Terms and Conditions of Sale
By purchasing products from Fishpond Limited ("Fishpond", "we", "us", "our") or using this website, the purchaser (the "Customer", "you", "your"), agrees to the following terms and conditions of sale (the "Terms").
- Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.
- Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that the Consumer Guarantees Act or equivalent consumer protection legislation does not apply.
- Software Warranty: All software or other electronic or digital products (including DVDs) sold by Fishpond is subject to the terms and conditions of the license agreements that apply to those products. The Customer acknowledges their obligations to abide by such license agreements. Subject to any applicable law that cannot be excluded, the Customer acknowledges that Fishpond does not warrant any software or other electronic or digital products under these Terms and Conditions. All software and other electronic or digital products are warranted in accordance with the license agreement that governs its use.
- Limitation of Liability: The Customer shall indemnify Fishpond against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the customer. Fishpond shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Fishpond, even if Fishpond has been advised of their possibility. In no case shall Fishpond's maximum liability exceed the cost of the relevant original order.
- Refunds: Most items can be returned within 30 days of the item being shipped, provided it is in new, resalable condition. Items can be returned after the 30 day period in compliance with the relevant consumer legislation if the item is faulty or damaged. Fishpond will comply with its obligations under the Consumer Guarantees Act or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.
- Addressing: If a product is found to be mis-addressed by Fishpond then Fishpond shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Fishpond will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.
- Incorrect Bank Account Number: Fishpond gives the customer the choice to pay for products through bank transfer. If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by Fishpond, then Fishpond will not accept any responsibility for correcting payment and goods will not be dispatched by Fishpond until Fishpond has received payment in full.
- Prices, Payment and Title: Fishpond's available payment methods will be presented at the time of purchase. Fishpond retains title in the products purchased until Fishpond receives payment in full.
- Pricing errors: Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.
- Security: Fishpond uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Fishpond will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
- Special Offers: Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise.
- Mailing Cash: Fishpond does not recommend that cash be mailed for payment of products. If the Customer does mail cash, Fishpond accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.
- Cancelling Orders: Fishpond reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where Fishpond believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).
- GST: For New Zealand delivery addresses, all prices are New Zealand GST inclusive unless otherwise stated. If your order ships to a delivery address outside New Zealand, no New Zealand GST will be charged.
- Customs & Duties: For any orders shipped outside of New Zealand the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Fishpond's control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.
- Site Access: Fishpond hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Fishpond, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
- Copyright & Trademarks: You agree that the content you access, view or download on this site and the software used to create it, remains the property of Fishpond Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
- Stock Availability: In order to provide the greatest range of products, you understand that Fishpond does not stock all products listed on this site in a single warehouse. All items sold via the Fishpond website are subject to availability and Fishpond reserves the right not to accept or cancel any order for products that are out of stock. Product availability information is provided by a number of third party suppliers. Fishpond works with these third-parties to ensure this information is as accurate as possible however some errors and omissions are expected. Goods delivered may differ to the product images presented on this site.
- Cash Rewards: Cash Rewards can only be used as discounts on future orders and cannot be converted into a cash payment from Fishpond to the Customer or be used to purchase gift vouchers.
- Gift Voucher and Fishpond Credit Expiry: Gift vouchers and Fishpond Credits are valid for one year from the time they are issued, after which the voucher and credit will expire. Any credit remaining after the expiry of the gift voucher or Fishpond Credit is non-refundable.
- Delivery Estimates: Fishpond makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Fishpond liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
- Notice of Copyright Infringement: Fishpond respects the copyrights of others. If you feel that data is used in Fishpond’s product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please write to us at:
PO Box 97736
2241 New Zealand
Please include the following details:
- Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
- A statement that the complaining party believes that infringement of the complaining party\'s copyright has occurred and the reasons for such belief;
- A statement that you are the copyright holder or authorised to act on their behalf; and
- Contact details including an email address where the complaining party may be contacted.
- Linked Sites: This site may contain links to other websites operated by third parties. Fishpond is not liable for those sites or any content or information such sites contain.
- SmartSell and Sell Yours: All listings by third party sellers as SmartSell or Sell Yours products must comply with New Zealand law, including all regulations and product safety notices. All listings must be for items that exist and that the seller is entitled to sell, and must accurately describe the condition of the product and include all relevant information. Fishpond reserves the right to take appropriate action against any seller who breaches our terms and conditions or any information contained in our FAQs, including, without limitation, suspending accounts, removing listings and withholding disputed payments. Sell Yours sellers agree that their email address will be provided to the buyer when their auction closes and they will promptly send the item to the buyer.
Fishpond does not act as agent for either party for Sell Yours transactions.
Sell Yours sellers indemnify Fishpond for any liability to third parties resulting from any sale by them using the Fishpond websites, against any claim made by a third party.
Sell through rates will be monitored and if deemed not to be at an acceptable sell through rate and after having listed the products for at least three months, Fishpond will at its discretion donate the products to charity, dispose of the products or return the products to the seller at the sellers expense.
Further information and conditions regarding Smartsell and Sell Yours can be found in our FAQs. All buyers and sellers should read this information prior to conducting a transaction.
- Fishpond Premium: Fishpond Premium is a subscription service where subscribers can opt-in to pay the service fee and in exchange Fishpond waives delivery fees for 12 months after. Subscriptions recur annually until cancelled. Any subscription fee increases will be notified to customers within 30 days before renewal occurs to allow for cancellation decisions to be made if desired.
Reasonable use criteria apply to the number of orders that can be placed annually and receive free shipping. We may cancel any customer's Premium subscription at our discretion.
Fishpond Premium can be cancelled within 30 days of the subscription starting and a refund of the subscription fee less deductions for shipping fees that were provided free of charge, up to the value of the annual subscription will be issued. If all orders placed after subscribing are cancelled and no restocking fees apply then no deductions will be applied.
Cancellation requests made after 30 days of the subscription start date are not eligible for a refund. Cancellations after this initial period means your Fishpond Premium memberships will not automatically renew at the expiry date. Subscription benefits will continue to apply to any orders made before your subscription ends.
Further information and conditions regarding Fishpond Premium can be found in our FAQs.
Fishpond would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.
The information on this website is provided "as is" and for general information only. Fishpond has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and fishpond does not guarantee that the website will always operate or be error-free.
Accordingly, to the maximum extent permitted by law, Fishpond does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.