Online Shopping Policy
Welcome to Photo Warehouse. Photo Warehouse is the trading name of Auckland Photographic Supplies ("Photo Warehouse", "we", "us", "our"). These terms apply when you use this website or place an order through it. By using the site or placing an order, you agree to these terms, so please read them carefully.
Contents
- Stock Availability and When Your Order Becomes a Contract
- Your Consumer Rights
- Privacy
- Electronic Communications
- Pricing and Errors
- Delivery
- Damaged or Faulty Products and Returns
- Product Information
- Finance
- Your Account
- Reviews, Comments and Other Content
- Copyright and Trademarks
- Licence and Site Access
- Limitation of Liability
- Governing Law and Disputes
- Changes to These Terms
- Contact Us
1. Stock Availability and When Your Order Becomes a Contract
Photo Warehouse is an omnichannel retailer. The same stock is sold through this website and our seven showrooms at the same time. Stock levels shown online are updated regularly but are a guide only. An item can sell in-store between the moment you place your order and the moment we process it.
Because of this:
- Your order is an offer to buy. Placing an order on the website is an offer to buy the products at the price shown.
- Payment is not acceptance. The automatic "order received" email and the processing or authorisation of your payment only confirm that we have received your order. They do not mean we have accepted it, and no binding contract exists at that point.
- When the contract forms. A binding contract forms only when we accept your order. We accept it when we dispatch the products to you, or when we tell you your order is ready to collect, whichever comes first.
- If a product is no longer available. Before we accept your order, we may decline or cancel all or part of it. This can happen if the product has sold elsewhere, is no longer available from our supplier, or was listed with a pricing or description error. We can do this even if you have already paid.
- Refunds for cancelled orders. If we cancel all or part of your order, we will tell you as soon as possible and give you a full refund of the amount paid for the cancelled items, including any delivery fee, to your original payment method. We aim to process refunds within 3 working days. Your bank may take a few more days to show the funds. With your agreement, we may offer you an alternative product, a back-order or a transfer from another store instead.
- No further liability. If we cancel an order before accepting it, our only obligation is to refund you as described above.
If you need a product by a particular date, please phone your nearest showroom to confirm stock before ordering, or put the date in the notes field at checkout.
2. Your Consumer Rights
Nothing in these terms limits your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that can't be excluded. If you are buying goods for business purposes, you agree that the Consumer Guarantees Act does not apply, to the extent the law allows.
3. Privacy
Please read our Privacy Notice. It also covers your use of this website and explains how we collect, use and store your personal information.
4. Electronic Communications
When you visit our website or email us, you are communicating with us electronically. You agree that we can contact you by email or by posting notices on this site. You also agree that agreements, notices and other communications we give you electronically meet any legal requirement for them to be in writing.
5. Pricing and Errors
We work hard to make sure prices and product details are correct, but mistakes can happen. If we find an error in the price or description of a product you have ordered, we will contact you before accepting your order. You can then go ahead at the correct price or cancel for a full refund. All prices are in New Zealand dollars and include GST unless stated otherwise.
6. Delivery
Estimated delivery times are shown at checkout. They are a guide only and can change because of order volumes, courier delays or supplier delays on items that are not in stock. Where free delivery is offered, we choose the delivery method. If you have signed a courier authority to leave goods at your address without a signature, the risk of loss or damage passes to you once the courier delivers the goods to that address.
7. Damaged or Faulty Products and Returns
Please check your products when they arrive. If a product is damaged, please refuse delivery if you can and let us know. If you notice damage after delivery, please tell us as soon as possible, ideally within 7 days, so we can sort it out quickly with the courier.
Faulty or damaged products are covered by your rights under the Consumer Guarantees Act. Depending on the problem, we will repair, replace or refund the product. If you return a product because it was damaged or faulty, we will also refund the delivery fee.
We do not offer refunds or exchanges for change of mind.
8. Product Information
We try to make product descriptions, images and specifications as accurate as possible. Some information comes from manufacturers and may change without notice. If a product is not as described, your rights under the Consumer Guarantees Act and Fair Trading Act apply.
9. Finance
We offer finance options for personal and business customers through our finance partners. All finance is subject to the provider's lending criteria and terms. Please contact us to confirm repayment amounts.
10. Your Account
You are responsible for keeping your account login and password confidential and for all activity under your account. If you are under 18, you may only use this website with the involvement of a parent or guardian. We may refuse service, suspend or close accounts, or remove content at our discretion. Order cancellations are handled as set out in the Stock Availability section above.
11. Reviews, Comments and Other Content
You may post reviews, comments and other content as long as it is not illegal, obscene, threatening, defamatory, invasive of privacy or infringing of intellectual property rights. It must not contain viruses, political campaigning, commercial solicitation or spam. You must not use a false email address or pretend to be someone else.
By posting content, you give Photo Warehouse a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, adapt, publish and display that content in any media. We may also use the name you submit with it. You confirm that you own or control the rights to the content and that it is accurate. We may remove or edit content but have no obligation to monitor it, and we are not responsible for content posted by users or third parties.
12. Copyright and Trademarks
All content on this site belongs to Photo Warehouse or its content suppliers and is protected by New Zealand and international copyright law. This includes text, graphics, logos, images, software and the way that content is compiled.
Photo Warehouse trademarks and trade dress may not be used:
- in connection with any product or service that is not ours;
- in any way likely to confuse customers; or
- in any way that disparages Photo Warehouse.
Other trademarks on this site belong to their respective owners.
13. Licence and Site Access
We give you a limited licence to access and use this site for your personal, non-commercial use. Without our written consent, you may not:
- copy, modify, resell or commercially use the site or its content;
- collect product listings, descriptions or prices;
- use data mining, robots, scrapers or similar tools;
- frame the site; or
- use our name or trademarks in meta tags or hidden text.
You may link to our home page as long as the link is not false, misleading or derogatory and does not use our logo without permission. Any unauthorised use ends this licence.
14. Limitation of Liability
To the extent permitted by law, we are not liable for any indirect or consequential loss arising from your use of this website. We do not guarantee that the site will be uninterrupted or free of errors or viruses. This does not limit any rights you have under the Consumer Guarantees Act or Fair Trading Act.
15. Governing Law and Disputes
These terms are governed by New Zealand law. If you have a concern, please contact us first and we will try to resolve it. Any dispute that can't be resolved directly may be taken to the Disputes Tribunal or the New Zealand courts.
16. Changes to These Terms
We may update these terms from time to time. The version on this page at the time you place your order applies to that order. If any part of these terms is found to be unenforceable, the rest of the terms still apply.
17. Contact Us
Photo Warehouse
175 Great North Road, Ponsonby, Auckland
Phone: +64 9 3032 148