Webb Enterprises Limited t/a NZ Rockshop and KBB Music (referred to as “us”, “we” and “our”) is the owner and author of this website. The website is available to the user (referred to as “you” and “your”) subject to these Terms and Conditions. By using this website you agree to these Terms and Conditions, if you do not agree, you must refrain from using this website. From time to time, we make changes to our information practices or alter the functionality of our website. We always update this statement accordingly, so we encourage you to periodically review this page for the latest information.
1. Ordering through the Website
1.1 The goods and services displayed on this website are presented as an “invitation to treat.” They do not constitute an offer to supply those goods or services.
1.2 An offer is made by you when you submit an order through our website. Once your order has been submitted, it will be processed by us and we will confirm availability, condition, delivery time, price of the item, freight costs and any other relevant information.
1.3 Your order is not accepted by us until we have sent you written confirmation. Accepting payment for your order is not confirmation that the order has been accepted by us. We reserve the right to accept or reject your order, in whole or in part, for any reason whatsoever.
1.4 We make every effort to ensure stock codes, descriptions, images and stock quantities are accurate, however clerical errors will occur from time to time. If an error occurs, we will advise you as soon as practicable and discuss if there is a reasonable alternative product or solution that may be appropriate.
1.5 Not all products are available all of the time. The site is as much an information site as it is an ordering site. Some high end / niche products may need to be specially ordered from the manufacturer. Please see our Terms and Conditions of Purchase for terms relating to Special Orders.
1.6 Overseas ordering is dealt with on a case by case basis due to manufacturer restrictions on distribution, warranty and freight issues. Please contact us for further information
1.7 You must be at least 18 years old to submit an order on this website and be able to form a legally binding contract that is enforceable against you. We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor from the parent or guardian of a minor who causes an order to be submitted
1.8 Please see our Terms and Conditions of Purchase which apply to all sales through the website.
1.9 Please see our Shipping Information for our terms and conditions relating to freight.
2. Pricing on the website
2.1 “Our Price” - this is the price at which we sell the item. We aim to represent our lowest, most competitive prices at all times. If you feel that our price is higher than that offered by a competitor, please contact us and we will review this for you. Please see Price Challenge for further information.
2.2 We make every effort to ensure prices displayed on the website are accurate, however due to the large scale, number of product lines and nature of our business, clerical errors will occur from time to time. Once your order has been submitted, the price will be confirmed by us and you will be advised of any errors or variations prior to processing your order and completing the sale. If there is a price increase we will not process the order until we have advised you of the change and have your approval to proceed. Occasionally a price of $0.00 may be displayed in the website. We do not have any free items or $0.00 items. These are a clerical error and will be rectified as found.
2.3 “Price on Application (POA)” - An item may be showing on our website as “POA” for a number of reasons, for example it may need to be a specially ordered, we may be waiting on the stock to arrive, the item may be undergoing re-pricing or we may not have the latest available price from our supplier. Please contact us to enquire about the product.
2.4 “Clearance” - An item may be showing as “Clearance” if it is end of line, shop-demo, floor-stock, missing parts or has minor damage – which will be noted where possible. Clearance does not necessarily mean that the item has been discounted, it may be that it is the last chance to purchase this item as it has become obsolete / will not be sold by us again. Some Clearance items will come with a warranty and some will be without warranty, this will be noted where possible.
2.5 Discount Programmes - If you have a discount card through one of our many educational initiatives, please note that the discount percentage is off the RRP of the product. The RRP pricing is not always shown on the website.
2.6 All prices are in NZ dollars and include GST. Unless otherwise stated, prices exclude accessories that may be shown with the item, freight, handling, installation, transfer fee or additional charges
2.7 Prices indicated on this website are subject to change without notice
3.1 Payment may be made by credit card; direct credit through “account2account”; pre-approved finance with Finance Now; short term finance through PartPay; or by Purchase Order if you have an approved credit account with us.
3.2 Payments do not get processed or transmitted through or via our website:
3.2.1 All credit card and direct credit transactions are processed through a secure payment service provider, Direct Payment Solutions (DPS). Your credit card details and bank account details are not held by us and cannot be accessed by our staff.
3.2.2 For Finance Now and PartPay payments you will be directed to the respective website to complete a finance application, once finance has been approved by them, they will notify us and we can process your order. It may take up to a few days for Finance Now to process your application, depending on when the application was made. PartPay aim to process your application within an hour. We do not have any control or information in relation to finance applications, if you have any queries about your application or the process, you will need to contact either Finance Now or PartPay directly. Please see Apply For Finance for further information relating to Finance Now contracts.
3.4 Credit Cards are processed in two stages:
3.4.1 Stage 1: When you submit your order, a “hold” will go on the purchase amount in order to verify that the card is valid and that there are sufficient funds to complete the transaction. Payment is not taken by us at this stage.
3.4.2 Stage 2: Once we have confirmed your order, the payment will be processed by us. If the order is not confirmed for any reason, the payment will not be processed, it may take up to 7 days for Visa and MasterCard and 14 days for American Express transactions to release the “hold” from the purchase amount. If you would like this released sooner you will need to contact your bank as we have no control over the release of this hold.
3.5 Refunds - If an online order needs to be refunded for any reason: credit card payments will be refunded back on to the same credit card that was used for the original purchase; direct credit payments (Account2Account) will be refunded to your bank account once appropriate forms have been completed – payment runs for refunds are made on a weekly basis, usually on a Friday.
4. My KBB Music Account
4.1 In order to make ordering easier, we recommend registering for a My KBB Music Account. This will allow you to checkout faster; track your orders; review past orders; create wishlists and save cart contents.
4.2 You are responsible for all actions taken with your user name, email address and password. You must not disclose your password to any third parties. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. We reserve the right to terminate your account immediately without notice for any reason whatsoever including without limitation, where we suspect you have breached these terms.
5.1 We own all proprietary and intellectual property rights in the website site including the design, text, graphics, sound recordings, interfaces, and the selection and arrangements. Any use of materials on this website, including reproduction, modification, distribution, or republication, without prior written permission is strictly prohibited.
6. Limitation of Liability
6.1 To the maximum extent permitted by the law, we disclaim all representations and warranties, express or implied in relation to website, its contents and its use, including but not limited to warranties in relation to:
6.1.1 The accuracy, adequacy, completeness or currency of the content on this website
6.1.2 Services being provided in a timely and uninterrupted manner
6.1.3 The website being free from viruses or other condition which could damage or affect your computer systems, hardware or software. You are responsible for the risk of damage to your property when accessing this website and any external links on this website.
6.2 To the maximum extent permitted by law, we exclude any and all liability regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Liability is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
7. External Links and Third Party Content
7.1 This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any external site. We do not necessarily agree or approve any views or information shown on these sites and do not take any responsibility for the content or the use of the site. You should contact the site administrator or Webmaster for those external sites if you have any concerns relating to these sites.
7.2 Use of any of the services on our website, including but not limited to the BandRoom services such as classified listings, stolen gear reports, events, news articles, gear talk and discussion forums is entirely at your own risk. The placement of such content on our website does not constitute our recommendation or endorsement of the content.
7.3 If you add content to our website, for example through any of the BandRoom services, you are solely responsible for that content. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of the BandRoom services or arising out of any content or item you submit, post, transmit, or make available through any of the services on our website.
8. General Provisions
8.1 You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.
8.2 We shall not be liable for lack of performance, unavailability, delay or failure of the services or the website, or any failure to comply with any terms and conditions if the cause of the delay or failure is beyond our reasonable control.
8.3 Failure to enforce any of our rights at any time shall not be deemed to be a waiver of such rights.
8.4 If any provision of these terms and conditions is invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
8.5 These Terms and Conditions and the provision of goods and services by us are governed by, and are to be interpreted, in accordance with New Zealand law.
8.6 We may alter or replace these terms and conditions from time to time without notice