Terms & Conditions

About these Terms and Conditions:

In these Terms and Conditions "we", "us" and "Spurs” means CHS Investments Ltd and "you" means you the user of the Website.

'Order' means order submitted by you for products on the Website.

'Products' means the products available for sale on the Website.

Your access to and use of the Spurs Website is subject to these Terms and Conditions.

By accessing and using this Website, you accept and agree to these Terms and Conditions without any limitation or qualification.

These Terms and Conditions together with your Order, Order Confirmation and Order Dispatch constitute the entire Contract between Spurs and you for the supply of Products you have ordered. No other Terms and Conditions will apply.

The Contract cannot be varied unless we agree to vary it in writing or by email. 

Copyright/Trademark Information:

The entire Website, images, logos, trademarks, text, content, and unique method of showcasing Products (Materials) is either owned by Spurs or has been licensed to Spurs for use.

All trademarks appearing herein are acknowledged. You must not copy, reproduce, transmit, adapt, publish, frame, post, upload, modify, broadcast or distribute or use the Materials or the name of Spurs without Spurs specific, written prior permission. 

Use of the Website:

We will use all reasonable endeavours to ensure that the Website operates reliably and consistently but does not warrant that the use of the Website will be uninterrupted or error-free or that the Website or the server that makes it available is free of any virus or other harmful elements. 

Colours:

We have done our best to display as accurately as possible the colours of the Products shown on this Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. 

Correction of Errors and Inaccuracies; Limitations on Quantity:

Whilst Spurs makes every reasonable effort to present accurate information on this Website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase, please see our returns policy.

Other Sites:

The Website may contain links to other websites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Website and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email). 

Indemnification:

You must indemnify and hold Spurs and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties arising out of any of the following:

(a) any activity relating to your internet account, including negligent or wrongful conduct by you or anyone using the Website through your internet account

(b) your breach of any provision of these Terms and Conditions

(c) any other matter regarding this website and your use of it.

If you have to indemnify Spurs under this Section, Spurs will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from Spurs. 

Exclusion of warranties and liability:

To the extent permitted by law, and without limiting your rights under the Consumer Guarantees Act 1993, Spurs excludes all:



(b) liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the Website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

You agree that if the Products are acquired for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those Products. 

Legal Capacity to Transact:


By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Spurs. Should Spurs suffer any damage or other losses as a result of a transaction entered into by a minor, Spurs reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Spurs. 

Placing Your Order:

You may place an Order by adding items to ‘My Cart’ on the Website and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number by email.  

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. 

No information on the website constitutes or should be deemed as an offer by us to supply any products, however Spurs will make every effort to supply Products that you have ordered to you.  

We will notify you that your Order is being processed by sending you an Order confirmation via email (Order Confirmation), however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. 

Spurs and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered (Order Dispatch). If we cannot process or accept your Order after payment is received, we will contact you by email or telephone.

Once an order is processed, you may not cancel this order. 

Title and Risk:

Title and risk in the product(s) pass to you when they are delivered to the delivery address indicated on your Order. 

Payment Methods and Processing:


Transactions are processed via an industry standard secure https connection using IP Solutions International as a third party payment gateway. This means that you can be assured that your sensitive data such as credit card numbers will remain confidential because all information is 128bit encrypted. The server we connect to is authenticated through PKI certificates issued by a root Certificate Authority. Our payment page is also fully PCI DSS compliant please visit https://www.pcisecuritystandards.org/tech/ for more information. 

GST:

All Spurs purchases include GST unless otherwise stated on the Product listing.

All Spurs purchases are in New Zealand Dollars. 

Spurs Vouchers:


Each 'Spurs Voucher' is personal to the user receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each 'Spurs Voucher' has an expiry date which cannot be modified.

The use of a 'Spurs Voucher' requires the total value of the order (excluding delivery costs) to be higher than the monetary value of the discount given by the 'Spurs Voucher'.

Some discount 'Spurs Voucher's' may specify a minimum spend to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.

Under no circumstances can the value of a discount 'Spurs Voucher' be deducted from an order if that 'Spurs Voucher' is defective or out of date: no replacement 'Spurs Voucher's will be issued.

When an order is placed using a discount 'Spurs Voucher' and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.

We reserve the right to modify or amend at any time these guidelines and the methods through which benefits are earned. We reserve the right to disqualify you at any time from participation and remove any existing Spur Vouchers from your account. 

Spurs Gift Vouchers:

All prices are listed in NZD Gift Certificates are valid for six (6) months from date of purchase.

The Gift certificate may be exchanged for products of an equal or higher value, if the purchase exceeds the value of the Gift Voucher the difference can be made up using another approved method of payment.

Refunds will not be given for any unused balance at the time of purchase or the time of expiry.

Gift certificate cannot be exchanged for cash and is non-returnable.

Spurs reserves the right to change the Terms & Conditions. If you order a product or service as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase.

If you choose to use the gift message service, you acknowledge and agree that:

(a) The gift message you instruct us to send on your behalf to a third party will not contain anything which may cause embarrassment or distress to any person, or which is otherwise unlawful or objectionable

(b) You will not impersonate any person, including but not limited to any of our employees or customers.

(c) You are entirely responsible for the text and other content of your gift message and Spurs accepts no liability for any such content.

(d) We do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift messages; and

We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.  

Your Data - Use and Protection:

Any personal information you provide us will be held in accordance with our privacy policy. 

Miscellaneous:

You shall not assign or transfer any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Spurs. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Spurs reserves the right to change the Terms and Conditions at any time. 

No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. 

You and Spurs are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. Spurs shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Spurs, and Spurs shall be entitled to a reasonable extension of time for the performance of such obligations. 

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.