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1. THESE TERMS 1.1 These terms and conditions apply in relation to any purchase of a product from the Digital Island online shop (Product). 1.2 “Digital Island” means Digital Island Limited. “customer” means the customer under these terms and conditions that is purchasing the product.
2. PURCHASING PRODUCTS 2.1 Placement of an order of a Product is an offer to purchase a Product in accordance with these terms and conditions. Digital Island may accept the customer’s order by processing their payment and shipping the Product, or may, for any reason, decline to accept the customer’s order or any part of the order. No order shall be considered to be accepted by Digital Island until the Product has been dispatched to the customer. 2.2 All orders are subject to the availability of Products. If for any reason a Product is not available, Digital Island will endeavour to up-date their website accordingly.
3. DESCRIPTION OF PRODUCTS 3.1 Modifications and improvements are constantly being made to the Products and Digital Island rely on information from suppliers and product manufacturers. Sometimes the Product the customer receives may not match the description, illustration and/or literature displayed on the website. If the customer receives a Product that varies greatly from the description on Digital Island’s website, the customer should advise Digital Island immediately and they may arrange for an exchange. 3.2 Digital Island endeavours to accurately display and describe the colours of the Products, but do not guarantee that the colour of any product delivered to the customer will exactly match the colour of any image of that Product on Digital Island’s website (especially as the colours displayed on the customer’s computer system or in printed form will vary). 3.3 If Products are listed on Digital Island’s website with an incorrect price or with incorrect information, Digital Island reserves the right to cancel the customer’s order for those Products (regardless of whether the customer has made payment for that order). If the customer has already made payment for an order that is subsequently cancelled by Digital Island, it will refund the amount paid by the customer in relation to that order.
4. PRICE AND PAYMENTS 4.1 The price of the Products is the price displayed on Digital Island’s website, subject to clause 3.3 above, together with the applicable delivery charges. 4.2 The prices stated are in New Zealand dollars and are exclusive of GST. 4.3 Digital Island accepts payment by credit card. Should credit card authorisation be unsuccessful, Digital Island will email the customer. Full payment will be debited from the customer’s nominated credit card before the goods are dispatched to the customer. If the customer does not have a credit card please contact Digital Island Limited for payment options. 4.4 Digital Island reserves the right to change prices of Products at any time without notice.
5. DELIVERY 5.1 All orders are shipped within 1-3 business days. If for any reason Digital Island is unable to ship the customer’s order within this time frame, it will endeavour to notify the customer by email. 5.2 The customer will be liable for delivery costs, the prices of which are stated on Digital Island’s website. 5.3 Delivery is made by courier and is made to a physical address. If for any reason Digital Island is unable to fulfill delivery requirements, it will contact the customer by email. 5.4 Title to the Product passes to the customer upon delivery of the Product. 5.5 If the customer believes that an incorrect Product has been delivered, they must notify Digital Island within 7 days of delivery and provide a reasonable opportunity for Digital Island to investigate the claim.
6. RETURN OF GOODS 6.1 If for any reason the customer is not satisfied with their Product they should contact Digital Island within 7 days of receiving the Product to discuss their options. 6.2 If the customer is authorised to return the Product, the Product must be in new condition and in unopened packaging, unless previously agreed by Digital Island.
7. ERRORS OR OMISSIONS 7.1 Digital Island reserves the right to make changes to the information provided on Digital Island’s website at any time and without notice. While Digital Island endeavours to ensure that the information provided is free from error, Digital Island do not warrant its accuracy or completeness and to the extent permitted by law, shall not be responsible or liable for any error in, or omission from the information provided on Digital Island’s website.
8. LIABILITY AND WARRANTIES 8.1 If the Product is faulty the customer may return it to Digital Island together with proof of purchase within 12 months of purchasing the Product. Digital Island shall then assess the Product to determine whether it can be repaired or whether it should be replaced. 8.2 The warranty set out in clause 8.1 does not cover damage to the Product caused by misuse, accident or inappropriate or improper use. 8.3 To the extent permitted by law, Digital Island’s liability in respect of any defect in or failure of the Product or for any loss, injury or damage attributable thereto is limited to the cost of replacing or repairing the Product.
9. CONSUMER GUARANTEES ACT 9.1 If the customer is purchasing the Product for the purposes of a business, the statutory guarantees provided by the Consumer Guarantees Act 1993 shall not apply.
10. PRIVACY 10.1 The customer authorises Digital Island to collect, retain and use personal information about them for marketing goods and services supplied by Digital Island or selected business partners. 10.2 Digital Island shall immediately stop sending the customer marketing materials upon their request to do so. 10.3 The customer can assess and correct any information Digital Island holds about them.
11. FORCE MAJEURE 11.1 Digital Island shall not be liable for any loss or damage directly or indirectly arising out of or in connection with any delay in the delivery of the Product where such delay is caused by an event or circumstance which is outside Digital Island’s reasonable control.
12. PERSONAL PROPERTY SECURITIES ACT 1999 12.1 Until full payment has been received in respect of the goods supplied, the customer acknowledges and agrees that: (a) These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and (b) A security interest is taken in all goods previously supplied by Digital Island to the customer (if any) and all goods that will be supplied in the future by Digital Island to the customer during the continuance of the relationship. 12.2 The customer undertakes to: (a) sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which Digital Island may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; (b) indemnify, and upon demand reimburse, Digital Island for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby; (c) not register a financing change statement or a change demand without Digital Island’s prior written consent; (d) give Digital Island not less than 14 days prior written notice of any proposed change in the customer’s name and/or any other change in their details (including but not limited to, changes in their address, facsimile number, or business practice). 12.3 The customer waives their right to receive a verification statement in accordance with section 148 of the PPSA.
13. GENERAL 13.1 Digital Island reserves the right to make changes to these terms and conditions at any time. 13.2 If for any reason any provision in these terms and conditions is held to be invalid, the remaining provisions shall, to the maximum extent possible, remain in full force and effect. 13.3 These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute arising in relation to these terms and conditions shall be determined by New Zealand courts.
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