1.1 These terms and conditions ("Terms of Supply") describe the basis for the purchase by you and sale by us of the goods described on this website www.orbitsound.com/nz (the "Website") which we own and maintain.
2.1 You can find our registered business information on the Contact Us webpage (“us”, “we”).
2.2 Further information about us and the Orbitsound brand is available on this website.
2.3 If you have any questions, complaints or comments about the Website or these Terms of Supply then please contact us by email or telephone using the contact details set out on the Contact Us webpage.
3.1 The images of the goods on the Website are for illustrative purposes only. Although every effort has been made to display the colours accurately, it cannot guarantee that your computer’s display of the colours accurately reflect the colour of the goods. Your goods may vary slightly from those images.
3.2 The packaging of the goods may vary from that shown on images on the Website.
3.3 All goods shown on the Website are subject to availability. You will be informed by e-mail or telephone as soon as possible if the goods you have ordered are not available and your order will not be processed if made.
4.2 Each order that you place is an offer to buy those goods and we shall accept that offer at our sole discretion, but orders are normally accepted if:
4.2.1 the goods are available;
4.2.2 the order reflects our current pricing;
(c) the goods are for delivery to a physical address in New Zealand. We cannot deliver to a PO Box address;
4.2.4 your credit or account card is authorised for the transaction;
4.3 All orders placed on www.orbitsound.com/nz are processed by our Distribution Partner, Direct Imports NZ Limited (Distributor) with a registered company address of c/o Staples Rodway Hawke’s Bay Limited, 205 Hasting Street South, Hastings, New Zealand and company number 159825. The Distributor handles the payment and dispatch of all orders processed on the website and have the discretion to accept an order subject to clause 4.2.
4.3 All orders placed on www.orbitsound.com are processed by us, the Distributor. The contract of sale for each order, payment and dispatch are handled by us and not Orbitsound. We have the discretion to accept an order subject to clause 4.2
4.4 We will confirm receipt of your order through our automatic screen confirmation of the order and we may also follow this up with a confirmatory email ("Order Confirmation"). Please note that at this stage your order for goods may not have been accepted by us.
5.1 We will confirm our acceptance of your order for goods by sending you an email confirming that the goods have been dispatched ("Dispatch Confirmation").
5.2 The contract between us will only be formed when we send you the Dispatch Confirmation (the "Contract"). These Terms of Supply, the Order Acknowledgment, the Dispatch Confirmation and any other information relating to the goods which we have brought to your attention are incorporated into the Contract.
5.3 The Contact will only relate to those goods which have been confirmed in the Dispatch Confirmation and we will not be obliged to supply any other goods which you have ordered until we have sent you a separate Dispatch Confirmation in respect of such goods.
5.4 If we are unable to supply you with those goods, for example because those goods are not in stock or no longer available or because of an error in the price on our Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the goods, we will refund you the full amount as soon as possible.
6.1 We promise that new Orbitsound audio products purchased from us through the Website will, on delivery and for the following 12 months, correspond in all material ways with their description, be of satisfactory quality and be reasonably fit for all purposes for which those goods are commonly supplied. All accessories and any refurbished Orbitsound audio products purchased from us through the Website will, on delivery and for the following 12 months, correspond in all material ways with their description, be of satisfactory quality and be reasonably fit for all purposes for which those goods are commonly supplied.
6.2 Our promise is in addition to your legal rights in relations to the goods that are faulty or not as described.
7.1 If you change your mind or for any other reason you decide you do not want to receive the goods during the period set out in the clause above, you can notify us of your decision to cancel the Contract and receive a refund.
7.2 All refunds and returns will be processed by Direct Imports NZ Limited (Distributor).
7.3 If the goods have already been delivered to you: (a) We will arrange for the goods to be returned to us as soon as reasonably practicable at your cost; and (b) you have a legal obligation to keep the goods in your possession and to take the utmost care of the goods while they are in your possession.
7.4 A full refund of the price paid for the goods returned will only be issued where the packaging containing the goods has not been opened and is in ‘as new’ condition. We reserve the right to reduce the refund due to cover any remedial costs and repackaging costs.
7.5 Subject to 7.4, for any goods purchased as part of a Promotion where you are given an item(s) free of charge, to receive a full refund you must return the free of charge item(s) as part of the promotion and the good(s) purchased.
7.6 Subject to 7.4 and 7.5 you will receive a full refund of the price you paid for the goods. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 7.2 above. We will refund you on the credit card or debit card used by you to pay for the goods.
7.7 If you return goods with any items missing, for example accessories or the promotional item you received with your purchase, we will deduct the amount attributable to the missing item and give you a partial refund.
7.8 If you have returned the goods because they are faulty or mis-described, we will refund the price of the defective goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.9 As a consumer, you will always have legal rights in relation to the goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms of Supply.
7.10 Details of your legal right to cancel and an explanation of how to exercise it are set out on the returns webpage and are provided in the Dispatch Confirmation.
8.1 If we breach these Terms of Supply we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by both you and us at the time of entering into the Contract.
8.2 We are not responsible for:
8.2.1 losses not caused by our breach;
8.2.2 indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by both you and us at the time of entering into these Terms, for example loss of profits or loss of opportunity; and/or
8.2.3 failure to provide the goods or to meet any of our obligations under these Terms where such failure is due to events beyond our control.
8.3 Our aggregate liability to you in connection with each Contract shall not exceed the value of the goods ordered by you under that Contract.
9.1 If you breach these Terms of Supply and we take no action against you, or if we do not enforce our rights against you, or if we delay in doing so, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Supply.
9.2 If any part of these Terms of Supply is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
9.3 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Supply.
9.4 Each Contract is personal to you and you may only transfer your rights or your obligations under a Contract to another person if we agree in writing.
9.5 These Terms of Supply are not intended to give rights to anyone except you and us.
9.6 We will do our best to resolve any disputes over these Terms of Supply. If you wish to take court proceedings against us, in respect of goods supplied in New Zealand,you must do so within New Zealand. The laws of New Zealand apply.
10.1 “Pre-orders” are orders for some Orbitsound goods that are not currently available for general sale from us. If an items is under Pre-order, this will be made clear on the product page.
10.2 In order to place a Pre-order, you will need to provide certain information, including but not limited to your name, address and billing information. It is your responsibility to make sure this information is accurate and up to date. You can update your information at any time prior to your goods being shipped by contacting support.
10.3 You will be charged the full price of the good(s) at the time of placing the Pre-order.
10.4 You or we may cancel a Pre-order at any time for any or no reason prior to us notifying you that the good(s) have been despatched. A full refund will be processed for any cancellations of Pre-orders.
10.5 Where possible orders will be despatched to you as soon as is practicable. If we are unable to commence shipping the goods by the estimated date stated on the product page, we will contact you to provide you with an updated delivery time frame.
10.6 The purchase of the good(s) is subject to additional terms and conditions provided by us which you will be notified of before you complete your purchase and can be found on this page.
10.7 We reserves the right to amend these Terms. Please check the website for updates.
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We're so confident that you'll love your new Orbitsound speaker that we'll give you 100 days to try it in the comfort of your own home. If you don't like it, simply return it for a full refund.
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