Sony New Zealand Limited ("Sony")
Terms and Conditions of Sale and Service for the Sony Web Site ("the Terms")

IMPORTANT! PLEASE READ THE TERMS CAREFULLY. THE TERMS SETS OUT THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SONY STYLE WEB SITE - www.sony.co.nz - ("SITE") AND YOUR ORDER OF GOODS AND SERVICES THROUGH THIS SITE. ALL ORDERS ARE RESTRICTED TO PURCHASES IN NEW ZEALAND AND TO PERSONS 18 YEARS AND OVER. BY CLICKING THE "I ACCEPT" BUTTON AT THE END OF THE TERMS AND BY PLACING AN ORDER FOR GOODS AND SERVICES THROUGH THIS WEB SITE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS.

Contract

  1. The Terms between Sony and the Buyer ("Buyer") constitute the contract between Sony and the Buyer for the sale and purchase of the goods and/or services specified in Sony's invoices to the Buyer in New Zealand, which Sony may issue from time to time pursuant to this contract. The Terms are also binding on all users of the Site, including but not limited to Members (as defined below). Use of this Site shall be deemed to be acceptance to the Terms.
  2. Sony may modify the Terms in whole or part from time to time without prior notice to you, and if it does, the modified Terms will govern your access to this Site and use of this Site from the date of modification. You should periodically visit this page by clicking the Terms and Conditions link at the bottom of each page of the Site to familiarise yourself with any changes.
  3. Any quotation, price list or other information on this Site supplied by or on behalf of Sony is not an offer which the Buyer can accept. All orders placed by the Buyer shall incorporate the Terms and shall constitute an offer which Sony may in its discretion accept. Any acceptance by Sony shall be conditional upon receipt of payment of the Contract Price pursuant to clause 7 of the Terms. Any part of any order inconsistent with the Terms, shall be void unless it is expressly accepted by Sony in writing.
  4. All goods and/or services supplied from time to time by Sony to the Buyer shall be supplied under this contract which shall be continuous in nature. Delivery of goods by instalment or separately shall be deemed to be delivery under this contract and not under separate contracts.
  5. To the extent permissible by law, apart from the Terms, and any warranty contained in a Sony consumer product warranty card ("Warranty") provided either directly by Sony to the Buyer purchasing as a consumer (within the meaning of the Consumer Guarantees Act 1993) or in accordance with clause 16, all other conditions, warranties, descriptions, representations, and conditions as to fitness or suitability for purpose, tolerance of any conditions, merchantability or otherwise (whether of a like nature or not) and whether express or implied by law, trade custom or otherwise are expressly excluded.

Price and Payment

  1. The "Contract Price" means the aggregate of the price for the goods and/or services at the date of invoice together with the cost of freight to the Buyer's premises and any applicable sales, value added, excise, goods and service tax (and any other tax) in relation to the supply of the goods and/or services and all other charges on their supply and delivery.
  2. Payment of the Contract Price will be made by credit card, unless another prearranged payment method is expressly accepted by Sony in writing. Payment of the Contract Price must be received by Sony before the goods and/or services are delivered or supplied to the Buyer.
  3. All prices listed on this Site are in New Zealand dollars and are GST inclusive, unless otherwise stated. There are no additional packaging, postage or freight charges for any products purchased on this Site, unless otherwise stated.
  4. In the event a product is listed at an incorrect price due to a typographical error or error in pricing information, Sony shall have the right to refuse or cancel any undelivered orders placed for products listed at the incorrect price. Sony shall have the right to refuse or cancel any such orders at any time prior to delivery, regardless of whether or not the order has been confirmed or payment has been received. If payment has been received, Sony will refund the payment.

Delivery

  1. Delivery shall be made at the place agreed between the parties, or at Sony's premises, if no place is agreed. If delivery is made elsewhere other than at Sony's premises, Sony has the right to select the method of delivery and the carrier. Delivery may be made by instalments, at the sole option of Sony.
  2. Delivery can only be within New Zealand and to a physical address. Sony is unable to deliver to a PO Box address, as signature on delivery is required.
  3. Please allow up to 2 business days for delivery of your items. Large items such as TVs or HiFi Systems will be attempted once prior phone contact is made to arrange a suitable delivery time.
  4. Rural deliveries are dependent on the local courier’s schedule.
  5. Courier deliveries, where no one is at the address to receive, a ‘card to call’ will be left at the delivery address. This card details when the delivery was attempted and the courier ticket number. If the second delivery is unsuccessful, the Buyer will then need to arrange pick up of the item from the nearest Courier Post depot.
  6. Delivery charges (where applicable) are based on the weight and size measurements of the product purchased. Delivery charges are calculated and shown as a separate item before payment details are requested.

Title/Risk

  1. From the time of delivery of the goods (or, if delivery is in instalments, the relevant part of the goods), title to the goods shall pass to the Buyer and the Buyer shall bear the risk of any loss, damage or deterioration of or to the goods from such time.

Returned Goods

  1. To the extent permissible by law, and where not inconsistent with any Warranty provided to the Buyer in accordance with clause 4 or clause 16, Sony shall not accept goods for credit or refund unless:
    1. they have been damaged during delivery ("DIT goods") or are not in full working order ("DOA goods") or have been double-delivered or mistakenly supplied; and
    2. the returned goods are delivered to Sony Service Centre and,
    3. in the case of DIT and DOA goods Sony receives the goods correctly packed in their original carton within 14 days of receipt by the Buyer, and all accessories, instruction manuals and packaging are returned to Sony intact; and
    4. in the case of goods returned because of double-delivery or mistaken delivery:
    1. Sony receives the goods within 14 days of receipt by the Buyer; and
    2. Sony receives the carton unopened and in good condition with no rips, tears or writing; and
    3. a written note accompanies the goods stating the invoice number(s) the goods were supplied with (both invoice numbers in the case of double-delivery) the Buyer's name and telephone number, and the reason for the goods return.
    Provided that if any goods referred to in this clause are not returned to Sony within the time specified in clause 12(c) or 12(d) (where relevant), the Buyer shall be solely responsible for any claims arising from any damage or alleged damage to the goods no matter how caused.

Delay

  1. Any time for delivery of goods quoted by Sony shall be approximate only and Sony shall not be liable to the Buyer for failure to supply or deliver any goods and/or services at such time on any grounds whatsoever, including negligence by Sony.

Liability

  1. To the extent permissible by law, Sony shall not be liable for any loss of profits or any consequential, indirect or special loss or damage, or injury of any kind whatsoever whether suffered by the Buyer; and/or the Buyer's servants, agents, contractors, purchasers, visitors, tenants, or any other persons (whether similar to the above or not), and whether arising directly or indirectly from any:
    1. defect or non-compliance of goods supplied and/or services performed; or
    2. breach of any of Sony's obligations under or in connection with this contract; or
    3. cancellation or termination of this contract; or
    4. negligence, misrepresentation or other act or omission on the part of Sony, its servants, agents or contractors; or
    5. other cause;
    and the Buyer shall indemnify Sony against any claim by any of the persons above or their representatives against any loss, damage or injury for which Sony's liability is excluded by this clause.
  2. Notwithstanding anything in clause 14 or elsewhere in the Terms, to the extent permissible by law, Sony's liability, whether; in contract; pursuant to cancellation of this contract; in tort; or in any other way, concerning all claims for loss, damage or injury which arise directly or indirectly from any of the events set out in clause 14, shall not in aggregate exceed the Contract Price for the goods and/or services concerning which the loss, damage or injury arose.

Warranty

  1. If the Buyer purchases goods under the Terms from the Consumer Products Division of Sony Style Online for the purpose of on-sale to consumers (within the meaning of the Consumer Guarantees Act 1993), the Buyer shall upon such on-sale, complete and issue to the consumer a Warranty in respect of those goods in such form as Sony may provide the Buyer, provided that such goods are not damaged, defective or shop-soiled at the time of on-sale to the consumer.
  2. The Buyer is not authorised to complete and/or issue a Warranty to any person except in accordance with clause 16.

Parallel Import Warning

  1. Sony New Zealand Limited is the authorised distributor of Sony branded computer, consumer electronic & media products in New Zealand. Recently we have observed other suppliers offering imported Sony products from overseas and selling through retail outlets, other dealerships as well as online via the Internet, etc., to New Zealand consumers. Also, from time to time we have become aware of a growing number of "copy" or "fake" Sony products being brought into New Zealand and being sold the same way as above. Consumers should exercise care when acquiring these products. In particular, consumers should be aware that Sony New Zealand Limited will only honour consumer product warranty cards that have been issued by Sony New Zealand Limited or Sony Australia Limited or their authorised agents.

Consumer Guarantees Act 1993

  1. Nothing in the Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by the Act, and the Terms are to be modified to the extent necessary to give effect to that intention. Where the Buyer supplies goods in trade purchased under the Terms to a person acquiring them for business purposes, it must be a term of the Buyer's contract with that purchaser that the Consumer Guarantees Act 1993 does not apply in respect of the goods. The Buyer agrees to indemnify Sony against any liability or cost incurred by Sony under the Consumer Guarantees Act 1993 as a result of any breach by the Buyer of the obligations contained in the Terms.
  2. Where the Consumer Guarantees Act 1993 ("Act") applies to the Terms:
    1. if the goods or services are acquired for business purposes, the Buyer agrees that the Act does not apply; and
    2. if the goods or services are not acquired for business purposes, to the fullest extent permitted by law, Sony's liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Sony, to:
    1. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
    2. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Registration

  1. There are two methods to purchase on this site. The first method is as a ‘registered member’ of Sony Style Online. Registered customers may make any number of purchases via a single and secure access point (normally enabled by a registration ID and password). The second purchasing method is for ‘non members’. A non-member may make a one-time-only purchase which does not require registration. Their purchase will be regarded as a stand-alone activity.
  2. Some features on the Site are only accessible for registered members. You can register as a Member by following the instructions on the Site. You will be authorised to be a Member of Sony Style Online only if Sony advises you that your application for registration as a Member has been approved. You will be required to accept these Terms in order to become a Member.
  3. To be eligible for membership of Sony Style Online you must be: (a) At least 13 years of age (and at least 18 years of age to purchase goods or services); and (d) A legal resident of New Zealand.
  4. You are only entitled to open one Sony Style Online Member account (even if you have multiple email addresses).
  5. There is no charge for membership of Sony Style Online (unless otherwise specified upon registration).
  6. Your Sony Style Online account and any other related membership benefits are not transferable and may not be combined or merged with other Member accounts.
  7. Sony reserves the right to refuse your application for registration or terminate your registration at its sole discretion, including but not limited to if it has been inactive for an extended period of time, as determined by Sony.

Your Sony Style Online account

  1. When you register as a Member you must choose a password. Your password must be used, together with your email address (each a "Unique Identifier"), each time you access your Sony Style Online account. Sony may reject any Unique Identifier that you choose, in Sony's sole discretion. You are responsible for keeping your Unique Identifiers confidential. You must immediately notify Sony if you become aware of any unauthorised use of your Unique Identifiers or any other breach of security related to your Sony Style Online account.
  2. You are solely responsible for all activities that occur under your Sony Style Online account including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your Unique Identifiers. Sony is entitled to act on instructions received under your Unique Identifiers. Sony cannot and will not be liable for any changes made to your Sony Style Online account by another person using your Unique Identifiers, or for any loss or damage arising from your failure to adequately protect your Unique Identifiers. For security purposes, you should memorise (and not write down) your Unique Identifiers, and close the browser window at the end of each session.

Information that you provide to Sony

  1. To enable Sony to provide you with products and/or services and to enable you to participate in Sony promotional offers and other marketing activity, Sony may collect and ask you to provide personal information such as your name, address and telephone number and information about your use of this Site ("Your Information")
  2. Sony may collect information relating to your access to, and use of, this Site using cookies. A cookie is a small data file that the Site may write to your computer's hard drive to tailor and keep records of your visit to the Site and to authenticate that you are permitted to use the Site. You can disable cookies by turning them off in your browser, however, you may not be able to access some areas of the Site and/or some areas of the Site may not function properly if you do so.
  3. Sony's use of Your Information and your rights to access and correct Your Information are set out in the Sony Style Privacy Policy which you can access by clicking the Privacy link at the bottom of each page of the Site. By accessing the Site and providing Your Information to Sony, you consent and agree to this policy.
  4. All information that you provide to Sony must be true, accurate, current, and complete at all times. You must maintain and promptly update this information at the "My Details" section of the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or otherwise fail to update Your Information, Sony may suspend or terminate your membership of (and right to use) the Site immediately.
  5. Although Sony may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Sony is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, misleading, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. Sony will fully co-operate with any law enforcement authorities or court order requesting or directing Sony to disclose the identity of anyone posting such materials.
  6. In the event that you contribute any materials, including information or statements ("Your Materials") to the Site, you warrant that Your Materials are true and correct to the best of your knowledge and do not infringe the legal rights of any third parties. You agree to indemnify and hold Sony harmless from any claims arising from or in connection with Your Materials.

Exclusion of Liability

  1. Your use of Sony Style Online is at your own risk. Unless otherwise stated in these Terms, the materials, products and information in, or available through, Sony Style Online ("Materials") are provided "as is" and "as available" and without warranties of any kind, either express or implied. To the fullest extent permissible by law, Sony disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Sony will not be responsible or liable for your reliance on the Materials, or for any damage or loss caused by the accuracy, completeness or timeliness of the Materials.
  2. Features and specifications of products described or depicted on the Site are subject to change at any time without notice. Non-metric weights and measures are approximate. All monitor screens are measured diagonally; all monitor screen images contained in this database are simulated pictures unless otherwise indicated.
  3. Sony does not warrant that the functions contained in the Materials will be uninterrupted or error-free, that defects will be corrected, or that its servers or this Site are secure from hacking or any form of unauthorised access or free from viruses, applets, Trojan horses or codes that may be harmful to your computer. Sony is not responsible or liable for any damage to, or viruses that may infect, your computer or other property on account of your use of Sony Style Online or your downloading of any materials, data, text, images, video, or audio from this Site.
  4. Sony will not under any circumstances (including, without limitation, negligence) be liable for any loss of data, revenue, profits or lost business or any direct, incidental, special, consequential, indirect or punitive damages that result from:
    • Your use of or inability to use Sony Style Online;
    • The cost of procurement of substitute goods or services;
    • Any transaction entered into or through Sony Style Online;
    • Your reliance on or use of any information, goods or services provided on Sony Style Online;
    • Unauthorised access to or alteration of any communications, registration data or any other data that you provide to us from time to time;
    • The conduct of any third party;
    • Errors, omissions or other inaccuracies in Sony Style Online and/or the Materials; or
    • Your use of, or inability to use, the Materials or the materials, products or information in any websites linked to this Site, even if Sony has been advised of the possibility of such damages.

Waiver

  1. All the original rights, powers, exemptions and remedies of Sony shall remain in full force and effect notwithstanding any neglect, forbearance or delay in their enforcement. Sony shall not be deemed to have waived any of the Terms unless such waiver shall be in writing. Any such waiver, unless Sony expressly states the contrary, shall apply to and operate only in the particular transaction, dealing or matter.

Acknowledgment

  1. The Buyer confirms that he or she is 18 years or over and has the full legal capacity to agree to and enter the Terms as a binding contract.

Indemnity

  1. You will indemnify Sony and keep Sony indemnified against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses suffered or incurred by Sony as a result of or in connection with any:
    • Negligent act or omission;
    • Use or misuse of Sony Style Online;
    • Violation of the rights of another Member; or
    • Breach of these Terms, by you or anyone using your Unique Identifiers.

Additional terms

  1. Ownership and/or operation of Sony Style Online may from time to time be transferred or vested in an entity related to Sony or a third party.
  2. Sony may place restrictions on the use of goods and services offered through Sony Style Online. In the event of any conflict between those additional restrictions and these Terms, these Terms will prevail to the extent required to resolve that inconsistency.
  3. Reference in these Terms to "Sony" includes any related company (within the meaning of the Companies Act 1993) of Sony or Sony Corporation and its permitted successors and assigns.
  4. You agree that Sony can send you any notice in relation to these Terms to the email address provided by you when you registered to use Sony Style Online (as amended by you from time to time).

Intellectual Property

  1. You undertake not to infringe any copyright, trade mark or other intellectual property rights belonging to Sony, its affiliates and its third party content suppliers, and to otherwise comply with any copyright and other proprietary notices contained on this Site.

Termination

  1. You may terminate these Terms and your Sony Style Online registration at any time, without cause and with immediate effect, by sending your name to sonystyle@sony.co.nz. Sony may terminate these Terms and your Sony Style Online registration at any time, without cause and with immediate effect, by sending an email to the email address supplied by you when registering to use Sony Style Online. In the event of termination you will immediately cease to use Sony Style Online. The provisions of these Terms regarding intellectual property rights, confidentiality, warranty disclaimers, liability limitations and indemnification shall survive any such termination.

New Zealand Law

  1. This agreement shall be deemed to have been made in New Zealand and the Terms shall be governed by and construed in accordance with the law of New Zealand and the parties unconditionally and irrevocably submit to the exclusive jurisdiction of the New Zealand courts. If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be severable and shall not affect the validity and enforceability of the remaining provisions.