Terms & Conditions
Terms & Conditions
1) GENERAL
By accessing the “100% Home” website (100percent.co.nz) (the “Website”), you acknowledge that you have read, understood and agree to be bound by these terms and conditions of use. This Website is owned and operated by Home Group Services Limited (“HGS”) on behalf of all 100% stores (referred to as “us”, “our”, “we”). All documents, visuals, animations and graphics contained on the Website are the property of HGS.
HGS may, at its discretion, modify these terms and conditions as and when it deems necessary and edit or delete any documents, information or other content appearing on the Website. The following terms and conditions govern your use of this Website, including any service or content we provide you via the Website (the “Online Services”).
The Website and material within it is protected by copyright or intellectual property rights, even if not explicitly stated to be. You may print out documents or pages for your individual/Company use, but no unauthorised distribution or making available to the public (whether in print or electronic form) of any data contained within this Website is permitted without prior consent from HGS.
This Website may contain links to other websites. HGS is not responsible for the content, accuracy or opinions expressed in such other websites, which are not investigated, monitored or checked for accuracy or completeness by HGS. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website. If you decide to leave our Website and access third party sites, you do so at your own risk.
You may not create a hypertext link to any page on this Website without HGS' prior consent. The creation of the hypertext link without HGS' approval is a breach of its intellectual property rights and you will be liable to HGS for all loss, damage, liability, costs or expense incurred by HGS arising from the link.
This Website is owned and operated by HGS, however, HGS does not supply any of the goods offered for sale on this Website. All goods bought through this Website are sold by 100% Home. All payments made for goods through this Website are processed by 100% Home. All issues relating to an online purchase must be directed to 100% Home. Each store in the 100% group of stores within the HGS group of companies is solely and independently responsible for its fulfilment, legal and regulatory compliance.
2) CONTACT INFORMATION
The information contained on this website constitutes an invitation to treat and not an offer to supply goods or services to you. 100% Home is responsible for the supply of goods ordered by you through HGS’ Online Services. Any orders you place through the Online Services are legally binding offers and if accepted by us, a legally binding contract is formed between you and 100% Home. The Online Services are intended for use by people located in New Zealand and not for people located outside New Zealand.
100% Home
Address: Level 2, 12 Walls Road, Penrose, Auckland
Phone: 09 579 6960
Email: [email protected]
If you wish to contact HGS:
Address: Level 2, 12 Walls Road, Penrose, Auckland or
Phone: 09 579 6960 Monday – Friday between 8.30am – 5.30pm or
Email: [email protected]
3) CONTENT
While we endeavour to supply accurate information on this Website, errors and omissions may occur. Where allowed by law, HGS does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this Website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this Website.
We will use reasonable endeavours to ensure that the Website operates reliability and consistently, but we do not guarantee or provide any warranties that the Website will operate uninterrupted without any faults.
We are not responsible for any losses suffered by you or any third parties (including direct, special, indirect, consequential, loss of profits, exemplary or otherwise) arising out of your access to the Website, interruption or unavailability of the Website, system outages or malfunctions, however caused. This includes viruses alleged to have been obtained from the Online Services, your use of or reliance on the Online Services or any of the information or materials available on the Website, regardless of the type of claim or the nature of the cause of action. Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Details contained on this Website relating to the products and the sale of the products through this Website have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties 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 laws.
4) ACCOUNT INFORMATION
If you choose to create an account, access to your account is by your designated username and password. You may change your password at any time. If you forget your password, we will send you an email containing a new password. If you create an account, you are responsible for keeping your login information confidential and secure. Without limiting the foregoing, you agree not to:
permit any other person to use your username or account; and
disclose, or provide to any other person your password, email address or any information that may allow that person to gain access to your account.
You indemnify us against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your login information, whether or not you have authorised that person to use your login information. If we have reason to believe that there is likely to be a breach of security, misuse of the website or any unlawful activity, we may suspend and/or terminate your account without notice.
5) YOUR RESPONSIBILITIES
You are responsible for:
ensuring that all information you provide to us is correct and complete;
ensuring that your use of the Website and the Online Services is lawful and does not interfere with the use of the Online Services by any other person;
complying with these terms, and any of our policies relating to your use of the Website;
complying with all other lawful requirements relevant to your use of the Website; and
keeping us informed of any changes to your contact details.
You shall not copy, modify, distribute, demonstrate to a third party, decompile, reverse engineer or otherwise deal with any part of the Website or its content in any way which would be detrimental to our rights or the rights of any person. You must not attempt to damage, interfere or harm this Website or any network or system underlying or connected with it, including by using a robot, spider, scraper or other automated means to access this Website or the information on it for any purpose.
You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
6) YOUR RESPONSIBILITIES
When you place an order through this Website, you are buying the goods from 100% Home.
We will send you an e-mail to confirm that we have received your order. Payment for the goods must be made at the time that you place your order. In the event that the goods are no longer available, you will be advised, and your payment will be refunded in full.
An order is made on our Website by placing a product in your shopping cart and proceeding through our checkout process which includes delivery, billing and any other relevant details. The final step consists of a confirmation page with full details of your order, which you are able to print as a record of your order. We will also email you with confirmation of your order.
We reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to have been placed fraudulently or where there has been an error in the listing, description or pricing of the goods. Where payment for a refused order has been charged to your credit or debit card, we will refund the value of that order to the credit or debit card that was used for payment. We may refuse any application to use HGS’ Online Services. We may also, at our discretion, suspend or terminate your access to HGS’ Online Services at any time for any reason.
7) PAYMENT OPTIONS
Payment is accepted with the payment types:
Visa
MasterCard
QCard
Account 2 Account
You agree to indemnify us against any loss or damage that we incur arising out of any default by your credit or debit card provider to make payment to us in full and where for whatever reason the goods are made available to you for pick-up or delivery.
HGS may, for the purposes of mitigating fraud, request photo identification to verify the payment method used by a customer to place an order via HGS’ Online Services. Any information provided will be dealt with in accordance with HGS’ Privacy Policy.
8) PRICING AND AVAILABILITY
All prices listed on this Website are in New Zealand dollars and are inclusive of GST. While we endeavour to ensure that all prices are correct when published, we reserve the right to amend the prices where an error has occurred. Also note, these prices listed are available online only as pricing may vary in-store. While we endeavour to ensure that a reasonable number of goods are available at the prices stated, we cannot guarantee that there will be sufficient stock at 100% Home to meet all orders and there is no obligation on any other 100% store to fulfil orders made at another store. The information in this Website has been published by HGS upon the basis that 100% Home will offer the goods for sale until a specified date or until sold out, whichever first occurs, at no greater than the advertised prices.
Prices and savings advertised on this Website are for online ordering on this Website only. Consequently, prices and savings may vary in store.
Where we refer to a "low price" or "regular online price" on this Website, the following conditions apply:
Our low price is defined as our 90 day average online price.
Our regular online price is defined as our most frequently displayed online price over a 90 day period.
We endeavour to provide the most accurate and up to date content where possible on this Website, but advise that at any time our suppliers can change or update content and it is recommended that you refer to the product specification manuals that come with the product for the latest information.
Every effort is made to ensure that our product images are displayed accurately and are as true to colour as possible. However, the actual product colour may differ from the product display image whether due to human perception or display settings on your computer or device, or otherwise.
Product images are for illustration or comparison purposes only. Colours, features, attributes, specifications and sizes may vary from those displayed and we cannot guarantee that these accurately reflect the actual product. We reserve the right to make necessary changes to product specifications, features, dimensions and quantities of products displayed on the Website at any time and without notice.
9) WEBSITE AND CREDIT CARD SECURITY
We want you to have a safe and secure shopping experience online. All payments via our Website are processed via the Windcave secure DPS payment gateway which secures your credit card information and incorporates 3D Secure technology.
Your goods will be supplied by 100% Home and will be delivered to the address you provide, in accordance with your instructions given when you placed your order. You can change your delivery instructions at any time by contacting us and quoting your order number. We will be able to advise you on what, if any, additional charges will apply. Due to health and safety requirements pursuant to the Health and Safety at Work Act 2015, extra charges may also apply if delivering the appliance requires extra personnel because of oversized or heavy items, or where access at the delivery address is difficult due to stairs, etc.
Our standard online order delivery service is "drop off in box only" and does not include installation. At this time, we only deliver to New Zealand addresses excluding P O Boxes and Private Bags. Please note that a signature is required for all deliveries.
Goods ordered through this Website are at our risk until they have been signed for at the time of delivery to your specified address. Once delivered, title and risk in the goods passes from 100% Home to you. If goods are lost or damaged in transit, please contact us within 7 business days at [email protected].
11) DELIVERY PERIOD
100% Home will endeavour to ensure that orders will be available for dispatch within 3-5 business days of the order being placed, but we accept no liability for any delay in delivery. To ensure successful delivery, please provide a delivery address where someone will be present during business hours to sign for the receipt of your goods.
12) RETURNS AND REFUNDS
If you need help or have questions about any products please contact us first, before you purchase online.
If you do purchase online and want to return the product you purchased, please note that there is no legal requirement for 100% Home to accept returned goods if you have merely changed your mind. However, 100% Home may accept certain goods back if they are returned unopened, unused and in original undamaged condition within a period of 7 days only. After this period, we may charge a 15% restocking fee. Contact 100% Home first to see if this applies to the goods that you wish to return.
Unfortunately, software, personal hygiene products and headphones may only be returned if they are faulty. They cannot be returned simply because you have changed your mind about them. You are also entitled to all guarantees and rights to return faulty goods that may be given by the manufacturer of the goods and by law except where excluded in these terms and conditions.
13) EXCLUSIONS TO THE FAIR TRADING ACT 1986 (“FTA”) AND CONSUMER GUARANTEES ACT 1993 (“CGA”)
Where you are in “trade” as defined in the CGA, you agree to contract out of the following:
the provisions of the CGA shall not apply for any goods acquired by you for business purposes;
Section 9 of the FTA which prohibits misleading and deceptive conduct generally;
Section 12A of the FTA which prohibits unsubstantiated representations; and
Section 13 of the FTA which prohibits false or misleading representations.
You acknowledge that the exclusion of the above of the provisions in the CGA and FTA is fair and reasonable.
14) INTELLECTUAL PROPERTY
HGS owns all copyright and other intellectual property in this Website. Everything on this Website and all software relating to this Website, unless otherwise stated, is copyright. These intellectual property rights are protected by New Zealand and international laws.
HGS welcomes the use of this Website for personal use, non-commercial use, research or study - provided that the user acknowledges all copyright and other notices contained in the content subject to copyright law and the Copyright Act 1994.
You may not in any form or by any means redistribute or copy or display for redistribution to third parties or for commercial purposes, any portion of this Website or any information obtained from any part of this Website without the express permission of HGS.
You must ensure that your access to this Website is not illegal or prohibited by the laws in the country in which you access the Website and does not infringe the intellectual property rights (copyright, trademark, brand etc) of any third parties. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
15) LINKS
Please note that although this Website has some hyperlinks to other third party websites, these sites have not been prepared by HGS and are not under the control of HGS. The links are only provided as a convenience, and do not imply that HGS endorses, checks, or approves of the third party site, and as such they may not remain current or maintained. HGS is not responsible for the privacy principles or content of these third party sites or the availability of any of these links.
16) SECURITY AND CONFIDENTIALITY
When transmitting and dealing with your personal information over the internet, you acknowledge that the internet is not a secure environment. Although we have physical, electronic and managerial processes in place to protect our Website and the information we collect via our Website or email, we cannot guarantee that your information will be secure, confidential and free from unauthorised access or security breaches. Accordingly, you acknowledge and agree that we are not liable for any unauthorised access damage or loss that may occur or for correcting or restoring your account which may have been damaged by reason of the unauthorised access.
17) DISPUTES
Where you have a dispute with 100% Home over goods purchased from it through this Website and it has not been resolved to your satisfaction, you may ask HGS to investigate provided no more than 3 months has passed since your purchase. HGS will attempt to mediate between you and 100% Home in a fair and honest manner. However, it does not provide any assurance that it will provide you with any particular outcome nor shall it be liable to you for any costs that you may incur during the process. You are also entitled to withdraw your dispute at any time and to use any other complaint process that you may wish.
18) PRIVACY
Your privacy is important to us and we will take all reasonable steps to ensure that your personal information is acquired, stored and used in accordance with our Privacy Policy.
19) SEVERABILITY
If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of these terms will remain in full force and have full effect.
20) NOTICES
We will send relevant invoices and notices, if and as required under these terms, to the email address nominated by you. It is your responsibility to ensure that you keep us informed of any changes to your contact details. You will be deemed to have received an invoice or notice sent by email at the time that we send it.
21) CHANGES TO THIS AGREEMENT
These terms (including any terms or policies explicitly incorporated by reference) amount to the whole of the arrangement between you and us relating to your use of the Website or our Online Services. These terms replace any prior related agreements and understandings between you and us.
100% Home reserves the right to alter, modify or update these terms of use. These terms, as amended from time to time, apply to all orders you make through this Website. Please ensure you read the current terms and conditions applicable at the time of each purchase.
22) FORCE MAJEURE
We are not liable in respect of anything that, but for this provision, would or might constitute a breach of these terms and conditions, where this arises out of circumstances beyond our, including but not limited to acts of God, natural disasters, sabotage, accident, riot, shortage of supplies equipment or materials, strikes and lockouts, civil commotion, computer viruses or hacking, breakdown of equipment, power supply failure or telecommunications failure, or malicious damage (Force Majeure). We will refund the full purchase price of orders that have been processed but cannot be completed due to Force Majeure.
23) ELECTRONIC TRANSACTIONS ACT
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to Section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.
23) INDEMNITY
You agree to indemnify us, our officers, employees, shareholders, agents 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.