You agree that these Terms and Conditions will apply to:
- Your access to and use of the Website; and
- All goods we supply to you (whether through direct or on-line orders)
Definitions
Definitions in these Terms and Conditions, the following terms have the following meanings (unless the context requires otherwise):
- “Account” means the account (whether credit or on-line) you open with us for the purchase of goods.
- “Buyer” or “you” means you (the user – our customer) and includes, where relevant any other person ordering goods via your Account.
- “Us” or “we” means Digital Imports Ltd and includes our successors and “our” will have a corresponding meaning.
- “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
- “goods” means the products and other goods advertised for sale from time to time on the Website together with any other goods which we may agree to supply you in accordance with these Terms and Conditions.
- “Website” means the website https://digitalstore.co.nz which we own and operate and includes any amendments and updates which we make to that website from time to time.
- “order” means an order made by you for the supply of goods by us.
- “RMA procedures” means the return merchandise authority procedures set out in the RMA clause of these Terms and Conditions.
- “shipment” means dispatch of the goods by us to the delivery address specified by you for those goods.
- “writing” includes e-mail or other electronic communication in readable form by people.
Use of the website
When accessing or using the Website, you agree:
- You will not access or use the Website for any illegal purpose.
- You will not interfere with the use and enjoyment of the Website by any other person or damage the operation of the Website or the electronic systems of any other person who accesses or uses the Website.
- You will not link to the Website without the prior written consent of Digital Store.
- If you open an online account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.
- We will use reasonable endeavours to prevent unauthorised access to and use of the Website and ensure security of online payments. However, we shall not be liable for any loss, cost or damage you may suffer or incur as the result of any unauthorised access to the Website or our online payment systems.
- We use cookies to assist your use of this site. Cookies are pieces of data the Website sends to your browser when you access it. They help us to administer the website and learn about how you use it. Although cookies collect information about you, it is not personal information and you cannot be personally identified by it. You are free to disable cookies on your web browser if you choose to. Our full Privacy Policy is set out below.
All content included in or made available through the Website, including without limitation, text, graphics, logos, button icons, and images is our property or the property of our suppliers. You must not copy, reproduce, alter, modify, transmit, link to or otherwise distribute any information contained on the Website without our prior written consent.
We have not reviewed every site that is linked to the Website and we are not responsible for the content of any off-site pages or any other sites linked to the Website.
Changes or updates to the content of the Website including these Terms and Conditions may occur at any time without notice. We encourage you to visit the Website regularly to acquaint yourself with the most current information.
Orders
All orders must be made to us in writing and must be made either online via the Website or by contacting us directly.
We will endeavour to fulfil the orders placed by you for goods. However, we are not obliged to accept any order. We may cancel any order if:
- We are not able to obtain the goods from our suppliers and manufacturers within a reasonable time; or
- You are in breach (or we believe you are in breach) of any provision under these Terms and Conditions.
We will notify you of any such cancellation.
Each order made by you constitutes a legal offer to purchase the goods described in that order. We will advise you if we anticipate any unreasonable delay in delivery of the goods you have ordered, such as where we do not currently hold those goods in stock. Regardless of any other communication between you and us in relation to your order, the time of acceptance of your order shall be (unless notified otherwise):
- Where we have those goods in stock, the time of shipment of those goods by us; or
- Where we do not currently hold the goods in stock and must order them on your behalf from the relevant supplier or manufacturer, at the time we advise you that we have placed the order with the relevant manufacturer or supplier.
You may vary or cancel an order by notice to us in writing at any time prior to our acceptance of that order. After we accept your order, you may only vary or cancel it if we agree to that cancellation or variation in writing.
If we agree to accept cancellation or variation of your order, we may charge you a handling fee of up to 10% of the price of the goods ordered.
Any term or condition contained in your order which is inconsistent with, purports to qualify, or is contrary to these Terms and Conditions has no effect unless agreed to in writing by us
When using coupons or vouchers from Digital Store you agree:
- Coupons or vouchers cannot be used to purchase a further coupons or vouchers.
- Coupons or vouchers cannot be exchanged for cash.
- Where product purchased online with a coupons or voucher are returned, a replacement coupon or voucher may be issued at Digital Store’s discretion.
- We are not responsible if a coupon or voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
Price and Payment
For each order made by you the amount owing by you will be:
- The price of the goods plus GST; and
- Any relevant taxes, freight and packing charge(s),
in each case, as listed on the Website or otherwise advised to you by us at the time your order is placed.
If we do not have the goods in stock at the time your order is made and the cost to us of acquiring the goods increases for whatever reason, we may notify you that we intend to increase the price payable by you for the goods. You may proceed with the order at the increased price or cancel the order by providing us with written notice.
- GST will be added to all amounts charged by us unless otherwise stated.
- All prices are in New Zealand dollars.
- All prices and freight, packing and insurance charges are subject to alteration without notice to you, but any alteration will not affect orders already accepted by us unless by agreement between you and us.
Unless we have agreed to alternative arrangements with you these Terms and Conditions apply, you must pay for the goods ordered and any relevant taxes, freight, packing, and insurance charges prior to shipment.
Payment may be made using any of the following methods:
- Cash
- Bank cheque
- Credit card
- Direct credit to our nominated bank account. However, transmission of payment into that account will not constitute payment and you remain liable for the full amount payable until our bank acknowledges to us that the payment has been cleared.
Shipping and Delivery
Please note Shipping is within New Zealand only – Shipping for overseas external to New Zealand would be quoted separately – Please contact us if you require international shipping.
We will deliver the goods ordered to the location specified in the relevant order.
We may advise you of an estimated date of delivery of the goods. We will use reasonable endeavours to deliver the goods on or before the estimated delivery date. However time of delivery will not be of the essence and we will have no liability to you if there is a delay.
We may deliver the goods ordered in instalments.
We will not charge you for freight for orders exceeding $100, subject to the following conditions:
We will select the method of delivery; but
If you request an alternative method of delivery (e.g. Saturday or urgent delivery) and we agree to deliver the goods using the alternative method of delivery, we will charge you for freight costs incurred in using the alternative method of delivery.
You must inspect the goods within the following timeframes after delivery by the carrier to the delivery address:
- Immediately upon delivery of the goods, you must ensure that the consignment contains all the goods ordered and there is no visible damage to the outer packaging. You must notify the carrier immediately if there is a shortfall in the consignment or there is visible damage to the outer packaging.
- Within 5 days after delivery of the goods, for damage to the goods.
- You must notify us within 5 days after delivery of any shortfall or damage to the goods. You must give us the opportunity to investigate the claim. If you do not notify us within that time, you will be deemed to have accepted that the goods comply with your order and are undamaged. We will then be under no liability to you if the goods do not actually comply with your order or are damaged.
In respect of any shortfall, our liability to you is limited to, at our option, making up that shortfall or refunding you the purchase price of the goods that fell short.
In respect of any damage to the goods our liability to you is limited to, at our option, replacing the goods, repairing the goods, or refunding you the purchase price of the damaged goods.
Return of Goods
Goods which comply with your order may not be returned without our approval.
You must submit your request to return goods to us within 5 days after the date of delivery quoting the relevant invoice number.
If we agree that you may return the goods, the following provisions will apply:
- You must comply with our RMA procedures;
- We may, at our option, provide you with a credit or refund the purchase price of the goods returned;
- You must deliver the goods to our premises at your cost in the original condition and original packaging; and
- We may, in our absolute discretion, deduct freight costs and a restocking fee of up to 15% of the purchase price of the goods returned.
Warranties and Repairs
The “Warranty Period” referred to in this clause is 12 months after the date you purchase the goods, unless stated otherwise on the product.
During the Warranty Period, we warrant (in addition to any rights you may have under the Consumer Guarantees Act 1993) that on the date of delivery the goods are free from defects in materials or workmanship (the “Warranty”).
The Warranty is solely for the benefit of the original purchaser of the goods.
If you wish to make a claim for breach of Warranty (a “Warranty claim”) you must notify us of the claim within the Warranty Period (time being of the essence). You may be required to provide evidence of your proof of purchase. You will also need to comply with our RMA procedures.
To the extent permitted by law and subject to any rights you may have under the Consumer Guarantees Act 1993, our liability to you in relation to any Warranty claim is limited to (at our option):
- Replacement of the goods;
- Repair of the goods; or
- Refund of the purchase price in respect of the goods, less any freight costs.
- If we agree to your Warranty claim, you must (at your cost) return the goods to us for repair, replacement or refund (as determined by us). We will pay for the return of any repaired or replaced goods to you.
The Warranty described in this clause does not cover damage:
- From misuse, accident, improper use, failure to maintain or repair or improper maintenance, repair or installation, or any modification, adjustment or other tampering by you or any other person, whether deliberate or otherwise; or
- Caused by electrical power surges, lightning storms or other acts of God.