Terms and Conditions
The Goldmark NZ website is owned and administered by The James Pascoe Group of Companies.
We have provided this website for your use, subject to the terms and conditions listed below. Please read these carefully. By using our website, you agree to be bound by these terms and conditions.
We reserve the right to amend these terms and conditions at any time, we therefore recommend that you review these terms and conditions each time you visit the website.
These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If at any time we do not enforce any of these terms and conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.
Users outside New Zealand:
Our website is operated by us from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
The design and content contained within our website is intellectual property which is either owned or licenced by Goldmark. The website is intended solely for your personal non-commercial use. Any use of our website and its content for purposes other than personal non-commercial use is prohibited without our prior written permission.
You may not systematically extract and/or utilise parts of the content of our website and in particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (either once or many times) without our prior written permission. You may not create and/or publish your own database that features content on this website (e.g. our prices and product listings) without our prior written permission.
Each of the various trademarks, product names, company names and corporate identities represented on our website are the property of the individual companies, used by us with their permission, and are not to be reproduced or used without the express permission of its owner.
When you place an order on our website, you are making an offer to buy the goods and/or services. When you place an order you will be required to provide details to enable us to fulfil and delivery the order to you.
We have made every effort to display the products featured as accurately as possible. The equipment you use to view our website may impact on the display of our products. We do not guarantee that the colour, texture or detail of the product shown on your screen will accurately reflect the actual product.
Measurements provided on our website site are approximate only.
The website is provided for our customers to buy, or find out more about our products and services. Products displayed may not be available in all physical stores or available to purchase through our website.
Some products may only be purchased from our website and may not be available in any of our physical stores.
We reserve the right to limit quantities or limit the number of products customers can purchase in a single transaction.
Pricing & Promotions
Prices are displayed in New Zealand dollars, inclusive of goods and services tax (GST). We have made every effort to provide accurate pricing information on our website. In the event of a pricing error on our website, the inaccurate price will not be honoured at our physical stores and we reserve the right to cancel any orders placed on our online store.
Goldmark reserve the right to change any aspect of our product
information at any time without notice.
Promotions: Promotions are available only while stocks last. Discounts are off the regular retail price and not available in conjunction with any other offer. These may replace other offers. Accessories used in photographs are not included in the price and colours may differ slightly from online images. Promotions exclude gift cards and clearance items. Some items may not be held in store at Goldmark and may require a waiting period for delivery. Not all products shown in promotional catalogues may be purchased online or in store.
Free Delivery: Free Delivery is available on purchase over $80.
Clearance: Clearance offers are available only while stocks last.
Stock is strictly limited. Pricing reflects the clearance price (prices
as marked), no other discount applies. Clearance offers are excluded from any
Products displayed on our website are subject to availability in our physical and online store. We have made every effort to provide accurate stock availability information on our website, however, we do not guarantee that if a product is classified as being “in stock” that stock will be available to purchase at our physical stores or online.
Please read our returns policy and understand our returns process.
Goldmark are committed to providing you with a safe and secure shopping experience.
All payments completed via our website are encrypted to protect our customers.
We have made every reasonable effort to ensure the accuracy of information provided on our website, however, errors and omissions may occur. Goldmark 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 and any other website linked to this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
Goldmark makes no representations or warranties of any kind, express or implied as to the operation of this site or the accuracy of information, content, materials or products included on this site, except as otherwise provided under applicable New Zealand law.
Goldmark reserve the right to change any aspect of the website at any time without notice.
Goldmark does not guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Goldmark entirely of all responsibility for any consequences of its use.
Third Party Websites
For your convenience we have provided links to third party websites. Goldmark are not responsible for the condition or content of those sites. Goldmark makes no representation or warranties of any kind as to the operation (including privacy and security) or accuracy of information or content on third party websites.
You access those websites and/or use the site's products and services solely at your own risk. Goldmark are not liable for any loss or damage arising from your use of these websites.
Terms of Sale
In addition to the above General Website Terms and Conditions, the following terms and conditions of sale apply to all purchases by you through our website. By completing a purchase order you are stating that you agree to be bound by all of these terms and conditions.
Acceptance of Orders: Dispatch of orders is subject to stock availability and you will be advised if a product is unavailable. To the maximum extent permitted by law, we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order.
Prices: We will charge you the retail price shown on the website at the time you submit your order. You may also be charged additional delivery fees.
Payment: You may pay online by MasterCard, Visa, Oxipay and by Goldmark Gift Cards.
Goldmark Gift Card Terms and Conditions
This Gift Card is issued by the Goldmark. This Gift Card can be used for the purchase of goods at any Goldmark store, including online.
It may not be returned, redeemed for cash. Any unused value on the Gift Card expires 2 years after date of issue. To use, simply present the Gift Card for full or part payment of goods at the time of purchase. The amount of any purchase will be deducted from the Gift Card.
We currently only supply to New Zealand addresses. Please ensure the delivery address and receiver’s name for your order is accurate and complete (including any business name if shipping to a work address) as we may be unable to change these details once the order has been placed. We will not take responsibility for any orders that go missing due to incorrect delivery information provided by you. We will endeavour to deliver goods on the agreed delivery dates but, to the maximum extent permitted by law we will not be held liable for late delivery.
Delivery to rural addresses may take longer in some areas. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you, or, if you are to arrange delivery, when the goods are available for collection by you.
Any return of goods is subject to our Returns Policy.
Once your order is confirmed we are unable to change or cancel any aspects of your order. Please carefully check your order details before completing payment of the order. In order to protect our customers and services, we reserve the right to cancel orders or request other methods of payment for orders received.
Consumer Guarantees Act
Nothing in these Terms and Conditions will limit or affect your rights as a consumer under the Consumer Guarantees Act 1993 to the extent that such limitation or other contracting out is prohibited by that Act.
Limitation of Liability
To the maximum extent permitted by law:
- we exclude all warranties, descriptions, representations or conditions
in relation to the goods and/or services provided by us implied by law, trade,
custom or otherwise;
- where goods are advertised with reference to photograph(s) we will endeavour to deliver the corresponding goods, however we do not warrant that the goods we deliver to you will be identical to those displayed in the photograph(s);
- our liability for any claim, damages, loss or expense related to the supply by use of goods or services is limited to the cost paid by you for such good or services;
- we will not be liable, whether in contract, tort (including negligence) or otherwise for any indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity.
We reserve the right to remove, suspend or make changes to our website at any time, without prior notice.
We reserve the right to change these terms and conditions without notice. By using this site, you agree to be bound by the terms and conditions and it is your responsibility that you check to ensure you are aware of the current terms and conditions.