Terms Of Sale


Quatius NZ Limited (NZBN: 9429033227979) (Soniq NZ)


WEBSITE TERMS OF SALE


1. DEFINITIONS

1.1 "Contract" means any contract for the provision of goods and services by Soniq NZ to You;

1.2 "consumer" is as defined in the Consumer Guarantees Act 1993 and in determining if You are a consumer, the determination is made if You are a consumer under the Contract;

1.3 "Dispatch Confirmation" is an e-mail from Soniq NZ to You confirming that the goods have been dispatched;

1.4 "goods" means goods supplied by Soniq NZ to You;

1.5 “GST” means the Goods and Services tax as defined in Goods and Services Tax Act 1985 as amended;

1.6 "services" means services supplied by Soniq NZ to You;

1.7 "Site" means the website www.soniq.com;

1.8 "Terms" means these Terms and Conditions of Sale;

1.9 "You" means the person, jointly and severally if more than one, acquiring goods or services from Soniq NZ.


2. SERVICE AVAILABILITY & YOUR STATUS

2.1 We do not accept orders from addresses outside New Zealand nor do we accept orders for delivery to addresses outside New Zealand.

2.2 By placing an order through the Site, you warrant that: 

(a) you are legally capable of entering into binding contracts; 

(b) you are at least 18 years old; 

(c) you are resident in New Zealand; 

(d) you are accessing the Site from New Zealand; and 

(e) you are a private individual and purchasing goods in your capacity as such.


3. BASIS OF CONTRACT AND ORDERING

3.1 These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.

3.2 Any quotation, displayed price, order list or order confirmation provided by Soniq NZ to You for the proposed supply of goods or services is an invitation to treat only, and is subject to You placing an order which is your offer to enter into a Contract with Soniq NZ on these Terms.

3.3 A Contract is formed when Soniq NZ receives your payment in full and confirms its acceptance of Your order by issuing You a Dispatch Confirmation. The parties to the Contract are You and Soniq NZ. The Contract will relate only to those goods whose dispatch Soniq NZ has confirmed in the Dispatch Confirmation.

3.4 Soniq NZ in its absolute discretion may refuse to accept any order from You. 

3.5 Soniq NZ may vary or amend these Terms by written notice to You at any time. Any variations or amendments will apply to orders made by You after the notice date.


4. PRICING AND PAYMENT

4.1 Prices displayed for the supply of goods and services include GST and any other taxes or duties imposed on or in relation to the goods and services, and exclude delivery charges.

4.2 Subject to any special offers or conditions, You are also responsible for all costs associated with delivery including shipping costs which will be calculated and displayed prior to payment for the goods.

4.3 Where due to an error on the Site a product's correct price is less than the stated price, Soniq NZ will charge the lower amount when dispatching the product to You. If a product’s correct price is higher than the price stated on Soniq NZ's Site, Soniq NZ will, at its discretion, either contact You for instructions before dispatching the product, or reject Your order and notify You that it is being rejected. If the pricing error is obvious and unmistakable and could have reasonably been recognised by You as an error, Soniq NZ will not provide the product to you at the incorrect (lower) price.

4.4 Payment for the goods and services must be made strictly by credit card immediately upon confirmation of Your order. Goods will not be dispatched and services will not be provided until full payment has been confirmed.

4.5 Any payment information, excluding name and contact details, provided by you is not stored or collected by Soniq NZ, Such information may be stored outside of New Zealand by Paypal for future use on the Site. By purchasing through the Site you agree that the collection and storage of payment information is the responsibility of Paypal and agree to release Soniq NZ from all liability relating to the collection, storage and use of payment information.

4.6 Goods displayed and services offered are subject to availability. If any goods are not available, Soniq NZ will inform You within 2 business days.

4.5 In the case of non-availability of goods:

(a) You may request the provision of substitute or similar goods or services; 

(b) If the goods will become available at a later date, You may request to wait until the goods become available; or

(c) You may cancel Your order; and

(d) Soniq NZ will make the appropriate adjustment to, or refund of, the purchase price.


5. RISK AND INSURANCE

5.1 The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to You immediately on the goods being dispatched from Soniq NZ's warehouse.

5.2 You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of the use or possession of any of the goods sold by Soniq NZ, unless recoverable from Soniq NZ on the failure of any statutory guarantee under the Consumer Guarantees Act 1993.


6. DELIVERY

6.1 Soniq NZ will arrange for the delivery of the goods to You to your nominated delivery address within mainland New Zealand. Current delivery exclusions are Great Barrier Island, Chatham Islands and Stewart Island.

6.2 Soniq NZ's standard delivery timeframe is between 3 and 7 business days. Any period or date for delivery of goods or provision of services stated by Soniq NZ is an estimate only and not a contractual commitment. 

6.3 Soniq NZ will use its reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.

6.4 If Soniq NZ cannot complete the services by any estimated date, it will complete the services within a reasonable time.

6.5 Soniq NZ may make part delivery of goods or provision of services and may invoice You for the goods or services provided.  

6.6 A postage receipt, courier docket or driver's manifest directing delivery to the address nominated by You will be proof of delivery of the goods.

6.7 You may be required to provide photo identification at the time of delivery of the goods.

6.8 You indemnify Soniq NZ against any loss or damage suffered by Soniq NZ, its sub-contractors or employees, as a result of delivery or failed delivery, except where You are a consumer and Soniq NZ has not used due care and skill.

6.9 You must advise Soniq NZ in writing within 72 hours of delivery:

(a) of the non arrival of any or all of the goods;

(b) if there is damage to the goods;

(c) that the wrong goods have been received; or

(d) that the quantity of the goods is incorrect.


7. LIABILITY

7.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

7.2 If You are a consumer, nothing in these Terms restricts, limits or modifies Your rights or remedies against Soniq NZ for failure of a statutory guarantee under the Consumer Guarantees Act 1993.

7.3 Other than as stated in the Terms or any written warranty statement, Soniq NZ is not liable to You in any way arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by You or any third party.

7.4 Soniq NZ is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill, anticipated savings, data, or any liability to any other party, other than if You are a consumer, then to the extent that the loss was reasonably foreseeable.

7.5 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.


8. ACKNOWLEDGEMENTS

8.1 You acknowledge that:

(a) You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Soniq NZ in relation to the goods or services or their use or application.

(b) You have not made known, either expressly or by implication to Soniq NZ any purpose for which You require the goods or services and you have the sole responsibility of satisfying Yourself that the goods or services are suitable for Your use.


9. CANCELLATION

9.1 If Soniq NZ is unable to deliver or provide the goods or services, then it may cancel Your order (even if it has been accepted) by notice to You and provide a refund for amounts paid.

9.2 No purported cancellation or suspension of an order or any part of it by You is binding on Soniq NZ once the order has been accepted and payment confirmed.


10. WARRANTY AND RETURNS

10.1 Each range of goods provided by Soniq NZ is subject to specific express warranty terms, limitations and exclusions:

(a) that are supplied with the goods; and

(b) that are available from Soniq NZ upon request.

10.2 These express warranty terms are in addition to and do not limit any right or remedy You may have under the Consumer Guarantees Act 1993.

10.3 In the case of a refund request, Soniq NZ will make the appropriate adjustment to, or refund of, the purchase price. The customer will be responsible for all costs incurred when returning the goods.


11. 14 DAY SATISFACTION GUARANTEE

11.1 Subject to clauses 10.2 and 10.3, if You are not satisfied with the goods that are provided with Soniq NZ's 14 Day Satisfaction Guarantee, for reason other than a fault in the goods or a major failure of a statutory guarantee under the Consumer Guarantees Act 1993, You may return the goods to Soniq NZ within 14 days from the date of delivery. You will be responsible for all delivery charges for returning the goods to Soniq NZ. Soniq NZ will refund the purchase price of the goods.

11.2 Soniq NZ reserves the right not to accept goods for return or to retain from the purchase price of the goods an amount to compensate it if:

(a) the goods are not in their original condition and replaced in their original packaging;

(b) the goods have been damaged; and

(c) all parts and accessories packaged with or forming part of the goods are not returned.

11.3 If You are a consumer, nothing in this clause 11 limits any remedy available for a failure of the guarantees in accordance with the Consumer Guarantees Act 1993.

11.4 Other than pursuant to clause 11 or if there is a major failure of a statutory guarantee under the Consumer Guarantees Act 1993, Soniq NZ will not accept the return of any goods once ordered. If You attempt to do so, You will be responsible for all delivery charges for returning the goods to You.


12. TRANSFER OF RIGHTS AND OBLIGATIONS


12.1 The Contract between You and Soniq NZ is binding on both parties and on both parties' respective successors and assignees. 

12.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. 

12.3 Soniq NZ may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.


13. FORCE MAJEURE

13.1 Soniq NZ is not liable in any way howsoever arising under the Contract to the extent that it is prevented from acting by events beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. If an event of force majeure occurs Soniq NZ may suspend or terminate the Contract by giving You written notice.


14. MISCELLANEOUS

14.1 The law of New Zealand from time to time governs Your Contract with Soniq NZ.

14.2 Soniq NZ's failure to enforce any of these Terms shall not be construed as a waiver of any of Soniq NZ’s rights.

14.3 A person who is not party to these terms and conditions or the Contract shall not have any rights under or in connection with them under the contractual privity provisions of the Contract and Commercial Law Act 2017.

14.4 If any Term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.

14.5 You accept that communication with Soniq NZ will be electronic and agree to this means of communication. You acknowledge that all contracts, notices, information and other communications that Soniq NZ provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14.6 A notice must be in writing and handed personally or sent by email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by email are deemed received on confirmation of successful transmission.

14.7 Soniq NZ is bound by the [Insert Act] and takes steps to ensure that all personal information obtained in connection with You will be appropriately collected, stored, used, disclosed and transferred in accordance with [XYZ]. Such information may be accessed by request to Soniq NZ in accordance with Soniq NZ's Privacy Policy.