Terms and Conditions
The following document contains the Terms and Conditions for using the Booma website.
Welcome to the Booma New Zealand website where you are able to buy goods and services for delivery only within New Zealand.
When you purchase goods and services using Booma's website, we will only ask you to provide some basic information about yourself to enable delivery of your purchases. You may opt to have us save these personal details to speed up the process of subsequent purchases, and receive communications from us.
Acceptance of Terms and Conditions
We have created these Terms and Conditions as part of our overall objective to make this website easy to use, reliable, and secure and a valuable experience for you.
These Terms and Conditions apply to the use of this website and the goods and services available through it. By using this website, you are deemed to have read and agree to be bound by these Terms and Conditions.
If you do not accept these Terms and Conditions, you should refrain from using this website.
Index to Terms and Conditions
General Trading Terms and Conditions
Web Site Operating Terms and Conditions
6. Log Files
10. Third Party Use
12. Legal Disclaimer
Other Legal Stuff
7. Local Laws
General Trading Terms and Conditions
Booma guarantees the quality of all of our products - you can order from Booma with complete confidence. If for any reason you are not totally satisfied with the goods you receive you may return them. Just return the goods within 7 days of receipt of goods, unused and in their original packaging. Please refer below to our Returns and Credit/Refund Policy for details.
All prices include Goods and Services Tax (GST), but do not include handling and freight charges.
Booma reserves the right to update prices and specifications at any time without notice. We make great efforts to ensure the prices and specifications of our goods are as accurate and as up to date as possible. However the availability can change rapidly. We therefore accept no liability should any of the goods become unavailable.
Handling and freight is calculated in addition to the price of the goods, and costs are based on the aggregate order being shipped (unless otherwise stated on the product selected) and the region to which the goods are being dispatched in New Zealand.
If you return the goods within 7 days of date of receipt of goods unused and in their original packaging – we will refund or credit the full purchase price, excluding handling and freight.
You must ensure that you inspect goods before signing for them. All claims for goods damaged in transit must be made to the carrier immediately on delivery of the goods to you and you must advise us of this.
We reserve the right to decline a refund/credit if the goods are not in original condition or if they are returned outside the 7 day time frame.
All requests for proof of delivery must be received within 7 days of order date. To request a claim or return, contact us and we will be happy to help you.
The Consumer Guarantees Act 1993 (New Zealand) applies only to consumer purchases. If you acquire, or hold yourself out as acquiring, for the purposes of a business, any goods or services to which these Terms and Conditions apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) will not apply to our supply of such goods or services.
In these circumstances the only warranty offered by Booma other than as required by New Zealand law (express or implied, or otherwise) is the manufacturers warranty accompanying the goods and you will indemnify us against any failure by you or your customers to properly contract out of liability to business end consumers under the Consumer Guarantees Act 1993 (New Zealand).
Where there is no warranty offered/or available from the manufacturer on the goods being sold then this will be clearly stated on the web site for the specific items being offered for sale.
Our total liability to you in relation to any faulty goods or services is limited to the price of those goods or services. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
Risk in the goods will pass to you, the customer, upon delivery to you or to the address specified by you. Pending cleared payment in full of all monies due under this contract or in respect of any other monies owed by you to Booma the goods will remain the sole and absolute property of Booma as legal and equitable owner.
Payment for goods and services on our website can only be made by Internet banking or by credit card (we accept American Express, VISA, MasterCard, and Diners).
Your credit card will be charged at the time when you submit your order.
Please refer to the Internet banking instructions in your confirmation email for your order to ensure that accurate details of our bank account and the accompanying information are supplied to your bank.
Please note that delivery cannot be commenced before Booma receives the total amount of the order in our bank account.
Booma takes no responsibility for Internet banking payments that do not reach our bank account – if your payment is directed to a bank account other than Booma, please contact your bank to resolve the issue.
We may send you a reminder email if we do not receive your Internet banking payment after five working days. We will confirm by email when we receive your Internet banking payment and your order is being shipped.
Booma will endeavour to fill and dispatch all orders received via the secure site by the end of the next business day after receipt of the order, except where the product ordered is not available, in which case you will be notified and will have the option to cancel, vary the order or wait for the product to become available.
Web Site Operating Terms and Conditions
Booma will not require the setup of a login and password to use this site. However, you may opt to have us store your personal details, not including your credit card details, to speed up subsequent purchases.
Information supplied to Booma using the website will be used to fulfil and administer customers' orders, and may be used to promote Booma products and services by communicating directly with you.
When you order from Booma we will gather personal details from you such as your name, billing address, delivery address, postal code, phone number, email address and credit card data.
Personal credit card details will not be stored on the Booma web site – if you make another purchase you will have to re-enter these details to complete a credit card purchase.
If you opt to have us save your personal information, other than credit card details, against your email address, this is stored in a secure and responsible way and is not available to unauthorised persons. We will retain this information to assist you with repeat visits. Should you wish to amend or delete certain details in the information that is held about you, you may edit this when you make subsequent purchases.
Any contact or credit card details you send us will be processed through a secure page, marked on the page with a padlock symbol. Should you wish to check the Security ID Certificate for the page, click on the padlock to view the page's secure properties. Contrary to popular opinion, websites that employ security features like ours, offer you more effective protection than most offline merchants that accept physical credit cards.
You must take your own precautions to ensure that the means you employ to access this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with you accessing the Internet to view this website.
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Booma is not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites including further links contained on those linked websites, unless and to the extent stipulated to the contrary.
You may not do any of the following on or in relation to the Booma site:
1. publish or distribute material that is defamatory, unlawful, objectionable, obscene or in breach of confidence or privacy;
2. harass, threaten, stalk or abuse others or otherwise violate their legal rights or behave in a manner that causes annoyance or inconvenience;
3. send or receive material protected by intellectual property laws or any other laws unless you own those rights or have received all necessary consents;
4. send material containing viruses or any corrupted data
5, use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website, the delivery of the goods and services, or any network or system underlying or connected to them;
6. use this website or any information or other material from this website for any commercial purpose;
7. remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or
8. copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these Terms and Conditions).
Booma will use all reasonable endeavours to ensure the continued availability of the website (the objective is 24 hours a day, 7 days a week) and the accuracy of the data on the site, but does not warrant or guarantee that the website will be continuously available or error free.
We will make our best endeavours to ensure that information provided through this website is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date. For example (but without limitation):
1. Prices and colours of products may change, and all products are subject to availability;
2. Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
3. While we try to represent products (including colours) accurately, the representation on your screen may be different to the actual product for various reasons;
4. Due to technical or human error, information may be recorded incorrectly or omitted;
5. Some pictures of products include inserts and/or display items which are not included in the price but are used to enhance the product presentation.
We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website, other than as covered under our Money Back Guarantee policy.
We do not accept responsibility for any loss, damages or costs, however caused (including through negligence), damages (including special, indirect or consequential loss or damage), whether in an action in contract, negligence or other tort, which you may directly or indirectly suffer in connection with your use of this website, any linked website or any services available through this website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on any information contained on or accessed through this website, any linked website or any of the services available through this website.
You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access, interception or alteration of your transmissions or data or of the information on your computer or this website. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.
We understand that as a visitor to our website, you may be concerned about your privacy and about any information about you that we gain about you online. We are committed to protecting your privacy and to complying with the Privacy Act 1993 (New Zealand).
We want to make your shopping experience as safe, satisfying, convenient and pleasurable as possible. We take your privacy very seriously. The information which we receive from you is used to process orders, provide you with a more personalised shopping experience and keep you informed. Your information will not be sold or otherwise divulged to third parties without your prior consent.
If you choose to use the site and submit information to us about you for that purpose, you will be taken as authorising us to use that information in the manner and for the purposes contemplated by these Terms and Conditions. If you choose not to provide all of the personal information that we request from you, some of the goods, services or features of the website may not be available to you.
If you opt to retain your personal details on our web site, then that personal information that we collect about you is stored on our web database in Auckland, New Zealand, and its collection, storage, use and disclosure is governed by the terms of the New Zealand Privacy Act 1993. If you visit an area of the website where you are not required to log on, to read, browse or download information, our system will record the date and time of your visit to our site, the pages viewed and any information downloaded. However, our system will not record any personally identifiable information about you.
If you complete an online form on our website, the information that you enter on that form will only be collected if you actually submit the form to us. If you change your mind and do not submit the information, any information you have entered up to that point will not be collected by our system and will be discarded (note that if your browser has an “auto complete” function, it might automatically fill in the form again the next time you visit that page).
If you no longer wish to receive our press releases, newsletter or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by contacting us providing us with your full details.
We may occasionally send you information on products, services, special deals, and promotions, but only if you opt to retain your personal details on our web site.
Booma may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.
We use this information, which does not identify individual users, to analyse trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically collected data to personally identifiable information.
Electronic payments through this site are highly secure. Your credit card details are encrypted, so they cannot be read even in the unlikely event of the purchase details being intercepted. Credit card details are not divulged to the site owner, and are only seen by the payment processing network.
Booma takes every reasonable precaution to protect its users' information. The site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our secure server software is the industry standard and among the best software available today for secure commerce transactions. If you have any questions about the security at our site, contact us providing us with your full details.
You consent to our providing your information to our service providers and to such third parties as we determine is necessary to process your transactions. These third parties may include your credit card issuer for their purposes, and the banking and processing institutions used to validate and process your transactions.
The Booma site may contain links to other sites. Please be aware that Booma is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of every website that collects personally identifiable information. This privacy statement applies solely to the Booma website.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.
Other Legal Stuff
The website is located in New Zealand and all goods and services Booma provides through the website are provided in New Zealand under New Zealand law. The New Zealand courts will have exclusive jurisdiction over any action in relation to these Terms and Conditions and the website. This applies whether the website is accessed from inside or outside New Zealand.
In the event it is necessary for any party to undertake legal action to enforce any of the terms, conditions or rights contained herein, or to defend any such action, or to prevent any breach, then the prevailing party in any such action will be entitled to recover from the other party all reasonable attorney fees, costs and expenses relating to such legal action.
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of or our liability under such a condition or warranty, that condition or warranty will be included but our liability will be limited for a breach of that condition or warranty to one or more of the following (at our option):
1. supplying the goods or services again;
2. supplying equivalent goods or services;
3. repairing the goods;
4. paying the cost of supplying the goods or services again, or of acquiring equivalent goods or services; or
5. refunding the price you paid us for the goods or services.
This exclusion does not prevent you getting a court order you are entitled to that requires us to do anything we have expressly agreed in writing to do for you. It is also not intended to exclude liability arising under statute if, and to the extent that, such liability cannot lawfully be excluded.
Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of Booma or its content suppliers and is protected by International copyright laws and regulations. In addition, Booma owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. Except as expressly provided herein, Booma does not grant any express or implied right to you.
Booma, and other names, graphics, logos, and icons identifying Booma or its products or services are the proprietary marks of Booma. These trademarks may not be used in connection with any product or service that is not Booma's, in any manner that is likely to cause confusion amongst current or potential customers of Booma, or in any manner that disparages or discredits Booma. All other trademarks not owned by Booma that appear on this site are the property of their owners.
These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable licence to use this site conditioned on your continued compliance with these Terms and Conditions.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, licence, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material's owner. As a condition of your use of this site, you warrant to Booma that you will not use this site for any purpose that is unlawful, unauthorised, or inconsistent with these Terms and Conditions, and you agree that this licence to use the Booma website will terminate immediately upon your violation of this warranty. Booma reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.
Booma makes no representation that goods for sale on this site are appropriate or available for use other than in New Zealand.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights. The waiver by Booma of one breach or default under these Terms and Conditions will not constitute the waiver of any subsequent or other breach or default.
If the event that any part of these terms and conditions will be determined to be invalid, unlawful, or unenforceable for any reason, such terms and conditions will be severed from the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
No joint venture, partnership, employment, or agency relationship exists between you and Booma as a result of these Terms and Conditions or your use of this site.