Terms & Conditions - Introduction
Our websites are intended to provide information for people viewing and buying our products and accessing our services, including making purchases via our website and registering on our database to receive e-mails from us.
This website is owned and operated by Zeaway Limited. If you wish to contact us please:
Email: firstname.lastname@example.orgIf you wish to contact us outside office hours please do so via email and we will respond to all queries on our return.
While we endeavour to supply accurate information on this site, errors and omissions may occur. We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
We reserve the right to make changes to the content on this site at any time and without notice.
To the extent permitted by New Zealand law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this web site or any other web site.
2. Product Prices
The prices displayed for products on this website represents the full price in New Zealand dollars, including Goods and Services Tax as the term is defined in the Goods and Services Tax Act 1985 as amended or replaced (GST), for the product itself but does not include postage/delivery charges which may vary depending on the delivery instructions.
We always seek to provide products at the most competitive prices, and because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions and availability advertised are subject to change without prior notice and we therefore reserve the right to alter prices displayed for products on our website at any time for any reason.
Please be assured of our every effort to ensure the accuracy of our product pricing. However if an error is made and a product is listed at an incorrect price, we reserve the right to refuse to accept further orders and to cancel any orders already placed at the incorrect price. If an order has been confirmed and charged to your credit card we shall immediately contact you to reverse any incorrect debts.
3.New Zealand Sales Only
We sell and deliver products ONLY WITHIN New Zealand.
The information on this site is intended and applicable for New Zealand consumers only and is governed by New Zealand law.
You must be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under the age of 18.
By placing an order with us through this website, you acknowledge that you are at least over eighteen (18) years of age or over.
Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
Some products on our site may carry an age restriction. Your placement of offer(s) means you agree that you are not purchasing the item on behalf of a person who is not the appropriate age.
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications must be done in writing.
The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.
This website may:
• store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website;
• request your browser to transmit this data back to the web server; or
• request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.
(Note: Cookies are small pieces of data stored on the web browser on your computer. By using cookies, web sites can track information about visitors' use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.
We own all copyright and other intellectual property in this site. Everything on this site, unless otherwise stated, is our copyright. You may use this web site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this web site, without obtaining our prior written consent.
We own the trade marks set out on this website for our business. Registered trade marks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.
The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these terms. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.
To purchase from us you must establish an account on this website.
We retain absolute discretion to refuse to allow an account to be established, to terminate accounts, to remove or edit content where the account has not been kept in accordance with these terms.
It is your responsibility to provide your exact email address, delivery address, billing address and telephone number and to keep these up to date. Any incorrect information provided may lead to a delay in delivering the product ordered by you or non delivery of the product.
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
These terms together with your order constitute the entire agreement between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The agreement cannot be varied unless we agree to vary it in writing or by email.
You can place an order only by clicking the "Add to Cart" button.
When you place an order with us you have made an offer to purchase the product you have chosen, and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms, and conditions and are subject to any clause allowing for the cancellation of an order before the title of the product or products being purchased passes to you.
We reserve the right to limit the number of any item a customer can purchase in a single transaction
We will issue you with an Order Number by email after we have received your offer to purchase.
We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card fraud or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
We will take payment from you when we accept your order. We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for reversing the payment.
11.Ordering Product (continued)
In the unlikely event that the product or products ordered are no longer available we reserve the right to refuse or cancel an order.
We reserve the right to refuse or cancel any orders that we believe, in our sole discretion, to be placed for commercial purposes, e.g. any kind of reselling. We also reserve the right to refuse or cancel any orders that we believe, in our sole discretion, to have been placed fraudulently.
While we endeavour to ensure that the price and description of product is accurate, if there is an error in the process of listing a product on our website or a technical error in the processing of your order we reserve the right to refuse or cancel the order.
Our right to cancel orders applies to orders that have been accepted or paid for.
We only accept payment through PayPal, Bank Deposit and Credit cards (Visa and Master).
Payment will not be processed until we have received all relevant information required for processing to be completed.
The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.
PayPal We process PayPal payments when you checkout from the product order screen.
Bank Deposit We accept bank deposit including Internet Bank Transfer.
Credit Cards We accept Visa and Master credit cards only.
We process credit cards payments when you checkout from the product order screen.
Whilst we employ the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer.
For security purposes certain transactions may require proof of identification.
You will be provided with an estimated delivery time when you checkout from placing your order. The estimated delivery times are in working days Monday to Friday excluding public holidays. Normal delivery is within 2 to 14 working days from the date of payment of your order.
At this time, we only deliver to New Zealand addresses. We do not deliver to Post Office boxes.
We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.
We encourage you to visit the "My Account" section on our website to view the delivery status of your product. If your product has not arrived within the estimated delivery time, please contact us.
Please note that a signature is required for all deliveries unless you authorise your product to be delivered by leaving at a particular address without your signature. The products become your property and responsibility once they have been signed for or left at your authorised address, as the case may be, at the time of delivery. If the products are lost or damaged in transit, please contact us within 7 working days at email@example.com. We will use this delivery information to make a claim against our courier company. We will offer you the choice of a replacement or a full refund, once we have received confirmation from our courier company that delivery was not successful.
14.Passing of Title of Product
Title in the product passes to you upon receipt of the product by you.
15.All Liabilities Excluded
To the extent permitted by law of New Zealand:
a. all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, the suitability, fitness for purpose, accuracy or completeness of the product or products or this website or its content on or anything accessed through it; and
b. we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you as a result of or in relation to your access to or use of this website or its content on or anything accessed through it.
16.Making a Warranty Claim
To make a warranty claim you must
• provide us with a copy of your tax invoice or similar proof that the product or products was or were purchased from us via this website; and
• describe accurately the problem you have encountered and provide evidence (e.g. a photograph) to support your claim; and
• state whether you are requesting a replacement, repair, refund or credit.
17. Limitation of Liability
(a) Our liability to the Customer (and any party claiming through the Customer against us) for any claim for loss or damages (including legal expenses) made in connection with the Contract (including the supply of Goods described in the Contract) whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation):
(i) for any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited to the cost of replacement of those Goods as soon as reasonably practicable, or the repair of those Goods or the repayment (or allowance) of the Purchase Price of those Goods (at the option of Our);
(ii) for any liability arising from the services forming part of the Goods not meeting the scope
(a) We may hold the Customer liable, to the maximum extent permitted by law, for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods it supplies, where indirect, special or consequential loss or damage includes:
(i) any loss of income, profit, production, contract, customers, business opportunity or business;
(ii) any loss of goodwill or reputation;
(iii) any loss or damage resulting from the loss or damage to goods other than the Goods.
(a) Any claim by the Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 14 days of the delivery of the Goods, unless a longer period is expressly agreed to by us in writing.
(b) Despite any other provision of the Contract, we are not liable, to the maximum extent permitted by law, for:
(i) the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise;
(ii) the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient;
(iii) defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components or normal wear and tear and damage.
18. Return of Product for Warranty Claim
Where the 30 Days Change-of-Mind period has elapsed and where we have determined that, on the facts you have provided, a claim may be granted. We will not accept the return of a product without our approval except within the period of 30 Days Change-of-Mind period. Where possible, the product or products must be packed in the original and unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product or products.
We will send you contact details of our courier to organize pick up from the original delivery address for authorised returns.
We reserve the right to test any returned product and require you to demonstrate that the problem with the product was not your making or fault. After the product has been returned a final decision on granting the claim will be made by Customer Services.
Where it is agreed that the claim is valid a replacement or repaired product will be returned to you at our expense. Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product back to you will be deducted from your account or charged to you together with an additional $30.00 handling and administration fee.
Online shopping sometimes means you don't get exactly what you had in mind. You are welcome to return the item as long as you meet the following terms and conditions as listed below:
Terms & Conditions
• Notification is required within 30 days of purchase date.
• Item to be returned must be in their original re-saleable condition with all tags and packaging (ready to be put back on the shelf).
• The item/s are NOT opened, used, worn or damaged.
• That you DO NOT stick or write anything on the item itself or its packaging. Please only write or place postage stickers on the outer postage packaging.
• Some items are not eligible for refund due to hygienic reasons.
• The refund amount will not include delivery costs. If the item was delivered for free, delivery cost will be deducted.
• Handling fees will apply at 20% of the purchase price.
• The return of the item is the responsibility of the buyer.
• If the item has sustained damage in transit or does not return as noted above, a revised refund amount may be required
If you would like to take this offer, please send us an email at firstname.lastname@example.org and indicate the Order ID the item/s you wish to return and the reason for the return. Our Customer Service team will reply to your email and, if applicable, issue you a Return Authorization (RA) number. All other relevant information will be given to you at this time. BestDeals will not accept any return of any item/s without an RA from our Customer Service Representative.
19.Refunds or credit
Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you. Refunds will be issued by cheque, EFT, PayPal or a credit to your account.
Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense after we have received your returned product. Where a non warranty claim is granted the replacement will be delivered to you at your expense.
21.Resolving Your Concerns
If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavour to resolve your concerns.
Our contact details are below and we will respond to your query as soon as possible.
This website is governed by and is to be interpreted in accordance with the laws of New Zealand.
23.Changes to Terms and Conditions
We reserve the right to alter, modify or update these terms and conditions. These terms and conditions apply to your order(s). We may change these terms and conditions at any time so please do not assume that the same terms and conditions will apply to future orders.