1 TERMS AND CONDITIONS

(a) Acceptance of Terms and Conditions: By purchasing products over the Website you accept, and agree to be bound by, these terms and conditions.

(b) Amendment of Terms and Conditions: We may at any time with or without notice to you alter or amend these terms and conditions. These changes will be effective at the time they are posted on this page. You accept that continued use of the website after those amendments or alterations is acceptance by you of these terms and deemed to be your agreement to be bound by them.

(c) To use the website to purchase Products you must be:
(i). 18 years or over; and
(ii). a New Zealand resident and located in New Zealand.

(d) When you use the Website to purchase any Products you will agree and warrant that:
(i). You will not use any false identities or personas and must provide us with your full details.
(ii). All information provided by you will be true and correct in all respects at the time it is provided.


2 POLICIES ABOUT THE WEBSITE


(a) We may from time to time implement (and alter) policies about the use of the Website which are separate from these terms and conditions. They have general application to all users of the Website. You must comply with all such policies as and when they are posted on the Website.


3 BUYING PRODUCTS


(a) The contract: A binding contract is created between you and us when you place an order for an item (via the Website order mechanism) and we accept that order (again via the Website mechanism).

(b)Payment: Payment and delivery are consequences of the contract.

(c) Specific Buyer Obligations: The following specific requirements apply:
(i) Be careful before you place an order. Orders for items are irrevocable (that is you can't back out of them). By placing an order, you warrant and represent that you have the legal right and capacity to enter into the sale transaction.
(ii) You must complete the purchase of an item on notification of acceptance of your order. This includes paying for the item and any freight in full.
(iii) If you default in completing any sale transaction (including failing to make payment of any part of the purchase price for any Products) you will have legal liability to us. We may also suspend, restrict or ban your use of the Website.

(d) Payment mechanism:
(i) Payment is through the credit card payment mechanism provided by www.paymentexpress.co.nz . No other forms of payment are permitted.
(ii) Your credit card details will be captured at the time you place an order for an item so that if your order is accepted by us, payment will be processed automatically. Your credit card details will be kept secure. Further details can be found at
http://www.paymentexpress.com/about/about_paymentexpress/privacy_policy.html
(iii) If your order is accepted, you will be notified on the final page of your order. Please note your reference number for future enquiries.


(e) All risk of loss of, or damage to, the products passes to you on delivery of the products to you.


(f) We will only deliver products to a New Zealand street delivery address.


(g) Every delivery will require a signature upon receipt.


(h) Apart from crediting you the purchase price paid for any product we have been unable to supply, we have no liability to you for any loss or damage (either direct, indirect or consequential, including any loss of profit) suffered by you or any other person as a result of us providing this on-line ordering service or any failure or delay in providing the products ordered.


(i) To use this website you must be the authorised holder of a Visa or Mastercard credit card that has been issued by a New Zealand credit card issuer.


(j) All prices are stated in New Zealand dollars and include GST unless specifically stated otherwise.


(k) We reserve the right to limit quantities. Trade will not be supplied.


4 PRODUCT SUPPORT


(a) Complaints: Complaints or claims for refund concerning items purchased over the Website in relation to a sale transaction must be addressed to us promptly. Our contact details are:

Universal Music New Zealand Limited
Site 3,
Stables Building,
30 St Benedicts St,
Newton
Auckland, 1010
New Zealand

TEL 09 3757575


5 LIABILITY


(a) Waiver: In using the Website, you irrevocably waive all of your rights and claims against us, our employees and agents of whatever nature and howsoever arising to the fullest extent possible at law.


(b) Indemnity: You irrevocably agree to indemnify, and keep indemnified, us promptly and fully from and against any and all actions, proceedings, claims, demands, requisitions, orders, expenses, costs including those of our solicitors, losses, damages, liabilities or obligations for which we may become liable or which we may incur or suffer of any nature whatsoever arising out of or in connection with your use of the Website or enforcing or attempting to enforce our rights and remedies against you including (without limitation) our solicitors' costs on a solicitor/client basis.


(c) Use of Website at your own risk: transactions and all other contracts and activities between you and us (and vice versa) are conducted entirely at your own risk.


(d) Site Accessibility and System Integrity:
(i) We will use all reasonable efforts to make available the Website to you and to prevent the corruption or loss of data held by us and the transmission of viruses. However, we take no responsibility for and have no liability for any unavailability of the Website, corruption or loss of data or transmission of viruses or losses relating to these events. In particular, we take no responsibility or liability for any events which are outside our reasonable control including communications and hardware failures relating to the Website.
(ii) The Website is controlled and operated from within New Zealand. We make no representation or warranty that the Website or its content is appropriate, available or lawful for use in other countries. If you access the Website from outside New Zealand, you are responsible for ensuring your own compliance with all laws.

6 CONSUMER GUARANTEES ACT

(a) If you are using the Website for business purposes, you agree, for the purposes of the Consumer Guarantees Act 1993 ("Act"), that you are doing so and that that Act will not apply to you.


(b) Subject to the preceding paragraph, nothing in these terms and conditions limits or affects any rights you may have under the Act in respect of use of Website and your dealings with us


(c) We will meet our obligations as set out in the Fair Trading Act 1986 and the Consumer Guarantees Act 1993


7 DEFINITIONS


(a) "items" means products listed and advertised for sale on the Website by us.


(b) "We", "us", "our" means Universal Music New Zealand and our distribution partner Sony DADC New Zealand.


(c) "You", "your" means any person who uses the Website to search for and/or purchase items from us.