into account when selecting your delivery address. If you are not in when our couriers first try to deliver, please follow the courier’s instructions to arrange redelivery or collection of your order. Please ensure your details are completed carefully and in full to ensure accurate sending and tracking. If the postcode or any part of the address is entered incorrectly, delays or delivery failures may result.

For International deliveries there may be imposed taxes. Unfortunately, we have no control over these charges as customs policies vary from country to country. If you have any questions related to customs charges please contact your local customs office.

Australian Customs: http://www.border.gov.au/

4.4 Returns Policy:

We are committed to providing quality products to our customers. Returns of any faulty products will be dealt with in accordance with your rights under the Consumer Guarantees Act.

If for any reason you are simply not satisfied with a product,* you may return it to us in a saleable condition. Email us at shop@southpacificpictures.com to request a Returns Authority, and we will email you confirmation once we receive your request.

In the first instance we will exchange the product (you will need to pay the difference if the replacement product is a higher priced item) or refund your purchase price as store credit, provided that the following conditions are met:

the item(s) are unworn/unused and in original, saleable condition (including, if applicable, with their tags attached);

you include the Returns Authority number on the parcel and provide proof of purchase;

the item(s) are returned within 14 days of purchase for New Zealand customers and within 20 days of purchase for international customers.

*We are unable to exchange or refund DVDs or CDs, and for hygiene reasons we are unable to exchange or refund any purchases of underwear or first aid kits. This does not affect your rights under the Consumer Guarantees Act.

Unwanted item(s) must be returned at your own delivery cost.

We advise you to send your parcel via a prepaid, insured, traceable method to the address below; otherwise, if your parcel goes missing, we will be unable to process your return request. Please keep your tracking details in a safe place until you receive confirmation that your refund has been processed, as without the tracking details we may not be able to provide a refund if your parcel goes missing.

Please allow 10-20 working days from the day the parcel is posted for your return to be processed. We will email you once your parcel has been received and an exchange is made or store credit provided to the full amount of the purchase price.

Address to:

South Pacific Pictures

Attn: SHOP at South Pacific Pictures

8 Tolich Place, Henderson

Auckland 0654

Under the Consumer Guarantees Act, in accordance with your legal rights and depending on the circumstances of your return, we will replace or refund the item(s) where there is a justified complaint and the item(s) are found to be faulty. Email us at shop@southpacificpictures.com for help.

5. General:

5.1 Warranties: These terms apply only to consumer transactions. Accordingly, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 provide you with certain statutory rights and remedies that cannot be excluded. With the exception of the relevant statutory guarantees contained in the Consumer Guarantees Act, no other warranty or condition shall be implied against us by any statute, at common law or otherwise and no representation, warranty or variation of these terms shall be binding on us unless it is in writing and signed by us.

5.2 Default: If you fail to pay any sum due under these terms or breach any of these terms, then we may (without prejudice to any of our other rights):

demand immediate payment of all or any part of any moneys owing (whether or not then due);

suspend or terminate your online account; and/or

without notice withhold deliveries of products ordered by you.

5.3 We will not be liable for any delay or failure in the production or delivery of the products whether directly or indirectly caused by any act of God, fire, riot, war, act of terrorism, embargo, strike, labour dispute, theft, delay in delivery, or any other occurrence beyond our reasonable control.

5.4 No waiver by us of any term or condition will constitute a waiver of any other of these terms or conditions.

5.5 If you have any questions related to your order or general feedback, please email shop@southpacificpictures.com.

Terms last updated 11 April 2016

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