Terms And Conditions

This use of this website and terms and conditions is governed by New Zealand law.

The Customer shall not hold Bombay Bazaar accountable for any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the Customer. Bombay Bazaar shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Bombay Bazaar, even if Bombay Bazaar has been advised of the possibility. In no case shall Bombay Bazaar’s maximum liability exceed the cost of the original order.

Bombay Bazaar will comply with its obligations under the Consumer Guarantees Act 1993 or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of our management team. Refunds will not be given for a change of mind or personal preference related reasons.

4.1 Cancelation and Modification of Orders: Bombay Bazaar possesses the right to withdraw orders for any reason or to cancel the purchase agreement even after the order is confirmed (regardless if payment for the order has been made), including (but not limited to) where Bombay Bazaar believes the order to be fraudulent or intended for misuse or where an error has occurred relating to but not limited to pricing or stock level. If Bombay Bazaar does cancel an Customer’s order or purchase agreement, no liability for any resulting damages or costs suffered by the Customer will be accepted; however Bombay Bazaar will provide an adequate notice stating the order has been cancelled, and will refund the purchase price to the Customer (where it has already been paid).Customers will be offered the option to cancel or modify an order without a charge if a product is out of stock or if there has been an error in pricing on the website, or up until such a time that the order has not yet been packaged for delivery. The Customer must pay any difference in price if an order modification is made. If a Customer wishes to cancel an order after the order has been packed, the Customer will be charged a cancellation fee. A Customer cannot cancel an order once the order has been sent for delivery from the Bombay Bazaar warehouse and is in transit.

4.2 Damaged Goods: Bombay Bazaar undertakes several measures to ensure that all goods delivered to Customers are appropriately packaged. If a Customer receives damaged goods, we will allow a return of the damaged goods and offer a full refund or replacement if proof of damage can be provided within 24 hours of them receiving the order. The Customer is responsible for arranging there-delivery or any related costs of returning the damaged goods to us. If further investigation deems the shipping company responsible for the damage, then the shipping company will be liable for reimbursing the Customer for the returning costs if such an insurance policy is in place. No damage claims will be considered after 24 hours following the Customer’s receipt of the goods.

4.3 Delivery of Incorrect Goods: If goods which do not match the order placed by the Customer are delivered by Bombay Bazaar, the Customer may either return the goods at the cost of Bombay Bazaar and request a refund or keep the incorrectly delivered goods. If the Customer chooses to keep the incorrectly delivered goods, Bombay Bazaar will make no adjustments to the charges applied for the good and will not be required to offer any reparation.

4.4 Misaddressing: If Bombay Bazaar misaddresses a product they shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an erroneous, outdated or insufficient address, then Bombay Bazaar will not be held liable and will not refund or resend the product and all responsibility for correcting delivery must be borne by the Customer. It is the Customer’s responsibility to notify Bombay Bazaar of any address changes before an order is placed so delivery can be made to the correct address.

4.5 Refund of Clearance Products: Clearance products purchased at a discounted price (including but not limited to products displayed in the clearance section on the website and/or labelled as ‘past best before’ or ‘short dated’) will not be refunded if the Customer wishes to return them due to the reason that they are past the best before date or short dated as Bombay Bazaar clearly states if a product is past best before or short dated. Products past best before or short dated are sold at a discounted price and are still safe to consume and legal to sell, it is solely the consumers choice if they wish to purchase the discounted product.

Bombay Bazaar holds title in the products purchased until Bombay Bazaar receives fullpayment for the products and any applicable delivery/courier/handling charges.Once the Customer’s order has been delivered the Customer holds completeresponsibility and risk for the products.Bombay Bazaar holds title in the products purchased until Bombay Bazaar receives fullpayment for the products and any applicable delivery/courier/handling charges.Once the Customer’s order has been delivered the Customer holds completeresponsibility and risk for the products.

Payments through this website are only accepted via valid debit orcredit cards by Bombay Bazaar.EFTPOS, cash, cheque, voucher or any other form of payment is not accepted. AnyCustomers’ payment details are not stored on our servers. All transactions arecarried out using a third-party payment gateway. Bombay Bazaar uses “PayStation” to securely authorisecredit card payments before any charges are made. For information regarding“PayStation” and how it encrypts and processes transactions, please visit theirwebsite.

Prices and special prices on products displayed on our website may differ or not be available in-store and vice versa. The special deals and offers on this website are only available for as long as they are advertised for or while stock lasts, unless stated otherwise. Limits may apply to some products if they are on special or if they are a high density product. This is to ensure we can cater to all our customers and your parcel does not exceed the maximum courier weight restrictions.

The prices for products for sale on this website areshown in and payable in New Zealand dollars (NZD) and are inclusive of New Zealand Goods and Services Tax (“GST”). All purchases will be charged GST for New Zealand delivery addresses unless otherwise discussed and confirmed with representatives/management at TOK INC LIMITED t/a Bombay Bazaar in writing.

Errors do occur occasionally, even though we do our best to ensurethat prices and other content displayed on this website are accurate. If orwhere an error in pricing occurs (subject to applicable law that cannot beexcluded), we will not be bound by the incorrect pricing stated and reserve theright to correct the error and charge the rectified price or cancel theCustomer’s purchase. If we choose to charge you the rectified price, you willbe alerted of the change and will be given the option to pay the differencebetween the incorrect price and the rectified price, or receive a refund,according to the Customer’s individual case. Bombay Bazaar will not be held liable for any director indirect damage or loss that results from errors or inaccuracies in thiswebsite’s content including pricing.

Any credits issued by Bombay Bazaar are valid for 12 months from the time they are issued. After this time periodthey will be invalid and expired, making them unusable towards purchases. Anycredit remaining is non-refundable. Bombay Bazaar credits are not available for use in conjunction withorders made through the online shopping method on this website. In order to usecredits, you must contact management at Bombay Bazaar.Any credits issued by Bombay Bazaar are valid for 12 months from the time they are issued. After this time periodthey will be invalid and expired, making them unusable towards purchases. Anycredit remaining is non-refundable. Bombay Bazaar credits are not available for use in conjunction withorders made through the online shopping method on this website. In order to usecredits, you must contact management at Bombay Bazaar.

The Customer will stand as the importer of goods for any ordersshipped outside of New Zealand and will be responsible for all customs importduties and sales tax charges applicable to their import. These charges may bedifferent in each country and are outside of Bombay Bazaar’s grasp. Customers are advised tocontact their local customs office for detailed information on what importduties or sales taxes may be imposed on their purchase. Customers purchasingfrom out of New Zealand must have first contacted and discussed the possibilityof the purchase and have received a confirmation from a Bombay Bazaar representative before placing anorder as prices and shipping costs may vary.

Business customers must agree that when products are purchased for the purpose of a business, to the extent permitted by law, the Consumer Guarantees Act 1993 or equivalent consumer protection legislation does not apply to the business transaction.

Subject to any applicable law thatcannot be excluded, the Customer acknowledges that Bombay Bazaar does notwarranty any appliances or kitchenware sold to Customers under these Terms andConditions.

Bombay Bazaar is highly committed to adhering to the principles of the PrivacyAct which have standards for the collection, access, storage and use ofpersonal information which our website obtains to operate our business’sprocedures. We have the utmost respect for our Customers’ right to privacy oftheir personal information and have policies and procedures in place to ensurethat all personal information obtained, is handled sensitively and securely inaccordance with the Privacy Act principles.

Many factors are in place by Bombay Bazaar to ensure this online shopping website,any transactions that occur through it, and any information shared via thewebsite are secure. However, the Customer must acknowledge that the security ofinformation and payments transmitted via the Internet can never be fully secureor error-less. Therefore, BombayBazaar will not be liable for any damages suffered due to the failureof, any delay in, interception or manipulation of electronic communications bythird parties on any computer programmes (e.g. virus transmitters).

Shipping is available to mostlocations in the South Island in New Zealand. Appropriate delivery charges willapply to all couriers depending on weight and destination. The shipping chargewill be declared at the checkout once you enter your delivery address. Deliverytimes are stated on our delivery information page. Please note delivery timesstated are approximate. Rural deliveries can take a minimum of up to twoadditional days. Rural delivery areas are defined as those outside urbanboundaries and may include any address with an RD.

16.1 Delivery Charge: Delivery charges are stated on our deliveryinformation page. Please note these charges may be updated at any time. Ordersweighing over 25kg may incur an additional charge due to courier weightrestrictions.

16.2 Fresh Produce, Chilled and Frozen
Products Delivery Policy: Chilled products and frozen products are packagedsecurely in insulated packaging. Fresh produce will be packed appropriately.These products must be ordered at Customer’s risk and are delivered atCustomer’s risk. No refund/returns will be issued if there is any damage or ifthe goods have perished. Bombay Bazaar will ensure the goods are in a qualitystate before packaging but we cannot be held responsible for the goods oncethey are out of our possession. Due to the high perishability of these productswe cannot provide any guarantees.

Bombay Bazaar will not be responsible for any loss or damage incurred to theCustomer, directly or indirectly arising out of or in connection with any delayor failure to perform our obligations in the case where such a delay is beyondour control.

Bombay Bazaar permits you to access, view and download the content appearing onthis website, for your personal, non-commercial use only. However, we reservethe right, at our absolute discretion, to terminate any application forCustomer registration on our website for any reason we may deem worthy, or toterminate an existing Customer’s account if they violate our terms andconditions. Without clearly expressed written permission of Bombay Bazaar, any websiteusers may not use any device, method or software to interfere with the correctfunctioning of this website including, but not limited to: spiders, robots,avatars, agents, data mining, gathering or extraction tools and attempts toprobe, scan or test or breach security and authentication measures. If awebsite user or any person/s externally connected with our website is found tobe causing interference of any form and kind to our website they will be heldaccountable for reparation costs and any amount of additional costs for anyloss of business or public image that may have occurred resultantly

Bombay Bazaar reserves the right to use third-party web-analytic services tomeasure website user activity on their website. No private Customer informationis collected from the Customer in this process.

This website may contain links to other websites operated by third parties that have no connection to TOK INC LIMITED t/a Bombay Bazaar. TOK INC LIMITED t/a Bombay Bazaar is not liable for those websites or any content or information such websites contain.

Like most website, this website may use “cookies” which are elements of data that this website can send to the Customer’s browser, which may be stored on their system. Cookies do not necessarily need to be enabled to use the online shopping method on this website, however, some information or services may not be available or displayable if the customer’s browser is set to not accept cookies.

All Customers using this online shopping website authorise Bombay Bazaar to use theCustomer’s personal information to assess their user registration applicationin order to carry out any transactions with the Customer, to exercise any legalrights Bombay Bazaar hasagainst the Customer, to communicate any promotional advertising material, forenhancing and improving this website to provide a better experience for theCustomer/user.

By using this website, all users agree that the content theyaccess, view and/or download from/on this website and the software used toproduce it, solely remains the property of Bombay Bazaar or its Licensors as defined by NewZealand and International Intellectual Property Laws, which include but are notlimited to Copyright and Trademark laws. All website users agree to not tochange the content on this website including the terms and conditions in anymanner or sell/pass on content to third parties. Bombay Bazaar’s logo is a registered trademark of Bombay Bazaar in New Zealand.Brand names/images of BombayBazaar displayed on this website are trademarks of Bombay Bazaar and must not beused by anyone else without permission from Bombay Bazaar.

When you make an account with Bombay Bazaar you consent to receiving electroniconline communication from BombayBazaar. These communications may contain order updates, account updates,promotional material for marketing, other information relating to the service.Please note that Customers' personal details will not be passed on to anythird-party organisations.

Bombay Bazaar follows the copyright of others. If you believe that data is usedin Bombay Bazaar’sproduct catalogue in a manner that constitutes an infringement of yourcopyright under applicable copyright legislation, please communicate yourconcerns to us at info@bombaybazaar.co.nzor at 328 Tuam Street, CBD, Christchurch, New Zealand 8022.

Bombay Bazaar is the name that will
appear on your statement.

Website users must acknowledgethat they have read and accepted all the terms and conditions stated and thefollowing disclaimer: All content displayed on this website is provided forCustomers as general information for the benefit of users.Errors/omissions/discrepancies in this website and content/information on itmay occur on some occasions. Bombay Bazaar does not guarantee that this websitewill always be error less or smoothly operating for every user. In regards tothe maximum extent permitted by law, Bombay Bazaar does not accept anyliability for any loss/damage which has directly or indirectly resulted fromany content or information published/contained/displayed on this website or ifa user is unable to access the website on any occasion.