TERMS of TRADE & PRIVACY POLICY

These terms of use govern your purchases from, and your use of, the www.underthesun.co.nz website and forms a contract between you and Threegrand Enterprises Ltd (Under the Sun), New Zealand company NZBN 9429031463607, P.O. Box 68203, Newton, 1145, Auckland (hereinafter “Under the Sun”). By making a purchase from, and using, this website you have agreed to these terms of use. Please make sure that you have read and understood these terms of use when using our site. + Our Terms & Conditions policy does not restrict your personal rights as per the Consumer Guarantees Act 1993.

+ By placing an order with us you are agreeing to all our Terms & Conditions and information on this page.
+ We reserve the right to change any information on the www.underthesun.co.nz website at any time.
+ Under the Sun is based in New Zealand. All orders and transactions are covered by New Zealand law.
+ All international orders, (outside New Zealand) are processed in $USD - All NZ orders are processed in $NZD

Privacy

We firmly believe in your privacy and the security of your personal information. We do not rent, sell or distribute our customer base or newsletter e-mails to anyone. We also do not store your credit card details on our server. The www.underthesun.co.nz website is security protected with Comodo SSL 256bit encryption technology.

Fraud

Under the Sun is vigilant. Any and all attempts at fraudulent activity will be reported to the authorities. Under the Sun reserves the right to cancel a purchase if any suspicion is raised.

Payments

We accept the following forms of payment:
+ Visa
+ Mastercard
+ Apple pay
+ PayPal

All credit card transactions are securely processed by Stripe with secure encryption and under strict banking standards. Your card details are sent directly to the bank and cannot be read or accessed by anyone other than your bank. There is no extra charge for card payments. When paying by credit/debit card, starting conditions apply as soon as the card transaction is approved. In the event that no payment has been received after submitting your order, Under the Sun may automatically cancel your order.

Confirmation

Once we have received your order we will send an electronic invoice to your e-mail address as a confirmation of your purchase. It is important that you enter the correct e-mail address when placing your order. We recommend saving this email in order to facilitate any contact with customer service you may have in the future. The order confirmation (receipt) also serves as guarantee of proof of purchase.

Discount Codes, Sale Items and Promo Code Offers

+ Discount codes cannot be combined with other offers or promotions.
+ Offers cannot be applied to previous purchases.
+ Unless specified, sale and promotions are valid for a limited time only. Items purchased outside of this timeframe are sold at full price.
+ Promo Codes should be entered during the checkout process to be valid. Attempting to add a promo code after purchase will not be honored.

Ordering

Orders made in another person's name without his consent, or otherwise will be reported to the authorities. Under the Sun holds the right to change prices, correct incorrect prices on all orders as well as final sales. If a price is incorrect, this may compel Under the Sun to cancel the purchase and refund any amount paid in the best way. This can be performed at any time. 

Consumers have the right to return the order within 14 days from receiving the order. The right applies only in the case that the product and its original packaging can be returned in the same condition as when received. If consumers use their right to send back an order they should contact Under the Sun in order to get an address to send the goods to. Return shipping is paid by the consumer. If an item is damaged during transport, Under the Sun should be contacted within 14 days of signing for delivery for information about compensation.

Pre-Orders

+ Pre-orders are offered with estimated delivery dates only.
+ You will be notified by email in the event of a delayed delivery.
+ Short shipment: pre-orders will be prioritised on the order they were placed. If a pre-ordered item is unavailable, you will be notified via email.

Deliveries

All purchases made through www.underthesun.co.nz are sent via tracked shipping to any destination in the world. Our preferred carrier for international shipments is FedEx Express and for all New Zealand purchases our carrier of choice is New Zealand Couriers.

+ All purchases are sent free of charge
+ All deliveries are tracked and must be signed for by the purchaser
+ Our tracking service will be provided to you upon delivery of your purchase
+ We are available Monday - Friday 9am - 5pm PST with any questions you may have regarding your order.

We are committed to bringing you the fastest service possible and will always endeavour to have your purchase sent out within 24 hours of confirmation of your order. During periods of high demand there may be a delay in the processing of your order at which time you will be informed of the perceived execution of your order

Returns

If for any reason at all you are not satisfied with your purchase, you are eleigible to return the timepiece(s) within 14 days of signing for delivery. Return shipping is paid by the purchaser and will also require some form of tracking. The right applies only in the case that the product and its original packaging can be returned in the same condition as when received. If purchasers choose to return an order they need to contact us in order to get an address to send the goods to.

+ All returns must be acknowledged within 14 days of signing for delivery
+ An item may only be returned if it is in its original and resaleable condition.
+ Returned items require some form of tracking
+ Sale items are non-refundable

As with our deliveries we are committed to offering the best service possible and will endeavour to alleviate any concerns you may have.

Taxes

All prices on www.underthesun.co.nz are final and include free worldwide shipping. For all NZ orders GST is inclusive on all purchases.

Please note that in a case of an order being shipped to a delivery address outside New Zealand, you may be subject to import duties and taxes, which are collected when the shipment reaches your delivery destination. You will be responsible for payment of such import duties and taxes. It should be noted that Under the Sun has no control over these charges and, since these charges are different for different countries, Under the Sun cannot predict their amount. Under the Sun advises you to contact your local customs office for further information.

Product Descriptions

Under the Sun aims to be as accurate as possible when describing the products featured on our site. Under the Sun has the right to adjust prices, involve additional cost and change product information such as product pictures and offers without notice. The product images and information texts available reflect the product as accurately as possible. We reserve the right for any errors that may appear on the page. The pictures may differ depending on the color settings in your computer. All pictures should be seen as illustrations only, and do not guarantee an exact appearance or characteristics. Due to the nature of bracelet and dial variations Under the Sun does not guarantee that the visual product description will be 100% accurate with the product you may receive. You will love your timepiece none the less.

Resale Policy

Products purchased on www.underthesun.co.nz are for personal use only and not for resale. We reserve the right to refuse orders if we feel Terms and Conditions have been breached.

Disclaimer

Under the Sun is not responsible for purchases that are unable to be processed due to technical difficulties with the website or unavailability of products. Under the Sun shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access this website. This includes viruses alleged to have been obtained from the website, your use of or reliance on the website or any of the information or materials available on the website, regardless of the type of claim or the nature of the cause of action.

Cookies

Under the Sun uses cookies to help provide the best experience for our customers and make our website easier for you to use. We may use temporary (session) cookies or permanent cookies when you access our website. If you use our site and you have enabled cookies we take it to mean that you accept our usage of cookies. You are able to accept or refuse the use of these cookies, but by doing so may restrict your ability to use the site.

Intellectual Property

The content and design of this website and all products are copyright and belong to Threegrand Enterprises Ltd, 'Under the Sun' & 'Progeny' are internationally registered trademarks. All intellectual property rights, such as trademarks and copyright, on the website and in the material published on it are owned by Under the Sun or its subsidiaries or licensors. Any use of the site or its content, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Under the Sun.

User content

The www.underthesun.co.nz website may include user generated content from for example social media applications. Under the Sun does not claim any ownership in rights in such content (images, photos and videos etc.) and take no legal responsibility for it. In case you suspect a violation of copyright, or any other right, or otherwise is offended by such content, please contact our customer service.

Competitions

The following conditions apply to Gift Cards issued through competitions held on social media:
+ Prize offered as online store gift card.

+ Card valid for 14 days from date of issue.
+ Once the gift card has been redeemed partially, the remainder cannot be refunded.
+ No refunds or exchanges on chosen items.
+ Gift card must be used in one transaction.
+ To be used on full price items only.

Warranty

Warranty term: Two year from the date of purchase. This warranty covers manufacturing defects on the watch itself (movement, case, crystal). Other parts than the above are not covered by this warranty. To have replacement covered under this warranty performed, please use our contact form on the "contact us" page. In the e-mail you need to specify your name, address, order number and a detailed description of the issue. Finally, write ‘reclaim of purchase’ as subject of the e-mail or letter. Note that repair/replacements will be charged in the following cases, even during the warranty term.

+ Failure or damage caused by improper use or carelessness (knocks, dents, crushing, broken crystal, etc.)

+ Failure or damage caused by unjustifiable repair or modification

+ Failure or damage caused by fire or water, or a natural disaster such as for example an earthquake
+ Aesthetic changes that occur during normal wear and tear and aging (minor scratches, etc.; on the case and/or crystal, alteration of the color on the wristband and the peeling of the plating)
+ In case the retail store and the purchase date are not indicated on the warranty, or if this information has been rewritten
+ If a record of the purchase date is not supplied with the watch
+ Battery replacement will be charged even during the warranty term

The case, dial, hands, crystal, watchband or other parts thereof may be replaced with substitutes if the originals are not available.
This warranty warrants that you can receive free replacement in accordance with the terms set forth herein and within the specified term, and shall not restrict any lawful right of the Customer.

Complaints terms

It is important that you as a customer carefully check your goods / products when you receive your shipment in order to verify that the products are not damaged and correct. If your product is damaged in transport, whether the damage is visible or hidden, you must report this as soon as possible to the carrier.

If you receive your item and see that it is damaged or does not match the one you ordered, you shall also contact us within 14 days from receiving the product.
Any complaints shall be made to our customer service through our contact us form on the contact page. Please supply the order number and the reason for complaint and we will get back to you shortly with instructions on how to return the item. Defective products returned to Under the Sun should be treated as if they were faultless. It is in all types of returns extremely important that the product is packaged in such a way that it cannot be damaged during transit. In the case that a returned product has no errors or faults. Under the Sun has the right to replace defective goods with goods of the same model. If the item has been discontinued, the customer will receive a full refund.           

Retention of title

All products remain Under the Sun property until full payment is made.

Liability

While Under the Sun will do everything in it's power to ensure every purchase is without complication. Under the Sun's responsibility for errors is limited to existing conditions of sale. Under the Sun bears no direct or indirect responsibility for example, but not limited to, incompatibility, delivery delays, downtime, data loss, additional work or other economic harm.

Termination

Under the Sun reserves the right to terminate your account and/or your use of the www.underthesun.co.nz website at its sole discretion. For example, if Under the Sun suspects that you have breached this terms of use. Such termination can be made without prior notice.

Amendments

Under the Sun may revise these terms of use from time to time. Every time you order a product from us, the general conditions in force at that time will apply to the contract between you and Under the Sun. You should therefore periodically visit this page to review the then current terms to which you are bound.
 
These terms of use were updated 28-04-2017

Questions

If you have any questions please email us at info@underthesun.co.nz
We are open Mon-Fri 9:00am-5.00pm (New Zealand time).