This document is published in accordance with the provisions of Privacy Act 1993 of New Zealand. This is an e-contract as per Electronic Transactions Act 2002 of New Zealand.
http://bigstore.co.nz/ http://bigstore.co.nz/ (hereinafter referred to as "Website") is the exclusive property of BigStore with its registered office at # 82G Clonbern road, remuera, Auckland, 1050.
Your use of the Website is governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you browse, access, secure access to the Website, You shall be subject to all the policies and terms mentioned herein. By merely accessing or securing access, browsing the Website, You shall be contracting with http://bigstore.co.nz/ , BigStore and these terms and conditions including the policies constitute your binding obligations, with http://bigstore.co.nz/ , BigStore.
For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person browsing, accessing or who has registered on the Website by providing Registration Data while registering on the Website as Registered User using Computer, Mobile phones, Tablets.
http://bigstore.co.nz/ allows users to surf, browse the Website without registering on the Website. The term “we”, “us”, “our” shall BigStore.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website, following the posting of changes shall indicate your consent and acceptance to such revisions
As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter, access, use the Website.
ACCESSING, BROWSING THE WEBSITE, REGISTERING ON THE WEBSITE INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Privacy Policy and legal policies mentioned on http://bigstore.co.nz/
BigStore offers an online platform through the Website (http://bigstore.co.nz/ ). The online platform offers fruits, veggies and meat through the Website (http://bigstore.co.nz/ ). The online platform enables you to choose from a wide range of fruits, veggies and meat. The online platform facilitates delivery of fruits, veggies and meat at your doorstep from the comfort of your house or workplace.
The website does not charge any fee for browsing, creating an account on the Website (http://bigstore.co.nz/). In particular, http://bigstore.co.nz/ may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website (http://bigstore.co.nz/). In such an event, the website reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website (http://bigstore.co.nz/) and such changes shall automatically become effective immediately after they are posted on the Website (http://bigstore.co.nz/). Unless otherwise stated, all fees shall be quoted in New Zealand Dollars.
You agree, undertake and confirm that your use of Website (http://bigstore.co.nz/ ) shall be strictly governed by the following binding principles. You hereby agree not to use the Website (http://bigstore.co.nz/ ) to:-
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harass or advocate harassment of another person;
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involve the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";
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promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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infringe upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
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promote an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices
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provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
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provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
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upload, share, transmit video, photographs, or images of another person (with a minor or an adult).
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to gain or attempt to gain unauthorized access or exceeds the scope of authorized access to the Website (http://bigstore.co.nz/ ) or to account information or other areas of the Website (http://bigstore.co.nz/ ) or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
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engage in commercial activities and/or sales without our prior written consent of the Website such as contests, sweepstakes, barter, advertising and pyramid schemes etc. related to the Website (http://bigstore.co.nz/ ). Throughout this Terms of Use, ,http://bigstore.co.nz/ ‘s prior written consent means a communication coming from http://bigstore.co.nz/‘s Legal Department, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization;
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solicit gambling or engage in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
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interfere with another user's use and enjoyment of the Website (http://bigstore.co.nz/ ) or any other individual's user and enjoyment of similar services;
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harm minors in any way;
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infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items including images, pictures, information, data;
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violate any law for the time being in force;
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spread, transmit, upload software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
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You shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or any third parties including individuals, companies, entities, organisations etc.
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You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website (http://bigstore.co.nz/ ) or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website (http://bigstore.co.nz/ ) or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website (http://bigstore.co.nz/ ). We reserve our right to bar any such activity.
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You shall not attempt to gain unauthorized access to any portion or feature of the Website (http://bigstore.co.nz/ ), or any other systems or networks connected to the Website (http://bigstore.co.nz/ ) or to any server, computer, network, or to any of the services offered on or through the Website (http://bigstore.co.nz/ ), by hacking, password “mining” or any other illegitimate means.
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You shall not probe, scan or test the vulnerability of the Website (http://bigstore.co.nz/ ) or any network connected to the Website (http://bigstore.co.nz/ ) nor breach the security or authentication measures on the Website (http://bigstore.co.nz/ ) or any network connected to the Website (http://bigstore.co.nz/ ). You may not reverse look-up, trace or seek to trace any information on any other user of Website (http://bigstore.co.nz/ ), or any other customer, including any account on the Website (http://bigstore.co.nz/ ) not owned by You, to its source, or exploit the Website (http://bigstore.co.nz/ ) or any service or information made available or offered by or through the Website (http://bigstore.co.nz/ ), in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website (http://bigstore.co.nz/ ).
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You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name used by us including the terms BigStore, Website (http://bigstore.co.nz/) or otherwise engage in any conduct or action that might tarnish the image or reputation, of BigStore, Website (http://bigstore.co.nz/ ) or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with the trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website (http://bigstore.co.nz/ ) or http://bigstore.co.nz/ ‘s systems or networks, or any systems or networks connected to the website
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You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website (http://bigstore.co.nz/ ) or any transaction being conducted on the Website (http://bigstore.co.nz/), or with any other person’s use of the Website (http://bigstore.co.nz/ ).
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You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, you send to us on or through the Website (http://bigstore.co.nz/ ) or any service offered on or through the Website (http://bigstore.co.nz/ ). You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
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You may not use the Website (http://bigstore.co.nz/ ) or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BigStore, Website (http://bigstore.co.nz/ ) and / or others.
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You shall at all times ensure full compliance with the applicable provisions of all applicable laws, rules and regulations.
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You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website (http://bigstore.co.nz/ ).
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It shall be a violation of these Terms of Use to use any information obtained from the Website (http://bigstore.co.nz/ ) in order to harass, abuse, or harm another person, or solicit, or sell to another person including but not limited to individuals, entities, companies, organisations any such information.
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You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website (http://bigstore.co.nz/ ) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
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We reserve the right, but has no obligation, to monitor the materials posted on the Website (http://bigstore.co.nz/ ). The Website (http://bigstore.co.nz/ ) shall have the right to remove or edit any content, product, image that in its sole discretion.
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It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website (http://bigstore.co.nz/ ) and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website (http://bigstore.co.nz/ ), and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website (http://bigstore.co.nz/ ) You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website (http://bigstore.co.nz/ ).
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The Website (http://bigstore.co.nz/) shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
The Platform description, Content, text, user interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to the Website (http://bigstore.co.nz/) shall be the sole property of BigStore and we have worldwide, perpetual and transferable rights in regard to such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works
All material on the website http://bigstore.co.nz/including but not limited to content, information like advertising information, descriptions, images, pictures are protected by copyrights, trademarks, and other intellectual property rights. Material on the website, is solely for your personal, non-commercial use. All such content, images, pictures etc. belong to their respective owners.
The website http://bigstore.co.nz/ uses such content, information, images solely for display purposes and shall have no intention in whatsoever manner to acquire any intellectual property rights belonging to third parties.
Nothing contained herein shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website (http://bigstore.co.nz/ ) or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of BigStore, Website (http://bigstore.co.nz/) .
The Website (http://bigstore.co.nz/ ), BigStore shall hold no responsibility, liability for any actions, acts including but not limited to errors, transmission, activities and issues arising out of internet connectivity and any other network related issues.
While we encourage you to share your views and opinions on the Website (http://bigstore.co.nz/), we expect that this will be done in a respectful manner. This policy is applicable to posts, comments and reviews posted by you on and/or using Website (http://bigstore.co.nz/ )
The Website (http://bigstore.co.nz/ ) shall however not agree with or endorse every comment that individuals post on the Website (http://bigstore.co.nz/ ). When making moderation decisions, we will take these guidelines, as well as the context in which comments are made, into account
We share this information in an effort to be transparent about our moderation process and why certain comments may be removed. Kindly read these terms/ guidelines while making any posts, comments, reviews on the Website (http://bigstore.co.nz/ )
You specifically agree not to post or transmit any comments, reviews, posts, content or engage in any activity that: -
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Violate our Terms and Policies;
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Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable
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Violate any right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
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Disguising or attempting to disguise the origin of your comment, review, posts, content including but not limited to by submitting your comments, posts, reviews, content under a fake or false name
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Constitutes a knowingly erroneous or unethical review
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Causes, or is a result of, a conflict of interest;
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Is commercial in nature, including but not limited to posts, comments, reviews submitted in exchange for payment,
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Contains material that is not in English
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Accesses or uses the account of another user without permission;
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We reserve the right to remove any comment, review, posts, content that might be found extremely offensive or threatening.
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Please don't exaggerate, falsely state, misrepresent your experience and watch your language.
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This also includes but not is limited to derogatory comments or indication of a personal vendetta against Website (http://bigstore.co.nz/ ), BigStore and its affiliates.
All links posted as comments, reviews on the Website will be reviewed and may be deleted if found violating these guidelines. Repeated violations of this policy may cause the author to be blocked from our Website (http://bigstore.co.nz/ ).
The Website (http://bigstore.co.nz/ ) shall have the right to immediately block your access and further it shall also have the right to remove any non-compliant comment, post, review and content forthwith, uploaded on the Website. The Website reserves have the right to take appropriate recourse to such remedies as would be available to it under various statutes.
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You shall be obliged to provide accurate information and other details to us
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You shall read all the policies, terms mentioned in the Website (http://bigstore.co.nz/)
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You shall not copy or use the information contained in the Website (http://bigstore.co.nz/)
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You shall ensure compliance to the User Review policy contained herein
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You shall be responsible for all and acts arising out of your account
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You shall be responsible for ensuring reasonable security measures regarding your login credentials and in event shall the Website, BigStore be responsible or liable in this regard
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You shall be responsible for all orders, purchases made using or on the website
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You shall be responsible for ensuring prompt payment for products ordered or purchased on and/ through the Website (http://bigstore.co.nz/ ), i.e. the online shopping platform
This Website (http://bigstore.co.nz/ ), all the services, included on or otherwise made available to You through this Website (http://bigstore.co.nz/ ) are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Website does not warrant that: -
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This Website (http://bigstore.co.nz/ ) will be constantly available, or available at all; or the information on this Website (http://bigstore.co.nz/ ) is complete, true, accurate or non-misleading.
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The Website (http://bigstore.co.nz/ ) does not warrant that this site; information, Content, materials, images, product (including software) or services included on or otherwise made available to You through the Website (http://bigstore.co.nz/ ); their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website (http://bigstore.co.nz/ ) constitutes, or is meant to constitute, advice of any kind.
We disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF THE WEBSITE.
You will be required to enter a valid name, phone number and email id while availing registering on the Website (http://bigstore.co.nz/ ). By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any updates.
You shall indemnify and hold harmless the Website (http://bigstore.co.nz/ ), BigStore, its Director, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions, damage claims made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of New Zealand. The place of jurisdiction shall be exclusively in Auckland, New Zealand.
The Website (http://bigstore.co.nz/ ) does not ensure that the content including description, data and information thereof is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
The Website (http://bigstore.co.nz/ ) may include inaccuracies and typographical errors. Changes and improvements are periodically made to the site and the information therein. We do not warrant or assume any legal liability or responsibility for the completeness, or usefulness of any information, content, blogs etc. Information received via this Website (http://bigstore.co.nz/) should not be relied upon for personal, legal or financial decisions.Products delivered may differ to the product images displayed on the Website.
All products sold through the Website (http://bigstore.co.nz/ )
The prices of all products displayed on the Website (http://bigstore.co.nz/) are expressed in New Zealand Dollars (NZD) and are inclusive of New Zealand Goods and Services Tax (“GST”)
In order to facilitate payments for the products purchased by You through the Website , the website offers an online payment gateway facility that will facilitate You to make payments in respect thereof the products purchased through the Website (http://bigstore.co.nz/ ) using net banking, credit/debit card account or any other mode acceptable and made available to the users from time to time, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s.
Your credit card details shall be transferred directly to our payment service provider for immediate authorization and are not recorded or stored in our database. Once we have received authorization from the payment service provider, we shall confirm your service order.
Further:
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You have categorically authorized http://bigstore.co.nz/ to collect, process, facilitate and remit payments and / or electronically from other Users in respect of transactions through Payment Facility. Your relationship with http://bigstore.co.nz/ is on a principal to principal basis and by accepting these Terms of Use you agree that http://bigstore.co.nz/ is an independent contractor for all purposes, and does not have control of or liability for the products that are listed on http://bigstore.co.nz/ that are paid for by using the Payment gateway
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You understand, accept and agree that the payment facility provided by http://bigstore.co.nz/ is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on http://bigstore.co.nz/ using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, http://bigstore.co.nz/ is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price
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http://bigstore.co.nz/ reserves the right to impose limits on the number of Transactions or Transaction Price which we may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
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http://bigstore.co.nz/ reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with http://bigstore.co.nz/ or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
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In the event, http://bigstore.co.nz/ is not satisfied with the creditability of the User, it will have the right to reject the receipt of / Users
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http://bigstore.co.nz/ may delay notifying the payment confirmation, if http://bigstore.co.nz/ deems suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, http://bigstore.co.nz/ may hold the service and may not provide service at the request of law enforcement officials or in the event the user is engaged in any form of illegal activity.
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The user acknowledges that http://bigstore.co.nz/ will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of http://bigstore.co.nz/
We shall make all reasonable efforts to delivered ordered by You at the delivery address mentioned by You at the time of placing the order. All products purchased or ordered through the Website (http://bigstore.co.nz/) shall be delivered as per the delivery time specified for each product mentioned on the Website (http://bigstore.co.nz/).
All orders above $75 shall have no delivery charges and are eligible for free delivery. However, on orders below $75, delivery charges shall be applicable. Such delivery charges are $4. You shall be responsible for making payment of any and all applicable delivery charges as mentioned herein.
The products purchased through the Website (http://bigstore.co.nz/) are eligible for return only in the event the quality of such products is bad.
The following scenarios are eligible for refund
