Terms and Conditions
This website is proudly operated and maintained by TOP 10 Holiday Parks Central Office (TOP 10).
We would like to draw your attention to these terms and conditions which apply whenever you purchase goods from us online. Please read them carefully before you proceed with your purchase because they explain important information about the basis upon which TOP 10 will sell goods to you, and the use of this website. Any purchases made are done so on the understanding that you have read, and are bound by these Terms and Conditions.
1 HOW THESE TERMS AND CONDITIONS APPLY
1.1 Access to and use of this website and the products available through this website are subject to the following Terms and Conditions. By using the website, you are agreeing to all of the Terms and Conditions as stated at the time of use. We may amend the Terms and Conditions from time to time, and you are advised to check them regularly for any changes which we make. Your continued use of, or access to the website following the posting of any changes constitutes acceptance of those changes.
We reserve the right to withdraw or amend the services of this website without notice. On occasion, we may restrict access to some parts or all of this website, and we will not be held liable for this restricted access, or if for any reason the website is unavailable for any period of time.
1.3 The online shop section of this website is intended for people who are TOP 10 Club Members. The website is designed to comply with New Zealand law. You may be viewing the website in a market in which we do not commonly sell our goods and we cannot be held responsible for non-compliance with any local advertising or other laws in relation to this website or its contents. We may restrict access to some parts of the website to users who have not registered with us, or are not TOP 10 Club members.
Linking to our website from other websites remains at the sole discretion of TOP 10 and we reserve the right to require the cessation of providing links to our website at any time. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
1.6 The copyright and other intellectual property ownership rights in this website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by TOP 10. You must not yourself, or allow anyone else to publish, copy, distribute or modify any of the content of this website. Anyone may view this website and print pages from it for personal use only, for browsing our products and placing an order with us. Any other use is strictly prohibited without our prior written consent. It is expressly forbidden to make any copy or copies of any material included on the website for any business related use whatsoever. It is also not permitted in any way to copy, reproduce or use any trademarks, logos or brand names which appear on the website.
2 TERMS OF SALE
The website displays goods advertised for sale and provides information about them. If you place an order TOP 10 is not obliged to accept that order. You may include any number of items within a single order, subject to any restrictions set out in these terms. Only certain products will be purchasable by customers that are not TOP 10 Club Members. TOP 10 Club Members will have to set up an account to be able to purchase the products on this website at TOP 10 Member prices. Savings available to Members are based on a discount off the manufacturers Recommended Retail Price (RRP) and at no time does TOP 10 guarantee that its prices will be the cheapest in the market place, particularly when other Retailers are conducting sales. We reserve the right to refuse to supply goods to any person, in particular if that person is not eligible to receive the TOP 10 member discount. Any variation of the contract and order must be confirmed in writing by TOP10.
By purchasing products from TOP 10 on this website, ("TOP 10", "we", "us", "our") or using this website, the purchaser (the "Customer", "you", "your"), agrees to the following terms and conditions of sale (the "Terms"). All orders are subject to availability and confirmation of the order and price of the goods.
2.1 Consumer Protection and other legislation. The provisions of the Consumer Guarantees Act 1993 and any mandatory legislation that legally applies will apply to any purchases made through this website. Any dispute or claim shall be subject to the exclusive jurisdiction of the New Zealand courts.
2.2 Liability. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, TOP 10 and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect TOP 10’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
2.3 Address. If a product is found to be mis-addressed by TOP 10 the costs associated with the re-delivery, replacement or refunding of the product will stand with us. If the Customer is found to have given an incorrect or insufficient address, then we will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.
2.4 Prices, Payment and Title. All prices shown are inclusive of GST, and are shown in NZ Dollars (NZD). Delivery of goods may incur an additional cost, and will be displayed in the Total Cost.
Please check your shopping cart and the order confirmation to ensure that your order includes the items, quantities, colours and sizes or other variations that you intended to order. If you realise there is a mistake in your order, please contact us immediately so that we can take corrective measures to ensure that the right order is dispatched.
Our available payment methods will be presented at the time of purchase. In order to purchase from TOP 10, you must be over 18 years of age, and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the card used to place the order, and that there are sufficient funds to cover the cost of the goods. TOP 10 retains title for the products purchased until payment is received in full.
All credit card holders and charges are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept your order and will not be liable for any delay or non-delivery. Full payment must be received before the goods will be dispatched.
Advertised prices may fluctuate and may be subject to changes on overseas exchange rates. Member savings are calculated off the full RRP provide by the product supplier and not off any retail/sale value available in the market place. If we have insufficient stock of goods, we will notify you and your credit or debit card transaction will be cancelled and you will not be charged. We will do this as soon as possible and no later than three (3) working days from the order being placed. TOP10 will not be responsible for any compensation if goods which you order are not available for any reason.
TOP 10 reserves the right to validate the names, address and other details supplied by you against commercially available records. We may also use third parties to do this. Information which you provide to us may be disclosed to a registered credit reference agency which may keep a record of the information. By placing an order with us you agree to such checks. These measures are taken to protect you and to ensure that your online shopping experience with us is as secure as possible.
2.5 Pricing errors. Although we do our best to ensure prices, details and descriptions stated on this website are accurate, errors may occur. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase. If we discover an error in the price of the goods ordered we will inform you as soon as possible, and provide you with the opportunity to reconfirm your order at the correct price or alternatively, to cancel it. If we are unable to contact you, we will consider the order cancelled. We reserve the right to refuse to fill any orders that you may place that contain errors or inaccuracies, including inaccuracies or out of date information.
2.6 Returns and Refunds. If you receive goods that are the same as the items included in the order confirmation but are different to what you intended to order or they do not fit, we will exchange them for you or provide you with a credit. Please note we will not reimburse you for your shipping charges in returning goods to us. We will provide a credit or deliver a replacement product immediately upon the receipt of the original items.
You may return any item you purchase if it is returned to us in new condition with original packaging.
Please send it back to us (carefully packaged) within 10 days of receiving the goods. Please include the original purchase information, and a completed Returns/Warranty Form, so we can organise a speedy exchange, repair or refund. We will contact you, so please ensure you include your telephone number, and email address. While we do not cover your return shipping costs, in most situations, we will ship your replacement product for free.
In the case of a suspected manufacturing fault with the product, please send the item back to us at the address below, including the purchase documentation, and a completed Returns/Warranty Form. Please make sure you include your telephone number, email address and a description of the flaw. Providing photos of the flaw and/or issue will speed up the process, so please provide these where possible. We will either repair, replace or credit the price if we determine it to be a manufacturing fault and covered by Warranty.
We will do our best to let you know the outcome and how long it will take to resolve within three (3) days of us receiving the goods. If it is deemed to be covered by Warranty, we will reimburse any freight charges incurred.
Please be aware we cannot accept responsibility for product damaged by wear and tear.
Please also see our Delivery and Returns Policy.
All returned goods should be sent to:
TOP 10 Returns
303 Blenheim Road
If you return goods to us for one of the reasons outlined above we will inspect the goods and either replace them, or repair them, or issue you with a credit if it is determined that the returned goods are reasonably accepted by us as defective or faulty or which are otherwise not in accordance with the Contract.
If you return goods to us we ask that you return the goods to us using recorded delivery, so that you have proof of posting. We cannot be responsible for goods that are lost or damaged in the post.
We will comply with our 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 company management.
2.7 Security. We use all reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. We will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
2.8 Special Offers. Special deals and rewards on this site are only valid for so long as they are displayed, unless expressly stated otherwise. We may offer promotional discount codes to specific purchases made through this website. Offers and promotions on the website are subject to availability and may change or be withdrawn at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
The conditions relevant to the Special Offers will be specified at the time of issue. All promotions, competitions discounts will be subject to the following terms and conditions:
- Discounts are off RRP. No further discounts apply. Special prices are not to be used in conjunction with any other offer
- If you use the discount code or special offer in a way that we consider abuses the spirit in which the promotional code or discount was issued, we will exercise our right to cancel or withdraw the code at any time, without prior notice.
2.9 Cancelling Orders. TOP 10 reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where we believe the order is fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing, or the purchaser not being eligible to the TOP 10 member discount. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).
2.10 Overseas Delivery Address. TOP 10 does not deliver any products sold on this website to overseas addresses. TOP 10 only delivers to NZ addresses until stated otherwise.
2.11 Delivery Estimates. TOP 10 makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. If you order more than one product, we do not guarantee that all goods will be delivered to you in one delivery and we reserve the right to deliver in instalments. The delivery method which we use may vary depending on the nature and number of the goods, and the location to which the goods are being delivered. We shall select what we think is the most appropriate delivery method. By placing an order, you agree not to hold TOP 10 liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
2.13 Gift Vouchers. TOP 10 Gift Vouchers can be redeemed at any TOP 10 Holiday Park in New Zealand. Visit www.top10.co.nz for details of all the TOP 10 Holiday Parks. TOP 10 Gift Vouchers are issued by and remain the property of Top Ten Group New Zealand Limited. This Gift Voucher can only be used to purchase accommodation and selected other items at TOP 10 Holiday Parks in New Zealand. Redemption of accommodation is subject to availability and once the Gift Voucher has been redeemed the terms and conditions of the relevant Park apply. The Gift Voucher may not be redeemed or exchanged for cash. The Gift Voucher must be presented at time of payment to be redeemed. If your purchase exceeds the value of your Gift Voucher, you must pay the difference to the Park. If your purchase is less than the value of your voucher the difference will be refunded to you. If the Gift Voucher is lost, stolen or destroyed, cannot be replaced or refunded. The Gift Voucher must be redeemed within 12 months from date of purchase (validity period). Any Gift Voucher not used within the validity period will be void and of no value. Gift Vouchers are non-transferable and can only be redeemed by the person whose name appears on the front side.
TOP 10 would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.
The information on this website is provided "as is" and for general information only. TOP 10 has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and TOP 10 does not guarantee that the website will always operate or be error free.
TOP 10 will not be in any way responsible to you for a failure to sell goods which you wish to buy or otherwise for a failure to comply with our obligations under the Contract or any costs or liabilities which you incur as a result of any circumstances beyond our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
The contract between us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the contract or appoint third parties to assist us in performing our obligations at any time provided that this will not reduce our obligations to you.
If any clause of this contract is found in any way to be void by a Court or other competent authority then all other clauses of the contract will continue to apply.
This contract is subject to New Zealand law and both parties agree that any dispute arising under or connected to it will be decided by the New Zealand courts.
No changes to the contract will be binding unless both parties agree to them in writing. We may amend these terms at any time and without notice to you. Any change will take effect immediately after being posted on the website and will be deemed to be accepted by any person who uses the website. Where you have already placed an order which we have accepted, the contract will remain subject to the version of the terms which were in place at the time your order was placed.
Accordingly, to the maximum extent permitted by law, TOP 10 does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.
1 PRIVACY STATEMENT
TOP 10 is committed to:
- Ensuring the privacy of your information; and
- Holding all personal information collected by us in accordance with the requirements of the Privacy Act 1993 and any other applicable privacy legislation.
- Personal information submitted on this website ("Site") (e.g. where you make a purchase); and
- Any information automatically retrieved during visits to this Site.
TOP 10 Holiday Parks Group
PO Box 9088
2 COLLECTION, USE AND RETENTION OF PERSONAL INFORMATION
2.1 Visitors. You may browse and access information contained on this Site without providing personally identifiable information.
2.2 Collection of personal information. TOP 10 collects personal information (for example an individual's name, address, and information about the items you have purchased) through this Site when you make a purchase. Such information is collected for the purpose of administering your account, processing your purchases, delivering the items purchased to you, for our own internal records, and for contacting you in relation to your purchase or sending you information about goods and services that we think you may be interested in (including by electronic message). It is important that any information given to us is accurate, up to date, complete and not misleading.
2.4 Use and disclosure of personal information. We will hold all personal information collected through this Site in accordance with the requirements set out in the Privacy Act 1993. In particular:
- Personal information will be used only for the purposes for which it is collected, and will be retained only for as long as is necessary to fulfil the purposes for which the information was collected (including any time that we are required by law to retain such information).
- Other than as set out above, we will not release personal information to any third party except where required or permitted by law, where the individual has authorised us to do so or where disclosure is connected to the purpose for which the information was collected.
- Under no circumstances will we sell or rent out your personal information to third parties.
3 ACCESS TO, EDITING AND DELETING PERSONAL INFORMATION
3.1 Access. You can ask to see the personal information that we hold about you at any time by writing to us at the address set out in clause 1.4 above.
3.2 Editing and deleting. You may also ask us to correct, alter or delete any personal information that we hold about you by writing to us at the address set out in clause 1.4 above. You can also amend your details (such as name and address) by logging into your account on the Site.
3.3 Opting out of electronic communications. You can opt out of receiving communications from us by selecting to unsubscribe to the emails, or by contacting us.
4 INFORMATION AUTOMATICALLY RETRIEVED WHILE VISITING THIS SITE
We automatically collect statistics about people visiting this site to improve our site and monitor traffic. Such collection does not identify individual users and does not result in personal information being collected or stored about you.
TOP 10 has used all reasonable efforts to prevent unauthorised access to personal information, maintain data accuracy and ensure appropriate use of any personal information. However, you acknowledge that the internet is inherently insecure, and TOP 10 cannot prevent and is not responsible for, interception or "hacking" of information transmitted through this Site by unauthorised third parties.