Terms and Conditions
Polynesian Spa is the owner and publisher of the content contained in this website (referred to as “our”, “us”, “we”).
In these terms:
(1) “you”, means anyone who visits or uses this website
(2) “Order” means an offer made by you in response to an invitation to treat made by us on the website
(3) “third party” includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by any us, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website.
We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Sales Terms as revised. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Sales Terms.
2. Guests and Registered Users
(1) You may access or use the website as a ‘guest’ or as a ‘registered user’.
(2) To become a registered user of the website, you must upon request provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Services Team on 0508 765 977 or email email@example.com
(3) You will receive an email from us immediately after you create your account. If you have not received such an email within 24 hours, please contact Customer Services Team on 0508 765 977 or email firstname.lastname@example.org
(4) We only permit one membership registration per email address.
(5) You must not use another members’ account.
(6) You must keep your password secure and you are responsible for any activity using your membership. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Customer Services Team on 0508 765 977 or email email@example.com
(8) We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
3. Legal Capacity
(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2) Any Order or purchase made by you using this website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.
(3) We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
4. Product & Services Orders
(1) This website and the information on it constitute an invitation to treat and not an offer to sell or supply products and services.
(2) We will advertise each item of the goods described in this website (“Offer Goods”) for sale until such time as the Offer Goods are removed from this website (“Offer Period”), for a price not greater than the price specified in this website for that item (“Offer Price”), subject to these Sales Terms.
(3) We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order. Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Sale Terms.
(4) You and we may enter into a contract for the sale and supply of products and services by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic Order for the products and services using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) our acceptance of that offer in accordance with these Sales Terms.
(5) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the products and services only when:
(i) all requirements set out in these Sales Terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) we receive in our account full payment from you for the product or service (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(6) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) we may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(7) You will receive an email from us immediately after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact Customer Services Team on 0508 765 977 or email firstname.lastname@example.org
(8) If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(9) We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products or services on the website, or an error in your Order.
(10) We endeavour to ensure that any representations made about stock availabilities are accurate to the last known stock level. You acknowledge that stock availabilities are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.
(11) We will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from us.
5. Order Enquiries
If you have any query about the progress of your Order please contact Customer Services Team on 0508 765 977 or email email@example.com Please have your Order number handy as shown on the email confirmation.
(1) Prices shown are in New Zealand dollars and include GST where applicable. Prices do not include any costs associated with set-up or installation, which shall be your responsibility. Prices may not include delivery and handling charges. We may vary any prices on this website at any time without notice to you.
(2) Each published saving in respect of a product or service is by reference to the recommended retail price of the manufacturer or our normal ticketed price.
(3) We do not represent that any product or service offered via the website will be available at all times.
(4) Images of products or services shown without any advertised price beside that image are not offered for sale.
(5) Unless otherwise stated, any accessories shown in any image of products or services are not included in the price.
(6) We reserve the right to correct any errors.
(1) All payments must be made by you in full.
(2) Payments must be made via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products or services ordered and the applicable delivery fees at the time the products are dispatched.
(3) The website employs the latest in Secure Sockets Layer technology from the secure payment gateway to secure our payment systems.
(4) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or bank account is fraudulently used or is used in an unauthorised manner.
(5) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
9. Supply and Delivery
(1) Subject to your compliance with these Sales Terms and our acceptance of your Order, we will sell and supply the products and services to you as shown on your Order confirmation.
(2) Products and services may not be available for immediate delivery. We will endeavour to deliver your Order to the address you nominate in your Order within ten (10) days of the date you placed your Order.
(3) Delivery times may be greater than 10 business days for regional or remote areas.
10. Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) On receipt of your Order, your Order will be dispatched to you to your specified delivery address generally within 10 business days of the date you placed your Order.
(3) If you wish to change the delivery date or delivery address you must let the Customer Services Team know at least 48 hours prior to the dispatch of your Order.
(4) We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(5) We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
11. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery.
12. Damaged Products and Acceptable Quality
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
(a) legal rights and remedies under the New Zealand Consumer Guarantees Act 1993 (“CGA”); or
(b) the right to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please refer to our Returns Policy for more information on our policy regarding online orders when you have changed your mind or the product was not what you expected.
(3) If your Order arrives damaged or is not of acceptable quality, please contact the Customer Services Team on 0508 765 977 or email firstname.lastname@example.org within 24 hours.
13. Privacy and Personal Information
(2) We or our third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer Services Team. Personal information may include your name, residential or postal address, telephone number and email address.
(3) We and our related bodies corporate and our third parties may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that we and any of our third parties may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that we consider may be of interest to you. If you would prefer not to receive promotional or other material from us or our third parties, please let our Customer Services Team know. You also agree that we may contact you by telephone to arrange delivery or collection of your Order.
14. Disclaimer and Indemnity
(1) To the extent permitted by law, we and each of our related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; or
(g) the quality or fitness for any purpose of any product or of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, we and our third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, us and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Sales Terms.
(4) Nothing in these Sales 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 Sales 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 Sale Terms.
15. Force Majeure
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.
16. Transfer and Assignment
If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.