TERMS AND CONDITIONS OF TRADE – JE THOMAS'S LTD ("THOMAS'S”)


1.TERMS OF SALE

Access to and use of this website and the products and services available through this website (collectively the "Services”) are subject to these terms, conditions and notices ("Terms”). By using the Services you are agreeing to all the Terms as may be updated from time to time.

All orders are subject to availability and confirmation of the order price. By placing an order you are offering to purchase a product on and subject to these Terms.

(a)Placing an Order:

(i) Upon placing an order you will receive an acknowledgment email confirming receipt of your order. This email will be an acknowledgment only - a contract between us for the purchase of goods will not be formed until Thomas's has approved your payment and confirmed the availability of the item.

(ii) Orders will not be dispatched until payment in full has been received and Thomas's is satisfied with the integrity of the order. We will email you a delivery tracking number once the item has been dispatched.

(iii) Please be advised your product may incur other charges whilst in transit. Thomas's is not responsible for these charges.

(b)Payment:

(i) All items on our site are priced and charged in New Zealand Dollars.

(ii) We accept payment via credit card (MasterCard, VISA, and American Express or direct bank deposits (For NZ customers only). Please email enquiries@thomass.co.nz if you would like the bank account details for Thomas's.

(iii) All personal information, address, email, credit card and banking details MUST be filled out correctly to ensure Thomas's can send your purchase expediently and correctly.

(c)Pricing and availability

(i) While Thomas's endeavours to ensure that all details, descriptions and prices which appear on our website are accurate, errors may occur. Given Thomas's has a physical store as well as an online store, there may be occasions when an item is showing as available online, but has been purchased simultaneously by someone in-store. If this occurs Thomas's will endeavor to get a replacement from the supplier. If a replacement is unavailable a refund will be issued.

(ii) If there is an error in the price of any goods which you have ordered Thomas's will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If Thomas's is unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

(iii) Where applicable, prices are inclusive of GST.

(iv) If applicable delivery costs will be charged in addition to the purchase price.

(v) Because of small stock supply Thomas's does not hold items.

(vi) We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.


2.PRIVACY

(a) Thomas's is committed to protecting your privacy. This privacy policy governs data collection and usage for all Internet users visiting our website, and for all customers who use any goods, products or services that we provide. Your use of our Website and/or Services shows your unconditional consent to our collection, use and disclosure of personal information in the manner set out below.

(b) Visitors

If you are just surfing and reading information on our Website, then we may collect and store the following information from your visit:

· I.P. Address

· Browser and Operating System.

· Pages Visited

We do not sell information which identifies you personally.

(c) Customers

Your use of the Services involves the collection by us of personal information about you, such as your email address, name, home or work address or telephone number. We may also collect demographic information, such as your age, gender, preferences and interests. This information is used by us for the operation of services, to maintain quality of those services, to provide general statistics regarding use of the services and to assist us to deliver customised content and advertising to our customers.

Where possible, information will be obtained directly from you, but otherwise it may be provided from others (with your consent), or generated within or by the systems used to provide our services.

You may ask to see any information we hold about you and we will provide it as long as we have such information and can readily retrieve it. You may also ask us to correct any incorrect information we hold about you. We may charge you for the reasonable costs of retrieving and providing this information

From time to time we offer our customers various products and services we may think may be of interest to them. Be assured that your personal information that enables us to do this, will remain confidential to Thomas's and that you may have these details corrected or removed at any time.

(d) Disclosure of Information

We may disclose information about you or your use of the website and/or services without your prior permission if we have a good faith belief that such action is necessary to:

· conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law

· protect our rights or property or those of our related companies

· enforce our Terms;

· act to protect the interests of our, or our related companies, customers or others.

We do not sell, rent or lease our visitor or customer information to third parties.


3. GENERAL TERMS

(a)Dispatch Times - Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

(b)Age - In order to contract with Thomas's you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Thomas's retains the right to refuse any request made by you.

(c)Access- access to this website is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period.

(d)Disclaimer of Liability - The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Thomas's and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(e)Indemnity - You agree to indemnify, defend and hold harmless Thomas's, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use our website or your breach of these Terms.

(f)Variation - Thomas's shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Terms, the Services and/or any page of our website.

(g) Viruses -Thomas's endeavours to ensure that that our website and electronic communications are virus free. However, it is your responsibility to scan any such data for viruses.

(h) Gift Vouchers and Thomas's Account Holders -At this stage purchases cannot be made on the Thomas's website using gift vouchers or using the Thomas's account service.

(i)Prices - Prices of goods and services and delivery and other charges displayed on the Thomas's site are current at the time of display. These prices are subject to variation without notice. We will always try to be as accurate as possible with our product descriptions and pricing.

(j)Waiver - If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. It is your responsibility to check this Policy regularly for any modifications or updates.

(k) Shop Security -When you make a purchase on our website, a secure server is used. Thomas's uses industry standard data encryption for transmission of any personal information including credit card details you provide online. Known as SSL (Secure Sockets Layer) protocol, you can check this is active by looking for the padlock symbol on many browsers. Thomas's makes no warranty in respect of the effectiveness of encryption usedand Thomas's is not responsible for events arising from unauthorised access of the information you provide.

(l) Third party websitesThomas's is not responsible for the privacy statements or other content on websites linked from our website.

(m)Governing Law and Jurisdiction - These Terms and the Services are to be construed in accordance with the laws of New Zealand and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of New Zealand.

(n)Entire Agreement - The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Thomas's. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Thomas's.

(o)Prohibitions - You must not misuse our website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

(p)Intellectual Property, Software and Content - The intellectual property rights in all software and content made available to you on or through our website remains the property of Thomas's or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Thomas's and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our website nor may you use any such content in connection with any business or commercial enterprise.



4. WEDDING REGISTER TERMS OF SERVICE


(a)Delivery: All items purchased on the gift register will be held in store for subsequent collection by the bride and groom or their representative. A freight charge may apply if delivery is required.

(b)Timing Issues: In the unlikely event that an in store purchase is made that coincides with an online purchase, the online purchaser will be notified and even if subsequent to the automated e-mail confirmation, the online purchaser will be requested to select an alternative item. Any difference in price will either be refunded or the difference charged to your credit card

(c)Refunds and Returns (specific to gifts purchased via the wedding registry)

Returns will only be accepted within 30 days of the purchase date for damaged, defective or incorrectly supplied items. Items must also be returned unused, unopened in original condition with packaging and invoice/gift delivery slip.

(d) If we are unable to replace a damaged, defective or incorrectly supplied item we will issue a full refund for the price paid for the item.

(e) Thomas's reserves the right to charge the price of the replacement item to the payment card used for the original order or to withhold any refund payment if the original item is not returned within 30 days of the date Thomas's confirms a replacement will be issued.

(f) Returned items should be sent to the following address:

Thomas's

54 Market St

Blenheim

New Zealand

(g) When returning items it is imperative that you:

· Repackage goods adequately to prevent damage in transit;

· Retain your proof of delivery until we can confirm receipt of the item.

(h) Thomas's does not accept responsibility for any returned item that goes missing or is damaged in transit.