Terms of service
Aftercare Obligations
Unless expressly stated in writing:
- the Company provides no ongoing maintenance;
- no technical support is guaranteed;
- no installation services are included;
- no compatibility guarantee is provided.
- Manufacturer warranties may apply independently.
Customers are responsible for proper use, maintenance and compliance with manufacturer instructions.
No Guarantee
To the maximum extent permitted by law:
- all Products and services are provided “as is” and “as available”;
- we make no guarantees regarding uninterrupted availability;
- we do not guarantee compatibility, suitability or fitness for a particular purpose unless expressly stated.
- We do not warrant that the Website will be error-free, secure or virus-free.
Limitation of Liability
To the maximum extent permitted by law:
- indirect losses are excluded;
- consequential damages are excluded;
- loss of profits, revenue, goodwill or opportunity is excluded;
- liability is limited to the purchase price paid for the relevant Product.
We are not liable for:
- third-party actions;
- courier failures;
- supplier defects;
- internet outages;
- data breaches beyond reasonable control;
- misuse of Products;
- unauthorised account access.
Customers use Products at their own risk.
Indemnity
Customers indemnify and hold harmless the Company from all claims, liabilities, damages, losses and expenses arising from:
- breach of these Terms;
- misuse of Products;
- unlawful conduct;
- infringement of third-party rights.
Force Majeure
We are not liable for failure or delay caused by Force Majeure Events including but not limited to:
- natural disasters;
- pandemics;
- strikes;
- cyber incidents;
- war;
- supplier shortages;
- transport disruptions;
- governmental restrictions.
Obligations affected by Force Majeure are suspended for the duration of the event.
Website Availability
We do not guarantee uninterrupted access to the Website.
We may:
- modify features;
- suspend services;
- conduct maintenance;
- terminate parts of the Website
without liability.
Third-Party Services and Links
The Website may contain links to third-party websites or services.
We are not responsible for:
- external content;
- third-party policies;
- third-party conduct;
- third-party payment providers.
Use of third-party services is at the Customer’s own risk.
Amendments of Policy
We may amend these Terms and associated policies at any time without prior notice.
Updated Terms become effective immediately upon publication on the Website.
Continued use of the Website constitutes acceptance of amendments.
Dispute Resolution
If any dispute or complaint arises in connection with the Services, Products, or these Terms, the Customers and the Company agree to first attempt to resolve the matter in good faith by discussion.
The Customer must notify the Company of any dispute or complaint in writing and provide reasonable details of the issue. The Company will make reasonable efforts to respond within a reasonable timeframe.
If the dispute cannot be resolved by discussion, either party may refer the matter to the New Zealand Disputes Tribunal or any other court or forum having jurisdiction.
Nothing in this clause limits or excludes any rights the Client may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
Governing Law and Jurisdiction
These Terms are governed by the laws of New Zealand.
Any disputes shall be subject to the exclusive jurisdiction of the courts of New Zealand.
Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
Waiver
Failure to enforce any right does not constitute waiver of that right.
Acknowledgement
By using the Website and placing Orders, Customers acknowledge that they:
- have read these Terms;
- understand these Terms;
- agree to be legally bound by these Terms;
- accept all associated policies.