BACKGROUND

 

Magpie Electronics Limited, referred to as (“the Vendor”) supplies goods and services in the consumer electronics industry to individuals, companies and partnership (“the Customer”), subject to the following terms and conditions of trade. Provision of goods and services are strictly subject to the acceptance of these terms and conditions and unless notification of non-acceptance is provided by the Buyer, there will be deemed acceptance of these terms.

 

  1. DEFINITIIONS
    • “Customer” means the person/s, partnership or company ordering goods and services from the Vendor.
    • “Order” means any offer or order made by the Customer for purchase or products and services from the Vendor.
    • “Raincheck” means a commitment to sell an out-of-stock good at the same price as it was advertised for, before the stock was exhausted.
    • “Vendor” means Magpie Electronics Limited, its successors and assignees or any person acting on behalf of and with the requisite authority of Magpie Electronics Limited.
    • “Website” means any URL link or web page hosted by the Vendor. This does not extend to third party links or web pages.

 

  1. TERMS
    • By ordering goods and services from the Vendor, the Customer hereby accepts these Standard Terms and Conditions.
    • These terms and conditions may only be amended with the Vendor’s express consent in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Vendor and Customer.
    • The Vendor reserves the right to amend these terms and conditions without notice at a time of its choosing. If changes are to be made, these will be communicated to the customer within five working days before the change taking effect.

 

  1. ACCEPTANCE
    • The Customer acknowledges that a copy of these standard terms and conditions have been communicated by the Vendor. Acceptance of a quote, invoice, placement of an order, whether by signature, email or other form of acceptance, including verbal acceptance, deems that the Customer accepts these terms and conditions issued by the Vendor.

 

  1. ONLINE PURCHASES
    • The Vendor’s website and the information listed on it constitutes an invitation to treat and not an offer to sell or supply goods or services.
    • Goods will be described and advertised on the Vendor’s website for sale until the date specified online or instore, or until the goods and services are removed from the website. The goods and services will be sold at a no greater price than that listed on the Vendor’s website or instore.
    • The Customer cannot cancel or revoke any Orders or purchases made unless expressly provided for in these terms and conditions or otherwise permitted by law.
    • The Customer may enter into a contract with the Vendor for purchase of goods and services by making an offer via the website at the price advertised on the website by doing the following:
  • Placing an electronic order for the products using the cart function;
  • Confirming the order details in accordance with the procedure outlined on the Vendor’s website;
  • Making payment in full (plus any applicable delivery charges) on the website; and
  • The Vendor’s acceptance of the Customer’s offer in accordance with these standard terms and conditions.
    • The Customer will have been deemed to communicate an offer to purchase goods and services where:
  • All procedural requirements on the website and these terms and conditions have been satisfied;
  • The electronic instruction from the Customer with the offer is entered and recorded in the Vendor’s database;
  • A record is stored and recorded in the Vendor’s database; and
  • The Vendor receives payment in full from the Customer for the goods and/or services (including any applicable delivery and handling charges) and confirmation that payment has been received by the Vendor’s database.
    • If the Customer’s Order is not accepted by the Vendor, it will notify the Customer by telephone or email and arrange for a full refund of any payment made which is yet to be processed.
    • The Vendor may, at its sole discretion, accept or reject any offer made by the Customer for any reason, including an error in the price advertised, the description of the goods or services, or an error in the Order itself.
    • The Customer, when making an Online Order, acknowledges that they are eighteen (18) years of age or over, accepting these terms and conditions and agreeing to enter into a legal contract on the basis of those terms.
    • The Vendor reserves the right to take any legal action seeking compensation for loss or damage that may be suffered as a result of a transaction being entered into by a minor, against the parent or guardian of the minor who allows for the Order to be placed.

 

  1. PRICE AND PAYMENT
    • All prices that are quoted, provided instore or which are listed on the Vendor’s Website are in New Zealand dollars and are inclusive of GST and any other sales tax. The Vendor can, at its sole discretion, alter prices at any time for any reason.
    • All prices published by the Vendor instore, online, on its website or otherwise are on the basis that the goods and/or services are for sale until a specified date or until stock is exhausted, whichever occurs first. The sales will be no greater than the advertised GST inclusive price.
    • The Vendor reserves the right to correct any mistakes in price, notification of which will be communicated to the Customer.
    • All payments by the Customer must be made in full unless otherwise agreed to by the Vendor.
    • Payments must be made instore or if online, via the Shopify secure payment gateway facilities accessible via the Vendor’s website, and will be subject to the terms and conditions of those providers. Alternatively the Customer can authorise the Vendor to charge their credit card account for the total purchase price of the goods and services ordered and the applicable delivery fees at the time the products are dispatched.
    • To the extent permitted by law, the Vendor is not liable for any damages or direct or indirect consequential loss arising from a credit card, One Finance or Shopify account being used fraudulently or being used in an unauthorised manner.
    • If there are issues encountered with payment, the Vendor reserves the right to contact the Customer directly to make alternative payment arrangements. The Vendor is not liable for any issues encountered with third party payment providers. Such issues are subject to the terms and conditions of that provider and the Customer must contact that provider directly.
    • The Customer is responsible for any additional costs including postage and delivery, unless expressly stated or agreed to otherwise by the Vendor.
    • The Vendor will endeavour to ensure that representations about stock availability of goods is accurate to the last known stock level. The Customer acknowledges that stock availability is subject to change. The Vendor does not guarantee or warrant there will be sufficient stock of goods for the Customer’s purposes at any one time. If there is not sufficient stock availability, the Vendor will make contact with the Customer by phone or email as soon as possible.
    • Unless specifically stated that a Raincheck will not apply, the Vendor may, at its sole discretion, offer a Raincheck to the Customer if a good has sold out, or is temporarily out of stock, during an offer or promotion period (“Promotion Period”). The Customer may then purchase that good from the Vendor at a later date for the same price during the Promotion Period once the good is back in stock. The Vendor is under no obligation to offer a Raincheck to a Customer for an out of stock product.

 

 

  1. SUPPLY AND DELIVERY
    • Subject to compliance with these terms and conditions and acceptance of the Customer’s offer, the Vendor will supply the goods and services as agreed to the Customer.
    • Goods and services may not be immediately available for supply and delivery. The Vendor will endeavour to deliver the goods and services to the Customer within ten (10) business days of the Customer placing an Order, but offers no guarantee or warranty as to delivery timescales.
    • When a Customer completes an Online Order, a choice is available to have the good or products delivered to a specific address or be collected from the Vendor’s store.
    • The Customer will be deemed to have accepted the Order of goods upon delivery of the goods to the specified address provided or collection of the Order directly from the Vendor.
    • For collection of goods from the Vendor’s store, the Vendor will make contact with the Customer when the goods are ready to be collected. The Customer must produce identification and proof of purchase when collecting goods from instore.
    • If the Customer chooses to have goods delivered to specified address, that address must be an address within New Zealand and not a PO Box or freight forwarding location.
    • Upon receipt of the Customer’s Order, the Vendor will dispatch that Order to the specified delivery address within ten (10) business days from the date that the Order is placed. The Vendor will use its nominated carrier for delivery.
    • For Orders to be delivered in a remote or regional area, time for delivery may be greater than 10 business days. Any issues with delivery will be communicated by the Vendor to the Customer.
    • If the Order involves large or bulky items, then the Vendor will make contact with the Customer to arrange a suitable time for delivery.
    • The Customer is required to accept all deliveries in person.
    • If the Customer wishes to change the address for delivery, this must be communicated to the Vendor as soon as possible and no later than 48 hours prior to the Order being dispatched.
    • The Vendor will use its best endeavours to deliver products within the provided timeframe, however it does not warrant or undertake that these timeframes will always be met due to factors that may well be outside of the Vendor’s control.
    • The Customer is responsible for informing the Vendor of any potential difficulties with delivery of goods, such as remote delivery location or restricted access. If the Customer fails to communicate such issues and the delivery carrier deems it to be a difficult location, the Customer will be liable for any additional charges including redelivery fees and the cost of any additional support required.
    • The Vendor is not liable for delivery failures or delays of the nominated delivery carrier.

 

  1. TITLE, RISK AND OWNERSHIP
    • Title and ownership in goods supplied by the Vendor passes to the Customer upon collection of the goods from the Vendor’s store, or, in the event of an online purchase, upon delivery.
    • All risk in goods and products supplied by the Vendor, including liability for loss and damage, passes to the Customer upon the goods or products upon collection from the Vendor’s store, or in the event of an online purchase, when the goods are passed onto the nominated delivery carrier.

 

  1. RETURNS AND EXCHANGE POLICY
    • The Customer is unable to return goods to the Vendor for a refund on the grounds of change of mind about the purchase.
    • If goods supplied by the Vendor to the Customer do not comply with the consumer guarantees provided for in the Consumer Guarantees Act 1993 (“CGA”), the Customer has a number of remedies available to them depending on the nature of the defect or issue.
    • If the issue with goods is minor in nature, warranting repair, then the Customer agrees that it will first require the Vendor to fix the issue within a reasonable time at no further cost to the Customer. If the Customer does not provide this opportunity to the Vendor, then the Customer waives their right to a further remedy.
    • If the Vendor refuses or fails to rectify the defect, or does not do so within a reasonable timeframe, then the Customer has rights to remedies provided under clause 8.6.
    • If there is a failure to exercise rights to reject goods in satisfaction of section 20 of the CGA, the Customer acknowledges that it has waived its right to a further remedy.
    • If the issues with goods is of a serious nature, the Customer can elect to choose one of the following remedies:
  • A refund of any money paid towards purchase price of the goods, whether in cash or store credit at the customer’s discretion; or
  • A replacement of goods of the same type or similar value to replace the defective or rejected goods.
    • For the purposes of clause 8.6(b), any replacement goods provided to the Customer will be subject to the same consumer guarantees and obligations under the CGA.
    • If the goods supplied to the Customer do not comply with the statutory guarantees, the Vendor will meet its obligations to remedy and rectify those issues.
    • The Customer agrees that if goods supplied by the Vendor are used in a manner or to an extent that is inconsistent with the manner or extent of that use that a reasonable consumer would have expected to obtain from the goods, and the goods have complied with the guarantee of acceptable quality if they had not been used in that manner, the CGA does not apply.
    • Any costs of returning goods to the Vendor by courier or post will be the responsibility of the Vendor if it is determined that the goods supplied are defective or faulty, therefore breaching a consumer guarantee.
    • Any refunds issued to Customers are normally processed within seven (7) business days.

 

  1. DEFAULT
    • In the event that the Customer is in default of these terms and conditions, or any other contract between the Customer and Vendor, the Vendor reserves the right to:
      • Demand payment of all or part of any sums whether due or not; and/or
      • Require security for such obligations to its full satisfaction before any further goods and services are made available to the Customer; and/or
      • Withhold without notice goods and/or services ordered or purchased by the Customer; and/or
      • Charge penalty interest at a rate of 18.00% per annum on the amount in arrears; and/or
      • Cancel this or any other contract between the parties without prejudice to any rights of the vendor to recover outstanding monies.
    • Without prejudice to other remedies available to it, the Vendor shall be entitled to cancel this and any other contract for goods or services with the Customer in the following circumstances:
      • If the Customer becomes insolvent or is adjudicated bankrupt;
      • If a receiver is appointed in respect of the assets of the Customer;
      • If the Customer no longer carries on business or threatens to cease carrying on business;
      • If an arrangement with the Customer’s creditors is made or is likely to be made; or
      • If the ownership or effective control of the Customer is transferred or the nature of the Customer’s business is materially altered.
    • The Customer shall pay all costs incurred by the Vendor, including costs on a solicitor-Customer basis, and any costs associated or incurred in relation to recovery or attempted recovery of outstanding monies and enforcement of these terms and conditions.

 

  1. PERSONAL PROPERTY SECURITIES ACT 1999
    • Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
      • these terms and conditions constitute a security agreement for the purposes of the PPSA; and
      • a security interest is taken in goods supplied by the Vendor to the Customer (if any) and goods that will be supplied in the future by the Vendor to the Customer.
    • The Customer undertakes to:
      • sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Vendor may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
      • indemnify, and upon demand reimburse, the Vendor for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any goods charged thereby; and
      • not register a financing change statement or a change demand without the prior written consent of the Vendor.
    • The Vendor and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
    • The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
    • Unless otherwise agreed to in writing by the Vendor, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.

 

  1. CONSUMER GUARANTEES ACT 1993
    • Nothing in these terms and conditions is intended to be contrary or void provisions of the Consumer Guarantees Act 1993 (“CGA”), except to the extent permitted by the CGA or to exclude liability by provision contained in another statute or prescribed regulations.
    • If and to the extent that such liability cannot be lawfully excluded, these terms and conditions shall be modified to the extent necessary to give effect to such limitation of liability.
    • The Customer agrees that if goods and services are acquired from the Vendor for business-related purposes, the warranties and guarantees contained in the CGA do not apply to that transaction. No other guarantees are expressly provided but those included in these terms and conditions.

 

  1. ELECTRONIC TRANSACTIONS ACT 2002
    • The Customer consents to receiving communications from the Vendor electronically and agrees that all agreements, notices, disclosures and other communications provided satisfy the requirements for communications to be in writing.
    • The Customer agrees to be bound by all documents communicated electronically pursuant to the provisions of the Electronic Communications Act 2002.

 

  1. WARRANTIES AND CONDITIONS
    • The Vendor makes no representations or warranties of any kind, express or implied, in relation to any information, content, material or products included on its website or as to its availability, functionality or performance, except as otherwise provided by law.
    • The use of information listed on the Vendor’s website is at the Customer’s own risk. The Customer agrees to indemnify the Vendor and its agents from all damages, losses, penalties, fines, expenses and costs which arise from the Customer’s use of the website, any information provided to the Vendor on the website or any damage that the Customer may cause to the website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, breach of privacy, trademark infringement and breaches under the Fair Trading Act 1986.

 

  1. PRIVACY ACT 1993
    • The Vendor will collect personal information about the Customer when provided to the Vendor, including via its website, any related service, through any registration or ordering process, through any contact with the Vendor or when the Customer buys or uses goods and services provided by the Vendor.
    • This clause does not exclude or limit the Customer’s rights under the Privacy Act 1993.
    • The Customer authorises the Vendor or the Vendors’ agent to:
  • access, collect, retain and use any information about the Customer:
  • in order to verify the Customer’s identity;
  • for the purpose of assessing the Customer’s creditworthiness (including any overdue fines balance information held by the Ministry of Justice); or
  • for the purpose of providing and marketing products and services to the Customer, including communicating electronically and for any other purpose authorised by the Customer and/or the Privacy Act 1993; and
  • disclose information about the Customer, whether collected by the Vendor from the Customer directly or obtained by the Vendor from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining payment, a credit reference, debt collection or notifying a default by the Customer.
    • The Customer shall have the right to request from the Vendor a copy of information held about the Customer by the Vendor and the right to request to request the Vendor to correct any incorrect information about the Customer held by the Vendor.
    • The Vendor will take reasonable steps to keep the personal information relating to the Customer safe from loss, unauthorised activity, or other misuses. While the Vendor will take reasonable security measures for internet connections, if personal information is communicated by the Customer electronically, the provision of that information is at the Customer’s own risk.
    • If the Vendor merges, sells or otherwise changes the structure of its business, it reserves the right to without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from the Customer and any agreements made with the Customer.
    • The Vendor may use cookie files containing information about the computer that the Customer uses for accessing its Website. The cookie file is anonymous and only provides the Vendor with the Customer’s IP address, PC platform (such as Windows or Mac), the type of internet browser used and the domain (where you are accessing the website from, such as New Zealand or in another country). The Customer can choose to refuse cookies by turning them off in their internet browser and/or deleting them from the stored files on their computer.

 

  1. LIABILITY
    • If any of these terms and conditions are held by a Court of New Zealand to be ineffective by virtue of illegality or otherwise, then such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other conditions or part of them.
    • The Vendor’s liability in any case for defect or default, is limited to the total purchase price of the goods or services in respect of which the defect or default arises. The Vendor has not further liability or responsibility for any direct, indirect or consequential injury, loss or damage howsoever arising.
    • This clause shall not prevent the Customer, who is a consumer as defined in section 2 of the Consumer Guarantees Act 1993 from exercising any rights or remedies that the Customer may have under that Act.
    • The Vendor will not be liable whatsoever for any claims if the goods and services provided are any way altered or adapted for a purpose or use which they are not specifically intended.
    • The Vendor will not be liable for any errors or delay in performing any of its obligations under these terms if such errors or delay is caused by circumstances outside of the Vendor’s control, including but not limited to, a failure of or interruption relating to the internet, electricity supply, payment systems or deliveries.
    • The Vendor is not liable for responsibility and control of third party websites, links to which may be provided on the Vendor’s Website. The Vendor should not be seen to endorse, approve, recommend, give preference to or host those third parties or their websites, or any information, products or services referred to by those third parties unless otherwise expressly stated.

 

  1. GENERAL
    • These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the New Zealand courts.
    • The Vendor shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Vendor of these terms and conditions (alternatively the Vendor’s liability shall be limited to damages which under no circumstances shall exceed the sale Price).
    • The Vendor may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    • The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.