Terms and conditions of use
Where the seller accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
• Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
• Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to $15 or 25% (whichever the greater) of the price amount.
• Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
Ordering and Formation of Contract
The seller's website, the information on it and any information in emails and other forms of advertisement constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
The buyer may order products from the seller by completing and submitting the checkout process on the seller's website or in store. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order.
The sellers discretion in rejecting orders:
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order
Consumer Guarantees Act 1993
In the event of a transaction the conditions of sale is subject to the Consumer Guarantees Act 1993 ("the Act") then;
• Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.
• In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.
For more information about the Consumer Guarantees Act click here
Payment and Prices of goods
If you do not pay any money owed when due, you will be obliged to pay any collection cost incurred by Hear NZ (including debt collector and legal fees on a solicitor-client basis).
Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD).
Taxes and other charges:
All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.
Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
The seller may vary any prices on the seller's website at any time and without notice to the buyer.
Availability and Cancellation
All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
Cancellation of orders:
Where products are listed on the seller's website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
The seller may cancel the buyer's order any time prior to our order confirmation. Any variation, waiver or cancellation of the order by the buyer shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to $15 or 25% (whichever the greater) of the price.
Once the seller has confirmed acceptance of the buyer's order, the seller will endeavour to dispatch the buyer's order within 3 business days unless a different timeframe is specified in relation to a particular product. If the seller is unable to dispatch the buyer's order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date.
The seller reserves the right to dispatch the buyer's order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments up until the instalment is confirmed..
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.
The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers’ delivery instructions.
The buyer is responsible to supply a correct delivery address.
It is the buyer’s responsibility to follow up with the courier company in case of non-delivery of their order as per instructions given in dispatch email.
The buyer can contact Hear NZ in case of non-delivery of an order only after following the steps as per dispatch email and within 7 working days of receiving the dispatch email.
Shortages, Damages or Loss in Transit
• Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
• Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
1. Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received.
2. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
3. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
• No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.
Return of Goods for Credit for Refund
Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.
• Requests to return goods must be submitted within 7 days from the date of shipping and the original invoice number must be quoted.
• Where goods are accepted (for credit or refund at the sellers’ discretion) they must be delivered at the buyer's expense into the seller's store or warehouse in original condition and packaging. Returned products are the buyer's responsibility until they reach the seller. The seller shall not be responsible for misdirected shipments or products lost or damaged in transit.
• The seller reserves the right to levy a restocking fee against any returns the seller may agree to accept. Such fees may be up to $15 or 25% (whichever the greater) of the invoice priced and levied at the seller's absolute discretion.
• Any refunds (at the sellers’ discretion) will be refunded in the form of the original payment method used by the buyer.
• Forward replacements are provided at the seller's discretion. If you have been provided a forward replacement and you do not return the item it is replacing then the seller is entitled to charge the price of the forward replacement to your credit card
• Under the Consumer Guarantees Act the Seller is not required by the law to offer a refund if the Buyer decided they do not want the goods anymore after the purchase. The Act only applies when the goods do not meet one of the guarantees. Each return case under this circumstances will be looked at individually by the Seller to decide whether to accept the return or decline.
Liability and Maintenance Guarantee
To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.
To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.
To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.
In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged.
At the termination of the appropriate period (ie guarantee period) all liability on the seller's part ceases.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.
Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
Description of Products
Modifications and improvements to the seller's products are constantly being made.
Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller.
If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action.
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control
The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
Ownership and Risk
Ownership of all goods sold by the seller ("the goods") is retained by the seller until the buyer has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
Until full payment is made the buyer agrees to:
1. Enable the goods to be readily identifiable as the property of the seller.
2. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
3. On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
Personal Property Securities Act 1999
• Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:
1. These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
2. A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship;
• The buyer undertakes to:
1. 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 seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
2. indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;
3. not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller;
4. give the seller not less than 14 days prior written notice of any proposed change in the buyer's name and/or any other change in the buyer's details (including but not limited to, changes in the buyer's address, facsimile number, or business practice); and
5. Immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
• Unless otherwise agreed to in writing by the seller, the buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA
Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer's delivery instructions), the buyer assumes full responsibility for and risk in the products.
Changes to these Conditions of Use
The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller's website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
Disputes and Governing Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by 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 these Conditions of Use (and any contracts to which these Conditions of Use apply).
The information we collect and how it is used
Personally Identifiable Information provided by you when you register for promotions and services that we may offer will only be used for the purposes that is collected for. Your information may from time to time be used for receiving relevant updates, promotional, publicity, marketing or market research that we might undertake. It will only be shared with third parties when we believe in good faith that we are required to do so by law or if your prior permission has been obtained. You will have access to view your personal information and have the option to have it removed from our website.
Aggregated Data such as traffic through our website does not identify you personally and the results are a summary of many accounts. This information is used to help us find ways to improve our website and may be viewed by external consultants to give us recommendation on where they can see where we can improve. This data will not be linked to the personally identifiable information.
A cookie is a small file that resides on your computer and is recognised by our website. The information is set by the website you are accessing and can only be accessed by the website that sets it. It is used by our website to store your basic preferences so when you return or while you are browsing through our website we can ensure the appropriate format and content gets delivered to you.
Opting in and opting out of receiving updates and special offers
You will always have the option to opt in to certain services and to opt out of those services at any stage. This means you may change your mind at any stage about participating in any of our member services.
The Privacy Act of 1993 gives you the right to access and correct your personal information.
We do not deliver outside New Zealand, however, an overseas order may still be placed with a New Zealand delivery address.