- This website (Site) is operated by BusiSoft Pty Ltd (ABN: 98 869 328 154) (we, our or us). It is available at: addictedtoaudio.co.nz and may be available through other addresses or channels.
- By accessing and/or using the Site you:
- warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
- agree to use the Site in accordance with the Terms.
- You must not use the Site and/or place an order for products through the Site unless you are at least 13 years old.
- When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details and if you choose to create an account, you will choose a password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
- You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
- We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
- Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
- It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
- When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.
4. Price and payments
- You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in New Zealand dollars and are inclusive of New Zealand GST (where applicable). We display delivery costs separately from the product price.
- You must pay the Price using one of the methods set out on the Site, such as by credit or debit card or through Afterpay, Zip Pay or PayPal.
- If you pay the Price through a third party, such as through Afterpay, Zip Pay or PayPal, the payment will also be subject to the relevant third party’s terms and conditions, including any terms relating to finance or payment plans.
- Unless you are approved to pay the Price under a finance or payment plan by a third party, you must pay the Price upfront at the time you place your order. Only once the Price has been paid in full or you have been approved to pay the Price under a finance or payment plan by a third party, will your products be dispatched to you.
- You may request to pay the Price under a finance or payment plan through a third party. The third party will provide you with details of available finance and payment options, minimum payment amounts and interest free periods. Your approval to pay the Price under a finance or payment plan will be subject to the third-party provider. If your request for payment under a finance or payment plan is approved, your arrangement to pay the Price will be between you and the third-party provider; other terms and conditions may apply; and any terms and conditions as to your payment of the Price under a finance or payment plan with a third party will be incorporated into these Terms.
- You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. All payments made on the Site will go through a third-party security check, in order to protect you and us from fraudulent payments. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
- We may from time-to-time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
5. Availability and Cancellation
- All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
- We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available
6. Delivery, Title and Risk
- If possible, we will deliver the products to the delivery address you provide when making your order. We deliver within New Zealand only. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
- Delivery costs are as follows:
- all orders over $150 – free of charge;
- all orders under $150 – calculated at checkout;
- If payment for an order is received before 5:00 pm New Zealand time on a business day, we normally dispatch products within 48 hours from 5:00 pm of that business day, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
- We deliver the products using Australia Post. All products are dispatched from Melbourne, Australia. Once we dispatch the product, we will send you an email that the product has been dispatched, and if possible, we will provide you with tracking information.
- You will be required to sign for delivery. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office. When placing your order, we recommend that you nominate a delivery date and time where you or your authorised representative will be available to sign for delivery.
- Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
- Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order, subject to you or your authorised representative signing for delivery. Once risk in the products passes, you will be solely responsible for them.
Change of mind returns
We do not offer returns for change of mind. Notwithstanding, under exceptional circumstances, solely at our discretion, we will consider this for brand new unopened products. If we agree to return these, it will be for store credit less a minimum of 30% plus the cost of freight and handling of the order:
- you have provided the proof of purchase and you purchased the products within 7 days prior to the request for the store credit;
- the products are in their original condition and have not been used, damaged, tampered with or altered;;
- the products are in their original undamaged, sealed packaging with all product tags, manuals, cabling and accessories still intact;
- the products are not sale items, special buy products or gift vouchers; and
- a returns authority number has been issued to you. Please do not return products unless it meets the above criteria as the product will be returned to you, at your cost.
- When returning the product to us, you are required to use registered post and to insure the product. We will not cover the costs of delivery or insurance for a change of mind return. You must cover these yourself. We will not be responsible for damage or loss during a return of product.
- For a change of mind return, you will be required to pay a restocking fee, which will be 30% of the amount of the Price of the product. We may deduct this from the store credit we issue to you.
- If you return products that were placed using a promotional discount code, you will not be refunded for the amount of the discount, as these amounts were deducted from the original purchase amount.
- In order to process a return of product for change of mind, please send us an email at email@example.com detailing the reason for your return and the purchase information, including invoice number and date of purchase. Once accepted, we will issue you a returns authority number, which you should include when returning the product.
- Products should be returned to:
Addicted To Audio
75 Anzac Avenue, Auckland CBD, 1010
New Zealand Consumer Law
- Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the New Zealand Consumer Law. In New Zealand, our goods come with guarantees which cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the New Zealand Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
- Where you return the products to us to seek a New Zealand Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
- (i) Where your claim is a valid claim under the New Zealand Consumer Law, depending on the failure, we will either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
8. Intellectual property
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
- You must not, without our prior written consent: :
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or;
- breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
- Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise
- Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, the products, or any injury or loss to any person;
- failure or delay in providing the products; or
- breach of the Terms or any law, where caused or contributed to by any:
- event or circumstance beyond our reasonable control; or
- act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
10. Collection Notice
- We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside New Zealand.
- Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
- Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
- Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
- Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
- Feedback and complaints: We are always looking to improve our Site and products. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
- Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
- Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
For any questions and notices, please contact us at:
BusiSoft Pty Ltd (ABN 98 869 328 154)