1. Personal information handling - Credit Applications
2. Disclaimer
3. Consumer Guarantees Act
4. Applicable Laws
5. Severability
6. Changes to these Terms
7. Discount Ads
8. Change of Mind
9. Consumers
10. Businesses
11. Minor Failure
12. Major Failure
13. Delivery Charges
14. Refunds
15. Goods Damaged in Transit
16. Contact
17. Additional Delivery Charges & Free Delivery Exclusions
18. Taking Delivery of Your Order
19. Tracking Your Order
20. Free Pick-Up In-Store
21. Online Orders
22. Clearance Products
23. Online Market Range
24. Trade Outlet
25. Smiths Kitchens

Promotions

1. Ongoing Offers
2. Current Promotions

Terms & Conditions

1. Personal information handling - Credit Applications

Our personal information collection and handling practices are set out in detail in our Privacy Policy which you can view here.

Customers applying for credit may also provide personal information to us for the following purposes:

(a) using customer due diligence services (including electronic based services and in particular driver license verification from Waka Kotahi NZ Transport Agency) to verify your identity and undertake customer due diligence and monitoring; and

(b) assessing your credit application, creditworthiness, and credit limit;

(c) complying with our obligations under the Credit Contracts and Consumer Finance Act 2003 and the responsible lending principles;

(d) maintaining and administering your credit account and account records with us and any Credit Reporting agencies;

(e) communicating with you and collecting any payment arrears; and

(f) for the purposes of fraud and crime prevention.

Personal information collected by us may include your name, title, company name, email address, telephone number, postal or physical address, product preferences, or any other personal information and will be handled in accordance with our Privacy Policy.

2. Disclaimer

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

We do not, nor do our employees, agents, suppliers and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our employees, agents, suppliers and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through electronic mail. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.

You agree to indemnify us, our employees, shareholders, agents, suppliers and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Fair Trading Act 1986.

3. Consumer Guarantees Act

Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.

4. Applicable Laws

This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.

The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.

5. Severability

If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

6. Changes to these Terms

We may, from time to time, add or remove information, products or services from this website without notice.

We reserve the right to amend these Terms at any time without notice, and we may terminate your access to this website at any time without notice. Your continued use of this website will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.

7. Discount Ads

Discounts or savings are off our full regular retail price. Partner Cards are are welcome, but no further discount applies. Not available in conjunction with any other offer. Excludes Clearance.

8. Change of Mind

Please choose carefully as we do not have to provide a refund if you have changed your mind about a particular purchase.

If you do change your mind regarding a purchase you’ve made, you may request a refund within 7 days of making your purchase. This is on the condition that the product is returned in its original condition with packaging and invoice.

The following products are excluded from this guarantee, except where they are faulty: Personal grooming and personal hygiene items, headphones and earphones, unsealed printer cartridges, beds and bedding products, software, VR headsets, wearables, gift cards, SIM Cards, recharge Cards and EZI-Pay vouchers.

To return an eligible product, please take your item (including the original packaging) and receipt to any of our stores nationwide or call us on 0800 764 847.

9. Consumers

Under the Consumer Guarantees Act 1993 (CGA), you have guaranteed legal rights for goods [and services] you buy.

These are called "consumer guarantees", and include the following:

a guarantee that the goods are of acceptable quality, such that the goods are:

Fit for all the purposes for which goods of that type are commonly supplied;

Free from minor defects, safe, durable and acceptable in appearance and finish;

a guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit;

a guarantee that the goods correspond with any description with which the goods are supplied; and

a guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.

If the goods [or services] we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.

These guarantees are in addition to any warranty offered by a manufacturer and you may have rights against the manufacturer directly.

The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.

10. Businesses

If you are acquiring goods [or services] from Smiths City Online for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods [or services].

11. Minor Failure

If the goods [or services] we supply do not comply with a consumer guarantee, but can be remedied within a reasonable time, we will either repair the goods or replace the goods with goods of identical type. If we cannot repair or replace the goods within a reasonable time, we will provide you with a refund of the purchase price.

12. Major Failure

A ‘major failure’ is where the failure in the goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a ‘failure of substantial character’ as set out by section 21 of the CGA.

If a failure amounts to a major failure, you are entitled to return the goods and choose to have a replacement of the returned goods or a refund. Alternatively, you may elect to retain the goods and obtain compensation for the reduction in value of the goods.

Where you choose a replacement, we will where available, provide goods of the same type and similar value to the returned goods, like-for-like.

13. Delivery Charges

Any shipping costs to return the original goods to Smiths City will be at the cost of Smiths City, where Smiths City considers the goods to have breached a consumer guarantee. If on examination of goods returned to Smiths City, the goods are found to not be in breach of any consumer guarantee, Smiths City may charge you a fee for examining the goods and any cost to return the goods to you.

Please note that goods must be returned within a reasonable period and you may be asked to demonstrate that you have purchased the goods from Smiths City Online and that the problem with the goods was not your fault.

14. Refunds

Refunds will be issued at the discretion of Smiths City. Refunds will normally be processed within seven (7) Business days.

Please choose carefully as we do not have to provide a refund if you have changed your mind about a particular purchase.

If you do change your mind regarding a purchase you’ve made, you may request a refund within 7 days of making your purchase. This is on the condition that the product is returned in its original condition with packaging and invoice.

The following products are excluded from this guarantee, except where they are faulty: Personal grooming and personal hygiene items, headphones and earphones, unsealed printer cartridges, beds and bedding products, software, VR headsets, wearables, gift cards, SIM Cards, recharge Cards and EZI-Pay vouchers.

To return an eligible product, please take your item (including the original packaging) and receipt to any of our stores nationwide or call us on 0800 764 847.

Smiths City reserves the right to issue any refunds to the same payment method used when the original purchase was made/order was placed.

15. Goods Damaged in Transit

If any goods arrive damaged, please contact the Online Sales Team within 24 hours of delivery. The Online Sales Team will arrange to have the damaged item returned and either repair or replace the goods or refund the price to you, at its election.

Damaged goods must be returned in the condition received by you with all original packaging, together with all packing slips.

16. Contact

Where you have an issue relating to your order, please immediately contact the Online Sales Team on 0800 764 847. Please have your order number with you. This Returns Policy is not intended to exclude or limit any rights that you may have as a consumer under the Consumer Guarantees Act 1993, and may not necessarily describe all rights you may have.

Smiths City delivers to your home or office. Delivery times may vary depending on the weight and size of the item and also the distance between the nominated shipping address and your closest Smiths City store.

We endeavour to ship courier size items within 3-5 Business days (Mon – Fri), larger items within 8-10 Business Days. Delivery of some furniture and bedding items can take up to 6 - 12 weeks due to availability and manufacturing. An Online Sales Representative will contact you within 48 hours (Mon – Fri) of receiving your order to advise expected delivery dates of your item(s).

Delivery charges are displayed when you choose your delivery method on the Shipping page prior to payment. Exceptions do apply to free delivery, see additional Delivery Charges Below.

17. Additional Delivery Charges & Free Delivery Exclusions

If your order is very large or your delivery address is in a remote area additional charges may be required, if this is the case an Online Sales Representative will contact you.

Deliveries to some rural areas and the Outer Islands (Chatham Island, Stewart Island, Kawau Island, Waiheke Island, Matakana Island, Great Barrier Island and D’Urville Island) will incur additional costs and are excluded from free shipping offers.

18. Taking Delivery of Your Order

All order deliveries require a signature. Items will not be left unsecured at private or commercial premises under any circumstances. If the delivery courier is unable to obtain a signature, a calling card will be left with details as to how you may arrange a pick up or re-delivery of your order.

19. Tracking Your Order

When we have shipped your order, you will receive an email notifying you of the shipping reference. If you received a courier shipping reference, you can track your item by following the link. If Smiths City is providing the delivery we will notify the day and a.m. or p.m. time range.

20. Free Pick-Up In-Store

When purchasing online, you also have the option to pick up your order from your nearest Smiths City store at no charge. Simply select the Pick up In-Store option for your preferred store. Items are not necessarily available at your chosen store, indicated stock levels reflect Smiths City as a whole. You will be notified you when your pickup is available.

When you visit the store, please be sure to have a purchase receipt on you and at least one form of photo identification. For more information, visit smithscity.co.nz/click-and-collect

21. Online Orders

Any information contained on our website constitutes only an invitation to treat, and is not an offer by us to supply any products, goods or services.

When you submit an order to us, you are making an offer to buy those products in accordance with these Terms. We reserve the right to accept or reject any order (in whole or in part) submitted by you, for any reason whatsoever, including but not limited to any order that we believe, in our sole judgement, to have been placed fraudulently, to supply to trade, or to re-sell.

Once you have placed your online order and payment is processed, it cannot be changed, however you can cancel your order.

If you'd like to cancel an online order, call us on 0800 764 847 with your order number as soon as you can.

If you cancel your order before we dispatch it, we can provide you a full refund.

If your order has already been dispatched, we're unable to cancel your order. Instead, please follow the returns process after your order arrives. Please note that your delivery fee may not be refunded in this situation

Smiths City reserves the right to decline purchase of large quantities of items in the case of suspected re-selling of items, large quantity purchase is reserved for verified commercial and or trade customer.

22. Clearance Products

Clearance specials are strictly limited, only while stocks last and not available in conjunction with any other current promotional offer. Some clearance specials apply to clearly-marked floor stock, ex-display, ex-repair, scratched and damaged items and end of line or overstocked items (Clearance Products). Smiths City will not be liable for any damage or faults in any Clearance Product that was specifically drawn to your attention before purchase. Where a fault was not drawn to your attention and the Clearance Product is faulty it can either be exchanged for an item at the same value as the purchase price paid by you, or, if there is no item of the same value, a full refund will be given. Partner Card are welcome but no further discount applies

23. Online Market Range

The following terms apply when purchasing goods marked as Online Market via our Website.

Online Market goods are identifiable by an “Online Market” label.

Unless specified otherwise, promotions, special offers, and deals offered by Smiths City do not apply to any goods within our Online Market range. Such promotions and offers include but are not limited to bonus Airpoints Dollars™ promotions, free delivery promotions, sitewide offer promotions.

Online Market goods are not available to view or collect in-store at any Smiths City store.

Online Market goods are subject to supply and therefore availability is subject to change based on demand.

Smiths City will honour all our obligations under CGA for Online Market goods. Please note change of mind returns are accepted at Smiths City's discretion, and only on the condition that the product is returned in its original condition with packaging and invoice. As Online Market goods are not sold in Smiths City stores, returns and/or warranty claims for these goods cannot be processed in-store. All returns or claims must be processed by our online team via email to customerservice@smithscity.co.nz or by calling us on 0800 764 847. Refer to our Returns Policy for more information. Costs associated with returning Online Market goods back to us are the purchaser’s responsibility.

24. Trade Outlet

Smiths Trade Outlet location(s) are not a reflection of the Smiths City Retail Terms and Conditions, Policies, Promotions or trade. Smiths Trade Outlet is independent of its offering and governance.

Smiths Trade Outlet promotions are not available outside in other Smiths City locations, Smiths City Retail Promotions are also not valid at Smiths Trade Outlet.

Smiths City Finance offers that are advertised in Smiths City retail locations are not valid at Smiths Trade Outlet, Smiths Trade Outlet may have its own select finance offers but these are available at location and by approval only.

The RRP against which any savings comparisons we make to the listed sale price for products displayed in material and in store are the supplier's recommended retail price for the product, this is referred to as our why pay RRP price.

Smiths Trade Outlet does not hold and or replenish regular stock, items are limited quantiles and therefore availability is subject to change based on demand. While Smiths Trade Outlet will update and maintain promotion and display of products to reflect accurate availability this may not always be the case.

Smiths Trade Outlet products are end of line, overstocked, clearance, box damaged, dented scratched or opportunity buys.  Please consider your purchase carefully, as we are unable to offer refunds on these items for change of mind. We will honour all our obligations under CGA.

25. Smiths Kitchens

Smiths Kitchens service and location(s) are not a reflection of the Smiths City Retail Terms and Conditions, Policies, Promotions or trade. Smiths Kitchens is independent of its offering and governance.

Upgrade and Appliance Promotion Prices are the regular retail or supplier recommended retail price. Smiths City retail may from time to time have temporary promotions and sales showing a discounted price which is not referenced or reflected in the Smiths City Kitchens offering.

Ongoing Offers

Our Price Promise

If you find a lower price on the same item at an eligible competing retailer, we will match the advertised price for an identical make and model item. Terms, conditions and exclusions apply, see smithscity.co.nz/price-promise for full details.

Current Promotions