Mitre 10 (New Zealand) Terms and Conditions

Basically we're a down to earth bunch and you can trust us to do the right thing, but just to keep everything above board, here's the official T & C's.

Click to view Mitre 10 Club Terms & Conditions

General

These terms are to be read in conjunction with our Secure Shopping, Privacy, Payment, Delivery and No Hassle Returns and Collect in Store pages as found on our website.

Mitre 10 (New Zealand) Limited ("Mitre 10") owns and operates this site, and is located at 67 Corinthian Drive, Albany, Auckland 0632. If you wish to get in touch, please contact us via this customer care form and let us know how we can help you.

1. Changes to these terms

   We can change these terms at any time, without notice, by updating them on this site. The revised terms will take effect when they are published on this site. Your continued use of this site after the terms have been changes indicates your acceptance of those changes.

Website terms of use

1. Acceptance of Terms

   When you access this site, you acknowledge that you have read and agree to the terms described below. If you do not agree to the terms discussed here, you should exit this site and refrain from placing any order.

2. Availability and risk

   This site may be inaccessible from time to time due to events outside of Mitre 10’s control, or for maintenance requirements. We cannot guarantee any file, data or program available for download from this site (or any third party site that is linked) is free of viruses and you assume the risk of any damage to your device as a result of using this site.

   The website is provided for our customers to buy, or find out more about, our products and services. Products displayed may not be available in all physical stores or be available to purchase through our website.

3. Use of this site

   You agree not to use this site for any purpose that is unlawful or prohibited by these terms of use. You may download the information on this site for the purposes of shopping with us, but otherwise neither this site, nor any material on it, may be scraped, copied, altered, modified, reproduced, transmitted, or distributed without our prior written consent. You agree that you will not interfere with any other party's use and enjoyment of this site, or damage the operation of this site, or our systems or those of other persons who use this site, whether by way of a virus, corrupted file, any other software, program, or otherwise. We reserve the right to suspend your use of this site where we consider that you may have breached these Terms or the law. You agree that you will not create a hyperlink to this site without our express written permission. If you do create a hyperlink to this site, you are responsible for all losses that we may suffer as a result of that link, whether direct or indirect. Linking to this site is at your own risk. You may not frame any part of this site content by including advertising or other revenue generating material.

4. Intellectual Property

   Mitre 10 owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of New Zealand and may not be used without written permission by Mitre 10. Your use of this site will not create, nor will you represent to have, any interests or rights in our intellectual property. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Mitre 10 or of the relevant trade mark owner.

   If you provide certain ideas or concepts to us for the Site or our Services, which we have then developed or adopted, you agree to an automatic assignment of any of your intellectual property rights in those elements to us.

5. Use of Cookies and other Digital Information

   Some pages on this site use "cookies" which are small files that this site places on your hard drive for identification purposes. These files are used for site registration and personalisation the next time you visit us. You should note that cookies cannot read data on your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you do not accept cookies, some pages may not function fully and you may not be able to access certain information on this site. Please refer to our Privacy Policy for further information on the use of cookies and other digital information we may collect from your use of this site.

6. Website analysis tools

   We use the services and/or software of third parties to improve the site and analyse its effectiveness. To enable this, a small piece of code is placed on each page which counts statistics, such as the number of visitors per day, or the number of pages requested per day. This non-personal information gained is aggregated by these companies and enables us to measure activity within our sites which in turn is used to continually improve our sites and our service to our customers. Mitre 10 does not warrant the accuracy or correctness of this data.

7. Links to and from other websites

   This website contains third party information from or hyperlinks to websites operated by third parties. Mitre 10 provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse, monitor, sponsor, guarantee, or approve the content of any such information or website.

8. Signing in

   You agree to always keep your sign in details safe and confidential. You are liable for every online order made under your sign in.

Online shopping terms

1. Contract, Payment and Delivery all within New Zealand
   

   Online orders will only be accepted by Mitre 10 (New Zealand) Ltd in New Zealand and payment is to be made in New Zealand currency. Any contract arising from this site is governed by the laws of New Zealand. Mitre 10 will deliver goods only within mainland New Zealand.

2. Product Availability and Quantities

   Product may be added to or removed from this site from time to time. From time to time products described on this site may not be available. While Mitre 10 does not accept liability for any loss arising, every effort will be made to keep the information up to date and accurate. We reserve the right to limit quantities able to be ordered by you, or delivered to you. If your online order is reduced in accordance with this clause, the price payable by you for that online order will be adjusted accordingly.

3. Online orders, Price and Payment

   Products may be ordered by following the instructions on the catalogue pages of this site. All prices quoted include Goods and Services Tax. Prices may increase or decrease from time to time. Mitre 10 Club prices and deals are only available to members of Mitre 10 Club and only in accordance with the Mitre 10 Club terms and conditions.

   You must pay by credit, debit or with a Mitre 10 Gift Card. Visa and Mastercard are accepted for all transactions, and depending on the Mitre 10 store which fulfils your online order, Diner, American Express, JCB, Discover, and/or Union Pay cards may also be accepted. Depending on the store, online orders may also be paid for using Click to Pay, or using Afterpay, subject to Afterpay’s terms www.afterpay.com/terms. Farmlands Cards may be used if they are linked to your Mitre 10 account and used in accordance with Farmlands terms www.farmlands.co.nz/farmlands_terms_and_conditions.

   If your payment is declined by your financial institution, delivery of the relevant online order will not be made, and we will contact you to make alternative payment arrangements. We reserve the right to refuse to accept payment from you by credit card for any reason. If you default in payment for any order, you are liable for all costs associated with debt collection.

4. Offer and Acceptance of online order

   When you place an order with us, you are making an offer to buy goods. All accepted orders supersede all previous quotes / estimates. We will take payment from you when we accept your order.

   You warrant that all information and data provided by you is accurate, complete, and up to date. You will promptly notify Mitre 10 if there is any change to this information or data.

5. Order Status and Notification

   We will send you an e-mail to confirm that we have received and accepted your order, which indicates that your order has been accepted, subject to availability of stock in the relevant store.

   We may communicate with you regarding your account and orders using your email address, phone number (including text message) and other forms of communications that may reasonably be available to us.

6. Order Fulfilment

   Delivery charges within mainland North Island and South Island 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. Delivery will be by courier or by any delivery service as chosen by Mitre 10. We may change delivery fees at any time.

   For delivery to an offshore island of New Zealand please enter the details of the shipping agent at the pick-up point on the mainland at which it would be convenient for you to have the order delivered to. Mitre 10's responsibility for product shall cease on delivery of the order to your nominated shipping agent.

   If Mitre 10 is unable to deliver any item, your credit or debit card will be credited with full all amounts you paid in respect of the item. This can take around 7 working days, depending on bank processing times.

   When you order an online e-Gift Card from Mitre 10, we’ll ask you to enter the email address of the person you want to receive the eGift Card. Once you’ve done that, follow the simple steps to complete the order and once completed your eGift-Card will be on its way to their inbox.

7. Risk

   Goods are at our risk until delivered to your nominated address, or in the case of an offshore island address, until delivered to your shipping agent. We may deliver each item ordered separately if we choose for supply or other reasons. If this is the case, you will not incur any extra delivery cost.

8. Click and Collect in Store

   Online orders must be collected within 14 days from the date you are notified by email that your online order is ready for collection. If your online order is not collected within this time, your order will be cancelled. The relevant Collection Store may then allocate those Goods to another customer and your refund will be credited to the card you used for your online order.

   You acknowledge that we may ask for your identification, and may record the details of any identification provided in relation to collection of products. Our Privacy Policy applies.

9. Cancellation by you and Product Return

   Please check our No Hassles Returns Policy for more information on whether cancellation of your order is possible, and the process for the exchange or refund of products.

10. Cancellation by us

    While we try to ensure that the price and description of goods or services is accurate, if there is an error with the listing of a product on our website, a technical error in the processing of your order, or unavailability of product, we reserve the right to refuse or cancel the order even it had been accepted.

    In such cases Mitre 10 will refund in full all amounts you paid in respect of such unavailable product.

11. Routine Security Checks

    Mitre 10 reserves the right to contact the purchaser of an order to confirm the validity of delivery details supplied and we will perform security checks on any orders that raise a security alert based on purchase type or level. Mitre 10 reserves the right to cancel and refund any order that appears to be fraudulent.

12. Airpoints™

    We’re proud to be a member of the Air New Zealand Airpoints™ programme. More information about the Airpoints program is available here, including the terms, conditions and exclusions that apply when you earn Airpoints Dollars™ with Mitre 10 or use your Airpoints Dollars™ to buy goods and services from Mitre 10.

Liability

1. Disclaimer. Limitation of Liability and Indemnity

   To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

   1. Errors, mistakes or inaccuracies on the website;

   2. You acting, or failing to act, on any information contained on or referred to on the website or any linked website;

   3. Personal injury or property damage of any kind resulting from your access or use of the website;

   4. Any unauthorised access to or use of the websites secure servers; or

   5. Any interruption or cessation of transmission to or from the website.

Information on products and materials featured within this site are provided on the basis that Mitre 10 is not liable for their suitability for use in your specific application. Whilst the advice and recommendations contained in this web site have been produced with proper care, they are offered only with the object of assisting those interested in home improvement projects and Mitre 10 does not accept responsibility for the advice, recommendations, etc, contained herein.

To the extent permitted by law, we shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the site. You agree to indemnify us against all liabilities, losses, (including consequential and indirect losses) claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use of the site, or any breach of these terms.

1. Consumer Guarantees Act:
   

   You acknowledge and agree that:

   (a) where the products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 (“CGA”)), the provisions of the CGA shall not apply to the sale of the products by Mitre 10; and

   (b) nothing in these terms is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms shall be read as modified to the extent necessary to give effect to that intention.

New Zealand Law

These terms are governed by New Zealand Law. If we have any issues which need to be resolved by a court, you agree to the exclusive jurisdiction of New Zealand courts.

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Mitre 10 Club terms and conditions

These terms and conditions, together with the Mitre 10 Privacy Policy, (together the “Terms”), relate to your membership of the Mitre 10 Club.

Becoming a Member of Mitre 10 Club

You can become a member of Mitre 10 Club when you sign up in-store or online at www.mitre10.co.nz/register. You must register your details with us, including your name and email address and tick the box to join the Mitre 10 Club. To be eligible to be a member, you must be over the age of 18 years, a New Zealand resident and a natural person (and not a company or other corporate entity).

Once you have registered your details, you will receive an email to activate your Mitre 10 Club membership. You must click on the link in the email to activate your membership and complete the sign up process.

If you have not clicked on the link in the ‘activation email’ within 31 days, then all membership benefits will cease.

An email address may only be used once when signing up to Mitre 10 Club. You may not transfer your membership, or any offers made available through your membership to anyone else.

By becoming a member, you agree to be bound by these Terms. If you do not agree to these Terms, you cannot become a member of Mitre 10 Club.

Mitre 10 reserves the right to refuse any application for membership for any reason. We may remove a member at any time where a member appears to have breached the Terms or behaved in an inappropriate, misleading or abusive manner.

Mitre 10 Club Exclusive Deals

To be eligible to receive Mitre 10 Club Exclusive Deals, you must have signed up to the Mitre 10 Club and activated your membership within 31 days.

Once you have joined the Mitre 10 Club you will be entitled to Club Exclusive Deals on selected products in-store at Mitre 10, Mitre 10 MEGA and online at www.mitre10.co.nz. Club Exclusive Deals will be valid for an advertised period (the ‘promotion’) and while stocks last. Additional terms and conditions may apply. In the event of inconsistency, the specific terms of the promotion shall prevail.

To use your Club Exclusive Deals you must log in online when shopping at www.mitre10.co.nz, scan your personal barcode found on your Club email in-store, or tell the checkout operator in-store the phone number, name or email address attached to your Mitre 10 Club membership. If you have registered an Airpoints number to your Mitre 10 Club online profile you can also provide your Airpoints number at the time of purchase to access the Mitre 10 Club pricing and deals. (Note: each Airpoints number can only be registered to one Mitre 10 Club profile)

Mitre 10 Club Exclusive Deals cannot be used in conjunction with:

1. on account purchases, including cash account purchases;
2. preferential pricing such as through an affiliation or association, for example but not limited to Farmlands, Ruralco, SuperGold Card, New Zealand Defence Force.

Mitre 10 Club 'Scan & Win' monthly prize draw

Once you have joined the Club and activated your account you are eligible to participate in the Scan & Win monthly prize draw.

Entry to the prize draw is automatic when an eligible Club member:

(a) purchases any product from Mitre 10, Mitre 10 MEGA or www.mitre10.co.nz; and

(b) identifies themselves in the same transaction as a Club member by:

1. scanning the Airpoints card registered to their Mitre 10 Club profile,
2. providing their name, email address or phone number, or
3. scanning their Mitre 10 Club barcode,
4. logging in online at www.mitre10.co.nz

in the relevant month of the prize draw.

The opening and closing dates of each prize draw will be 00.01am on 1st of the month to 11.59pm on the last day of the month (“Draw Period”). Entry excludes Mitre 10 employees.

All entrants go in the draw to win one (1) of two (2) Prizes. Each prize is one (1) $1,000 Mitre 10 Gift Card. The Mitre 10 Gift Card will be sent to the Winner and the gift card terms and conditions found at www.mitre10.co.nz/gift-card-information apply to the use of the card. Mitre 10 reserves the right to substitute the prize of like or equal value.

By accepting a Prize, the Winner agrees that the Promoter may use the Winner’s name, town/city and photograph for publicity purposes relating to this promotion, including on packaging, or in public relations and marketing material, in any form of media, without payment or any other compensation.

Club members can enter the monthly prize draw multiple times when acting reasonably. Mitre 10 reserves the right to disregard multiple entries where purchases have deliberately been split into separate transactions.

Winners will be drawn from all eligible entries by 15th of the following month. If after using reasonable efforts, Mitre 10 is unable to establish contact with a winner within 20 working days from the prize draw, then a new winner will be drawn.

Mitre 10 (New Zealand) Limited is the Promoter and reserves the right to amend or vary these terms and conditions from time to time. The updated terms and conditions will be published at www.mitre10.co.nz/terms-conditions#M10_Clubs.

Receiving messages and marketing information

When you register to become a member of Mitre 10 Club, your name and contact details will be added to our customer email database, and you consent to receiving messages from us from time to time. Any personal information you provide to us will be collected, held and used in accordance with our Privacy Policy.

How to cancel your Membership of the Mitre 10 Club

You may cancel your membership at any time by logging in at mitre10.co.nz/login navigating to the My Account page and clicking Unsubscribe. On cancellation of your membership, you will cease to be entitled to any Mitre 10 Club benefits and you will no longer receive Mitre 10 Club emails.

Keeping your membership details up to date

You must keep us informed of any changes to your personal or membership details. You can update your membership details at any time by logging in at mitre10.co.nz/login. Mitre 10 will not be responsible for any loss of benefits resulting from details being out of date or inaccurate.

Termination of the Mitre 10 Club

We reserve the right to terminate the Mitre 10 Club or vary these Terms, including varying or terminating the special pricing offers at any time. If we terminate the Mitre 10 Club or change these Terms, we will publish this on our website. If we change these Terms and you do not agree to the terms as amended, you are free to cancel your Mitre 10 Club membership in the manner referred to above.

New Zealand Law

These Terms are governed by New Zealand Law. If we have any issues which need to be resolved by a court, you agree to the exclusive jurisdiction of New Zealand courts.

Liability

To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Mitre 10 Club including, but not limited to, loss or damage you might suffer as a result of:

1. errors, mistakes or inaccuracies with the Mitre 10 Club;
2. you acting, or failing to act, on any information contained or referred to from the Mitre 10 Club or any linked website.

We cannot guarantee the availability of the Mitre 10 Club programme or website and we reserve the right to correct any errors published.