Terms of Supply
1. Our agreement
1.1 These terms and conditions ("Terms of Supply") describe the basis for the purchase by you and sale by us of the goods described on this website www.orbitsound.co.nz (the "Website") which we own and maintain.
2. About us
2.1 We are Orbitsound New Zealand Ltd, a company incorporated in New Zealand (company number 4914659). Our registered address is 25 Laurie Avenue, Parnell, Auckland, 1052, NZ. Our principal place of business is 201 Hobson Street, Auckland, New Zealand.
2.2 Further information about us is available on the Corporate Information webpage and about the Orbitsound brand at the About Us webpage.
2.3 If you have any questions, complaints or comments about the Website or these Terms of Supply then please contact us by email or telephone using the contact details set out on the Contact Us webpage.
3. Our Goods
3.1 The images of the goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the goods. Your goods may vary slightly from those images.
3.2 The packaging of the goods may vary from that shown on images on our site.
3.3 All goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the goods you have ordered is not available and we will not process your order if made.
4. Placing an order
4.2 Each order that you place is an offer to buy those goods and we shall accept that offer at our sole discretion, but orders are normally accepted if:
(a) the goods are available;
(b) the order reflects our current pricing;
(c) the goods are for delivery to a destination in New Zealand; and
(d) your credit or account card is authorised for the transaction.
4.3 We will confirm receipt of your order through our automatic screen confirmation of the order and we may also follow this up with a confirmatory email ("Order Confirmation"). Please note that at this stage your order for goods may not have been accepted by us.
5. Formation of the contract
5.1 We will confirm our acceptance of your order for goods by sending you an email confirming that the goods have been dispatched ("Dispatch Confirmation").
5.2 The contract between us will only be formed when we send you the Dispatch Confirmation (the "Contract"). These Terms of Supply, the Order Acknowledgment, the Dispatch Confirmation and any other information relating to the goods which we have brought to your attention are incorporated into the Contract.
5.3 The Contact will only relate to those goods which have been confirmed in the Dispatch Confirmation and we will not be obliged to supply any other goods which you have ordered until we have sent you a separate Dispatch Confirmation in respect of such goods.
5.4 If we are unable to supply you with those goods, for example because those goods are not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the goods, we will refund you the full amount as soon as possible.
6.1 The price of the goods and our delivery charges will be as set out on the Website from time to time, except in the case of obvious error. All prices include GST.
6.2 Payment for the goods and related costs will be due at the time we accept your order, unless otherwise agreed in writing between us beforehand.
6.3 We reserve the right to amend our prices and delivery charges at any time, but such changes will not affect any order for which we have already sent you a Dispatch Confirmation.
6.4 The Website sells a large number of goods, so it is possible that despite our best efforts, that some goods may be incorrectly priced. We will usually verify the price of any goods as part of our dispatch process and if the price of the goods:
(a) is lower than the price stated on the Website, we will charge this lower amount to you when dispatching the goods to you; or
(b) is higher than the price stated on the Website, we will at our discretion either contact you for instructions prior to dispatching the goods or reject your order and notify you of such rejection by email.
6.5 We are under no obligation to provide goods to you at an incorrect lower price, even once we have sent a Dispatch Confirmation to you, if the pricing error is obvious and unmistakeable and could have been recognised by you as an error.
6.6 Payment for good must be by credit / debit card, as set out on the Website. We will not charge your credit / debit card account until your order has been accepted. You confirm to us that the payment method that is being used is yours. If your payment provider refuses to authorise payment we will not accept your order and we will not be responsible for non-delivery of the goods. We are not responsible for your payment provider charging you as a result of our processing of your payment in accordance with your order.
7.1 Time is not of the essence for delivery. All delivery dates are given only for general guidance and we will not be held in any way liable for late delivery of goods.
7.2 We will aim to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no date is specified, within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7.3 The goods will be at your own risk once they have been successfully delivered, but you will own the goods once we receive full payment of all sums due in respect of the goods, including delivery charges.
7.4 We shall attempt to deliver the goods to the address you specify for delivery, or if none, to the credit card address you supply. It is important that these addresses supplied by you to us are accurate.
7.5 If no one is available at your address to take delivery, we will leave you a note that the goods have been returned to our premises, in which case, please contact us to rearrange delivery.
7.6 Delivery will be completed when we deliver the goods to the address you provided.
7.7 Goods supplied are not for resale.
8. Our promise
8.1 We promise that any goods purchased from us through the Website will, on delivery and for the following 12 months, correspond in all material ways with their description, be of satisfactory quality and be reasonably fit for all purposes for which those goods are commonly supplied.
8.2 Our promise is in addition to your legal rights in relations to the goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau.
9. Return of goods
9.1 If you change your mind or for any other reason you decide you do not want to receive the goods during the period set out in clause 9.1 above, you can notify us of your decision to cancel the Contract and receive a refund.
9.2 To cancel the Contract, please contact us using the contact information referred to in clause 2.3 above. You may wish to keep a copy of your cancellation notification for your own records.
9.3 If the goods have already been delivered to you:
(a) we will arrange for the goods to be returned to us as soon as reasonably practicable at our own cost; and
(b) you have a legal obligation to keep the goods in your possession and to take reasonable care of the goods while they are in your possession.
9.4 You will receive a full refund of the price you paid for the goods. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.2 above9.2. We will refund you on the credit card or debit card used by you to pay.
9.5 If you have returned the goods to us because they are faulty or mis-described, we will refund the price of a defective goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.6 As a consumer, you will always have legal rights in relation to the goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms of Supply.
9.7 Details of your legal right to cancel and an explanation of how to exercise it are set out on the returns webpage and are provided in the Dispatch Confirmation.
9.8 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 If we breach these Terms of Supply we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into the Contract.
10.2 We are not responsible for:
(a) losses not caused by our breach;
(b) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms, for example loss of profits or loss of opportunity; and/or
(c) failure to provide the goods or to meet any of our obligations under these Terms where such failure is due to events beyond our control.
10.3 Our aggregate liability to you in connection with each Contract shall not exceed the value of the goods ordered by you under that Contract.
10.4 Nothing in these terms seeks to exclude or limit our liability for death or personal injury caused by our negligence, fraud or any other liability which cannot by law be validly excluded or limited.
11.1 If you breach these Terms of Supply and we take no action against you, or if we do not enforce our rights against you, or if we delay in doing so, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Supply.
11.2 If any part of these Terms of Supply is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
11.3 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Supply.
11.4 Each Contract is personal to you and you may only transfer your rights or your obligations under a Contract to another person if we agree in writing.
11.5 These Terms of Supply are not intended to give rights to anyone except you and us.
11.6 We will do our best to resolve any disputes over these Terms of Supply. If you wish to take court proceedings against us you must do so within New Zealand. The laws of New Zealand apply.