Adairs — Terms & Conditions

1. Compliance with these Terms and Conditions

Please read these terms and conditions carefully. By using Adairs.com.au you (Site), including any of the functions available on the Site, you agree to bound by, and comply with, these terms and conditions (Terms) and our Privacy Policy.

2. General

2.1 Our Site is a retail shopping (including e-commerce) website where you can browse, select and order goods advertised on the Site from Adairs Limited (ACN 147 375 451), Adairs Retail Group Pty Ltd (ACN 128 287 776) and Adairs New Zealand Limited (NZBN 9429042330905) (‘Adairs’, ‘us’, ‘our’ or ‘we’).

2.2 If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

2.3 Your access to and use of the Site, including your order of goods through the Site, is subject to these Terms and the Privacy Policy which is available on the Site.

2.4 The Terms also apply to the sale of any goods via methods other than the Site, including sales by telephone, in person, via third-parties (including third-party platforms or sites) or other means, unless otherwise agreed in writing.

3. Disclaimer

The information contained on the Site is provided in good faith on an "as is" and “as available” basis. Adairs does not represent or warrant to the reliability, accuracy or completeness of the information contained on the Site. To the extent permitted by law, Adairs is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. Adairs is not responsible or liable in any way for your use of any goods ordered or acquired via the Site.

4. Intellectual Property

4.1 You:

4.1.1 acknowledge that the copyright in the Site, the software, design, text, content, materials and graphics comprised in the Site, the selection and layout of the Site and the goods made available by us on the Site (together, the Material) are owned by or licensed to us;

4.1.2 must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent;

4.1.3 must not, for commercial gain or otherwise, pass yourself out to be in any capacity affiliated with us (as a reseller, distributor or otherwise) or engage in conduct such as selling, re-selling, promoting or marketing the goods available on the Site or in our stores; and

4.1.4 must not frame or embed in another website any of the material appearing on the Site without our prior written consent.

4.2 You may:

4.2.1 store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials and for no other use, including commercial use; and

4.2.2 print hard copies of the content and Materials for the sole purpose of viewing and purchasing Goods but not for any other use, including commercial use.

4.3 This Site, the goods and any ancillary materials or documents owned or used by Adairs in connection with the sale of the goods and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Adairs. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

5. Viruses

5.1 Adairs does not claim that any information (including any files) obtained from or through the Site is free from viruses or other faults or defects.

5.2 You are responsible for scanning any information for viruses.

5.3 You agree that Adairs has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

5.4 If Adairs is found to be liable, this liability will be strictly limited to the cost of supplying (or re-supplying) the information again.

6. Changes to these Terms and Conditions

6.1 If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the Terms that applied at the time you placed your order. We cannot vary the Terms which apply to a given order after that order is accepted by us.

6.2 Subject to clause 6.1, we may change these Terms at any time, and such modifications will be effective as soon as they are posted. The changes or updates may be posted on the Site, our third-party social media or network platforms or you may be notified of same by email. By continuing to use the Site after these Terms have been modified, you agree to be bound by the changes to these Terms.

7. Your Obligations

7.1 You covenant and warrant that:

7.1.1 all information and data provided by you to us through the Site (including, but not limited to, as part of the Linen Lovers registration process) or otherwise is true, accurate, complete and up to date;

7.1.2 the person receiving the goods at the delivery address is authorised by you to do so;

7.1.3 the goods are being purchased for your personal use;

7.1.4 the goods are not being purchased for any use which is prohibited or restricted by these Terms;

7.1.5 you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;

7.1.6 you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;

7.1.7 you are responsible and liable for any person that uses your device and or details to order good(s) through the Site; and

7.1.8 if applicable, you will check the labels on the goods before use.

7.2 You must not:

7.2.1 use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

7.2.2 use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;

7.2.3 make fraudulent or speculative enquiries, purchases or requests through the Site;

7.2.4 use another person’s details without their permission or impersonate another person when using the Site;

7.2.5 post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

7.2.6 tamper with or hinder the operation of the Site;

7.2.7 knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;

7.2.8 use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;

7.2.9 modify, adapt, translate or reverse engineer any portion of the Site;

7.2.10 remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;

7.2.11 reformat or frame any portion of the web pages that are part of the Site;

7.2.12 create accounts by automated means or under false or fraudulent pretences;

7.2.13 use the Site to violate the security of any computer or other network or engage in illegal conduct;

7.2.14 take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

7.2.15 use the Site other than in accordance with these Terms; or

7.2.16 attempt any of the above acts or engage or permit another person to do any of the above acts.

8. Warranty and Liability

8.1 Adairs accepts liability for all legal guarantees and warranties expressed or implied to the transactions under New Zealand Consumer Law or any other legislation (such as the Fair-Trading Act, the effect of which cannot be excluded.

8.2 Where we are permitted by law:

8.2.1 we do not warrant or represent the suitability of the Site or a good that may be available on the Site or in our stores for any purpose; and

8.2.2 we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the good.
8.3 Our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

8.4 Our goods and services come with guarantees that cannot be excluded under New Zealand Consumer Law. Where a major failure with the goods is established, you may be entitled to:

8.4.1 cancel your contract with us; and/or

8.4.2 a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement, but only where major failures with goods have been established. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract and obtain a refund of any unused portion. The foregoing is at all times subject to the provisions of New Zealand Consumer Law bring satisfied.

9. Prices, Fees and Charges

9.1 The prices of goods and delivery and other charges displayed on this Site are current at the time of issue, however, Adairs reserves the right to change prices at any time before we accept an order from you.

9.2 All prices shown on this Site are in New Zealand Dollars (NZD).

9.3 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

9.3.1 the purchase price of each good that is ordered;

9.3.2 the delivery fee for delivering the good to you; and

9.3.3 any other fees and charges set out in these Terms.

9.4 All fees and charges identified in these Terms and all prices for the goods as shown on the Site are inclusive of GST (unless otherwise indicated).

9.5 Adairs may from time to time make available alternate payment arrangements via the Site, including, but not limited to, buy-now-pay-later payment arrangements. You agree and acknowledge that you may be required to agree or subscribe to other terms and conditions as required by any third-party or alternate payment providers.

10. Termination and/or Suspension

We may terminate these Terms for convenience at any time. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site if we reasonably suspect that you have commit fraudulent act and/or you breach these Terms.

11. General Provisions

11.1 If the whole or any part of a provision of these Terms are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.

11.2 These Terms are governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of that place.

12. Linen Lovers Loyalty Program

12.1 Adairs offers its customers and users of the Site the ability to join its Linen Lovers membership program. Adairs reserves the right to refuse any applicants the ability join Line Lovers in its sole discretion.

12.2 By joining our Adairs Linen Lovers loyalty program:

12.2.1 you agree to be bound by these Terms and our Privacy Policy;

12.2.2 you acknowledge that the loyalty program is a paid membership and Adairs reserves the right to require you to pay a membership fee prior to approving or issuing you with your membership;

12.2.3 you will be given the ability to opt in to receive email, mail, SMS and telephone communications from Adairs. After opting in, you may elect to stop receiving communications from Adairs by opting out, you can do so by logging into your adairs.co.nz account or after receiving an email, mail, SMS via the opt out function for the communication. Alternatively, you can send us a message via our contact us form or call 0800 232 477 (free call New Zealand) to opt out.

12.3 Please note when opting out via the unsubscribe link within Adairs promotional emails, you are opting out from email marketing only. When opting out of Adairs SMS communications via the opt out reply function, you are opting out of SMS marketing only. If you elect to opt out, you will still receive service-based communications relating to your Linen Lover membership and account, as well as other information that we are required to send you by law, such as changes to our terms and conditions and notifications relating to your transactions, rewards, and entitlements. To opt out of mail or all other marketing, please send us a message via our contact us form or call 0800 232 477 (free call New Zealand).

12.4 All members/participants in the Linen Lovers program must be residents of Australia or New Zealand.

12.5 Adairs Linen Lovers membership purchased in New Zealand can be used at any Adairs store in New Zealand and at adairs.co.nz.

12.6 To be eligible for Linen Lovers member benefits and exclusive offers instore you must identify yourself as a Linen Lovers member before purchase by presenting your Linen Lovers card. If you are unable to present your Linen Lovers card, proof of identity is required by providing your phone number or email address to verify against your membership account.

12.7 The Linen Lovers card is issued by and remains the property of Adairs Retail Group and is not transferable or redeemable for cash.

12.8 Any discount vouchers issued either at joining or throughout the membership period are not transferable and cannot be redeemed for cash. Adairs reserves the right to implement additional terms and conditions on the use of any discount vouchers or discount codes on the Site (whether via the Linen Lovers program or otherwise). If these Terms and any additional discount voucher or code terms and conditions are not adhered to, Adairs Retail Group reserves the right to cancel your Linen Lovers membership at any time.

12.9 Discounts do not apply to purchase of gift cards (physical or electronic) or bonus offers and may not be used in conjunction with any other offer or discount.

12.10 Adairs Retail Group reserves the right to change or modify the terms of membership included within these Terms at any time without prior written notice and withdraw the card at any time. Adairs will make all reasonable efforts to communicate changes using such methods including, but not limited to the Adairs eNewsletter and the Adairs website.

12.11 The Welcome Voucher will be emailed to you within 48 hours and is valid on your next purchase over A$50 at adairs.co.nz or any Adairs store. The Welcome Voucher cannot be used for payment of laybys and is valid for 30 days from date of issue. Limit of one Welcome Voucher per Linen Lovers member for single use only. Email must be presented for in-store redemption along with corresponding Linen Lovers membership card. The Welcome Voucher is not transferable for cash and cannot be used in conjunction with any other offer or used for the purchase of gift cards.

12.12 Linen Lovers members may receive free shipping benefits but only for Linen Lovers members who are New Zealand residents and the goods are being delivered to an New Zealand address. The Linen Lovers free shipping offer expressly excludes furniture, oversized items, other goods which may be excluded on the Site (including, but not limited to, some rugs and oversized homewares), gift cards and Call & Same Day Delivery.

12.13 Linen Lovers members may receive extended returns up to 90 days, however, this may be subject to change upon prior notice by us and will only apply to purchases 24 March 2020 until further notice. After this period, the return period may revert to 60 days.

12.14 The Birthday Reward is redeemable on your next purchase of $50 or more and is issued once every 12 months and is exclusive to Linen Lovers Program members. The Linen Lover must be opted in to email marketing to receive the Birthday Reward. The Linen Lover must have a valid date of birth in the relevant section of their online Member Profile and / or Linen Lover Account. Must be a valid Linen Lover to receive and redeem. Offer available in-store or online. Cannot be used to purchase gift cards or Linen Lovers Memberships. Single use only. Cannot be used in conjunction with any other offer. Birthday Rewards are issued via email the week prior to your birthday. Valid for 30 days from issue date.

13. Adairs News Subscription

13.1 By subscribing to Adairs news you are agreeing with the following terms and conditions and Privacy Policy. You are opting in to receive email, mail, SMS and telephone communications. To stop receiving communications from Adairs, you can opt out by logging into your adairs.co.nz account or after receiving an email, mail, SMS or telephone communication. If you do not have an online account, you must create one before you can update your preferences.

13.2 If applicable, the eVoucher will be emailed to you within 24 hours and is only valid for purchases over $50. The following further terms shall apply to the eVouchers:

13.2.1 Limited to one per customer;

13.2.2 Valid for 30 days from the date of issue;

13.2.3 Cannot be used in conjunction with any other offer;

13.2.4 Can only be redeemed once;

13.2.5 eVoucher email must be presented in store to be redeemed;

13.2.6 To redeem online, promotional code entered at checkout;

13.2.7 Not transferable or cannot be redeemed for cash;

13.2.8 Cannot be used for payment of laybys.

14. Shipping and Deliveries

14.1 A $14.95 flat rate applies to all orders New Zealand wide and excludes furniture, oversized items, gift cards and Call and Same Day Delivery.

14.2 Adairs uses Toll NZ delivery service for all standard post deliveries within New Zealand. Once your order is shipped you will receive a confirmation email which will include your Toll consignment number. You can track the progress of your order by visiting toll.co.nz and entering your consignment number. If you’re not home to receive your delivery, Toll will leave a card at the address you provided with information on how to arrange re-delivery. Standard delivery times vary per state.

14.3 Depending on the value of your order and the destination country, you may be charged import or customs charges. These charges are the responsibility of the person receiving the parcel and are not included in the cost of delivery.

14.4 At this stage, we are unable to ship Oversized Items to New Zealand customers and have not listed them online. Oversized Items cannot be delivered by standard post services, due to size or weight. Oversized Items include most furniture, some rugs & larger homewares pieces.

14.5 Please note, during sale periods and Linen Lover events, online orders may take slightly longer to deliver, due to high order volumes. We will always endeavour to ship your items as soon as possible.

14.6 Adairs does not warrant nor will be liable for any deliveries of our goods being delivered outside of any delivery date or estimated delivery date provided by Toll NZ or any other third-party post or courier services provider. Adairs will not be liable for any damage occasioned or caused to any of goods purchased via the Site by reason of that damage being caused by the delivery service provider or damage occurring during transit or at any time after being dispatched by Adairs.

15. Returns

15.1 If you’ve changed your mind, unwashed or unused items in their original packaging may be refunded or exchanged within 60 days for Linen Lovers members and within 30 days for non-Linen Lovers members of purchase upon presentation of your receipt. This applies to both full price and sale purchases but excludes duvets/quilts, underblankets, toppers, protectors, pillows and pillow protectors due to health reasons. For the avoidance of any doubt, the foregoing will not apply to goods which have been used or have been washed or are not in their original packaging.

15.2 If any good is faulty, not of merchantable quality, not fit for its intended purpose or does not match the description then please contact us online or instore and one of our customer service team will assist with your request.

15.3 In the event you wish to return a good to Adairs, please visit our full Adairs Returns Policy for more information regarding the above. In the event that you are entitled to a refund either under these Terms or pursuant to our Returns Policy, the refund will be processed via the same payment method used for the original purchase.

15.4 Shipping fees are non-refundable.

15.5 By agreeing to these Terms, you also agree with the terms of the full Adairs Returns Policy.

15.6 In the event of any inconsistency between these Terms and the Adairs Returns Policy, these Terms shall supersede and/or prevail over the Returns Policy, but only insofar as any inconsistency exists.

16. Afterpay

16.1 To be eligible for Afterpay, you will:

16.1.1 be required to agree to the Afterpay terms and conditions, as amended, and available at: https://www.afterpay.com/en-NZ/terms-of-service;

16.1.2 need an New Zealand payment card;

16.1.3 need to be over 18 years of age; and

16.1.4 live in New Zealand.

16.2 Existing Afterpay customers can use Afterpay for orders up to $1,200. First time users can use Afterpay for orders up to $500.

16.3 Online Afterpay purchases may be exchanged or refunded via our online returns address or refunded in store. All refunds will be processed via your Afterpay account. If you wish to exchange in store, a refund will be processed via your Afterpay account and then you may re-purchase.

17. UNiDAYS

17.1 Discount valid on full price only. Not in conjunction with any other offer. Not valid for Linen Lovers members. Offer excludes sale items, gift card, delivery fees, customs and taxes. Offer cannot be used in-store, and cannot be used in conjunction with any other offer including Linen Lovers discount, subscription coupons and promo codes.

17.2 To see UNiDAYS full terms, visit https://www.myunidays.com/NZ/en-NZ/terms-of-service

18. Find in Store

Stock levels are updated regularly, however if a store is showing stock as Available or Low Stock online, we still recommended you contact the store directly to confirm stock availability.

19. Placing Online Orders

19.1 Prices are as marked. For orders on Adairs.co.nz, the prices listed at the time you place your order are final.

19.2 All payments are processed securely via Braintree (a validated Level 1 PCI DSS compliant payment platform). We do not store any customer credit card information.

19.3 Our Adairs stores may have exclusive in store discounts, offers and promotions specifically available across individual or selected stores only. Adairs.co.nz may also have exclusive online discounts, offers and promotions specifically available online only. In these circumstances, Adairs cannot guarantee that the prices featured online are the same as the prices on our goods in store.

19.4 Only gift cards commencing with number 608621 may be redeemed online. If your gift card has a different prefix to the one above, it cannot be redeemed online, and may be redeemed in store only (if it is within 12 months from date of issue).

19.5 Photographed accessories and goods in our marketing and sales materials are extra unless otherwise stated.

19.6 Due to different screen resolutions, colours depicted in marketing and sales materials may vary to that of the actual product.

19.7 Adairs reserves the right to cancel and refund any online orders found to be in breach of our Terms.

20. Privacy

20.1 See the Adairs Privacy Policy. Your personal information will be handled in accordance this policy as amended from time to time.

21. Promotions

21.1 Warm As Toast - Winter Warmers campaign is now on. Advertised prices valid for a limited time only or while stocks last or unless otherwise stated. No additional discount can be applied to offers exclusive to Linen Lovers. Prices as marked. Excludes delivery fees and gift cards. Valid in-store and online.

22. Competitions and Past Competitions

22.1 Competitions are subject to terms and conditions in addition to these Terms as amended from time to time.

22.2 For past competition winners please click here.

22.3 For the Linen Lovers Monthly Renewal Competition Terms and Conditions, please click here.

22.4 For the Win 1 of 5 Adairs Gift Cards Terms and Conditions, please click here.

22.5 Adairs reserves the right to amend its competition terms and conditions from time to time in its sole discretion.

23. Call & Collect (selected stores only)

23.1 Our Call & Collect service is available is available at some locations. Please see store locator to find nearest store and contact for further details.

23.2 Pick up is available at agreed time slot, during selected store opening hours. Collection hours may vary, please check our store locator for further details.

23.3 You will need to present your photo ID and credit card used to make the purchase at the point of collection.

23.4 In the event you wish to return or refund your order or have any concerns or queries with respect to your order, please contact your local store who can help you. Standard call charges will apply.

23.5 By placing a Call & Collect order, you consent to the collection of your personal data in accordance with the terms of our Privacy Policy.

23.6 Please note this service is unavailable during the Linen Lovers Event.

24. Call & Deliver (selected stores only)

24.1 Our Call & Deliver service is available from most locations.

24.2 Call & Deliver service is available exclusively for Linen Lovers customers.

24.3 Call & Deliver is available from their select store for a delivery fee of $19.99.

24.4 Delivery is not available to PO Boxes or Parcel Lockers.

24.5 Call & Deliver service is limited to goods available at the store and excludes large items. Total goods cannot weigh over 20kg – a store team member will notify you if your order exceeds this weight limit.

24.6 Recipient must be home when delivery occurs, or otherwise you will be required to provider an alternative time if you are not going to be home or available on the initial date and time.

24.7 Your order will be delivered by our delivery partner who will identify themselves upon arrival.

24.8 If you have an issue with your order, please contact the store you purchased from, who can help you.

24.9 Standard call charges will apply.

24.10 Adairs reserves the right to end this offer at any time.

24.11 Adairs uses a third party delivery service to deliver your items.

24.12 By placing a Call & Deliver order, you consent to the collection and processing of your personal data in accordance with the terms of our Privacy Policy.

24.13 Call & Deliver is available exclusively to Linen Lovers customers.

24.14 Please note this service is unavailable during the Linen Lovers Event.

25. Bonus Birthday Reward

25.1 The Bonus $20 Birthday Reward is redeemable on your next purchase of $50 or more and is exclusive to current Linen Lovers Program members.

25.2 Linen Lovers must be opted in to email marketing to receive the Bonus Birthday reward. The Linen Lover must have provided a valid date of birth, email and opt in to receive marketing during the Bonus Reward promotion from 12th September until 18th December 2022 to receive this Bonus Reward. Must be a valid Linen Lover to receive and redeem.

25.3 Offer available in-store or online. Cannot be used to purchase gift cards or Linen Lovers Memberships. Single use only. Cannot be used in conjunction with any other offer. The Bonus Birthday Reward expires 30 days after date of issue and is only issued once.

25.4 Bonus Birthday Reward will be sent via email within four weeks of qualifying for the Bonus Reward promotion.

Last updated: January 2023

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