Terms of service

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.

We are: Ballantyne Showcase Jewellers

Our address is: 39 Thames Street, Oamaru - 9400 New Zealand

You are: a visitor to Our Website / our customer.

1. Definitions

In this agreement:

“Carrier”	Means any person or business contracted by us to carry Goods from us to you.
“Consumer“	Means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content“	Means any content in any form published on Our Website by us or any third party with our consent.
“Goods“	Means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website“	Means any website of ours, and includes all web pages controlled by us.
“Post“	Means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases 'Posted' and 'Posting' shall be interpreted accordingly.

2. Interpretation

In this agreement unless the context otherwise requires:

A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, pision, reconstruction or other re-organisation involving that party.
The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. The Contract

This agreement contains the entire agreement between the parties.
Each party acknowledges that, in entering into this agreement, he or she does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and/or place an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
We do not guarantee that all Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order any Goods.
The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time you buy those Goods.
If at any time, you buy Goods from us under any arrangement which does not involve payment via Our Website; these terms still apply so far as they can be applied.
We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not service or sell to. At present, we only sell and deliver to New Zealand addresses.

4. Acceptance of your order

Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing (or by email confirmation), referring to the order.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- Accept the alternatives we offer;
- Cancel all or part of your order.

5. Price and Payment

Subject to clause below, the price of Goods is as set out in the order confirmation.
It is possible that the price payable for particular Goods may from time to time vary from that Posted on Our Website. If that happens to Goods which you have ordered, we will not dispatch the Goods until you have confirmed to us by email that you wish to buy at the new price. No Goods will be shipped or dispatched until payment for the Goods, including delivery charges and taxes, has been received by us in full.
All prices are in $NZD and include GST.
If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it. For the avoidance of doubt, all legal and beneficial ownership in the Goods remains with us until we are paid in full.
Where the Goods have been delivered but you have not paid us in full, you agree that we have the right to enter your premises where the Goods are located and to take possession of and to remove the Goods.
All charges relating to payment in a currency other than New Zealand dollars will be borne by you.
Any information given by us in relation to exchange rates are approximate only and vary from time to time.
If, by mistake, we have mispriced Goods or provided incorrect descriptions of the Goods (“Error”), we will not be liable to supply those Goods to you at the stated price or as described, provided that we notify you before we dispatch the Goods to you. Your only remedy in the event of an Error is to cancel your order.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order.
If we owe you money (for any reason), we will credit your credit or debit card as soon as reasonably practicable, but in any event, no later than 45 days from the date when we accept that repayment is due.

6. Privacy Policy

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
We do not keep your contact information, nor your purchasing history, or card details. For more information about how your information will be used or not used, refer to https://www.paymentexpress.com/.
We have no control over the storage of your personal details and are not liable for any misuse, theft or any usage of such information.

7. Delivery and collection

Subject to payment having been made and received in full, Goods can be expected to be delivered within 30 days from the day you place your order to purchase the Goods and make payment for those Goods.

Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.

If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

We may deliver the Goods in instalments if they are not all available at the same time for delivery.

All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience. Signing “Unchecked”, “Not Checked” or similar is not acceptable.

If the package is not signed for, the liability over the item transfers to you. We are not responsible or liable for the security, damage or theft of the item after this time. It is your responsibility to pick up the item or arrange for it to be sent to you again at your own cost.

We will send you a message by email to tell you when we have despatched your order if you elect to have your Goods sent to your nominated location by post.

If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. To the maximum extent permitted by law we will not be liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy and we will not, in any circumstance be liable to you for any delivery related issue or complaint.

Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.

Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

We are happy for you to collect Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. Payment in the form of a cheque on arrival is not acceptable and will not be accepted. All payment must be made via the online payment gateway.

If you collect Goods from our premises then:

We will not be able to assist you in loading heavy items;
Goods are at your risk from the moment they are collected by you or your Carrier from our shop / warehouse;
You agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

8. Foreign taxes and duties

If you are not in the New Zealand, we have no knowledge of, and no responsibility for, the tax, duties and other relevant laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

9. Return of Goods

These provisions apply in the event that you return any Goods to us for any reason:

Before you return the Goods to us, please carefully re-read any instructions and check the terms of your order acceptance.
The Goods must be returned to us as soon as any defect is discovered but not later than 30 days after purchase, and on condition the defect was notified within 15 days.
Notification must be via email or telephone. The method of return of goods is to be determined by us but at your own risk and cost. A refund will be returned to you upon full satisfaction of requirements set out in clause 9.5 and 10.1.

With both Goods and all packaging as far as possible in their original condition
Securely wrapped
Including our delivery slip; or manufacturer’s delivery slip
At your risk and cost.

In returning faulty Goods please enclose with them a note clearly stating the fault and when it arises or arose.

10. Defective Goods

Some Goods come with a guarantee or warranty from the manufacturer and where possible, we will pass on the benefit of those guarantees or warranties.
Goods with defects in material or workmanship (“Defective Goods”), must be returned to us as soon as a defect is discovered but not later than 30 days after the date of dispatch to you and on the condition that you give us prior notice in writing. In returning Defective Goods you must enclose with them a note clearly stating the fault and when it arises or arose.

11. Disclaimers

The law differs from one country to another. This clause 19 applies so far as the applicable law allows.
If you use Our Website from a country other than New Zealand, you acknowledge that the information on Our Website may not be appropriate for the jurisdiction, and you acknowledge that you are responsible for compliance with the laws of the jurisdiction from which you are accessing Our Website.
To the extent permitted by law, all the conditions, warranties or other terms implied by the law of any country other than the New Zealand are excluded from this agreement.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include inaccuracies or typographical errors. You should bring to our immediate attention, any inaccuracies or typographical errors that you find.
To the maximum extent permitted by law, Our Website and related information and services are provided on an “as is” basis and we give no warranty or guarantee and make no representation, express or implied or otherwise, as to:

Any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose.
The correspondence of the Goods with any description.
The adequacy or appropriateness of the Goods for your purpose.
The truth, accuracy or completeness of any Content on Our Website.

You agree and acknowledge that the existence of any errors, interruptions whether temporarily or permanently, or incompleteness of Our Website will not be a breach of these terms and conditions and we will not be liable to you should Our Website contain errors, or become unavailable, interrupted, or delayed for any reason.
To the maximum extent permitted by law, we are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or purchase of Goods.
If the limitation of liability clauses 19(e), (f) or (g) are held to be invalid, in whole or in part, then you agree that our maximum aggregate liability to you for all loss, damages, costs and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of NZD $1.00.
Nothing in this clause 19 or this agreement affects, or limits, any right which you have as a consumer under the Consumer Guarantees Act 1993 (NZ).

12. Your account with us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

13. Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

Be malicious or defamatory.
Consist of commercial audio, video or music files.
Be illegal, obscene, offensive, threatening or violent.
Be sexually explicit or pornographic.
Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person.
Give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business.
Solicit passwords or personal information from anyone.
Be used to sell any goods or services or for any other commercial use.
Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate.
Link to any of the material specified above, in this paragraph.
Send age-inappropriate communications or Content to anyone under the age of 18.
Ballantynes has no affiliation with our brand, we only sell genuine products and have direct trading relationships with all brand owners, their licensed agents or distributors with NZ

14. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

Hyperlinks, other than those specifically authorised by us.
Keywords or words repeated, which are irrelevant to the Content Posted.
The name, logo or trademark of any organisation other than yours.
Inaccurate, false, or misleading information.

15. Removal of offensive Content

For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

If you are offended by any Content, the following procedure applies:

Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
We shall remove the offending Content as soon as we are reasonably able.
After we receive notice of a claim or complaint, we shall investigate so far as we alone decide.

We may or may not, in our absolute discretion re-instate the Content about which you have complained.

In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

16. Security of Our Website

If you violate Our Website we shall take legal action against you.

You agree that you will not, and will not allow any other person to:

Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
Download any part of Our Website, without our express written consent.
Collect or use any product listings, descriptions, or prices.
Collect or use any information obtained from or about Our Website or the Content.
Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website.
Share with a third party any login credentials to Our Website;

17. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

Your failure to comply with the law of any country.
Your breach of this agreement.
Any act, neglect or default by any agent, employee, licensee or customer of yours.
A contractual claim arising from your purchase of the Goods using our website.
A breach of the intellectual property rights of any person.

18. Intellectual Property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trademarks or any other Content on any website of ours or that of any other person.