General
In the unlikely event that an incorrect price is shown on our website, Phone Warehouse Ltd reserves the right to abstain from fulfilling the order at that price. You will of course be notified, at which point you will be informed of the correct price and be given the choice to proceed with the order. Phone Warehouse makes every effort to get the original details correct but take into consideration different situations. No contract exists between the customer and Phone Warehouse for the sale of any goods or services until we have received and accepted your order and we have received payment in full (in cleared funds). Once we do so, there is a binding legal contract between us. The goods are subject to availability. If the good are unavailable locally we may choose to ship directly from our suppliers who are based in Hong Kong. If on receipt of your order the goods you have ordered are not available in stock, we will inform you as soon as possible. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. This would be within 30 days. Further delays or longer initial lead times will be communicated either at the time of placing the order or by a secondary communication. Our products are parallel imported, meaning your warranty coverage will be provided through Phone Warehouse Ltd as opposed to the Manufacturer. This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, and negligence by you or any third party, use otherwise than as recommended by Phone Warehouse Ltd, failure to follow the Phone Warehouse’s instructions, or any alteration or repair carried out without Phone Warehouse’s approval.
Limitation of Liability
Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Phone Warehouse. By agreeing to these Terms and Conditions, you agree that Phone Warehouse shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the internet not under Phone Warehouse’s direct control including, without limitation, damage for loss of business, loss of sales, non-payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Phone Warehouse has been advised of the possibility of such loss or damage).
Missing Items
Customers are expected to report any missing items from their order promptly after delivery. This also must be verified by Phone Warehouse stock. Customers must inform us within 3 days if you have not received your delivery. Our customer service team will need to investigate any missing deliveries with the relevant courier, and while we will endeavor to complete this as quickly as possible, this may cause a delay to your order. Customers must advise us of any items missing from their order within 3 days of receipt, so that Phone Warehouse may investigate and cross-check against our internal stock and dispatch records.
Zip
Zip customer purchases is a minimum order of $500 to proceed via Zip.
Operation
We supply to New Zealand addresses only, and only to the billing address of the customer; however, with some credit/debit card issuers, it may be possible to contact the issuing bank to add a secondary address. All prices are displayed in $ New Zealand Dollars. Prices are fully inclusive of GST. All brand names are trademarks of their respective companies. Product images featured on the site are for guidance only and are not always an exact match of a product. Availability of a product cannot be guaranteed. We operate 5 days a week and orders received after 2.30pm will be processed on the next business day. Before placing an order, the customer will be requested to accept/decline our terms and conditions. Orders will only be processed if acceptance is indicated and therefore the customer is deemed to have accepted these terms and will abide by them. The placing of an order represents an offer to purchase the products indicated by the customer and is not binding on us until the order is accepted and dispatched by us. If a product shown on the website is unavailable, incorrectly priced or incorrectly described, we shall not be obliged to sell you the product. An acknowledgment of your order will be sent to you via email when you place your order online, but acceptance of your offer to buy the Goods will not take place until payment is taken. It is at this point that a binding legal contract is created, and any contract is subject to these Terms and Conditions. Customers have the chance to change and amend any part of their order until they press the ‘submit order’ button. We will send you an email confirming your order. Should you need to adjust any part of this order, please contact our sales support team by email to info@phonewarehouse.co.nz. Phone Warehouse suggests that you print off a hard copy of the order, or save a copy to your hard drive for future records. Payment for goods must be received before an order is dispatched. We do not recommend sending cash as a method of payment and cannot be held responsible for any loss during transit.
Cancellation Rights
We expect the goods to be returned to us before we process any refund. We do not refund courier costs. We also expect goods to be returned in pristine condition with the original packaging and contents and must not be used in a way that constitutes acceptance by the customer. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Phone Warehouse at your own cost. The goods must be returned to the provided address and you must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
Claims
No liability for any claim for damage or non-functionality shall be accepted unless Phone Warehouse Ltd is notified in writing by the purchaser within 3 days of your delivery. No liability for any claim for missing items such as manuals, etc. shall be accepted unless Phone Warehouse is notified in writing by the purchaser promptly after delivery. No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note, unless Phone Warehouse is notified in writing by the purchaser promptly after delivery, and the onus is on the purchaser to prove any shortage. In the case of active third-party on-site maintenance contracts, the purchaser is strongly urged to process their claim directly through the manufacturer as this can considerably expedite their claim.
Credit Cards
Due to The Phone Warehouse Ltd’s high security Credit Card system, Phone Warehouse has the right to refuse the processing of the order until proof of identity is confirmed. If the customer does not want to comply with our terms and conditions then a refund will be made back to your credit card, less the credit card charges.
Returned Goods
Phone Warehouse will not accept goods for credit or rectification unless Phone Warehouse have been notified beforehand by email or telephone and the goods are received by Phone Warehouse in stock condition with the original packaging. Phone Warehouse reserves the right to reject returns based on a change of mind without any defect present as per the Consumer Guarantees Act. Phone Warehouse retains the right, at our sole discretion, whether to accept the return of the goods, or whether to rectify the goods, or whether to issue a credit note in respect thereof. Stock condition would be described as the product being in pristine condition with all software seals intact, supplied with all the original accessories and packing, and not registered for warranty with the manufacturer. The purchaser shall, unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to Phone Warehouse for service or credit. Goods shall be at the risk of the purchaser until actual receipt of the goods by Phone Warehouse. The onus of proof of safe delivery shall rest with the purchaser. All items returned to Phone Warehouse by pre-arrangement and found to contain no fault will need to be verified as stock condition by Phone Warehouse. Credits and refunds will be processed within 30 days. If the goods are found to be faulty or not as described, then we will refund your shipping costs up to the value of $10.00 by prior arrangement with Phone Warehouse. Over the festive period, any purchase made from 1st December up to 24th December are covered by our extended Christmas returns policy and will be eligible for an exchange, credit note or full refund providing: The product is unopened and in an “as new” condition. You must contact our customer service team no later than the 8th January, or 30 days from the date of delivery (whichever is later) to inform us that the goods are unwanted.
Consequential Loss
Phone Warehouse is excluded from any liability to the purchaser for; losses that were not foreseeable to both parties when the contract was formed; losses that were not caused by any breach on the part of the supplier; business losses, and/or losses to non-consumers. If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions. This contract is and shall be deemed to have been made in New Zealand, and shall in all respects be governed by New Zealand Law. The purchaser is responsible for deciding on the suitability of the goods offered for any particular use and for the consequences arising from modification of the goods. Goods are subject to availability; Phone Warehouse will not be responsible for compensating the purchaser for any other losses, which may be suffered if we cannot supply the goods. Any dates specified for the delivery of the goods are approximate only, and Phone Warehouse shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods where the delay has been caused by factors beyond the control of Phone Warehouse.
Content
Phone Warehouse shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site. Phone Warehouse will only be liable for consequential losses within the contemplation of the parties. Certain links on this site (typically a banner advert or icon) will lead to sites, which are not under the control of Phone Warehouse. When you activate any of these, you will leave the Phone Warehouse site and Phone Warehouse has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Phone Warehouse.