The Listening Post Online Shop Terms and Conditions
The Listening Post is a New Zealand Registered Company
The name that will appear on your statement will be THE LISTENING POST
- “Customer” means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing The Listening Post Online Shop who is not registered to use The Listening Post Shopping.
- “Delivery Point” means an outside area of the Premises, such as the Customer’s front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.
- “Fulfilment Fee” means the fee you as the customer must pay to have your order picked, packed and delivered and may also be referred to as “delivery fee”.
- “Tax” means goods and services tax chargeable.
- “Login” means a Customer’s personal email address and password used to access The Listening Post Online Shop under that Customer’s registration.
- “Premises” means the premises at the address specified by the Customer on their registration application, as amended from time to time.
- “Products” means the products for sale in The Listening Post Online Shop
Use of The Listening Post Online Shop subject to terms and conditions
Your access to, and use of, The Listening Post Online Shopping is subject to the following terms and conditions. By using The Listening Post Online Shop you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through The Listening Post Online Shop constitute legal offers to purchase, and are capable of being accepted by The Listening Post without any further reference to the Customer.
Discretion to accept registration
The Listening Post has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
Discretion to accept orders
The Listening Post has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. The Listening Post may cancel an order for any reason whatsoever.
Registration and access costs
No costs are payable to register to use The Listening Post Online Shop, but Customers are responsible for any costs incurred in using The Listening Post Online Shop, including any charges imposed by their Internet service provider.
Suspension or termination
The Listening Post Online Shop may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through The Listening Post Online Shop for any reason whatsoever.
Customer liable for every order
Customers are liable for every order made under their Login.
An order submitted by a Customer after 12 noon the day before a weekend or public holiday shall not be accepted by The Listening Post Online Shop immediately but shall be deemed to have been accepted by The Listening Post on the day following the weekend or public holiday (as the case may be).
Security of information
The Listening Post Online Shop shall use its reasonable endeavours to prevent any unauthorised entry into The Listening Post Online Shop. However, no member of The Listening Post will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
While The Listening Post has endeavoured to ensure that the information provided on The Listening Post Online Shop is free from error, no member of The Listening Post warrants its accuracy, adequacy or completeness, and no member of The Listening Post shall be responsible or liable for any error in, or omission from, the information provided on The Listening Post Online Shop.
We reserve the right to make changes to the information provided on The Listening Post Online Shop at any time and without notice.
The Customer shall pay The Listening Post for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
Prices and specials available on The Listening Post Online Shop may not necessarily be the same as the prices and specials available from The Listening Post retail premise. Any prices and specials available in The Listening Post Online Shop will only apply to Products purchased through The Listening Post Online Shop if those prices or specials are specifically displayed on The Listening Post Online Shop, and vice versa.
The Listening Post Online Shop may vary the prices of the Products at any time without notice.
The prices of Products are displayed in New Zealand Dollars (NZD).
Product prices displayed include tax.
Every effort will be made to fulfil orders placed with The Listening Post Online Shop, but no member of The Listening Post shall be liable to any person if The Listening Post is unable to or declines to supply a Product for any reason whatsoever.
The Listening Post Online Shop reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer’s order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
The Listening Post Online Shop may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
Product substitution / Refund
If The Listening Post Online Shop is unable to or declines to supply a Product ordered by a Customer, The Listening Post Online Shop may substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
If The Listening Post Online Shop cannot make a substitution on this basis, The Listening Post Online Shop may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
The Listening Post will refund or replace any product that is defective under the consumer guarantees act.
We endeavor to provide the best advice and support both before and after any sale, and often are able to loan an item if we aren’t sure it’s going to suit. We don’t offer returns for change of heart or change of mind. Under certain circumstances we may be able offer a 7 day right of return, but only on specific items and only if this is agreed before the sale.
If The Listening Post Online Shop agrees that a Product was delivered to a Customer in a damaged or spoiled condition, The Listening Post Online Shop shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered).
Method of Payment
Customers must pay The Listening Post Online Shop for the Products purchased by credit card. The Listening Post Online Shop does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
Payment by credit card
If a Customer’s credit card is declined by its financial institution, delivery of the relevant order will not be made.
The Listening Post reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, The Listening Post shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
Change to payment policy
The Listening Post may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
Delivery will be targeted at 3-4 working days. You will be notified by email if there are any delays.
Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of The Listening Post shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of The Listening Post for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
The Listening Post shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
Accessibility and safety
The Listening Post sub contract to a chosen courier that is trusted and best for the job at hand.
Customers shall ensure that their Delivery Point is easily accessible to The Listening Post chosen couriers, and that it is safe for those couriers to enter the Customer’s premises in order to complete the delivery. If in the courier’s opinion the Delivery Point is not easily accessible for example due to dogs being loose, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. The Listening Post reserves the right to charge Customers an additional fulfilment fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to The Listening Post are not reached, the Customer will be deemed to have cancelled the order and may incur a Cancellation Fee. If the goods perish due to none delivery under this clause The Listening Post will not be responsible.
Change of address
The Customer shall notify The Listening Post immediately of a change to its delivery address.
Delays to delivery
Notwithstanding any other term, no member of The Listening Post shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of The Listening Post or otherwise.
If The Listening Post considers that the delivery of a Customer’s order is likely to be substantially delayed, The Listening Post may, but shall not be obliged to, contact the Customer to arrange an alternative delivery time frame. If that time frame is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
Delivery deemed to have taken place
If no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case The Listening Post will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), The Listening Post reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, The Listening Post reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, The Listening Post will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock The Listening Post may cancel the order for that Product) (in each case without incurring any cancellation fee), and The Listening Post will refund the value of the relevant Product (as at the date on which the Product was ordered).
The Listening Post aims to offer free delivery throughout New Zealand for purchases over $200.00.
There are however, some items we can not offer free freight. In this instance the freight costs will be made clear before purchase. We reserve the right to charge freight for remote or outlying areas of New Zealand.
Variation/cancellation of order
The Customer may vary or cancel the order up to the point in time that The Listening Post has commenced packing the order by contacting The Listening Post.
Property and risk of Products
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point. No liability will be accepted on behalf of The Listening Post for any spoiled or perished goods after delivery.
The Customer shall keep their Login details safe and confidential at all times.
All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of The Listening Post other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of The Listening Post assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer’s risk.
LIABILITY AND INDEMNITY
The liability of The Listening Post whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of The Listening Post s’ obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
No liability for indirect loss
No member of The Listening Post shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, The Listening Post Online Shop, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify each member of The Listening Post against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of The Listening Post, arising directly or indirectly out of the Customer’s use of The Listening Post Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to The Listening Post Online Shop and its contents is owned by, and shall at all times remain the exclusive property of, The Listening Post, its licensors and the providers of any other products and services accessible through The Listening Post Online Shop, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
If the performance by The Listening Post of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of The Listening Post) The Listening Post shall be excused from such performance to the extent of such prevention.