Website Terms of Sale
1. Definitions
2. Your Legal Rights
3. Pricing and Taxes
4. Your Account
5. Orders
6. Once You Have Submitted an Order / Payment
7. Cancellation
8. Availability of Goods
9. Delivery
10. Delay in Availability or Delivery of Goods
11. Refunds
12. Returns / Faulty or Damaged Goods
13. Information Regarding Salbro liability and you
14. Privacy
15. General
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These Terms and
Conditions constitute a legally binding contract between the customer (“you”)
and Premier Enterprises Limited trading as (“SALBRO”) and apply to the ordering
purchase, fulfilment and delivery of goods (“Goods”) from www.salbro.co.nz. By
placing an order for Goods from Salbro you agree to these Terms and Conditions.
For the purposes of
s.28B of the Fair Trading Act 1986, Salbro is a “person in trade”.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
1. DEFINITIONS
In these Terms and
Conditions:
“Account” means a
personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
2. YOUR LEGAL RIGHTS
Your purchase of
Goods will be subject to certain laws including, without limitation, the
Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these
Terms and Conditions shall be read or applied so as to exclude, restrict or
modify or have the effect of excluding, restricting or modifying any condition,
warranty, guarantee, right or remedy implied by law (including the Consumer
Guarantees Act) which cannot by law be excluded, restricted or modified.
“Delivery Charge”
has the meaning given in Section 3.3;
“International
Delivery Charge” has the meaning given in Section 3.5;
“Order” means an
order for Goods, placed on the Website;
“Password” means
the password needed to access your Account;
“Restricted Goods”
means Goods which are only intended to be viewed, played, listened to or
otherwise utilised by a person of at least a certain age; and
“Website” means salbro.co.nz.
3. PRICING &
TAXES
1. Prices for Goods
are as shown on the Website.
2. Salbro reserves the
right to change the prices of Goods at any time without notice to you. The
price displayed at the time that you place your Order will continue to apply to
you even if the price changes before your Order is accepted by Salbro.
3. In addition to the
price for the Goods, you will also need to pay the advertised delivery charge
(if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping
cart.
4. In addition to the
price for the Goods and the Delivery Charge (if any) you may also need to pay
any additional delivery charges which are not shown in your shopping cart but
which we incur because you live in an area where light aircraft or barge
transport is required, or to which our national courier company does not
provide a door-to-door service (“Additional Delivery Charge”). Such charges may
apply even where the item is shown on the Website as having “free delivery”,
“free freight” or something similar. If you believe that you might live in such
an area, you can email Customer Service via https://www.salbro.co.nz/Contact-Us/
for more information
5. If Salbro agrees to
deliver Goods outside of New Zealand, international delivery charges will apply
(“International Delivery Charges”). International Delivery Charges, applicable
to your relevant country, will appear in your shopping cart.
6. By placing an Order
you agree to pay the price for the Goods, any Delivery Charge, any Additional
Delivery Charge and any International Delivery Charge.
7. All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in New Zealand dollars and are inclusive of GST.
4. YOUR ACCOUNT
1. If you do not
already have an Account you will need to create one before placing an Order.
2. You may not set up
an Account for someone else.
3. Please ensure that
you enter all information carefully when creating an Account. You warrant to Salbro
that all information provided by you in relation to your Account is complete,
true and accurate
4. You must notify Salbro
immediately if you become aware of any actual or potential unauthorised use of
your Password or Account.
5. Except to the
extent otherwise required by law (including, without limitation, the Consumer
Guarantees Act and the Fair Trading Act), Salbro will not be liable to you, or
any other person, for any loss, damage, cost or expense suffered as a direct or
indirect result of: (i) your Account information being incomplete or
inaccurate; or (ii) any unauthorised use of your Password or Account which
takes place before you notify Salbro ,whether in contract, negligence or any
other tort, equity, restitution, strict liability, under statute or otherwise
at all.
6. If Salbro suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Salbro then you must pay Salbro the amount of that loss, damage, cost or expense if Salbro asks you to.
5. ORDERS
1. You can place an
Order by following the instructions on the relevant Salbro website.
2. An Order submitted
by you is an offer by you to purchase the Goods for the price plus the Delivery
Charge as shown at the time of submission of your Order and any applicable
Additional Delivery Charge or International Delivery Charge. Salbro may accept
or reject your offer in its absolute discretion. In particular, but without
limitation, Salbro may reject Orders for commercial quantities of Goods.
3. Each Order that you
place will, if accepted by Salbro, be a separate and binding agreement between
you and Salbro with respect to the supply of the relevant Goods, in accordance
with these Terms and Conditions.
4. If you place an
Order for someone else to receive the Goods you must obtain their consent
before providing Salbro with their personal information and, by placing an
Order, you confirm to Salbro that you have done this.
5. Please ensure that
you enter all information carefully when placing an Order. You warrant to Salbro
that all information provided by you in relation to each Order is complete,
true and accurate.
6. Please check your
Order carefully (including the quantities ordered) before submitting it as
Orders may not be able to be changed or cancelled once the Order has been
accepted by Salbro. Salbro will use reasonable endeavours to cancel or change
the Order if it has not already been shipped but makes no representation that
it will be able to do this.
7. Except to the
extent otherwise required by law (including, without limitation, the Consumer
Guarantees Act and the Fair Trading Act), Salbro will not be liable to you, or
any other person, for any loss, damage, cost or expense suffered as a direct or
indirect result of your Order information being incomplete or inaccurate or as
a result of being unable to change or cancel your Order once it has been accepted
by Salbro, whether in contract, negligence or any other tort, equity,
restitution, strict liability, under statute or otherwise at all.
8. Where you place
separate Orders the Goods will be delivered separately and a separate Delivery
Charge (and Additional Delivery Charge/ International Delivery Charge if
applicable) will apply to each Order. Salbro cannot consolidate separate Orders
into one delivery.
9. Where you order
more than one item in one Order, all Goods for which your Order is accepted at
the same time will be dispatched together where practicable. However, in some
cases Goods may be dispatched separately, for example: in order to ensure that
you receive each of the Goods as promptly as possible; where the goods are
being dispatched from different locations; or where the Goods are of different
types (e.g a mixture of hardware and software). Please note that for CD, DVD,
games and “Appcessories”, Delivery Charges, Additional Delivery Charges and
International Delivery Charges are weight based and consequently you will be
required to pay a separate Delivery Charge and any applicable Additional
Delivery Charge and International Delivery Charge for each of the Goods
ordered, regardless of whether they are delivered to you separately or in one
delivery.
10. You acknowledge
that all Goods that you Order are intended for personal, domestic,
non-commercial use only.
11. The internet can be
an unstable, and sometimes insecure, marketplace. At times the facility to
place Orders may not be available, your Order might not be received, your Order
may be lost or misdirected, or your Order might be delayed.
12. You must take your
own precautions to ensure that the process which you employ for accessing the
Website does not expose you to risk of viruses, malicious computer code or other
forms of interference which may damage your computer system and contains
appropriate protection to prevent damage to your computer system caused by
viruses, malicious computer code or other forms of interference.
13. Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Salbro will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. ONCE YOU HAVE
SUBMITTED AN ORDER / PAYMENT
1. When you submit an
Order you will receive an email which includes an Order reference number.
Please note that this is not a confirmation that your Order has been accepted.
At this time Salbro will take a pre-authorisation from your payment method
(excluding gift cards). However, actual payment is not taken at this time and
is made in accordance with clause 6.4 below.
2. If Salbro is unable
to fulfil your Order it will send you an email cancelling your Order as soon as
practicable.
3. In the event that
your Order is cancelled following the taking of the pre-authorisation, the
pre-authorisation will be cancelled. The time that it takes for the
pre-authorisation to be cancelled is likely to be between 1 and 10 days and
will depend upon how quickly your financial institution/payment provider
processes the cancellation.
4. Salbro will process
payment for your Order immediately before dispatch of the Goods to you. At this
time Salbro will send you an email confirming that payment has been made and
that the Goods have been dispatched. This email represents confirmation that
your Order has been accepted.
5. When Salbro accepts
an Order it represents an agreement by Salbro to supply the Goods to you in
accordance with your Order subject to receiving payment from you and subject to
these Terms and Conditions.
6. You must pay for
Goods by credit card (Visa or Mastercard), certain prepaid payment cards, or
Pay Pal account. The name on the credit card/payment card must match the name
on the Order. By providing your credit card/payment card you authorise Salbro
to deduct the price and the applicable delivery charge(s) from such card.
7. Salbro reserves the
right to change the payment methods that can be used for Orders at any time in
its absolute discretion.
8. Salbro may not be
able to, or may decline to, accept payment from you by your nominated payment
method at any time for any reason including, without limitation: (a) where our
fraud detection systems detect possible irregularities; (b) because your
financial institution has declined payment; or (c) because your payment card
has expired. Where this is the case, your Order will be placed on hold and Salbro
will contact you to ask you to provide additional information (for example,
proof of identity documents) or arrange payment by another method. If you are
unable to comply with Salbro’s requests within the timescale specified, Salbro
may cancel your Order.
9. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. CANCELLATION
1. Salbro reserves the
right to cancel, at any time before delivery and for whatever reason, an Order
that it has previously accepted. Salbro may do this for example, but without
limitation, where:
a. Salbro’s suppliers
are unable to supply Goods that they have previously promised to supply;
b. an event beyond Salbro’s
control, such as storm, fire, flood, earthquake, terrorism, power failure, war,
strike or failure of computer systems, means that Salbro is unable to supply
the Goods within a reasonable time;
c. Goods ordered were
subject to an error on the Website, for example, in relation to a description,
price or image, which was not discovered prior to the Order being accepted;
d. you ask Salbro to
cancel your Order in accordance with section 5.7; or
e. in the
circumstances set out in Section 6.8.
2. You may cancel your
Order where Salbro:
a. has breached a
material term of this Agreement;
b. is not able to
deliver your Order within a reasonable time of the estimated delivery time
advertised on the Website or as set out in these Terms and Conditions, other
than a result of any delay: (i) for which you are wholly or partly responsible
such as a failure to provide the correct delivery address or to pay for the
Goods; (ii) which was outside Salbro’s control including the situations set out
in Sections 7.1(a) and (b) above;
3. In the unlikely
event of Salbro or you cancelling your Order after payment has been processed, Salbro
will refund any money paid in respect of that Order. Section 11 of these Terms
and Conditions sets out further information about refunds.
4. Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act) or as expressly set out in these terms and conditions, Salbro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF
GOODS
As Salbro is dependent upon its Suppliers to provide stock, Salbro cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Salbro reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Salbro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9. DELIVERY
1. Risk and title in
Goods passes to you on the date and time of delivery of the Goods to the
delivery address provided in your Order.
2. Goods will
generally only be delivered to addresses within New Zealand. Salbro will
deliver to PO Boxes in New Zealand where possible based on the size of the
Goods.
3. Salbro may, in its
absolute discretion, agree to accept Orders for delivery outside New Zealand
but is under no obligation to do so.
4. Following dispatch
of your Goods, Salbro will email you with confirmation of dispatch and an
invoice for your Order.
5. On delivery you may
be required to sign a proof of delivery document. If you are not available to
take delivery your Goods will be taken to a local depot or post office and a
calling card containing the relevant contact details will be left at the
delivery address.
6. If you require
Goods that you have ordered to be re-directed to an address which is not the
original Order address Salbro may charge you a reasonable fee for doing this.
7. For consumer
electronics products stock might be labelled on the Website as either: “In Stock”
or “Awaiting Stock”:
o In Stock - Salbro
aims to have the Goods dispatched to you within 3 -5 business days.
o Awaiting Stock –
the Goods will need to be ordered from the supplier. Salbro aims to have the Goods
dispatched to you within 7-10 business days.
8. For consumer
electronics products, please allow 2-5 days from dispatch for metro courier
delivery and 3-7 days for regional areas. Remote deliveries are subject to
local transport schedules and may take longer.
9. Where an Order is
to be delivered outside New Zealand, delivery is likely to take between 2-4
weeks by air mail.
10. Salbro’s arrangements with its supplier’s means that Salbro is only permitted to dispatch online pre-orders no earlier than one day prior to the official release date of the Goods offered for pre-order. Goods ordered up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our Auckland warehouse no later than one day prior to the official release date via standard post, and may therefore arrive at designated addresses within New Zealand up to five working days after despatch. Delivery outside New Zealand or to locations covered by clause 3.4 above is likely to take longer. Goods ordered within 7 days prior to the official release date may not be despatched until after the official release date.
10. DELAY IN
AVAILABILITY OR DELIVERY OF GOODS
You agree and
acknowledge that:
1.
Salbro does not guarantee the
delivery or availability of Goods within the timeframes set out in Sections
9.7, 9.8 or 9.9 above or otherwise specified by Salbro or any of its staff;
2. Events outside Salbro’s
control may cause delays, or in some circumstances, prevent your Goods from
being delivered.
3. delays are
particularly likely to occur around Christmas, Easter and public holidays; and
4. except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), neither Salbro nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all
11. REFUNDS
1. Where Salbro is
obliged to refund your payment pursuant to these Terms and Conditions, Salbro
aims to initiate your refund within 3-5 business days. The additional time that
it takes for you to actually receive your refund will depend upon how quickly
your financial institution processes the refund.
2. Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Salbro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. RETURNS / FAULTY
OR DAMAGED GOODS
1. You should check
your Goods as soon as they are delivered to you in order to ensure that: (i)
they are what you ordered; and (ii) they are not damaged or faulty. If this is
not the case you should contact Salbro on www.salbro.co.nz/contact-us as soon as
possible.
2. If you have a
problem with any Goods or otherwise wish to return them please contact us
on www.salbro.co.nz/contact-us
3. When returning
Goods:
a. please provide Salbro
with your proof of purchase;
b. it is a requirement
for the fulfilment of refunds, exchanges and warranties that customers use
their best endeavours to return all out-of-the-box accessories (such as power
cords and batteries) supplied at the time of original purchase.
4. Customers are also
encouraged to use the original packaging where possible in order to avoid
damage in transit.
5. You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
13.INFORMATION REGARDINGSalbro
LIABILITY TO YOU
To the full extent permitted at law, Salbro is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.
14. PRIVACY
Salbro’s policy on
the collection, use and disclosure of customers’ personal information is set
out in its www.salbro.co.nz/privacypolicy which forms
part of these Terms and Conditions
1. Salbro reserves the
right to amend these Terms and Conditions at any time. Any amendment will take
effect from the time that it appears on the Website. The Terms and Conditions
which apply at the time that you place your Order are the Terms and Conditions
which will apply to your Order.
2. Any provision in
this agreement which is invalid or unenforceable in any jurisdiction is to be
read down for the purpose of that jurisdiction, if possible, so as to be valid
and enforceable, and otherwise shall be severed to the extent of the invalidity
or unenforceability, without affecting the remaining provisions of this
agreement or affecting the validity or enforceability of that provision in any
other jurisdiction.
3. These Terms and Conditions are governed by the laws of New Zealand.