WEBSITE TERMS OF USE
Use of this website
Use of the South Pacific Pictures website (the Website) is governed by these terms and conditions (the Terms). Please read these Terms carefully. By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Website.
Other policies that may apply
Please also refer to the South Pacific Pictures Privacy Policy (the Privacy Policy) which also applies to your use of the Website.
Amendments to these Terms and other applicable policies
South Pacific Pictures reserves the right to amend these Terms and/or the Privacy Policy from time to time without notice to you. By continuing to use the Website after the Terms or the Privacy Policy have been amended, you will be deemed to have agreed to such amendments. You should therefore continue to check these Terms and the Privacy Policy to understand the terms and conditions that apply at the time.
Availability of this Website
South Pacific Pictures reserves the right to withdraw, suspend or restrict access to and the availability of the Website (or any part of it) without notice to you or to any other party.
Intellectual property rights
All copyright, trademarks and other intellectual property rights in materials on and in the Website are owned by or licensed to South Pacific Pictures. All intellectual property rights are reserved. You may view, download and print pages from the Website for your own personal use provided that, in all cases, you acknowledge South Pacific Pictures as the source of the material. Save as expressly provided in this paragraph, you may not copy, download, modify, reproduce, amend, distribute or delete or otherwise use for any purpose any material, content or part of the Website.
Third party websites
The Website may contain links to third party websites which are not controlled by South Pacific Pictures. If you access such websites, you do so at your own risk and you agree that South Pacific Pictures has no liability towards you in respect of any loss or damage suffered by you resulting from or connected to your use of such third party websites.
Disclaimer
The Website and its content are provided on an ‘as is’ basis without any representation, warranty or guarantee (whether express or implied) including, without limitation, as to its accuracy, quality, completeness or fitness for purpose. South Pacific Pictures does not warrant that the Website, its content or the server that makes it available are error free, virus free or free of other harmful elements or that your use of the Website will be uninterrupted. We use reasonable endeavours to ensure the security of the Website and transactions conducted on it, but information and payments transmitted online cannot be entirely secure or error-free.
South Pacific Pictures will not be liable for any loss or damage (whether direct or indirect, including but not limited to, consequential loss, loss of profits, business interruption, loss of business opportunity, damage to goodwill or reputation) suffered or arising out of or in connection with your use of the Website or its content. We are not responsible or liable for any third party material linked to from the Website.
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.
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 in New Zealand dollars and 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.
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.
Orders: 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.
Privacy Policy: Please see the Privacy Policy for more information.
Delivery: Our delivery target is 5 - 10 working days within New Zealand. 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 or return the products in accordance with your rights under the law and our Returns Policy below.
Delivery Costs:
New Zealand
1 item: $5.00
2 or more items: $8.00
Australia
1 item: $11.00
2 or more items: $16.00
International
1 item: $18.20
2 or more items: $35.50
Delivery within New Zealand may require signature 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: https://www.border.gov.au/
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.
Warranties: These online shop 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.
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.
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. No waiver by us of any term or condition will constitute a waiver of any other term or condition.
Intellectual property: All intellectual property rights in the products advertised on our website (including copyright and trade mark rights) are owned by or licensed to us. All DVDs and CDs are subject to licence terms and our (or our licensors’) rights under the New Zealand Copyright Act and international laws. All rights are reserved.
Contact: If you have any questions related to your order or general feedback, please email shop@southpacificpictures.com.
Miscellaneous
If any of these Terms are found to be illegal, invalid or otherwise unenforceable by reason of any applicable law or regulation, then to the extent permissible where the relevant law or regulation applies, such term shall be amended so as to make it legal, valid and enforceable. If such amendment is not possible, then the relevant term shall be deemed deleted from these Terms. The remaining Terms shall survive such amendment and shall remain in full force and effect.
These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from or in connection with these Terms, use of the Website or its content shall be subject to the exclusive jurisdiction of the courts of New Zealand.
The Website is operated by South Pacific Pictures Limited (South Pacific Pictures, we, us, our), a New Zealand company with registered company number: 383620 whose registered office is at 8 Tolich Place, Henderson, Auckland, New Zealand.
Terms last updated 03 May, 2019
