Please read the following terms and conditions carefully before placing your order. These terms and conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
These terms and conditions apply to the use of this website, the ordering, purchase, fulfilment and delivery of products from www.techexpress.co.nz
These terms and conditions constitute a contract between the customer (You) and TECHEXPRESS NZ LIMITED.
In these terms and conditions we, our or us means Techexpress; and you, your, the buyer or the customer means the person who accepts these terms and conditions, by using this website and associated software, networks and processes, including the purchase of goods or services through the website.
1.2
By browsing the website, or placing an order, you agree to these terms and conditions as set out below, which constitutes a legally binding agreement between us and you for the supply of goods.
1.3
The agreement together with your order constitute the entire agreement between us and you for the supply of goods. The agreement cannot be varied unless we agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place orders with Techexpress. By accepting this agreement, you acknowledge that you are over the age of eighteen (18) years
3. Website Use
3.1
The website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
3.2
You must ensure that your access to, or use of the website is not illegal or prohibited by laws which apply to You.
3.4
You must take your own precautions to ensure that your process 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. We take no responsibility for any such damage which may arise in connection with your use of the website.
4. Pricing
4.1
Prices displayed on the website are subject to change without notice. Once an order has been accepted by us and a purchase contract formed under clause 6, the price of the goods cannot be varied except:
- by agreement between you and us in writing or by email; or
- in accordance with clause 7.4.
4.2
All prices listed on the website exclude delivery costs. Delivery costs are shown separately on an order.
5. Product Specifications
5.1
Features and specifications of goods described or depicted on the website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of goods once an order has been accepted by us and a purchase contract formed under clause 6.
5.2
All weights and dimensions of goods described in the website are approximate.
5.3
Due to camera, lighting, monitor and manufacturing variations, colours may vary.
5.4
We are not familiar with your environment, hardware, software or technical requirements and offer no compatibility or suitability guarantee. It is the Buyers responsibility to ensure that goods are suitable and compatible with the Buyers environment, hardware, software or technical requirements.
6. Orders
6.1
You may place an order by following the instructions on the website. By placing an order, you make offer to enter into an agreement to purchase the goods the subject of your order (Purchase Contract).
6.2
Orders will be deemed to have been received by Techexpress at the time Techexpress sends an order confirmation to your nominated email address.
6.3
Techexpress is an online distribution business and will primarily communicate with customers via email. It is the customer's responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
6.4
Any communication containing abusive, bullying, malicious, profanities, spam, offensive or obscene language, will be ignored. This includes illegal, unlawful or continued unreasonable demands.
6.5
Techexpress reserves the right to decline to enter into a purchase contract with you and may cancel your order at any time prior to dispatch of the goods.
6.6
In the event of a cancelled order, funds paid in relation to that order will be refunded. You will be provided with email confirmation of the cancellation and refund.
6.7
Techexpress does not accept any responsibility for orders that are; declined, delayed, not accepted, not cancelled or not updated due to email and internet delays and disruptions.
6.8
Techexpress shall not be liable for any delay in performing any of its obligations under this agreement if such delay is caused by circumstances beyond the reasonable control of Techexpress (or its affiliates), and Techexpress shall be entitled to a reasonable extension of time for the performance of such obligations.
7. Payment
7.1
You may provide your nominated credit card during the purchase process described on the Website.
7.1.1
Bank payments must include the purchase reference number and be the correct amount. It is the Buyers responsibility to ensure that bank payments include the purchase number as a reference and are the exact amount. We cannot accept responsibility for delays caused by incorrect payment amounts or purchase reference numbers.
7.2
Payment for orders will be processed immediately upon confirmation of your order.
7.3
If your nominated payment method triggers our fraud prevention protocols, We may contact you to confirm additional details, or rescind the transaction. In this case, until your order has passed our fraud prevention protocols your order will not be fulfilled. If you do not provide the requested information within up to 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
7.4
Despite our best efforts, on occasion it may be possible that a small number of the goods in our range may be incorrectly priced on the website. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the goods at the correct price or cancel your order. If a product's correct price is lower than the stated price on the website, We will charge the lower amount and send you the product, or where the higher incorrect price has been charged, We will refund the price difference and send you the goods.
7.5
Unpaid orders will be deemed abandoned and cancelled after seven working days.
8. Delivery and ownership of the goods
8.1
We try to ensure that all goods are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. We can offer no guarantees on delivery times. Techexpress does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2
The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Techexpress. Where scheduled dispatch of goods is delayed by more than one week, customers will be notified by email via the email address nominated in their order. Customers are permitted to cancel their order and receive a refund in accordance with the returns policy at any time prior to dispatch of the goods.
8.3
Techexpress can deliver Products to PO Box, Metro, Urban and Rural addresses.
8.4
Where a customer gives written authority for goods to be delivered without a signature, any and all included insurance cover will be voided.
8.5
The Carrier will deliver goods during local business hours (9am to 5pm, Monday to Friday excluding public holidays).
8.6
Techexpress is not responsible for the delivery times of goods. Once goods have been dispatched, it is the customers responsibility to liaise with the courier nominated by Techexpress (as notified to the customer) in relation to date and time of delivery. Techexpress shall not be liable for any inaccuracy of information provided to customers relating to the date and time of delivery.
8.7
The Buyer will allow the Carrier to complete delivery. The Buyer will provide the Carrier fair and reasonable assistance to facilitate delivery. It is the Buyer's responsibility to respond to calling cards, or, liaise with the Carrier when a delivery attempt is unsuccessful. Techexpress shall not be liable for any costs or losses where the Buyer inhibits delivery by way of abandonment, non-communication or redirection.
8.8
It is the Buyers responsibility to ensure that someone is available to accept delivery or that an authority to leave agreement exists with the carrier.
8.9
Where you have provided an incorrect or incomplete delivery address for your order, we may charge a redelivery fee for each subsequent delivery attempt. Where the Carrier has completed the delivery, we can not accept any losses if the Buyer has provided an incorrect or incomplete delivery address.
8.10
If an invalid delivery address is detected, we reserve the right to hold the order until the Buyer has provided a valid delivery address. We offer no guarantee that we will detect invalid delivery addresses.
8.11
Delivery is considered complete when the carrier confirms that the GPS coordinates align with the delivery address. We accept no liability for non-delivery when GPS coordinates align with the delivery address.
9. Faulty or damaged goods
Techexpress will replace or refund faulty or damaged goods in accordance with the warranty terms and conditions and your rights under the New Zealand consumer law.
10. Refunds and returns
10.1
Nothing in these terms and conditions excludes, restricts or modifies the consumer guarantees provided for by New Zealand consumer law.
10.2
All refunds may take up to 10 business days to be processed.
10.3
Other than in accordance with the returns policy, refunds are strictly limited to those available under clauses implied by statute.
10.4
In order to facilitate a return under the returns policy, please contact Techexpress customer service.
10.5
The customer must comply with directions from staff to facilitate a return.
10.6
Returned goods, under the returns policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the New Zealand consumer law. If you are returning goods due to a fault or defect under a guarantee under the New Zealand consumer law, you may be able to return the goods without its original packaging.
10.7
Subject to clause 10.9, it is the customer's responsibility to ensure that returned goods are returned safely. We take no responsibility for goods lost in transit.
10.8
Any redirection via the Carrier to the returns address will be deemed a 'change of mind' return and is not eligible for a shipping fee refund.
10.9
Where you are returning goods to us because of our failure to comply with a consumer guarantee, You must return the goods to us at your cost unless the goods cannot be returned, removed or transported without significant cost to you because of:
- the nature of our failure to comply with the consumer guarantee, or
- the size or height, or method of attachment, of the goods.
Where you are returning goods to us, we take no responsibility for goods lost in transit.
We are unable to accept photographs in-lieu of returned goods.
It is the Buyers responsibility to retain all goods. We cannot accept liability for discarded goods.
10.10
In the event that we are unable to supply a product, we will, without notice, cancel the order and issue a full refund.
11. Warranties
11.1
Each item sold on the website is covered by either a 30 day, 90 day, 1 Year or 2 Year Return to Base warranty. Return to Base means that it is the Buyers responsibility to return the purchase to Techexpress.
11.2
We do not have repair facilities or carry spare parts for each product.
11.3
Nothing in these terms and conditions excludes the application of statutory conditions, warranties and guarantees.
12. Liability
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether, in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
We will not be liable for compensation of costs or damages that may arise in respect of the use of product(s).
For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the New Zealand Consumer Law.
13. Intellectual Property
All Intellectual Property in any Material on the Website is the property of Techexpress. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
14. Privacy
By placing your Order or otherwise contacting Techexpress, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Techexpress Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy policy.
16. Miscellaneous
16.1
Title and risk in the Techexpress Products pass to You at the point of dispatch or embarkation by Techexpress to Your courier.
16.2
Techexpress reserves the right to make changes to the Techexpress Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
16.3
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
16.4
A failure or delay by Techexpress to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Techexpress does not preclude its future ability to exercise that or any other power or right.
16.5
Insofar as they apply to the ordering, purchase, fulfilment and delivery of Techexpress Products from www.techexpress.co.nz, these Techexpress Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of New Zealand and the parties submit to the jurisdiction of the courts in that Country.
16.6
No Techexpress employee or agent has the authority to vary any of the Terms and Conditions governing any sale.