Terms and Conditions of Use ("Terms")

Welcome to the Norman Ross Limited website and thank you for taking the time to read these website Terms which apply with respect to your use of the website and our products and services. It is important that you read these terms and conditions carefully because by using our website, you will be deemed to have accepted the Terms. If you need to refer to them again they can be accessed from the link at the bottom of any page of our website.

1. General

Norman Ross Limited is the owner and publisher of the content contained in this website (referred to as "our", "us", "we"). As a user of this website (referred to as '"you" and "your"), you are subject to these Terms, our Privacy Policy and any other laws or regulations which apply to this website. If you do not accept these Terms, you must refrain from using this website. We reserve the right to revise these Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. By continuing to use this website after such publication, you agree to be bound by these Terms as revised. You should therefore periodically visit this page to determine the current Terms.

2. Contract formation

The information contained on this website constitutes an invitation to treat and not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms and in accordance with our then current terms of trade. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgement, to have been placed fraudulently.

3. Information/Content

The information contained on this website is intended for general information only. While we endeavour to ensure that information on the website is correct, sometimes errors or inaccuracies do occur, for which we apologise. We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website. We reserve the right to make changes at any time and without notice to you, to any element of this website. To the extent permitted by New Zealand law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website.

4. Prices, Products and Services

All prices on this website are in New Zealand dollars and are inclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason.

The information in this website has been published by Norman Ross Limited upon the basis that relevant Norman Ross Limited New Zealand stores, will offer the goods for sale until a specified date or until sold, whichever first occurs, at no greater than the advertised prices, GST-inclusive.

Prices are subject to change by individual Norman Ross Limited stores, and do not include display accessories, options or delivery. Prices displayed may vary in different regions and different stores.

Some goods may not be on show or available at each Norman Ross Limited store. Any savings shown are off the normal prices charged by each relevant Norman Ross Limited store.

5. Raincheck Policy

For the purposes of these Terms, a "Rain Check" is as a commitment to sell an out of stock item (when it becomes available) at the same price it was advertised for, before the sell out ("Offer Price").

Unless specifically stated that a Raincheck is not available, if we have sold out of, or are temporarily out of stock of, any item offered during an offer or promotion period ("Offer Period") , then that store will offer each person who requests supply of that item during the Offer Period, a Raincheck, so that the person may purchase, from that store, at a later date, the product at the Offer Price, once the product is back in stock.

6. Intellectual Property

This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by us,or in some cases, a related body corporate or third party, and unless stated, is copyright. These intellectual property rights are protected by New Zealand and international laws.

You may view our website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.

Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

7. Other Websites

Please note that although this site may have some hyperlinks to other third party websites, these sites have not been prepared by us and are not under the control of us. These links are provided for convenience only and may not remain current nor maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We are not responsible for the availability of any of these links.

8. Secure Data

Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email at privacy.officer@normanross.co.nz

9. Viruses

Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.

You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

10. Cookies

We may use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere).

You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.

11. Use of Your Information and Material

We appreciate any suggestions ("unsolicited ideas") you may have regarding ways in which this website may be improved or materials which we may add to this website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

12. Privacy Policy

We are committed to protecting your privacy. We recognise that your personal information is confidential and we understand that it is important for you to know how we treat your personal information. Please read our Privacy Policy for more information.

13. Disclaimer

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.

You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Fair Trading Act 1986.

14. Consumer Guarantees Act

Nothing in these Terms of Use is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 ("CGA") except to the extent permitted by the CGA or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms shall be modified to the extent necessary to give effect to that intention. If you are acquiring goods or services from us, for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.

15. Electronic Transactions Act

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

16. Applicable laws

This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.

The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.

17. Severability

If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

18. Changes to these Terms/General

We may, from time to time, add or remove information, products or services from this website without notice.

We reserve the right to amend these Terms at any time without notice, and we may terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.

Reference to "website" means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Privacy Policy

1. Application

Norman Ross Limited (referred to as "we", "our", or "us") is committed to protecting the privacy of any personal information the user (referred to as "you" or "your") may provide us whether in person or via our website.

This policy applies to our treatment of your personal information, when collected by us when you enter or use our website. By continuing to use this website, you unconditionally consent to us dealing with your personal information in the manner set out in this Privacy Policy.

This Privacy Policy is governed by New Zealand law and is subject to (and must be read in conjunction with) our Terms and Conditions of Use.

We may, from time to time, collect information about identifiable individuals ("personal information"). All personal information that you supply to us through this website will be handled and saved according to the provisions of the New Zealand Privacy Act 1993 ("Privacy Act").

2. Collection of your personal information

We may collect personal information about you, directly from you, when you use this website or deal with us over the telephone or by letter or e-mail. You may voluntarily provide us with your personal information to enable us to provide you with information or services, respond to your enquiries, or carry out a transaction that you have requested. Personal information collected by us may include your name, title, company name, email address, telephone number, postal or physical address, product preferences, or other personal information.

There are various situations in which we may request you to provide personal information to us, including when you:

(a) complete forms on this website (including surveys, search forms, competition entry forms, registration forms, and order forms)

(b) create, modify, or use any accounts or registered user facilities available through this website

Except for information collected automatically, we will not attempt to collect personal information about you without your knowledge. In most circumstances, you can use this website without telling us who you are or revealing any personal information about yourself. You may decide not to provide your personal information to us. However, if you do not provide your personal information (or if you provide incorrect personal information), we might not be able to provide you with access to certain information, products or services.

Where we collect personal information about you from a third party source, we will take reasonable steps to make you aware of such collection and to make you aware of the purposes for which we are collecting your personal information from that third party source.

3. Automated collection

When you visit this website, we may use automated tools and methods (such as cookies, sessions and website statistics software) to collect certain information about your visit, including:

(a) the internet protocol address and host name used by your computer to connect to this website

(b) the operating system and the browser your computer uses

(d) the date, time and duration of your visit

(e) the pages viewed by you

This information will be used (in aggregate form only) to analyse how this website is being used (for example, to improve the content and performance of this website). Except as set out in this Privacy Policy, we will not disclose this information other than in aggregate form.

We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.

4. Cookies

This website may use cookies to provide you with certain services or functionality. Cookies are small pieces of information stored on your computer's hard drive, which may be used to identify you as an individual user of this website. We use cookies to:

(a) personalise your visits to this website

(b) enable us to improve the content, reliability and functionality of this website

(d) evaluate the effectiveness of the advertising on this website

(e) track website usage patterns

Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. Although you may configure your web browser to not accept cookies, you may experience a loss of functionality as a result.

5. Use and disclosure

The personal information we collect from all users, will be used to operate this website and to provide services you have authorised or requested. We may also use personal information collected by us to:

(a) respond to any questions or correspondence from you

(b) improve this website and any related services

(d) carry out internal research and development

(e) provide you with information about a service that you are using (including critical updates and announcements)

(f) eliminate the need for you to repeatedly enter the same information

(g) customise this website to suit your particular preferences and interests

(h) where you create a message using this website (for the purpose of sending that message to us or to any other recipient specified by you), send that message

(i) analyse website usage, trends and statistics

(j) verify your identity or to provide you with a replacement password when you forget your username or password for any account you have with us

(k) supply you with further information concerning products and services which may be of interest to you

(l) carry out any other use that is authorised by you or is notified to you at the time of collection

We will not sell or lease your personal information. We will not disclose your personal information except in accordance with this Privacy Policy (and in accordance with the Privacy Act). We may use or disclose your personal information if you have authorised us to do so, or in any of the following circumstances:

(a) we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure

(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions

(c) we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of you, us, or others

(d) we are required or permitted by law to disclose the information

6. Unsubscribing

Where you have requested or authorised us to send you messages (for example, newsletters and information concerning products and services which may be of interest to you) you can request us to stop sending you such messages by taking any one of the following steps:

(a) using the unsubscribe feature (if present) in any such message

(b) if you are a registered user of this website, logging in to your account and updating the appropriate preferences (if available) for that account

(c) contacting our privacy officer Once we have received your request we will, as soon as is practicable, comply with that request.

7. Personal Information About Other People

You must not provide personal information to us about another person, unless that person has authorised us, through you, to collect, use and disclose personal information about that person, for the purposes described in this Privacy Policy.

8. Access and Correction

Where we hold your personal information in such a way that it can readily be retrieved, you are entitled to request access to that information or to obtain our confirmation of whether we hold that information. We may require that you meet our reasonable costs of supplying this information to you. If we are unable to meet your request for access, we will let you know why.

If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal, in accordance with the requirements of the Privacy Act.

It is important to us that your personal information held by us is accurate, complete and current. If you are a registered user of this website, you may log in to your account and (functionality permitting) update your personal information.

To request access to, or correction of, your personal information held by us, you may contact our privacy.officer@normanross.co.nz

9. Storage and security

Where we store your personal information will depend on the nature and purpose of the information and the manner in which you supply it to us. We may hold your personal information at Norman Ross Ltd., Ronwood Avenue, Manukau 2104, or at our other offices and storage facilities (whether in New Zealand or overseas).

No data transmissions over the internet can be guaranteed as completely secure. Accordingly, we cannot warrant or guarantee the security of information transmitted from or to you. Once we have received your personal information, we will use reasonable efforts to protect that information against loss or misuse and against unauthorised access, use, modification, or disclosure.

10. Third Party Websites

This website may contain hyperlinks to third party websites. We are not responsible for the content of third party websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When visiting a third party websites from hyperlinks on this website, we encourage you to review the privacy statements of those website so that you can understand how the personal information you provide will be collected, stored, used and distributed.

11. Privacy Officer

You may gain access to your personal information, make a complaint about breach of your privacy rights, or make enquiries about collection or use of your personal information by contacting our Privacy Officer:

Telephone: +64 9 262 7050

Mail: Private Bag 94035

South Auckland Mail Centre

Wiri Auckland 2240

Fax: + 64 9 262 3994

Email: privacy.officer@normanross.co.nz

12. Changes

We reserve the right, at our discretion, to update or revise this Privacy Policy at any time. Changes to this Privacy Policy will take effect immediately once they are published on this website. Please check this Privacy Policy regularly for modifications and updates. By continuing to use this website or providing any personal information after we publish changes to this Privacy Policy, you agree to be bound by this Privacy Policy as revised.

This Privacy Policy was last updated on 31 March 2010.