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TERMS & CONDITIONS

DISCLAIMER

This page (together with the documents referred to on it) provides the Terms on which you may make use of the website www.accesscellular.co.nz as a registered user. Please read these Terms carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Website.

The Website is operated by Access Cellular Limited (‘We'). We are registered in Auckland New Zealand and are located at Unit B, 27B Cain Road Penrose, 1061, Auckland, New Zealand.

PRICE, ORDERS AND SHIPPING

All prices are stated in New Zealand dollars (NZ$).

Prices displayed on the website are subject to change without notice. Prices for Goods on an order are fixed once your order has been accepted. Price changes either up or down will not be retrospectively applied to accepted orders.

There is no obligation on the Seller to inquire as to the authority of any person placing an Order on behalf of the Buyer

Orders can be placed any time, 24 hours a day, seven days a week.

An order is placed once you click the "Place Order" on the "Order Review" page in the ordering process. By clicking the "Place Order", your order is sent to Access as displayed. Once we have received your order, an automated confirmation of receipt will be sent to the email address specified by you in the ordering process. The e-mail will contain your order number, an ACCESS reference number and the details of your purchase order. The purchase confirmation will be completed and a separate Tax Invoice will be raised based on the order confirmation. We reserve the right to refuse your order or to cancel part or all of the order.

All purchases will be shipped from Access Cellular Limited, Unit B 27B Cain Road, Penrose 1061, Auckland. Please ensure you select the shipping method most suitable to your requirements and location. Incorrect selection could result in an unsuccessful delivery.

*Orders under $50 excluding GST will incur a flat rate freight charge of $4.95 +GST.

*Additional freight will be applied to your order should you require shipping to a rural address (RD), or Saturday delivery within New Zealand ($8.95 +GST)

*Orders over $50 excluding GST will be shipped to New Zealand locations FREE of freight charge except for Rural and Saturday deliveries, which will incur a charge of 4.95 +GST.

Delivery of goods will be made to the delivery address nominated on the order form by the Buyer.

If you are unsure of the nature of your address, please be sure to check it by clicking HERE.

Saturday deliveries are usually available in all major centres. Please be sure to check that your address is suitable for Saturday deliveries, before selecting that option, by clicking HERE.

Dispatch of your order will usually be made within 2-5 business days, except for those products that are on back order.

Risk of any loss, damage or deterioration of or to the goods passes to the Buyer on delivery.

PAYMENT

ACCESS facilitates a Credit Card payment process to enable you to make payment for all purchases of Goods. ACCESS does not retain any information relating to credit cards used to order Goods. DPS/Payment Express captures the credit card details and stores it securely to complete the transaction. Once the transaction has occurred the details will be deleted.

Your credit card will be charged once your Order has been accepted and prior to the dispatch of the Goods.

No Order will be shipped until payment has been received and the funds cleared.

Any Gift Promotions or coupons are redeemable at the time of purchase in the cart window.

Alternative payment arrangements, such as an account facility may be possible and any such request should be made via email to sales@accesscellular.co.nz

FAULTY PRODUCTS

If the product you have received is faulty due to the manufacturing process, We will replace or repair the Goods, or in the event the Goods are no longer available We will provide either an online discount code to the value of your faulty item to spend on the ACCESS Accessories online store, or provide a full refund of the purchase value according to your request.

Please notify us via sales@accesscellular.co.nz of your faulty Goods providing evidence of your purchase and We will organise the return of the Goods and its repair or replacement.

Some Goods may be bound by the manufacturer’s warranty and may be sent to the manufacturer for assessment, repair or replacement.

Should the Goods be found to not be faulty, it will be sent back to you without replacement or refund.

WARRANTIES

In the event of any claim under these Terms, it is the Seller’s discretion that the Goods may be repaired or replaced or the price refunded. These are the sole remedies available to the Buyer for default by the Seller under these Terms.

In any event, the Seller’s liability arising out of any claim or otherwise under these terms will not exceed the price of the Goods. No claim may be made against the Seller for consequential damages or loss of profits.

The only guarantees agreed to by the Seller, are those confirmed by the Seller in writing.

Each ACCESS product is covered by a 12 month full replacement warranty due to any manufacturing defect.

EXCLUSION / LIMITATION OF LIABILITY

Except to the extent expressly set out in these Terms and Conditions you acknowledge that ACCESS will not be liable for any damage, loss, cost, claim or expense arising out of or relating to:

- Willful misuse or reckless use of the Goods; or,

- The supply of Goods to the Buyer except to the extent expressly set out in these Terms; or

- Your use of this site or any ‘hot linked’ site; or

- Your use of or reliance on information contained in or accessed through this site.

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. This disclaimer does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the Consumer Guarantees Act 1993).

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We and third parties connected to us hereby expressly exclude:

- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it, and any materials posted on it, including, without limitation any liability for:

- loss of income or revenue;

- loss of business;

- loss of profits or contracts;

- loss of anticipated savings;

- loss of data;

- loss of goodwill;

- wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

SITE CONTENT / AVAILABILITY

Although the information provided in this site is presented in good faith and is believed to be correct as at the date it was submitted, We make no warranties or representations about the accuracy or completeness of this site, its contents or the content of any website ’hot linked’ to or from this site, nor do We undertake to keep this site updated. We will not be liable for any damage, loss, claim or expense suffered as a result of the information on this site or any ‘hot linked site’ not being accurate or updated.

We aim to update the Website regularly, and may change the content at any time. If the need arises, We may suspend access to the Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and We are under no obligation to update such material.

Commentary, pricing, descriptions, images and other materials posted on the Website are not intended to amount to advice on which reliance should be placed and in some cases is generic. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

While some stock may be identified as ‘Out of Stock’, you are still able to select these Goods as part of your purchase in the ordering process. Any Goods that are ‘Out of Stock’ will be shown as backordered on your Tax Invoice which will accompany shipped items.

VIRUSES

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

All reasonable steps to ensure that this information is secure have been taken but We can not warrant all information will be secure at all times.

DEFAULT

If any event of default occurs:

- the Seller may suspend or terminate these Terms;

- any amount owing will immediately become due and payable notwithstanding that the due date has not arisen; and/or

- to the extent permitted by law, each security interest created by these Terms will become immediately enforceable and the Buyer must return the Goods to the Seller promptly on request, or the Seller may take possession of and sell the Goods and the Seller has all the rights of a natural person in relation to the Goods and all other rights conferred by law (including under Part 9 of the PPSA) in relation to the Goods; and

- The Seller shall not be liable for any loss or damage that results from the exercise, attempted exercise or non-exercise by the Seller of its rights under these Terms or conferred by law.

INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use any of our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.

The buyer also acknowledges that ACCESS is the exclusive owner of the ACCESS Website and owns all intellectual property rights including copyright in the form, display and content of the Website.

WAIVER

If the Seller exercises or fails to exercise or delays exercising any right or remedy available to it, this will not prejudice the Seller’s rights in exercising that or any other right or remedy unless expressly specified in writing and signed by the Seller.

PRIVACY POLICY

Please note that the ACCESS Website collects and retains information regarding visitors to the site and products purchased for the following purposes:

1. Advising members of new offers
2. To statistically analyse site usage and products purchased
3. To improve content and product offering on the site
4. To improve customer ease and satisfaction

Personal information collected for the above purposes will be retained by ACCESS in its database. You have the right under the Privacy Act 1993 to access any personal information held about you and to request correction of the ACCESS database. If so requested ACCESS may make the requested correction or attach a note to the record recording that a request for correction was made but not acted upon. You can do this by sending an e-mail request to the following address: 

sales@accesscellular.co.nz

The Seller processes all payments for products and manages the delivery of those Goods to you. (Note ACCESS Website does not retain any information relating to credit cards used to order products. DPS/Payment Express captures the credit card details and stores them securely to complete the transaction. Once the transaction has occurred the details are deleted).

Other than as set out in these Terms your information will not be made available to any other organisation or third party. We process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

EMAIL POLICY

Where you have subscribed to ACCESS mail database, or where you have provided your email address in the course of placing an order, you have authorised ACCESS to contact you by email to advise you of offers being advertised on the site. New products are released frequently and communicated via an email with a hyperlink which allows easy access to advertisements for Goods on sale on the site. We may send further emails to advise you of newly released exclusive offers, particularly limited offers or offers which We think may be of particular interest to you. You may advise us at any time by emailing:

sales@accesscellular.co.nz

that you no longer wish to receive emails from Access and upon receipt of such advice We will remove your email address from our mailing list.

VARIATIONS

We may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are binding on you.

GOVERNING LAW

These Terms will be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand

WORDS USED IN THESE TERMS

“Amount Owing” means, at any time, all amounts owing by the Buyer to the Seller under these Terms.

“Buyer” / “You” means the person purchasing the Goods from the Seller pursuant to these terms, including that person’s successors and assigns.

“Claim” includes any claim:

• for loss of profits; or

• for any consequential, indirect or special loss, damage or injury of any kind suffered by any person arising directly or indirectly from:

any breach of the Seller’s obligations under these Terms; or

any cancellation of these Terms; or

any negligence, misrepresentation or other act or omission by the Seller or its employees, agents or contractors; or for compensation, demand, remedy, liability or action.

“ACCESS”/ “We” means Access Cellular Limited, the owner and operator of the website, www.accesscellular.co.nz , upon which the goods are being promoted and through which they are being sold.

“Event of Default” means an event where:

• the Buyer fails to comply with these terms ; or

• the Buyer commits an act of bankruptcy; or

• the Buyer enters into any composition or arrangement with its creditors; or

• if the Buyer is a company:

the Buyer does anything which would make it liable to be put into liquidation; or

a resolution is passed or an application is made for the liquidation of the Buyer; or

a receiver or statutory or official manager is appointed over all or any of the Buyer’s assets; or

the buyer, its board or shareholders consider appointing an administrator or liquidator; or

an administrator is appointed to the Buyer.

• If anything analogous to or having similar effect to any of the other events arises.

“Goods” means all Goods and/or Services supplied to the Buyer by the Seller under these
Terms now and at any time in the future.

“Order” means an order placed by the Buyer with the Seller for the purchase of Goods.

“Order Acknowledgement” means the acceptance of an Order communicated by the Seller to
the Buyer whether by written notification or otherwise.

“Ownership” means the property in and legal and beneficial ownership to the Goods.

“Person” includes a corporation, association, firm, company, partnership or individual.

“Price” means the purchase price of the Goods as most recently specified by the Seller to the Buyer in writing or otherwise (or if no such price has been specified, the Seller’s then-current market price for the Goods) and any taxes or duties payable and any other costs payable by the Buyer under these Terms (including, without limitation, costs relating to transportation, storage and insurance).

“Seller” means ACCESS, or if a different party, the Seller of the Goods identified in the Order submitted by the Buyer to ACCESS and each and every subsidiary and related body corporate at any time and, in each case its successors and assigns.

“Terms” means these Terms of sale and, as the context requires, each contract entered into between the buyer and the seller for the supply of Goods and each invoice issued by the Seller to the buyer for Goods into which these terms of sale are incorporated.

References to legislation includes as amended, re-enacted or substituted and any statutory instruments, regulations and orders issues under such legislation.

YOUR CONCERNS

If you have any concerns about material which appears on the Website, please contact: 
sales@accesscellular.co.nz

Thank you for visiting our Website.