If you place an order on the Orbitsound website, it will be dispatched from our UK warehouse. If you require any support, please contact the Orbitsound UK office. Please be aware that if you return a product from outside the UK, you must do so at your own expense. Orbitsound may reimburse reasonable shipping charges for returns due to an in-warranty fault.
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 We are Orbitsound UK Limited, a company registered in England and Wales (registration number 10785362) with the registered address of 65-69 East Road, London, N1 6AH. Our VAT number is 273 6356 84.
2.2 Further information about us and the Orbitsound brand is available on the the About Us webpage.
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 our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we 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 our site.
3.3 All goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the goods you have ordered is not available and we will not process your order 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:
(a) the goods are available;
(b) 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;
(d) 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.
4.4 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 site, 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. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
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 To cancel the Contract, please contact us using the contact information referred to in clause 2.3 above. You may wish to keep a copy of your cancellation notification for your own records.
7.4 If the goods have already been delivered to you: (a) the Distributor will arrange for the goods to be returned to it as soon as reasonably practicable at your own 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.
7.5 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. The Distributor reserves the right to reduce the refund due to cover any remedial costs and repackaging costs.
7.6 Subject to 7.5 you will receive a full refund of the price you paid for the goods. The Distributor 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 7.3 above. The Distributor will refund you on the credit card or debit card used by you to pay for the goods.
7.7 If you have returned the goods to the Distributor because they are faulty or mis-described, the Distributor 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.
7.8 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.
7.9 Details of your legal right to cancel and an explanation of how to exercise it are set out on the returns page 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:
(a) losses not caused by our breach;
(b) 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
(c) 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.