Terms used

'The seller' refers to Smart Tech Limited T/A SmartTech.nz
'The buyer' refers to any legal entity purchasing from the seller.

General

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 25% of the price.

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.

Order and Formation of Contract

Contract formation:
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.

Order Process:
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 the transaction the subject of these 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 SmartTech.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

Availability:
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 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 25% of the price.

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.

Delivery

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 time frame 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 installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment 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.

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

·  Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received

·  Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.

·  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 or 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 25% 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 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.

Delivery

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, merchant ability, 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. All software is excluded from any such warranties.
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.

Loss of Data

Data loss is not covered under our warranties, so we recommend that you undertake regular back ups on a separate storage medium (please note that such storage medium is not covered for by a loss of data warranty either).

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 endeavored 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.

Force Majeure

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

Compliance

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 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:

·  Enable the goods to be readily identifiable as the property of the seller.

·  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.

·  On a sale or other realization 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:

·  These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and

·  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:

·  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;

·  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;

·  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;

·  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

·  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

Risk

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.

Severability

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 here under 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).

Privacy Policy

This privacy policy sets out how SmartTech.nz uses and protects any information that you give SmartTech.nz when you use this website. SmartTech.nz is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. SmartTech.nz may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:
Name
Contact information including email address
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email protected]

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 2-32 Bertrand Road, Mount Wellington, Auckland, New Zealand.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

List of cookies we collect