Whenever we say "we", "us", or "our" we mean Forlongs Limited. And anytime we say "you" we are talking about you, the person out there, on forlongs.co.nz, doing what you're doing. We call our website "forlongs.co.nz" and whenever we talk about "Forlongs" (without the Limited) we are referring to forlongs.co.nz and all the things we make available for you to see and do on forlongs.co.nz.
What does this mean legally?
These Terms create a legal agreement between you and us that covers everything you do on forlongs.co.nz and everything we make available to you on forlongs.co.nz. But, these Terms are not the only terms, law or agreement that may apply to you when you use Forlongs. Whenever you browse or shop on Forlongs you are protected by the laws of New Zealand. These include the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Sale of Goods Act 1994 and the Commerce Act 1986.
Accepting the Terms
Whenever you use forlongs.co.nz the Forlongs Terms apply to you. By choosing to use Forlongs you are confirming to us that you accept these Terms. If you don't agree to these Terms your option is to NOT use forlongs.co.nz in any way. Sometimes, as an added measure we ask you to tick a box to say that you have read and agree to the Forlongs Terms. This is a confirmation only. We do this to remind you of your agreement to the Forlongs Terms before you part with your money.
Changing these Terms
We can change the Forlongs Terms at any time with or without notice to you. If we do this, any changes will take effect as soon as they are posted to forlongs.co.nz. To help make you aware of any changes we will tell you about them in our Forlongs newsletter or any other member communication. We'll also include the date of any changes when we re-post the Terms. It's up to you to remain aware of the Terms and any updates to them. Remember, whenever you use Forlongs, you are confirming that you accept the latest updated Forlongs Terms.
About New Zealand Law
These Terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with New Zealand law. In the event of any dispute arising in relation of these Terms or their subject matter, the New Zealand courts will have non-exclusive jurisdiction over such dispute.
Who can use Forlongs?
forlongs.co.nz is a New Zealand web site for New Zealand shoppers. To shop on Forlongs you must be the authorised holder of a Visa or Mastercard credit card that has been issued by a New Zealand credit card issuer.
Some Forlongs services are available only to registered Forlongs members. If you want to become one of those, simply apply to register with Forlongs here. If we accept your application (in our absolute discretion), you will become a registered Forlongser and a member of this website. Your membership is not transferable to anyone else, and you are only allowed one active membership at any time.
What is Forlongs
Forlongs provides two (2) main types of services for consumers, Shopping Services and Community Services. This is where we describe how you may use those services, what your responsibilities are when you use them and any specific disclaimers to let you know what Forlongs will not be responsible for.
Price and Product Descriptions
You can now use the Forlongs shopping cart to purchase products from Forlongs that are restricted to persons over a particular age, e.g. guns and ammunition. Where you purchase restricted products through Forlongs, you warrant that you are legally entitled to purchase that restricted product and that you can produce sufficient evidence (e.g. New Zealand Driver's Licence or Passport) of that entitlement.
Product descriptions, Expert Reviews, Buying Guides and other information and commentary about products that's available on forlongs.co.nz are provided by other people. Suupliers and content providers agree to do their best to make sure the information they provide to us is accurate, reliable, adequate, complete and current. However, we are not responsible in any way for suppliers and content providers content and we cannot and do not represent or warrant that this will always be the case. For example, due to technical or human error, information may be recorded incorrectly or left off Forlongs).
If you buy a product at Forlongs and it doesn't meet the product description, at law, you are ableto return it to the retailer in an unused condition. In this situation, the retail store will be responsible to you directly. Find out more about how this works in our Consumer Rights section.
As suppliers and not Forlongs Limited offer the products for sale that are made available on Forlongs, we cannot and do not provide any representation, guaranty or warranty of any kind in relation to those products. Any product guaranty or warranty that may be applicable will be provided to you only by the retailers who are offering the particular products for sale. You can find information about what guarantees or warranties each manufacturer may offer in respect of their products on the manufacturers website.
All prices are stated in New Zealand dollars and include GST unless specifically stated otherwise.
The product prices listed on Forlongs are provided to us by our retail store. While we ask that all our retail store to do their best to make sure the prices they provide to us are accurate, reliable, complete and current, and we do our best to keep retail prices updated on Forlongs, we cannot and do not represent or warrant that the price is accurate, or will always reflect the retailer stores' actual prices. Prices are confirmed at the time you confirm your order for payment at the end of the shopping cart process.
Unless we have discounted delivery fees, all purchases on Forlongs will incur delivery fees. In addition, we may charge additional fees if you require gift-wrapping or other value-add items. These fees will be calculated and shown to you in the Forlongs shopping cart before you complete your purchase.
Orders using the Forlongs shopping cart
You can order and buy products at Forlongs with the Forlongs shopping cart.
You don't have to be a registered Forlongs card holder to order and buy products at Forlongs. But if you are registered, you'll have access to additional features that are not available to non-members.
Once an order has been placed and your payment has been processed, it can't be changed or cancelled by you without the Forlong's express consent. However, you may have a general right at law to cancel your order. Our Consumer Rights section may provide you with some assistance. Individual retailers may have additional options available to you. Please check the retailers home page on Forlongs.
In some cases we may step in and cancel an order even if it has been paid for by you. This is likely to occur if we believe it is necessary to protect you or our shoppers or our suppliers but there could be any number of reasons. If we cancel your order we will repay any amounts paid by you for the cancelled order.
Orders through the suppliers' own website
Where you choose to buy from a retailer's own website these Terms will not apply to your purchase on the supplier's website. In fact Forlongs will have no involvement whatsoever in the order, buying or delivery process if you buy products from the supplier's own website and will not be responsible to you in any way relating to those purchases.
The Forlongs shopping cart accepts VISA and MASTERCARD credit cards only that have been issued by a New Zealand trading bank. All credit card transactions are charged in New Zealand dollars.
How it works
The Forlongs shopping cart is the only accepted payment method available at forlongs.co.nz.
Forlongs does not handle the payment transactions made on the Forlongs shopping cart directly. We use DPS Limited - a secure payment service provider whose online payment solution is both Visa AIS (Account Information Standard) and MasterCard SDP (Site Data Protection) (encompassed as PCI DSS - Payment Card Industry Data Security Standard) certified.
Your credit card is charged at the time you place your order (specifically when you confirm your order and authorise us to debit your credit card). When we receive notification from the retailer that your order has been dispatched we transfer your payment to the retailer's bank account.
When you purchase products from different retailers in a single order transaction, the individual payment amounts are processed in the same order as they are listed on your Forlongs order confirmation.
If your credit card payment is declined you can authorise Forlongs to try and debit your credit card again, or, if you are the authorised holder of another eligible credit card, you may enter the new credit card details and ask us to debit your alternative credit card. We cannot re-try your credit card for you without your authorisation.
Forlongs will only deliver within mainland New Zealand. You cannot specify a delivery address outside of New Zealand.
Delivery charges appear in the Forlongs shopping cart once you have added your delivery address.
Delivery charges are calculated per item. Forlongs may discount the delivery charges in certain circumstances. The retailer's home page on forlongs.co.nz will list any discounts that may apply. Discounts will also be shown in the Forlongs shopping cart.
There may be times when a retailer may require additional delivery charges to be paid by you before accepting your order. This is only likely to be the case if you live in an area of New Zealand that is not part of mainland North and South islands or if you have ordered a product that has extraordinary delivery requirements. Unfortunately this may not be made known to you until after your order has been processed and Forlongs has received the order. Where this is the case, Forlongs will contact you directly to discuss the options. Payment of any additional delivery fees must be made directly to Forlongs. If you do not agree to the additional fees, either you or the retailer will have the option to cancel your order.
If you purchase any restricted products (for example guns or ammo), the retailer may require you to provide proof of age upon delivery. The retailer reserves the right to cancel your order if the retailer or their delivery agent is not satisfied you are over the required legal age.
We always do our best to dispatch your order to the delivery company within the timeframe stated in the Forlongs shopping cart. This is the timeframe for Forlongs to process your order and hand it over to the delivery agent for delivery to you (not the time it takes to deliver the products to your delivery address). If a retailer does not dispatch your order within the timeframe stated, you have the right to contact Forlongs and cancel your order. If this happens you will be entitled to a refund in full from the Forlongs of the purchase price including any delivery fees paid by you for the order cancelled.
Returns and Cancellations
You will need to contact the Forlongs directly to return a product, or to see if you can cancel an order before it is delivered.
In all cases Forlongs Limited is responsible for providing you with any applicable refund where Forlongs delivers part of an order or the wrong order, or you are entitled to a refund either in full or in part for any other reason.
In addition to the Reviews and Guides discussed above, registered Forlongs members can provide feedback on products available on Forlongs (we call these Consumer Reviews). While we love to hear your feedback about the products and services available on Forlongs, it's important you comply with all Forlongs guidelines when posting your commentary. Forlongs staff are people too and we also let them post reviews about products they know and love.
All our Reviews and Guides are provided to you for informational purposes only. You need to make your own assessment and exercise your own judgment when considering whether these reviews are useful.
All links to other websites are provided for convenience only. These links are not and shouldn't be taken as, an endorsement, approval, recommendation or preference by us of the owners or operators of those sites, or of any information, products or services referred to on those sites or otherwise posted on this website, unless specifically stated.
As part of the Community Services registered Forlongs members may also take part in competitions and polls that may be on offer from time to time and create and share Wish Lists.
You agree to comply with all laws and regulations applicable to your access and use of forlongs.co.nz. This means you agree to:
- follow our instructions when using Forlongs;
- not use Forlongs inappropriately or unreasonably - like (to name only a few examples) to send spam, message bombs, chain messages or abusive, defamatory, obscene, menacing or malicious messages, interfere with anyone's rights, publish any offensive, unlawful or actionable material, collect information about others, create a false identity, make a fake transactions, commit credit card fraud or transmit or upload material which breaches any third party right, any applicable laws or regulations or is likely to do so;
- use Forlongs only for lawful purposes, without annoying anyone or affecting anyone else's use of Forlongs and only as reasonably intended;
- not act in a way or use or attempt to damage, interfere with or introduce anything (including, without limitation, any virus, robot, spider, scraper or other automated means to access this website or feature on it for any purpose) that in any way compromises Forlongs or any network or system underlying or connected to Forlongs;
- not use our website (or copy, scrape, systematically or automatically extract or otherwise use any information or other material from the website) for any commercial purpose other than to conduct a commercial transaction where this is offered to you as part of our services;
- comply with any additional legal requirements in respect of restricted items, e.g. the Sale of Liquor Act 1989;
- ensure that everyone you are responsible for also meets these commitments and your other obligations under these Terms.
Consequences of your actions
Without limiting our other rights and remedies, we may, at our discretion:
- monitor your use of Forlongs and restrict access to any content that we consider to be inappropriate or in breach of any law, third party right or these terms but we are not obliged to or responsible for doing so;
- contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including, but not limited to, the uploading or e-mailing of any material in breach of these terms or any applicable laws);
- provide copies of any relevant material to the law enforcement authorities and also give them access to any personal data that is held by us and relate to the material supplied; and
- refuse to provide any further services to anyone who breaches these Terms.
Security is important. You are responsible for any activity which occurs on or through your membership account (whether or not it's actually authorised). That's why it's really important that you agree:
- to not permit any other person to use your password or account;
- keep secure and confidential any password or access code (such as a PIN) for the Services
- not to disclose to any other person your password or any other information that may allow them to gain access to your account; and
- to change your password immediately if you believe that your account may have been used without your authorisation.
You may only create links from this website to external websites where you are entitled to do so and where the creation of the link doesn't otherwise breach these terms. Also, you may only create links to Forlongs from external websites with our prior written permission.
If you post any material on our website, you agree that we may reproduce, publish, modify and distribute that material and incorporate it in other works in any form but only for purposes reasonably associated with the posting and the operation of our services. If you do not own the material, you must get the owner's consent before you post or upload it.
We spend a lot of time and effort making Forlongs look and sound lovely. So we're committed to looking after it, and (except for content Forlongs users post on Forlongs and license to us) we (and our licensors, suppliers, retailers and/or advertisers listing on our website, as the case may be) own all proprietary and intellectual property rights in and to our website and material displayed here including, without limitation, text, images, graphics, layout, look-and-feel, the software, trade marks, trade names and other material underlying and forming part of our website and/or Forlongs.
You may not copy, distribute, alter or tamper with in anyway or otherwise use any material contained in our website except as set out in these terms. You are also not allowed to remove any copyright, trade mark or any other intellectual property notices from any material copied or printed from this website. All rights not expressly granted to you in these terms are reserved.
Ending or suspending any Services
Sometimes stuff happens. So we may at any time and without notice:
- change the format and content of our website and/or any products or services offered here;
- end (stop providing), suspend or restrict your access to any service we provide if you do not meet any responsibility you have to us or any other Telecom company (whether under these terms or otherwise); or
- terminate or suspend the operation of our website and/or the services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work, to update content or to protect our website or users of our website from suspected fraudulent or unauthorised activity), or permanently if we decide to stop providing some or all of our services.
This will not affect any rights and responsibilities which are intended to continue, or come into force after that date or event.
Whenever you visit Forlongs.co.nz or send emails to us, you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
We are not an agent of any other retailer or third party. We are not responsible for any transactions you may enter into through: your use of Forlongs; your participation in any promotions; or as a result of any dealings between you and anyone using Forlongs. To the fullest extent permitted by law, we disclaim any responsibility for, or liability related to, the products available on Forlongs. Any questions, complaints or claims should be directed to the appropriate retailer.
We are not responsible for ensuring that the information that you access or make available through using Forlongs will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to the our website or services. This is because the availability or quality of Forlongs may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions.
We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of Forlongs.
Forlongs is provided on an "as is" and "as available" basis. We will only be liable to you if we have failed to comply with our obligations under these Terms. If that's the case (and we'll try to make sure that it never is) our sole liability to you and anyone else who uses the services we provide to you (together) will be to pay you up to a maximum combined amount equal to $250.
To the extent permitted by law, we exclude all warranties not expressly stated in these Terms. We exclude all other liability we or any of our suppliers, retailers, licensors, related companies, agents, officers, employees may have to you to the maximum extent permitted by law.
This exclusion applies whatever you are claiming for (whether for direct, indirect or consequential losses, loss of profits, loss of business, loss of data or otherwise) and in whatever way any liability might arise if it were not for this clause (including in contract, tort, equity or under statute).
This exclusion does not prevent you getting a court order you are entitled to that requires us to do anything we have agreed to do for you.
Except where we have expressly accepted responsibility under these Terms, you will keep us protected against any legal action taken against us and pay us any costs, losses or expenses we incur in connection with your use of Forlongs or any failure to comply with these Terms.
Information about you
You need to make sure that all information you give us is true, correct and complete. (Each time you provide information to us, you will be taken as confirming that you are authorised and capable of doing so).
And the last bit.
These Terms (including our Policies incorporated by reference) constitute the entire agreement, and supersede any other agreements or understandings (oral or written) between you and us with respect to the subject matter.
Any agent appointed by us may perform any of our obligations under these Terms and they, and our suppliers, retailers and licensors, and each of their respective officers, employees, contractors and agents will have the benefit of any term that is of benefit to us. However, you agree that only Forlongs Limited will be responsible for any breach of our obligations and not any other Telecom company or our agents.
We may transfer this agreement or any benefit or obligation of it to any person including, but not limited to, our related companies (as defined under the Companies Act 1993) without notice to you. If we do transfer our obligations to another person (in which context we will be the transferor and the person we transfer the obligations to will be the transferee), the transferor will not be liable for, and you agree to discharge the transferor from liability for, any act or omission of the transferee arising in relation to these terms after that date. You may not transfer any benefit or obligation to any other person without our written consent.
Each parts of these Terms is separately binding. If for any reason any part cannot be relied on, all other parts remain binding.
You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of Forlongs or your experience with or any outcomes you may achieve through using Forlongs or the products and services available on Forlongs. You agree not to commence any proceeding directly or indirectly arising from any statement or representation not expressly recorded in these terms.
If we do not exercise or enforce any right available to us under these terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.