Terms and Conditions
We are Tex Tone Limited,. Email contact is: email@example.com
We operate the website www.textone.co.nz
These Terms and Conditions regulate the relationship between you and us. By using our website in any way, or by buying goods from us, you agree to be bound by these Terms and Conditions.
To use this website or to buy goods from us you must be legally capable of entering into binding contracts and have full authority, power and capacity to agree to these Terms and Conditions.
Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
3 Written communications
Where the law requires us to send you information or communications in writing, such communication will be primarily electronic through e-mail or notices posted on our website. By accessing our website or ordering any goods from us, you agree to this electronic means of communication.
4 Order process
Your order for any goods shall be deemed to be an offer by you to purchase the goods pursuant to these Terms and Conditions and subject to acceptance by us.
We may choose to accept or decline your order for any reason.
Acceptance of your order will be by email informing you that the goods have been dispatched. That is when the contract is made.
We do not guarantee that the goods advertised on our website are available.
If any goods are listed on our website at an incorrect price or with incorrect information we reserve the right to refuse or cancel your order for the goods, whether or not such order has been confirmed by us. In such circumstances any payment made by you will be reimbursed.
Prices on our website are displayed in different currencies depending on the origin of the order. New Zealand pricing includes goods and services tax (“GST”). Overseas buyers are excluded from this tax.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollars will be borne by you.
The price of the goods does not include the delivery charge which will be charged at the rates applicable on the date you place your order and which will be displayed at checkout before you pay.
If you are located outside New Zealand there is a delivery charge. Any delivery charge will be stated when you order the goods, prior to payment.
Payment must be made upon the submission of your order. We may withhold the goods and/or cancel the contract with you if the price is not received from you in full in cleared funds within 30 days of your order.
We reserve the right to change the prices at any time, and any such change shall take effect when posted on the website. Any change to the prices shall not affect the prices agreed by you at the time of purchasing any goods.
We will arrange for the goods to be delivered to the address for delivery indicated in your order.
We will endeavour to dispatch the goods in a timely manner and will advise you by email when the goods have been dispatched.
Time of delivery shall not be of the essence, and we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Goods are sent at our risk until received by you or by any other person at the address you have given to us. Where you have agreed that the goods can be left at a safe place at your address, risk passes to you when the goods are left in that safe place.
7 Goods damaged in transit
You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us by email. If you notice damage to a product after delivery, you should notify us within 7 days of delivery and then return the product to us in accordance with the Returns Policy in clause 9.
You are also entitled to all guarantees and rights to return faulty goods that may be given by the manufacturer of the goods and by law except where excluded in these terms and conditions.
Our Returns Policy is set out at clause 9 of these Terms and Conditions. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
8 Warranty against defective parts and manufacture
All goods come with a 2-year warranty against defective parts and manufacture. Any goods or parts that we find, within the period of the warranty, to be defective as a result of defective parts and/or manufacture will be replaced by us or repaired at our expense.
If you become aware of a defect in materials or manufacture you must inform us as soon as possible by email at firstname.lastname@example.org. Your email should contain the following information:
- The invoice/reference number.
- The date of purchase.
- A brief description of the fault or damage and, if possible, a photograph of the fault or damage.
- Your daytime contact phone number.
If you agree, we might be able to correct the defect by sending you a new part that can be easily fitted. If not, we will ask you to return the goods to us at our expense. You must return the goods to us within 21 days of our request, by following the procedure set out in our Returns Policy in clause 9 of these Terms and Conditions.
This warranty covers defects in materials and manufacture only. It does not cover faults caused by improper use, incorrect operation or normal wear and tear.
This warranty is only provided to you, the original purchaser, and is not transferable to any other party.
This warranty does not affect your statutory rights as a consumer in any way.
9 Returns Policy
If goods are defective or were damaged in transit to you, we will meet our obligations under the Consumer Guarantees Act 1993 by offering you either a repair, refund or replacement if the goods are defective or damaged in transit.
We will not offer a refund if you simply change your mind about the purchase.
All goods must be returned to us in accordance with the following procedure:
- The goods must be packed securely and returned in the original box to prevent damage.
- Your name and invoice/reference number should be clearly written on a piece of paper, which should be included in the return package. Alternatively, your name and invoice/reference number should be clearly written on the outside wrapper of the return package.
- The package must be sent to us at the address we give to you at the time you advise us that you wish to return the goods.
- The package must be sent with tracking. [Risk remains with you until the package is received by us.]
- It would help us to deal promptly with your returned goods if you emailed us to let us know when the goods had been sent including tracking details.
- You should retain proof of posting and produce the proof of posting if required by us.
In the case of damaged or defective goods or goods which have not been ordered by you, we will reimburse the postage cost reasonably incurred by you in returning the goods to us (such costs not to exceed the cost of sending the goods by standard non-urgent courier with tracking).
Once we receive your returned goods we will, where applicable, examine the goods for damage or defects and either:
- provide you with replacement goods or repaired goods where we are satisfied that the goods were damaged in transit to you, or
- provide you with replacement goods or repaired goods where we are satisfied that the goods are defective due to a defect in materials or manufacture, or
- provide you with a reimbursement (including the delivery charge) where we are satisfied that the goods were defective or damaged in transit to you and we are not able to provide a replacement or repair the goods or
- notify you that we will not be providing replacement goods or repaired goods or a reimbursement (as the case may be) where we are not satisfied that the circumstances meet the requirements of these Terms and Conditions.
If we decide to provide you with replacement goods or repaired goods or a reimbursement, such reimbursement will include, if any, the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Repaired or replacement goods will be sent to you at our expense.
We will make any reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
10 Security of your credit card
We take care to make our website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
11 Foreign taxes and duties
If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
12 Limitation of liability
Except as may be implied by law where you are dealing as a consumer, in the event of any breach of these Terms and Conditions by us, your remedies shall be limited to damages which shall in no circumstances exceed the price of the goods plus the delivery cost and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
We shall not be liable for damages or injury arising from recklessness, negligence or misuse of our products.
Protecting your personal information is important to us. We may collect, store, and use your personal information when you visit our website or buy products on our website. Such information may include your name, address, phone number, e-mail address, gender, payment details and merchandise preferences.
We will use your personal information to process your order, communicate with you about your order, and send you the goods you have purchased. We may also use this information to improve our website and to send marketing material to you from time to time.
We will share your personal information with third parties, including delivery companies, where necessary to complete your order or where required to by law.
You have the right to request access to, and correction or deletion of, your personal information. To exercise these rights, please contact us at email@example.com.
15 Data mining
The automated and/or systematic collection of data from our website is prohibited.
16 Other party’s websites
If our website contains hyperlinks to another website operated by a third party such hyperlinks must not be construed as an endorsement by us of the third party website or any goods or services offered on the third party website.
No waiver by us whether express or implied in enforcing any of our rights under this contract shall prejudice our right to do so in the future.
18 Unusual circumstances
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond our control.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provisions shall be severed and the remainder of the provisions of the Terms and Conditions shall continue to be valid and enforceable to the fullest extent permitted by law as if these Terms and Conditions had been agreed without including the invalid, illegal or unenforceable term or provision.
20 Changes to Terms and Conditions
We reserve the right to change these Terms and Conditions at any time, and any such change shall take effect when posted on the website. It is your responsibility to read the Terms and Conditions on each occasion you access our website. If you do not agree to the Terms and Conditions, or any aspect of them, you should not use the website or purchase goods from us.
Any change to the Terms and Conditions shall not affect the Terms and Conditions agreed by you at the time of purchasing any goods.
21 Applicable laws
This website and these Terms and Conditions shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms and Conditions. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms and Conditions.
22 Intellectual Property We own all proprietary and intellectual property rights in the goods, materials and systems produced by us, including but not limited to, all copyright, designs (whether registrable or not), trade marks (whether registered or unregistered), patents, trade secrets and know-how.
We also own all proprietary and intellectual property rights in our website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recording, videos, and look and feel). We grant you licence to view our website and to copy and store the material on our website in your web browser cache memory and to print pages for your personal and non-commercial use.
We do not grant you any other rights in relation to our goods or the material on our website including, but not limited to, the right to copy, reproduce, alter, publish, distribute, broadcast, or show or play in public our website or the material on our website (in any form or media) without our prior written permission.
We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.
Tex Tone is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within this website.
While the information contained within this website is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and up-to-date.
24 Contacting us
If you have any queries about these Terms and Conditions or any other matter relating to our website, please contact us at firstname.lastname@example.org