Terms & Conditions : Sony New Zealand

Terms and Conditions

Sony New Zealand Limited ("Sony") maintains this website (the "Site") for your entertainment, information, education, and communication. Your access and use of the Site is subject to the following terms and conditions (the "Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of Sony's Privacy Policy. If you make a purchase on the Site, the Sale Terms will also apply to you.

All material on the Site is protected by copyright unless otherwise indicated and may not be used except as permitted in these Terms of Use or in the text on the Site. If you are browsing this Site as a non-commercial user, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organization, you may download material displayed or available on the Site only for non-commercial purposes within your business or organization. This permission is conditional on your retaining all copyright and other proprietary notices contained on or in the materials contained in the Site and on your compliance with those notices and the Terms of Use. You may not distribute or transmit (except within your business or organization), modify, reuse, republish, report, frame, upload to a third party or use the contents of the Site (including without limitation the text, images, audio, and video) for public or commercial purposes without Sony's express written permission. You agree not to infringe the copyright or other intellectual property rights belonging to Sony, its affiliates or its third party content providers.
Your use of the Site is at your risk. Sony makes no warranties or representations as to its accuracy or completeness. Sony specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether Sony is aware of such errors or omissions or not. To the fullest extent permitted by law, neither Sony nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site.

Without limiting the foregoing, and to the fullest extent permitted by law, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Please note that the Consumer Guarantees Act 1993 and similar legislation in New Zealand may confer rights and remedies on you in relation to the provision by Sony of goods or services on the Site which cannot be excluded, restricted or modified ("Non-excludable Rights").

Notwithstanding the foregoing paragraphs, Sony does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.

To the fullest extent permitted by law, Sony's liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Sony, to:

(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
The trademarks used on the Site are either trademarks of Sony and/or its affiliates, or used on the Site with the permission of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trade mark displayed on the Site without the express written permission of Sony or, if applicable, the third party owner of the relevant trade mark.
Features and specifications of products described or depicted on the Site ("Products"), or available for purchase through the Site (including, without limitation, prices of Products displayed on the Site and any delivery or other charges) are subject to change without notice. All weights and dimensions mentioned are approximate. All screens are measured diagonally and all screen images contained on the Site are simulated unless otherwise indicated. Copyright may exist on television programs, films, videotapes, CDs, MiniDisc and other materials. Unauthorised recording of such materials may be contrary to applicable copyright laws.
Sony assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Sony also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.
Any software downloaded from the Site (including the Downloadable Content) is at your own risk and neither assumes nor accepts liability for any loss or damage, (whether direct or indirect), whatsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of the Site.
Sony does not wish to receive any product, marketing, advertising or other idea that is not covered by an issued New Zealand patent. If you send any communication or material to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Sony or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. You grant to Sony an irrevocable, perpetual, unrestricted, royalty-free worldwide license to use, copy, sublicense, modify, redistribute or otherwise deal with such information or materials including, without limitation, and without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using such information.
The Site may refer to Products that are generally available for purchase in New Zealand. A reference to Products on the Site does not imply or warrant that the Products will be available at any time in your particular locality. You should check with your local Sony authorised representative for the availability of specific products and services in your locality.
Sony is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While Sony may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or its content. Subject to any Non-Excludable Rights, Sony disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
Although Sony may from time to time monitor or review forums on the Site ("Forums"), Sony is under no obligation to do so and assumes no responsibility or liability arising from the contents of any Forums nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any Forums. You are prohibited from posting or transmitting on or via the Site,

(1) any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic or profane material;
(2) any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law; or
(3) any material of any kind for commercial purposes, or which contains any promotional material or advertising. You must not restrict or inhibit any other person from using or enjoying the Site, or download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner. Sony will fully cooperate with any law enforcement authorities or court order requesting or directing Sony to disclose the identity of anyone breaching this clause.
If Sony provides you with user details to facilitate your use of or access to the Site ("User Details"), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. Sony is entitled to act on instructions received under your User Details. Sony cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorise (and not write down) your User Details.
You agree to indemnify Sony and keep Sony indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by Sony as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms, by you or anyone using your User Details.
Sony may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and licences granted by you to Sony, and any Sony disclaimers and limitations of liability will survive such termination.
Failure of Sony to insist upon strict performance of any provisions of the Terms of Use shall not be deemed a waiver of its rights and remedies. If any provision of the Terms of Use is deemed by a court to be unenforceable, the remainder shall stay in effect.
Sony may at any time revise the Terms of Use by updating this web page without prior notice to you, in which case the Terms of Use as modified will apply to you from the date of modification You should periodically visit this page to review the then current Terms of Use.
The Terms of Use may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement between you and Sony. Any attempt to supplement or amend this document shall be null and void.
The Terms of Use are to be governed by and construed in accordance with the laws of New Zealand, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.
The trademarks, logos, and service marks (collectively the "Trademarks") listed below are trademarks of Sony and/or its affiliates. Any other Trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right of use any Trademark displayed on the Site without the express written permission of Sony or such third party owner. The trademark "SONY" and any other product names, service names or logos of SONY used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Sony Corporation or any of its affiliates. Other product names and/or company names used in the Web Site are used with the permission of their respective owners and may be protected as their trademarks and/or trade names.

Information that you provide to Sony

To enable Sony to provide you with products and/or services and to enable you to participate in Sony promotional offers and other marketing activity, Sony may collect and ask you to provide personal information such as your name, address and telephone number and information about your use of this Site ("Your Information").

Sony may collect information relating to your access to, and use of, this Site using cookies. A cookie is a small data file that the Site may write to your computer's hard drive to tailor and keep records of your visit to the Site and to authenticate that you are permitted to use the Site. You can disable cookies by turning them off in your browser, however, you may not be able to access some areas of the Site and/or some areas of the Site may not function properly if you do so.

All information that you provide to Sony must be true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or otherwise fail to update Your Information, Sony may suspend or terminate your participation in promotions, competitions, offers or membership of Sony Style (and right to use) the Site immediately.

Terms and Conditions of Sale

Warranty

Each product comes with its own Sony warranty. Go to the Warranties section and refer to the warranty card corresponding to the Products you intend to purchase for the relevant terms and conditions of warranty ("Warranty Terms").

Sale Terms

The Terms of Use, Sony's Privacy Policy and the applicable Warranty Terms form part of, and are hereby incorporated into, these terms and conditions of sale (collectively the "Sale Terms"). The Sale Terms apply to your purchase of any Products on the Site.

Sony New Zealand Limited ("Sony") shall either by itself or through its subcontractors sell and you shall purchase the products and services offered for sale on the Site ("Products") in compliance with the Sale Terms. Sony is entitled to appoint subcontractors to provide the Products and to perform any act of Sony contemplated under this Contract. All orders placed by you on the Site ("Orders") are accepted pursuant to the Sale Terms, which supersede any other terms relating to the sale of the Products appearing on the Site or elsewhere and shall override any other terms referred to by you or in any course of dealing.
An Order placed by you on the Site is an offer by you to purchase a particular Product. Sony or its subcontractors reserve the right to accept or reject your Order for any reason, including, without limitation, an error in your order or in the material on the Site, or the unavailability of the Product. The contract to purchase a particular Product only comes into existence upon acceptance by Sony or its subcontractors of your Order. Products are subject to availability. In the event of shortage, Sony may allocate sales and deliveries in its sole discretion.
Sony or its subcontractors will only accept Orders for delivery of the Products if the delivery address is a street address in New Zealand and only if you if you are a resident of New Zealand and over the age of 18 years. Sony or its subcontractors reserve the right to limit the quantity of Products purchased by you.
The price of a Product shall be as stipulated on the Site at the date of placement of your Order. Unless otherwise indicated on the Site, all prices include all New Zealand taxes.
Delivery shall be made at the place agreed between the parties, or at Sony's premises, if no place is agreed. If delivery is made elsewhere other than at Sony's premises, Sony has the right to select the method of delivery and the carrier. Delivery may be made by instalments, at the sole option of Sony. Any dates quoted by Sony or its subcontractors for delivery of the Products are estimates only and shall not form part of the Sale Terms.
Sony or its subcontractors must receive full payment of the price of the Products ordered, and any other charges (including delivery or freight charges) that may apply to your Order, before they are delivered or supplied to you. You shall pay for the Products by using one of the payment methods available on the Site.
Where the Products are to be delivered by instalments, each instalment shall be deemed to be the subject of a separate agreement and no default or failure by Sony or its subcontractors in respect of any one or more instalments shall vitiate the Contract in respect of the Products previously delivered or undelivered Products. In the event that Sony or its subcontractors give notice to you that it is unable to deliver any instalment of the Products, you shall be deemed to have accepted those instalments already delivered but Sony or its subcontractors may reimburse the price of the undelivered Products which have been paid for by you.
If you fail to take delivery of the Products or any part of them when they are made available to you, or fail to provide accurate instructions, documents, licenses, consents or authorizations required to enable the Products to be delivered, Sony or its subcontractors shall be entitled, upon giving written notice to you, to store or arrange for storage of the Products, and then risk in the Products shall pass to you, delivery shall be deemed to have taken place, and you shall pay to Sony or its subcontractors all costs and expenses (including storage and insurance charges) arising from your failure.
Unless you notify Sony to the contrary by telephone or by the contact us form within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of its receipt by Sony, the Products shall be deemed to have been accepted by you as being in good condition and in accordance with the Sale Terms.
To the extent permissible by law, and where not inconsistent with any Warranty provided to the you the buyer, Sony shall not accept goods for credit or refund unless:

a. they have been damaged during delivery ("DIT goods") or are not in full working order ("DOA goods") or have been double-delivered or mistakenly supplied; and
b. the returned goods are delivered to Sony Service Centre and,
c. in the case of DIT and DOA goods Sony receives the goods correctly packed in their original carton within 14 days of receipt by you, and all accessories, instruction manuals and packaging are returned to Sony intact; and
d. in the case of goods returned because of double-delivery or mistaken delivery:

i. Sony receives the goods within 14 days of receipt; and
ii. Sony receives the carton unopened and in good condition with no rips, tears or writing; and
iii. a written note accompanies the goods stating the invoice number(s) the goods were supplied with (both invoice numbers in the case of double-delivery) your name and telephone number, and the reason for the goods return.
Title and risk of loss or damage to the Products shall pass to you on the physical delivery of the Products to the address identified by you in the Order. Notwithstanding the foregoing, title to the Products which are software products shall remain with the applicable licensor(s).
In no event shall Sony or its subcontractors be liable to you for any indirect, special, incidental or consequential damages resulting from performance or failure to perform under an agreement pursuant to the Sale Terms, or from the furnishing, performance or use of any goods or services sold or provided pursuant to the Sale Terms, or due to late delivery or non-delivery of the Products, whether due to a breach of contract, breach of warranty, negligence, or otherwise.
Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Sony may update, or discontinue any Product and/or revise prices for any Product listed as available on the Site at any time. You agree that changes may occur between any Product shipped to you and the Products described in marketing materials.
You agree and warrant that the purpose of purchasing the Products is for your own internal use only, and not for resale. Sony or its subcontractors shall be entitled to refuse to accept orders placed by you if you breach or Sony or its subcontractors, on reasonable grounds, suspects that you will breach this warranty. You shall not remove components from the Products for resale.
Sony or its subcontractors shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control.
An attempt by you to enter an Order which is subject to additional or altered terms and conditions shall be null and void.

Parallel Import Warning

Sony New Zealand Limited is the authorised distributor of Sony branded computer, consumer electronic and media products in New Zealand. Recently we have observed other suppliers offering imported Sony products from overseas and selling through retail outlets, other dealerships as well as online via the Internet, etc., to New Zealand consumers. Also, from time to time we have become aware of a growing number of "copy" or "fake" Sony products being brought into New Zealand and being sold the same way as above. Consumers should exercise care when acquiring these products. In particular, consumers should be aware that Sony New Zealand Limited will only honour consumer product warranty cards that have been issued by Sony New Zealand Limited or Sony Australia Limited or their authorised agents.

Consumer Guarantees Act 1993

Nothing in the Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by the Act, and the Terms are to be modified to the extent necessary to give effect to that intention. Where the Buyer supplies goods in trade purchased under the Terms to a person acquiring them for business purposes, it must be a term of the Buyer's contract with that purchaser that the Consumer Guarantees Act 1993 does not apply in respect of the goods. The Buyer agrees to indemnify Sony against any liability or cost incurred by Sony under the Consumer Guarantees Act 1993 as a result of any breach by the Buyer of the obligations contained in the Terms.

Where the Consumer Guarantees Act 1993 ("Act") applies to the Terms:

if the goods or services are acquired for business purposes, the Buyer agrees that the Act does not apply; and
if the goods or services are not acquired for business purposes, to the fullest extent permitted by law, Sony's liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Sony, to:
in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Sony Style Online registration and account

There are two methods to purchase on this site. The first method is as a ‘registered member’ of Sony Style Online. Registered customers may make any number of purchases via a single and secure access point (normally enabled by a registration ID and password). The second purchasing method is for ‘non members’. A non-member may make a one-time-only purchase which does not require registration. Their purchase will be regarded as a stand-alone activity.
Some features on the Site are only accessible for registered members. You can register as a Member by following the instructions on the Site. You will be authorised to be a Member of Sony Style Online only if Sony advises you that your application for registration as a Member has been approved. You will be required to accept these Terms in order to become a Member.
To be eligible for membership of Sony Style Online you must be:

(a) At least 13 years of age (and at least 18 years of age to purchase goods or services); and
(b) A legal resident of New Zealand.
You are only entitled to open one Sony Style Online Member account (even if you have multiple email addresses).
There is no charge for membership of Sony Style Online (unless otherwise specified upon registration).
Your Sony Style Online account and any other related membership benefits are not transferable and may not be combined or merged with other Member accounts.
Sony reserves the right to refuse your application for registration or terminate your registration at its sole discretion, including but not limited to if it has been inactive for an extended period of time, as determined by Sony.
When you register as a Member of Sony Style you must choose a password. Your password must be used, together with your email address (each a "Unique Identifier"), each time you access your Sony Style Online account. Sony may reject any Unique Identifier that you choose, in Sony's sole discretion. You are responsible for keeping your Unique Identifiers confidential. You must immediately notify Sony if you become aware of any unauthorised use of your Unique Identifiers or any other breach of security related to your Sony Style Online account.
You are solely responsible for all activities that occur under your Sony Style Online account including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your Unique Identifiers. Sony is entitled to act on instructions received under your Unique Identifiers. Sony cannot and will not be liable for any changes made to your Sony Style Online account by another person using your Unique Identifiers, or for any loss or damage arising from your failure to adequately protect your Unique Identifiers. For security purposes, you should memorise (and not write down) your Unique Identifiers, and close the browser window at the end of each session.
You may terminate these Terms and your Sony Style Online registration at any time, without cause and with immediate effect, please contact us by sending an e-mail via the feedback form. Sony may terminate these Terms and your Sony Style Online registration at any time, without cause and with immediate effect, by sending an email to the email address supplied by you when registering to use Sony Style Online. In the event of termination you will immediately cease to use Sony Style Online. The provisions of these Terms regarding intellectual property rights, confidentiality, warranty disclaimers, liability limitations and indemnification shall survive any such termination.