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Terms of Sale

 

All Products and Services purchased from Bob Browns HiFi (BBHIFI) through this website (Site) are subject to these Terms of Sale. By purchasing Products or Services through this Site you agree to be bound by these Terms of Sale. We may amend these Terms of Sale from time to time and if you continue to order Products and Services from us after these terms have been amended, you will be deemed to have agreed to the amended Terms of Sale.
 
1. Definitions
In these Terms of Sale, unless the context otherwise requires:
Price means the price payable for Products or Services as displayed on this Site, from time to time, including all taxes, delivery charges, duty payments and other charges.
  • Products means the products you may obtain through this Site from time to time.
  • Services means the services you may obtain through this Site from time to time.
 
2. Authority
You warrant that you have the appropriate authority and power to accept these Terms of Sale. 
If you are accessing or using this Site for or on behalf of an Organisation, you warrant that you have the appropriate authority and power on behalf of the Organisation to accept these Terms of Sale. 
You represent and warrant that you are over 18 and have legal capacity to enter into contracts in New Zealand. You represent and warrant that the credit card or debit card you use to pay the Price for Products or Services you purchase through this Site is issued in your name or your Organisation's name and you, or you will ensure your Organisation, will pay the Price incurred in connection with purchasing the Products or Services. 
You agree that you are able to and will, or you will ensure that your Organisation is able to and will, meet your, or its, obligations in relation to these Terms of Sale promptly, diligently, professionally and in accordance with any relevant laws.
 
3. Currency
All Products and Services listed on this website are in New Zealand Dollars (NZD)
 
4. Purchase of Products and Services
Some of the Products and Services featured on this Site are displayed for promotional purposes only and may not be available for purchase thorough this Site. All Products and Services offered for purchase on this Site are subject to availability. Bose reserves the right to amend any Price at any time and from time to time (including, without limitation, if any Price is recorded incorrectly on this site).
 
5. Resale
Purchases made on this Site are intended for end users only. Products sold on this Site are not authorised for resale.
 
6. Orders
If you order Products or Services using the online order process available on our website:
 
All details (including, without limitation, price and availability) relating to the Products and Services ordered as displayed on the Site are subject to confirmation by us, once we have received your order confirmation and successful payment of the price. We will notify you as soon as possible by telephone or email if we accept your order or if any of the details on the order need to be amended.
Any order confirmation which you provide to us will be effective once we have confirmed our acceptance of your order confirmation and received successful payment of the price or, if we notify you of any amendments, once you have indicated your acceptance [by email or telephone] of the amended terms as notified to you.
We will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your reliance on any order which has not been confirmed by us.
BBHIFI will be under no obligation to accept any order from you and reserves its complete discretion to decline an order. If your credit card does not provide access to sufficient funds, but the order has been accepted, BBHIFI will be entitled to cancel the order. BBHIFI will use its reasonable endeavours to supply the products in accordance with your order. If for any reason BBHIFI is unable to fulfil your order after it is accepted BBHIFI will email you. If BBHIFI has received payment it will refund you.
 
7. Cancellation Policy
If your order has not yet shipped we can cancel your order, however this is subject to a 10% restocking fee with a $10.00 minimum for the cancellation. If the item has shipped we are unable to cancel the order.
 
8. Delivery, Risk and Title
Following acceptance of an order BBHIFI will as soon as practicable dispatch your order for delivery within the estimated delivery dates provided. The Delivery Date is given and intended by BBHIFI as an estimate only. BBHIFI will use all reasonable endeavours to deliver the Products by the Delivery Date, but time is not of the essence in respect of the Delivery Date. BBHIFI will not in any circumstances be liable for late delivery. 
Delivery will be made at the place specified in an order. Bose has the right to select the method of delivery and the carrier. Delivery will be made at your cost. Delivery may be made by instalments, at the sole discretion of BBHIFI. From the time of delivery of the Products (or, if instalments, the relevant part of the Products), title and risk to the Products will pass to you and you will bear the risk of any loss, damage or deterioration of or to the Products from time to time.
 
9. Bob Brown's HiFi Liability
To the fullest extent permitted by law:
 
except as expressly set out in these Terms of Sale, BBHIFI excludes all warranties, representations or guarantees (whether express, implied or statutory) in relation to the Payment Process and any Products or Services you purchase through this Site using the Payment Process, including, without limitation, any warranty of fitness for any particular purpose; and
BBHIFI will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind suffered or incurred by you in connection to the Payment Process.
Subject to the provisions of this clause, if for any reason BBHIFI is held to be liable to you in relation to the Payment Process, the total extent of BBHIFI liability will, to the fullest extent permitted by law, be limited to the Price you paid for the Product or Service concerning which the loss, damage or expense (etc) arose. 
The exclusions and limits set out in these Terms of Sale will also operate for the benefit of BBHIFI relevant suppliers, licensors and agents which BBHIFI use to provide the Payment Process made available to you.
 
10. Consumer Guarantees Act
Nothing in these Terms of Sale is intended to limit or replace any rights you have under the Consumer Guarantees Act 1993 (CGA), provided that if you are acquiring, or hold yourself out as acquiring, Products and Services for the purposes of a business in terms of section 43(2) of the CGA, the provisions of the CGA will not apply and you will not assert or attempt to assert any rights or claims against BBHIFI under the provisions of the CGA.
 
11. Indemnity
You agree to indemnify BBHIFI, BBHIFI relevant suppliers, licensors and agents which BBBHIFI use to provide the Payment Process made available to you, in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client basis or otherwise) suffered or incurred by BBHIFI as a result of:
  • a breach by you of any of your obligations under these Terms of Sale;
  • your negligent acts or omissions; and
  • any claim, suit or action brought against BBHIFI, BBHIFI relevant licensors and agents, by a third party for any of the matters above.
 
12. Guarantee
If you are not satisfied with your Product for any reason, you may, within 21 days, contact BBHIFI (either by telephone or email) and we will pick up the Product from your address and provide you with a full refund of the Price including shipping costs.
 
13. Complaints, Problems, Refunds and Queries
If you have any complaints, problems or general queries relating to a Product or Service you have purchased through this Site they should be submitted to BBHIFI. BBHIFI may then, at its discretion, replace, repair or give credit for all Products or Services supplied and established to be defective, provided that:
  • all claims must specifically identify the defect and, where possible be accompanied by the defective Products; and
  • BBHIFI must have a reasonable opportunity to investigate the claim.
  • Where BBHIFI replaces or repairs a Product, BBHIFI (or its agent) will pick-up the Product from, and deliver it to, your address at our risk and expense.
 
14. Site Terms of Use
The Terms of Use govern general use of this Site. These Terms of Sale form part of the Terms of Use. You agree to comply with the Terms of Use, any other terms and conditions you agree to in connection with the Payment Process and these Terms of Sale.
 
15. Privacy Policy
The Privacy Policy available on the home page of this Site governs the collection, use and disclosure of your personal information by BBHIFI. The Privacy Policy forms part of the Terms of Use and these Terms of Sale. You agree to comply with the Privacy Policy.
 
16. Precedence
In the case of any inconsistency between any of the following, they will have precedence in the descending order of priority set out below: