Terms Of Use
TERMS & CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE PURIFIED NZ WEBSITE. IT EXEMPTS Purified NZ AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
1. OVERVIEW
a. “Seller,” “we”, “us” and “our” refers to Smart Buy NZ.
b. “Buyer,” “you,” and “user” refers to any legal entity purchasing from the seller.
c. Smart Buy NZ offers this website, including all information and products available from this site to you upon your acceptance of all terms, conditions, policies and notices stated here.
2. YOUR ACCEPTANCE OF THIS AGREEMENT
a. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
3. ORDERING AND FORMATION OF CONTRACT
a. Contract formation
The seller’s website, the information on it and any information in emails and other forms of advertisement constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
b. Images are for illustrative purposes only. Descriptions and illustrations at times maybe incorrect. The order confirmation will confirm items bought and contracted into.
c. Order Process:
The buyer may order products from the seller by completing and submitting the checkout process on the seller’s website or in-store. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers' order.
d. We cannot guarantee that certain products will always be available when you place your order, but if your order cannot be filled immediately you can withdraw your order. We reserve the right to limit the number of sale items purchased per customer.
e. The sellers' discretion in rejecting orders:
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers' order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
f. Depending on where items are shipped, applicable chargers or adapters (complimentary) are provided. Documentation may not be in English, we will provide a PDF or copy of the English manual.
4. CONSUMER GUARANTEES ACT 1993
a. In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then;
i. Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.
ii. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall in any way limit the purchaser’s rights under the Act.
5. PAYMENT AND PRICES OF GOODS
a. The prices for the products are stated and are payable in New Zealand dollars (NZD). The currency selector on our website is only for reference purposes.
b. We use PayPal which accepts Visa, MasterCard, American Express, Discover, JCB, Diner’s Club and EnRoute. we may ask for further Identification.
c. We may call you to confirm your purchase.
d. In the context of your Transactions, unless otherwise specified, where your Home Country is New Zealand, we will assume that You (as purchaser of the Transactions) are either not registered for GST under the Good and Services Tax Act 1985.
e. Bank Deposit orders are not for any testing or otherwise misuse, each order that uses bank deposit and selects these terms and conditions but later cancels the order or fails to pay, may be liable for action under Contract Law.
6. DELIVERY, CANCELLATION, RETURNS
a. Delivery (In conjunction with note 8 below)
i. We will make every effort to ensure the delivery of goods or performance of services is on time but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. All claims for shortage or damage during delivery must be made to the carrier within seven days of the date of delivery. Delivery shall be made at the place indicated in the contract.
ii. We will take all reasonable steps to make delivery at the time requested by the Customer but shall not be responsible for any loss whatsoever sustained by the Customer for delay in delivery.
iii. Delivery will usually take 2-7 business days from our local Auckland warehouse or overseas distributors.
iv. All Orders will be processed within 1-3 business days, we will email you if we cannot deliver within the recommended timeframe.
v. Our shipping policy excludes courier or customs delays
vi: Shipping is without insurance and at limited to the Courier’s terms and conditions, Purified NZ will not be liable for any lost, damaged or delayed items.
vii: For customers based in New Zealand and Australia. Purified NZ is responsible for any import of goods as well as all fees and taxes in connection therewith.
b. Cancellation
i. We reserve the right to cancel any order
c. Returns
i. Please note that according to the Ministry of Consumer Affairs, we do not have to give you a refund if you change your mind or just did not like the goods or they did not suit you, so please choose carefully. If the goods are faulty we will meet our obligations under the Consumers Guarantees Act to provide a remedy.
ii. Where the item is defective on arrival it must be returned in factory default condition with ALL contents of the package in factory condition, only then will we refund or replace the item(s).
iii. Shipping for returns is at your cost, we do not offer refunds on shipping.
iv. 14 days returns as per our returns & Shipping guide
v. Return shipping fee will not be reimbursed.
d. Items are QC checked prior to shipment.
7. WARRANTY
a. All items are parallel imported and are returned to base warranty only so we can assess the item and provide a remedy.
b. We will repair the item where applicable. Out-of-warranty hardware repair costs are the sole responsibility of the user and you are responsible for any shipping costs associated with warranty repairs.
c. Any recovery task (whether or not attempted by us) to restore the System to its original default settings may destroy some or all data, settings and software on the System and this scope of service has given me sufficient notice of such risk. Please ensure you have a backup of your data, we will not be responsible for any lost data.
d. End-user purchaser also bears full responsibility (1) to protect his/her System against viruses, Trojans, worms and other harmful software programs (and that regular updating of anti-virus software is essential), and (2) for any unauthorized and/or unsupervised use of his/her System. Physical and Liquid damage by the customer will not be covered by warranty.
e. All parallel imported mobile phones will work with a GSM network but extra settings such as WAP, PXT etc. are not guaranteed support.
f. If we cannot repair you may get a replacement or refund which will be determined by us.
g. Items are QC checked prior to shipment.
8. SHORTAGES, DAMAGES OR LOSS IN TRANSIT
a. Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim. Generally, shipping is without insurance and at limited to the Courier’s terms and conditions. Purified NZ will not be liable for any lost, damaged or delayed items.
b. Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
i. Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
ii. Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
iii. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
c. No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.
9. FORCE MAJEURE
a. The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.
10. CHANGES TO THIS AGREEMENT
a. The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller’s website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.