If the purchase item is fualty, in addition to your rights as a consumer under the Consumer Guarantees Act and other applicable New Zealand consumer protection laws and regulations, you may be eligible to return the item for a refund under Refund Policy. The return items must match below requirements to be eligible for refund. Items must be returned within 14 days of purchase with the original receipt. The returned items must be unworn, unwashed, or otherwise unused with original tags/labels attached. Please choose carefully as we do not exchange or refund if you change your mind.
Terms & Conditions
TERMS AND CONDITIONS
Welcome to KiwiField. These terms and conditions are intended to help keep KiwiField a safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which KiwiField offers you access to the Services and the Website. By registering as a member of KiwiField you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
2. SPECIFIC WARNINGS
2.1 The Service: KiwiField provides a venue to introduce members who want to buy and sell items or to advertise and find jobs and Member Services. KiwiField does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the Services are being referred to as an auction, KiwiField is not an auctioneer (whether under the Auctioneers Act 2013 or otherwise). KiwiField also provides a Services Category venue where members can be connected with trades people and service providers.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that KiwiField takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. KiwiField gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
a. about ownership of any item;
b. as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
c. as to the accuracy or truth of listings;
d. that any item, or Member Service listed in the Services Category, will meet your requirements or expectations;
e.or about the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
a. your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, KiwiField disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
b. where Member Services are offered in the Services Category, KiwiField disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
c. KiwiField does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
d. no advice or information that is obtained by you from KiwiField or anyone else shall create any warranty by Trade Me that is not expressly stated in the terms and conditions; and
e. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute KiwiField's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
f. while KiwiField may facilitate payment for some items by credit card, KiwiField is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
g. while KiwiField has systems in place to reduce the risk of credit card fraud, KiwiField is not responsible for protecting members from credit card fraud. KiwiField's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of KiwiField to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. KiwiField's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of KiwiField's message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to KiwiField, KiwiField may limit your activities on the Website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions, in particular, your obligations under Clause 3, or where KiwiField considers it appropriate.
3 GENERAL RULES
a. All listings, bids or communications made through KiwiField shall be made in good faith.
b. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
c. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
d. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the KiwiField message boards.
e. Not withstanding 3.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds.
f. You must list auctions and classifieds in New Zealand dollars and include GST in the price (except when listing commercial property for lease, which excludes GST). All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
g. You must not complete a transaction outside of the Kiwifield process or otherwise seek to avoid Kiwifield's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Kiwifield suspending or terminating your membership at the discretion of KiwiField.
h. Contracts for the sale of land must be in writing to be legally enforceable.
i. You must not use the Services or the Website to promote items for sale outside the Services.
j. You are responsible for any actions taken through your membership. KiwiField memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from KiwiField.
Shipping costs will be clearly displayed for each item. Delivery will be made from seller to the address supplied by the user. Unless otherwise stated, delivery is available within New Zealand. Stated delivery times should be considered to be guidelines and are not delivery guarantees. You are responsible for inspecting the item and reporting any damage to the item to the seller promptly upon taking delivery.