Terms & Conditions

All prices (unless specified) exclude freight, and are subject to change without notice (Error & Omissions Excepted).

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Consumer Guarantees Act

If you are buying goods normally bought for personal, domestic or household use, you may have certain rights under the Consumer Guarantees Act 1993 (Consumer Guarantees Act) that cannot be excluded or limited. These terms do not limit or alter your rights under the Consumer Guarantees Act (other than in the circumstances permitted under that Act). You can find more information about your rights under the Consumer Guarantees Act at the Ministry of Business, Innovation & Employment's website (www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act) and the Commerce Commission's website (comcom.govt.nz/consumers/your-rights-as-a-consumer).

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Agreement

Convertza Ltd agrees to sell and the Customer agrees to buy the services ordered through Convertza Ltd

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Acceptance

By placing the order for services through Convertza Ltd you are deemed to accept the terms and conditions of sale.

Price

The purchase price is for goods supplied and packed.

The price you pay will be increased by the amount of /freight/handling charges (except to the extent already expressly included in the price).

Provided we meet our obligations under the Fair Trading Act 1986, we can revise our prices at any time prior to accepting your order.

Purchase prices are given in New Zealand dollars unless otherwise stated.

You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order which we subsequently accept.

Payment

You cannot withhold payment or make any deductions from any amount you owe us without our prior written consent.

Delivery

Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.

If the Consumer Guarantees Act applies to your purchase, we will meet any obligations we have under that Act. Otherwise, if the Consumer Guarantees Act does not apply, any time stated for delivery is an estimate only and no claim shall be made by you on account of late shipment, or delivery however caused.

All freight charges shall be at your cost unless otherwise agreed and stated.

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Returns and Cancelled orders

Without limiting any rights you have under the Consumer Guarantees Act, all goods to be returned must have a Goods Return Authority issued by us. The issue of a Goods Return Authority does not guarantee that we will accept the return.

Products damaged in transit: If your product has been damaged during transit to your delivery address we will issue a credit / refund. In these circumstances, if the Consumer Guarantees Act applies to the purchase, we will meet our obligations under that Act. Otherwise, if the Consumer Guarantees Act does not apply, unless we agree otherwise, you must notify us within 24 hours of delivery in order to be eligible for a replacement, credit or refund.

Products that are faulty upon arrival / first use or otherwise: If the product you received is faulty upon arrival / first use or where the Consumer Guarantees Act applies, the products do not comply with the guarantees under that Act, we will either repair or replace your product, or issue a credit / refund. Without limiting any rights you have under the Consumer Guarantees Act, in order to repair, replace or issue a credit / refund for your faulty product, it will need to be returned to us so we can test and confirm that it is faulty. If the Consumer Guarantees Act applies, we will meet our obligations under that Act, Otherwise, if the Consumer Guarantees Act does not apply, all returns of this nature must be made within 14 days of purchase / delivery.

Risk and ownership

Risk of any loss, damage or deterioration of or to the goods passes to you on delivery, or if you state to leave goods at certain location, at the time goods are placed there.

Guarantees

The Consumer Guarantees Act applies:

Except as otherwise required or prevented by laws including the Consumer Guarantees Act, or except as expressly provided under these terms, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties (Convertza Ltd excluded) and terms of whatever nature, including under the Contract and Commercial Law Act 2017, are completely excluded.

Repairs and replacements

We do not guarantee that repair facilities and parts will be available for the goods.

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Use of information

Without limiting the above, we will collect, use, store and disclose your personal information in accordance with our privacy policy, available at www.convertza.co.nz/privacy-policy/.

You consent to receiving marketing material from us, including via email, text and any other electronic means. We will comply with our obligations under the Unsolicited Electronic Messages Act 2007 in respect of any commercial electronic messages we send to you.

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No liability

Except where provided in the Consumer Guarantees Act, we shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.

Except where the Consumer Guarantees Act applies, should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on Convertza Ltd for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.

If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our reasonable control, then we are released from our obligations under this agreement.

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Other agreements

These terms apply to all transactions where we supply goods to you.

This agreement supersedes the terms of all prior agreements, understandings, representations or warranties previously given by us or any agent of Convertza Ltd in respect of goods.

If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.

If at any time any provision of this agreement becomes illegal, invalid or unenforceable neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired.

Waiver

If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.

Assignment

You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.

Governing law

This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.