- Introduction
TheMarket is a New Zealand-owned and operated online shopping platform (Platform). You can use our Platform to buy a wide range of products from third party retailers and suppliers (Merchants). We connect you to Merchants, who pay us a commission for each order you make on the Platform. While we operate the Platform, when you are buying products on it, you will be transacting directly with Merchants, and TheMarket is not a party to these transactions.
By using the Platform (and any of our associated websites, Apps or social media pages), you accept these terms and conditions (Agreement) and our Privacy Policy. We may change these terms at any time, and changes will be posted on the Platform. We will notify you where there are any material changes to these Customer Terms. By continuing to use the Platform, you agree to be bound by any changes.
To the extent that Merchants’ own terms and conditions are inconsistent with the terms and conditions in this Agreement, the terms and conditions in this Agreement will take precedence and apply.
- The Platform
2.1 Registration
You must be a registered member to place orders on the Platform. To register as a member, you must be at least 18 years old and have a current New Zealand residential address. You will also need to provide us with personal information including your name, address and a valid mobile phone number. You are responsible for ensuring this information is up to date at all times.
We may disable your registration at any time if we believe that you are not using TheMarket in an appropriate or reasonable way.
2.2 Use of the Platform
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re-secure your account.
Other than connecting to TheMarket through the Platform, you must not gain or attempt to gain access to TheMarket’s servers. You agree not to disrupt, modify or interfere with the Platform and its associated software, hardware and data in any way.
We do not warrant that the Platform will be available at all times and without disruption. We may make changes to the content on the Platform at any time without notice.
The Platform has some links to third party websites. These sites have not been prepared by us and are not under our control. Any third party links are only provided as a convenience and we are not responsible for the content or availability of any of these links.
2.3 Placing orders on the Platform
Information about products on the Platform is based on material provided by Merchants. We cannot be held responsible for incorrect information supplied by Merchants and you agree to make your own enquiries to verify information and assess the suitability of products before placing an order. We also note that due to photographic and screen limitations, some actual products may differ to a small extent in visual appearance from the way they appear on the Platform. Any information contained on our Platform (and any of our associated websites, Apps or social media pages) constitutes an invitation to treat only and is not an offer by us to supply any products.
To order a product, add it to the shopping cart and proceed through the checkout process. You will be required to enter payment information, which, if successfully completed, will lead to a confirmation page (which you can use as a receipt of your order). Once you complete an order (including payment), it will be sent to the Merchant who will confirm whether your order has been accepted or rejected. If the Merchant rejects your order, you will be refunded in full.
You can select to have your order delivered to one of our many MarketPoints (for Order Pickup, and Returns) throughout New Zealand. To do so, when completing your order, select "MarketPoint" and choose the MarketPoint from which you would like to collect your products. The associated delivery costs for the order will be displayed to you before you make payment.
Some products on the Platform carry an age restriction. If a product you have selected is age restricted, you will be required to confirm that you are an appropriate age to purchase the product. Confirming this means you represent to us and the Merchant that you are of an eligible age and that you are not purchasing the product on behalf of a person who is not the appropriate age. The Merchant may require you to confirm your age upon delivery of your products.
2.4 Cancelling Orders
We reserve the right to cancel orders that we believe to be placed for commercial purposes or are fraudulent (including where we believe there may have been credit card or a payment related fraud). We may also cancel orders where there has been an error in the listing of the product (e.g. an incorrect price). If we cancel your order, you will be refunded in full.
TheMarket has a “no regrets” policy which allows you to cancel your order (or part of your order) at any time for any reason before the Merchant has dispatched your order. Where you have cancelled your order (or part of your order) under our “no regrets” policy, you will receive a full refund of any payments you have made for that order (or part of that order). You will not be able to cancel your order under the “no regrets” policy once it has been dispatched by the Merchant.
TheMarket has a “change of mind” policy, which allows you to return any products you have ordered within 30 days of receiving them and get a refund. Any products returned under our “change of mind” policy must be returned in their original condition and packaging (e.g. with any tags still attached). Our “change of mind” policy does not apply to hygiene products (such as underwear, swimwear and earrings), perishable products (such as alcohol), or products capable of copyright infringement (such as CDs, DVDs and gaming software).
2.5 Promotions and Offers
Where you have applied a conditional promotion to an order (e.g. free shipping or a % discount for spending above a certain amount), and the order (or part of the order) has been cancelled or refunded, the terms in this clause will apply.
You cancel the order: where you cancel your order (or part of your order) under the “no regrets” policy, conditional promotions will be automatically reversed if the remaining order value no longer qualifies for the relevant promotion.
The Merchant cancels the order: where the Merchant cancels your order (or part of your order) e.g. because the Merchant is unable to fulfil your order, conditional promotions will not be reversed (even if the remaining order value no longer qualifies for the relevant promotion).
You return the order: where you return your order (or part of your order), conditional promotions, but not any free shipping promotions, will be automatically reversed if the remaining order value no longer qualifies for the relevant promotion.
2.6 Pricing
All prices listed on TheMarket are in New Zealand dollars and are inclusive of GST. Please note that prices may be altered on the Platform at any time for any reason. Delivery charges may be listed separately.
International Merchants:
- Where orders are delivered from merchants located outside New Zealand, they may be subject to duties or other charges. You will be responsible for paying such duty or other charges and acknowledge that delivery of orders may be delayed where payment of such duty or other charges is required, you may reject the notice to pay tax and duty, reject the order and will be refunded in full. Please note that prices may be altered on the Platform at any time for any reason. Delivery charges may be listed separately.
2.7 Payment
We currently accept the following credit cards: Visa and MasterCard.
TheMarket offers you the option of paying for your products through ZIP. ZIP is an external service provider and is not part of TheMarket or a Related Company. There are no initial fees applicable to you for using the ZIP service. Some fees may apply if you default on a payment. For ZIP’s FAQ’s and full Terms and Conditions please go to https://zip.co/nz. Credit criteria and credit checks apply to the use of the ZIP service. The ZIP service may be used for purchases with a value of between $50 to $1250, though it is possible that higher value items could also be purchased subject to a variable initial payment. Details of payment schedule will be presented as part of the checkout process. Product Exclusions – Gift Cards, iTunes cards, Gaming Cards and any other products in this category are not able to be purchased using the ZIP method of payment.
In order to be eligible to use the ZIP service you must:
- be over 18 at the time of your purchase;.
- be a New Zealand resident; and
- have a current New Zealand Driver’s Licence and a New Zealand debit or credit card. If you do not have either of these, please contact ZIP directly at https://zip.co/nzto discuss further options.
We note that where any payments made to Merchants are made in a currency other than New Zealand Dollars, we will pay the Merchant based on a market Foreign Exchange Rate on the date of payment, and may keep any gains made as an FX margin.
- Your Order
3.1 Transacting with the Merchant
As noted above, when you order products on the Platform, you are transacting directly with Merchants. To the extent permitted by law, TheMarket makes no warranty or representation regarding the standard or description of any products to be supplied by the Merchants. Merchants are the 'supplier' of the products under the Consumer Guarantees Act 1993 and are responsible for all statutory guarantees and warranties (if any).
3.2 Delivery of your order
Delivery times are set by Merchants and therefore vary depending on which Merchant you are buying from. After placing your order, you will be able to track its progress by logging into the Platform which will either display the progress of your order, or provide a link to the relevant carrier’s site (on which you can check your order’s progress).
To ensure successful delivery, you must provide a delivery address where someone will be present during business hours. The Merchant will not be liable for late delivery where attempted delivery has occurred on or before the relevant delivery timeframe.
Where you have selected delivery to a MarketPoint, we will notify you when your order has arrived, and you will have 10 working days to collect it. If you do not collect your order from the MarketPoint within 10 working days, the order will be returned to the Merchant and you will receive a refund for the amount of your order.
3.3 Returns and Refunds
All products sold on TheMarket are likely to come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. If you believe that you have a claim under the Consumer Guarantees Act 1993, you may have the right to a replacement or a refund. Please see our Buyer Guarantee which outlines the process to follow if you believe you have the right to a replacement or refund, or if you think your goods have been damaged or lost during delivery.
As set out in the Buyer Guarantee, you must lodge any complaint you may have through our Platform. Once your complaint has been lodged, we will liaise with the relevant Merchant to resolve your complaint. TheMarket attempts to resolve complaints as quickly as possible and relies on you to promptly provide all the information needed to resolve your complaint.
If free shipping has applied to you order, and you return the item due to change of mind, the original shipping amount, at the merchants discretion, may be deducted from the return refund.
3.4 Consumer Rights / Liability
Our Buyer Guarantee sets out our standard process for handling certain claims under the Consumer Guarantees Act 1993, however, nothing under clause 3 (or our Buyer Guarantee) is intended to have the effect of restricting or modifying your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other obligations that cannot be restricted or modified by law.
- 4. General Terms
4.1 Privacy
We are committed to protecting your privacy. By accessing and using the Platform, you consent to the collection, use, storage, and disclosure of your personal information in accordance with our Privacy Policy. When making any purchase through the Platform you acknowledge and agree that we may disclose your personal information to the relevant Merchant. Any personal information disclosed to, and used by, a Merchant is governed by that Merchant’s own privacy practices and policies. We accept no responsibility or liability for the privacy practices or policies of any Merchant.
4.2 Intellectual Property
You acknowledge that we are the sole owner or licensee of all intellectual property rights in the Platform and all products listed on it. We hold copyright in all content and elements of our website. You must not copy, alter or reproduce any product, our content or logo, or the Platform (or any part of it), nor permit any person to do so without our prior written consent.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display, and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Platform and developing your ideas and suggestions for improved products we provide.
4.3 Disclaimer
Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (e.g. the Consumer Guarantees Act 1993). Subject to the previous sentence, TheMarket does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any Merchant’s advice, opinion, information, representation or omission whether negligent or otherwise, on the Platform or your use of the Platform. You are solely responsible for the actions you take in reliance on the Merchant’s content on, or accessed through, the Platform.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your breach of this Agreement.
4.4 General
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
The Platform and any use of it is governed by, and is to be interpreted in accordance with, the laws of New Zealand and you and we submit to the exclusive jurisdiction of the courts of New Zealand.
TheMarket is a trading name of The Warehouse Group Investments Ltd, a New Zealand company (company number 6414596). The name that will appear on your payment account will be TheMarket.
4.5 Alcohol
TheMarket is not party to the sale of any alcohol on the platform and is an agent acting for the seller.
The contract for sale is between the merchant and the customer.
Customers must be over 18 to purchase age restricted products including alcohol.
Purchases of alcohol must be signed for by someone over 18 on delivery.
Alcohol purchases may not be collected or returned to any MarketPoint location.
TheMarket coupons are not eligible for purchases containing alcohol.
TheMarket Club Membership Terms & Conditions
TheMarket Club (The Club) is a membership programme of TheMarket. Members of TheMarket Club are eligible for member benefits when shopping on TheMarket.
Free Trial
- To be eligible for a free trial of TheMarket Club, you cannot be an existing member of TheMarket Club, previously been a member of TheMarket Club or previously used a free trial of TheMarket Club.
- To sign up for a free trial of TheMarket Club, you must add either the monthly or annual TheMarket Club membership to your cart and continue the purchase through TheMarket checkout. By checking out with TheMarket Club membership in your cart, you are accepting these terms and conditions. You must provide credit or debit card details at the time of checkout which will be used to deduct future membership payments.
- By signing up to a free trial of TheMarket Club, you will be eligible for TheMarket Club member benefits during your free trial period (i.e. from the day you sign up via TheMarket checkout until your free trial expires.)
- Products which are classed as Bulky Items and are not eligible for TheMarket Club offers.
- You may cancel your free trial at any time from the date that the free trial begins up until 3 days before the trial period expires. If you fail to cancel your free trial prior to 3 days before the end of the trial period, you will commence a paid TheMarket Club membership. This will be charged to your selected payment method(s) either monthly or annually, at the frequency you selected when adding TheMarket Club free trial to your cart.
- TheMarket Club free trial is subject to our ‘Acceptable Use’ policy below.
- TheMarket may, from time to time, provide promotional offers including offers on TheMarket Club memberships, in which case these terms and conditions apply except as explicitly stated on the promotion.
Monthly membership
- A monthly membership entitles you to receive full TheMarket Club member benefits for one month from the date of your TheMarket Club membership purchase.
- Your TheMarket Club monthly membership will automatically renew each month without notice unless you cancel your membership in accordance with these terms and conditions. The date of your next payment will be displayed on your user account on TheMarket.com.
Annual Membership
- An annual membership entitles you to receive full TheMarket Club membership benefits for one year from the date of your TheMarket Club membership purchase.
- Your TheMarket Club annual membership will automatically renew each year with 7 days’ notice unless you cancel your membership in accordance with these terms and conditions.
Membership Payments
- By signing up to TheMarket Club, you authorise TheMarket to store your payment method(s) and to automatically charge your payment method(s) 2 days prior to the renewal date of your TheMarket Club membership (monthly or annually as applicable) until you cancel.
- Methods of payment
When signing up for your TheMarket Club membership or free trial, you must provide TheMarket with details of your credit or debit card. Any charges made to your credit or debit card will be made in New Zealand dollars.
First payment
If you sign up for a free trial with TheMarket Club, we will charge your credit or debit card 2 days before your free trial or promotional period ends unless you cancel your free trial prior to this day. If we are unable to charge your credit or debit card on this day we will attempt to charge your credit or debit card again 24 hours later.
If you are not eligible for a free trial with TheMarket Club, or elect not to have a free trial, we will charge your credit or debit card on the date that you sign up to TheMarket Club.
Subsequent payments
When you sign up with TheMarket Club, you will choose your membership type.
If you choose a monthly membership, we will charge your credit or debit card 2 days before your free trial or promotional period ends (or, if you do not sign up for a free trial, the day that you sign up to TheMarket Club) and each month thereafter until you cancel your membership.
If you choose an annual membership, we will charge your credit or debit card 2 days before your free trial or promotional period ends (or, if you do not sign up for a free trial, the day that you sign up to TheMarket Club) and each year thereafter until you cancel your membership.
- If your stored payment method becomes invalid during your membership period, or if the charge is refused for any other reason, you authorise TheMarket to use any other payment method TheMarket has on file for your user account. If the payment method declines, we will attempt to charge your credit or debit card again 24 hours later.
- If you fail to provide a new eligible payment within the applicable time period, your TheMarket Club membership will be cancelled, and you will lose all TheMarket Club member benefits when your current paid up period ends.
Cancellation Terms
You can cancel your TheMarket Club membership anytime via your user account or by contacting customer support.
- If you cancel your TheMarket Club membership 3 or more days prior to your membership renewing, there will be no charge and your membership will end on your current paid-up period.
- If you cancel within 3 days of your current paid-up period renewing, or after your free trial has converted into to a paid membership, your payment for that renewal period is non-refundable, and your service will continue until the next paid up period ends.
Acceptance of Membership
TheMarket reserves the right to accept or refuse your membership, to the extent permitted by applicable law.
Modification and Termination
- TheMarket reserves the right to change or modify these terms at any time. The updated terms and conditions will be available on TheMarket.com and you will be notified via email. Your continued use of TheMarket Club after a notification of change will constitute your acceptance of any such changes. If you do not agree to the changes, you may cancel your TheMarket Club membership via the user portal or by contacting us via email at cs@themarket.com. In such circumstances, we will give you a pro-rata refund based on the time remaining in your membership.
- TheMarket may alter the price charged for TheMarket Club memberships. Changes to TheMarket Club membership pricing will only take place when your current paid-up period ends and your membership is renewed. We will notify you of any such changes, and you may cancel your membership prior to such changes taking place by contacting us via email at cs@themarket.com or via your user account on TheMarket.
- TheMarket reserves the right to terminate your TheMarket Club membership at any time, without notice where TheMarket chooses to stop providing TheMarket Club services. In such circumstances, we will give you a pro-rata refund based on the time remaining in your membership.
Other Benefits and Supplement memberships
We offer TheMarket Club members the option to add on “supplements” to their TheMarket Club memberships. Supplements are additional benefits above and beyond those offered under TheMarket Club and are offered subject to these Terms and Conditions. To purchase a supplement, you must be a TheMarket Club member. Click here for more information about TheMarket Club benefits & optional supplements.
Acceptable Use Policy
TheMarket may change this Acceptable Use Policy from time to time. Any change to this Acceptable Use Policy shall be considered to be a change of these terms, and, where you do not agree to such change, you may cancel your TheMarket Club membership as described under “Modification and Termination” above.
TheMarket Club membership programme allows members to enjoy member benefits including having shipping costs set to $0 on eligible orders.
Members of TheMarket Club are expected to use their membership (and redeem rewards) in a reasonable manner and in line with regular online shopping behaviour. Member benefits may be restricted to a certain number of orders per month, a certain number of merchants per order, or minimum value thresholds.
You may not share your TheMarket login or TheMarket Club benefits with any other person.
You may not place excessive single-item orders from the same merchant within a membership period. For example, excessive single-item orders would be ordering 20 items from 20 different merchants totalling $45 in one order to obtain free shipping. Another example would be ordering an item from the same merchant every day and receiving free shipping on each item rather than bundling the items into a few orders.
Where we suspect that you are abusing your membership benefits by, for example, sharing your account with other users or other persons, placing excessive single item orders within a short period of time, or otherwise engaging in conduct which TheMarket deems is an abuse of your TheMarket Club membership, we may cancel your membership.
Where we cancel your TheMarket Club membership for abuse of this Acceptable Use Policy or for breach of these terms and conditions, we will give you a pro-rata refund based on the time remaining on your membership.