● Website Policies
Our website policies are designed with you, the customer, in mind to ensure that your online shopping experience with Out of the Box Clearance Store will be secure, prompt, efficient and hassle-free.
This website (“site”) is operated by Out of the Box Clearance Store (referred to in these terms of sale as “we”, “us or “our”). These terms of sale apply to your purchase of products via our site.
When you register for an online account.
When you contact us to enquire about this site or any of our products or services.
Through your use of this site and the services and functionality offered through it.
We will only use personal information about you for the following reasons:
To create an online account for you.
To record and process your orders.
To add to our database so we may inform you of specials, promotions, offers and events via email or post.
To improve the products and services we offer through this site.
To respond to your queries.
Any other reasons which we may notify at the time the information is collected.
We may share your personal information:
To our group companies or service providers (e.g. in order to store the information).
Where the disclosure is in connection with one of the purposes for which the information was collected (e.g. to courier companies to enable deliveries).
Where we are required or authorised by law to make disclosure.
Except as provided above, we will not share your personal information with any other third parties.
– Retention and Security
We will not hold your personal information for longer than is required for the purpose(s) for which it was collected.
We will ensure that security safeguards protect the information and we will take all reasonable steps to ensure that information will not be disclosed to any unauthorised person or organisation.
– Access and Correction
We will take all reasonable steps to ensure that personal information held by us is accurate and up-to-date. You are entitled to obtain from us confirmation as to whether or not we hold personal information about you and you are entitled to reasonable access to this information. You may also request:
That we correct this information if it is inaccurate; and
That your details do not appear on our database.
You can make changes to your personal information on the “login” page, contact us using the “Contact Us” page on this site, or by calling our free phone number – 0800 274 726.
● Orders and Delivery
An order made via this site (“order”) is an offer to purchase one or more products. When we receive a valid order from you, we will accept this offer by confirming via email that we have received and are processing the order.
We will deliver the products set out in your order (“products”) almost anywhere in New Zealand. We do not deliver outside New Zealand, however, an overseas order may still be placed with a New Zealand delivery address. Delivery is made by courier.
We endeavour to deliver all products within 3-5 working days of us confirming receipt of the order, although this timeframe is an estimate only. If we are not able to supply the products or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock or the delivery is to a rural/remote location*), we will notify you as soon as reasonably possible after we become aware of this, in which case you may cancel the order (or any part of it) and you will receive a refund (including the applicable delivery charges) in respect of those products which will not be delivered (if any). We will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.
The anticipated delivery charges (if applicable) will be notified to you when you complete the order, although in some cases the actual delivery charges may be higher (e.g. if the products are large/heavy or delivery is to a rural/remote location). We will notify you if the actual delivery charges are higher than those anticipated, in which case you may cancel the order (or any part of it) prior to delivery and receive a refund (including the applicable delivery charges) in respect of the cancelled order.
The delivery charge is $4.50 North Island and $9.00 South Island, with a few exceptions.
Please note that deliveries to the Outer Islands (Chatham Island, Stewart Island, Kawau Island, Waiheke Island, Matakana Island, Great Barrier Island and d’Urville Island) will incur additional costs.
● Product descriptions
The products will comply, in all material respects, with their product descriptions appearing on this site at the time when you submit the order. If a product does not comply with its product description, you may return the product(s) and accept a refund or exchange the product(s) – for more information please see our Returns page.
We stand by the quality of our products and we make things right if you are not satisfied with your purchase. You can return products to receive a refund of the purchase price within 30 working days of receipt (if there is fault or damage), provided that the products are returned in their original condition with original or appropriate packaging and invoice.
To return products please call us on 0800 274 726 and we will advise you on how best to return the goods to us.
The prices for the products listed on this site are in New Zealand dollars and include GST, but not any delivery charges. We endeavour to ensure that all prices listed on this site are consistent with the prices offered at our stores. Out of the Box Clearance Store reserves the right to amend or rectify any errors in pricing or product specification within 24 hours of being notified of it or after an order has been processed.
● Intellectual Property Rights
All intellectual property on this site, including without limitation any trade marks, text, graphics and copyright, is owned by us or our content suppliers. We are the exclusive owner of all rights in the compilation, design and layout of this site.
● Right to Use Site and Content
You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.
You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of the Company’s rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose of in any other way without the Company’s prior written consent.
If you wish to link to any part of this site, you must get the Company’s prior written consent.
● Your Information
Please ensure that any information that you provide when creating an account with us on this site is correct, complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information.
You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We endeavour to ensure that any content will be current, accurate or complete when you access it. However, we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.
● Force Majeure
We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.
● Consumer Guarantees Act
If the products are subject to the New Zealand Consumer Guarantees Act 1993 (“CGA”), you may have statutory rights and remedies which are not excluded nor limited by the above provisions unless you are acquiring the products for business purposes, in which case all of the above exclusions and limitations will apply and the CGA will not apply.
● All Liability Excluded
To the extent permitted by law:
all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it; and
we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.
If your use of this site or its content is subject to the New Zealand Consumer Guarantees Act 1993 (“CGA”), you may have rights or remedies which are not excluded nor limited by the above. If you are using this site or its content for business purposes, the above exclusions and limitations will apply and the CGA will not apply.
● Additional Terms
● Jurisdiction and Governing Law
This site and its content is made available for the purposes of shopping online with Out of the Box Clearance Store and providing information about Out of the Box Clearance Store products.
Reproduction of the images and text on this site for any other purposes is prohibited.
All images and textual content on this website is copyright © Out of the Box Clearance Store
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