By using this website you signify your agreement with the terms and conditions of its use.
In these terms and conditions:
"Conch" means Conch Records.
"Customer" means any person, company or other entity who places an order for goods sold and/or supplied by Conch.
"Delivery" means physical delivery of any order to a customer to the delivery address nominated by the customer.
"Goods" means any products or goods sold or supplied by Conch.
"Order" means any order placed by a customer (whether via this website or by any other means) for any goods sold or supplied by Conch.
"Stock" means any goods legally owned and physically in the possession of Conch.
"Third party" means any person or entity other than Conch or the customer
"Website" means this internet website at www.conch.co.nz
Supply of Goods or Product
Conch will take all reasonable steps to supply orders placed and accepted on its website.
Order placement and acceptance do not constitute an obligation on Conch to supply. Conch reserves the right to cancel an order at any time without notice. If an order is cancelled pursuant to this clause and the customer has already paid the purchase price for that order, Conch will refund the purchase price paid by the customer.
If any goods ordered by the customer are out of stock, the customer will not be charged. If the customer has already been charged at the time of cancellation, Conch will refund the purchase price paid by the customer for the goods.
Conch reserves the right to add or remove goods advertised on the website from time to time.
All prices quoted include Goods and Services Tax.
Prices displayed on the website are subject to change without notice.
Prices for products ordered are fixed once the order has been accepted.
Delivery charges within North Island and South Island New Zealand will be calculated for each order and shown as a separate item before you chose to enter your payment details and send the order to be processed.
Conch will accept returns for the following reasons:
Goods damaged prior to delivery to the customer.
Goods with manufacturing faults.
Goods supplied incorrectly.
Goods that vary from their description on the website.
Conch will take all reasonable steps to repair or replace any damaged or faulty goods.
If it is not reasonable for Conch to repair or replace faulty or damaged goods Conch will give the customer a full refund of the purchase price paid by the customer for the goods.
If goods are supplied incorrectly or vary from the description on the website, Conch shall supply the customer with the correct goods. If this is not possible for any reason, Conch shall give the customer a full refund of the purchase price paid by the customer for the goods.
Conch respects the privacy of its customers. Any information obtained via the website is used exclusively for the purposes of processing orders, improving the website’s shopping experience and communicating with you about stock we think you may be interested in.
Conch will store any information that you provide securely and will not sell or release it to any other businesses or person.
The Conch website uses industry standard SSL (Secure Socket Layer) and encryption technology to provide secure transfer of sensitive information during the ordering process.
Exclusion of liability
Subject to clauses 3 to 6 and 11 to 14 above, Conch shall have no liability for any direct and/or consequential losses suffered by the customer caused by and/or arising from:
any order not being able to be fulfilled due to goods or product no longer being in stock;
any failure of the encryption technology used on this website;
any misuse, by any third party, of information transmitted to Conch by the customer via this website;
identity theft and fraud committed by a third party;
any changes in the pricing of goods;
any addition or removal of goods to, or from, the website
cancellation of any order;
any other cause whatsoever including (but not limited to) negligence and/or any breach of duty of care in tort and/or any breach of contract.
Any liability that Conch may have to the customer that is not otherwise excluded by these terms and conditions shall be limited to either $100, or the purchase price of the individual order, whichever is the lesser amount.
Any dispute arising out of any order, or any delivery of an order placed by a customer will be subject to New Zealand law and the New Zealand Courts shall have sole jurisdiction to determine any such dispute.