Terms & Conditions

  • Home
  • Terms & Conditions

Trading terms and conditions of Smartphone and Tablet devices of Synergy Sales Limited.

 

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Synergy Sales Limited
Our address is: 17/465 MT Eden Road, MT Eden, Auckland – 1024.
You are: a visitor to Our Website / our customer

 

The terms and conditions:

 

  1. Conditions
    In this agreement:“Carrier” means any person or business contracted by us to carry Goods from us to you.
    “Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
    “Content” means any content in any form published on Our Website by us or any third party with our consent.
    “Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
    “Our Website” means the entire computing hardware and software installation that is or supports our website.
    "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases.
    "Posted" and "Posting" shall be interpreted accordingly;
  2. Interpretation
    In this agreement unless the context otherwise requires:

    1. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
    2. These terms and conditions apply to all supplies of Goods by us to any
      customer. They prevail over any terms proposed by you.
    3. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
    4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
    5. In this agreement references to a party include references to a person to
      whom those rights and obligations are transferred or pass as a result of a
      merger, division, reconstruction or other re-organisation involving that party.
    6. The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
    7. All money sums mentioned in this agreement are calculated net of GST,
      which will be charged when payment is due.
    8. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
    9. In any indemnity, a reference to costs or expenses shall be construed as
      including the estimated cost of management time of the indemnified party, such cost calculated $50 per hour.
    10. These terms and conditions apply in any event to you as a buyer or
      prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
    11. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
  3. Delivery and pick up
    1. Deliveries will be made by the Carrier to the address stipulated in your order.
      You must ensure that someone is present to accept delivery.
    2. If we are not able to deliver your Goods within 30 days of the date of your
      order, we shall notify you by e-mail to arrange another date for delivery.
    3. We may deliver the Goods in instalments if they are not all available at the
      same time for delivery.
    4. Goods are sent by courier at your risk to ensure they are received by you or by any other person at the address you have given to us.
    5. All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement quickly and minimize your inconvenience.
    6. Signing "Unchecked", "Not Checked" or similar is not acceptable.
    7. Goods are sent by tracked post or courier. You can get the tracking number by us when we have despatched your order.
    8. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
    9. Some items will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the items has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
    10. Some items are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
    11. Time for delivery specified on the Order, if any, is an estimate only and time shall not be of the essence.
    12. We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
    13. If you pick up Goods from our premises then:
      1. we will not be able to assist you in loading heavy items;
      2. Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
      3. you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
  4. Foreign taxes and duties
    1. If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.
    2. 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.
  5. Liability for subsequent defects
    1. We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act 1908 or which show a defect. If you claim that the item is defective, the following conditions apply:
      1. the defect must be reported to us within four weeks of becoming apparent;
      2. the defect results only from faulty design or manufacture;
      3. you have returned the defective Goods or parts to us if we have so requested.
    2. If we agree that we are liable, we you will have to bear the cost of return
      carriage and we will repair or replace the Goods free of charge.
    3. If we repair or replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
  6. Goods returned
    These provisions apply in the event that you return any Goods to us for any reason:

    1. We do not accept returns unless, there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
    2. Before you return a product to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
    3. The Goods must be returned to us as soon as any defect is discovered.
    4. So far as possible, Goods should be returned:
      1. with both goods and all packaging as far as possible in their original condition;
      2. securely wrapped;
      3. including our delivery slip;
      4. at your risk and cost.
    5. You must tell us by email message to info@synergysales.co.nz you that you would like to return Goods, specifying exactly what Goods and when
      purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
    6. Please note in particular that we cannot deal with your complaint unless you return the entire product that you bought: that is to say, with all components and parts and in the original packaging.
    7. In returning a faulty item please encloses with it a note clearly stating the fault and when it arises or arose.
    8. Most of the Goods are covered by the CONCEPTS branded goods warranty for a minimum of 3 months unless additional warranty period has been purchased. Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
    9. If delivery was made to a New Zealand address, you are also protected by the Sale of Goods Act 1908 and the Consumer Guarantees Act 1993.
    10. If we agree that the item is faulty, we will:
      1. repair or replace the item as we choose.
  7. Disclaimers
    1. Conditions, warranties or other terms implied by the law of any country other than New Zealand are excluded from this agreement to the fullest extent permitted by law.
    2. We or our Content suppliers may make improvements or changes to Our
      Website, the Content, or to any of the Goods, at any time and without
      advance notice.
    3. We give no warranty and make no representation, express or implied, as to:
      1. the quality of the Goods;
      2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
      3. the correspondence of the Goods with any description;
      4. the adequacy or appropriateness of the Goods for your purpose;
      5. the truth of any Content on Our Website or on the Sales Brochures;
      6. compliance with any law;
      7. Non-infringement of any right.
    4. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
    5. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
  8. Security of Our Website
    If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Part 10 of Crime Act 1961. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.You now agree that you will not, and will not allow any other person to:

    1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
    2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
    3. download any part of Our Website, without our express written consent;
    4. collect or use any product listings, descriptions, or prices;
    5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of our Website;
    7. for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
    8. use Our Website to hack into the computer of any other person or make
      contact with any other computer;
    9. make available or upload files that contain software or other material, data or information not owned or licenced to you, including pirated computer programs, pirated music or other media or links to any such files;
    10. make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
    11. upload or republish any part of our Content on any Internet, intranet or
      extranet site.
    12. hide or remove the banner advertisements on any page of Our Website;
    13. share with a third party any login credentials to Our Website;
    14. use on Our Website software which assists in:
      1. data mining, extraction or collection;
      2. emulating, phreaking, hacking, password cracking, IP spoofing or overloading Our Website;
      3. framing”, inserting pop-up windows, interstitial pages or
        advertisements, or similar techniques.
      4. performing any automated operation;
    15. Despite the above terms, we now grant a licence to you to:
      1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
      2. copy the text of any page for your personal use in connection with the purpose of Our Website.
  9. Indemnity
    You agree to indemnify us against any claim or demand, including reasonable
    lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
  10. Intellectual Property
    1. 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).
    2. 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.
    3. 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.
    4. 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.
  11. System Security
    1. We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
    2. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
    3. You may not use any software tool for the purpose of extracting data from our website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
  12. Miscellaneous matters
    1. No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
    2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
    3. When we communicate with you we do so by email. You agree that email
      communications are contractually binding in the same way as properly signed and dated paper sent by post.
    4. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.
    5. If any term or provision of this agreement is at any time held by any
      jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    6. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
    7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    8. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
      It shall be deemed to have been delivered:

      1. If delivered by hand: on the day of delivery;
      2. If sent by post to the correct address: within 72 hours of posting;
      3. If sent by fax to the correct number: within 24 hours;
      4. If sent by e-mail to the address from which the receiving party has last
      5. sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
    9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
    10. This agreement does not give any right to any third party.
    11. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
    12. In the event of any conflict between any term of this agreement and the
      provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    13. The validity, construction and performance of this agreement shall be
      governed by the laws of New Zealand.