TERMS AND CONDITIONS

Welcome to Sunwave Shop website www.sunwaveshop.co.nz . This website is operated by Sunwave N.Z International Company Ltd commonly referred to as Sunwave in this document. Throughout the site, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If you do not accept these Terms and Conditions, you must cease accessing the website immediately.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use to the website following the posting of any changes constitutes acceptance of those changes.

All the content and information included in this website as text, graphics, photographs, logos, icons, buttons and images (“Content”) is the property of Sunwave Shop or its content suppliers and protected by New Zealand and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on this web site is the exclusive property of Sunwave Shop and protected by New Zealand and international copyright laws.

The use of the website www.sunwaveshop.co.nz is for the ordering of any product from Sunwave New Zealand International Company Limited (Sunwave Shop) creates a legally binding contract between you and Sunwave Shop subject to these terms and conditions.

All Content on this web site may only be used by you for your shopping. You may not make use of any logo or trade mark displayed on the website and intellectual property without the express written consent of Sunwave. Any other use of the content, including but not limited to, the reproduction, modification, distribution, transmission, republication or display for any other purposes is strictly prohibited.

ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. Sunwave makes no warranty as to your use of the website and Sunwave will have no liability for any damage to your computer or other hardware as a result of your use of the website.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

1 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2- AGREEMENT

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5 PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

8 THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third- party products should be directed to the third-party.

9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain offensive or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12 PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Business Name, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Business Name and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15 – SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

18 – GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

19 – CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

20 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at sales@sunwaveshop.co.nz 

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TERMS OF PURCHASE

These Terms of Purchase will govern the purchase of any goods (“goods”) you make from Sunwave through the Sunwave Shop’s website at https://sunwaveshop.co.nz . You should read and ensure you understand these Terms of Purchase before ordering any goods. If you do not agree with any of these Terms of Purchase you must not order goods through the website.

1 – ORDER

You may order goods described on the website for the price specified on the website. All prices are expressed in New Zealand dollars and are inclusive of goods and services tax chargeable under the goods and Services Tax Act 1985 (“GST”). Sunwave reserves the right to amend the prices of goods from time to time without prior notice.

2 – DETAILS

Your order must contain your name, email address, credit card details, billing address, delivery address and any other ordering information specified on the website.

3 – CANCELLATION

You may not cancel an order once it has been submitted provided that Sunwave may reject your order at any time and is not required to give reasons for rejecting your order.

4 – REJECTION

If we reject your order for any reason, neither you or we will be under any further obligation to the other arising out of your order or our rejection of that order.

5 – REIMBURSEMENT

If we reject your order we undertake to reimburse you for any payments already received by us.

6 – DELIVERY

Delivery of the goods to you will take place in the manner chosen by Sunwave unless agreed otherwise with you. Sunwave will not be liable for any delay in delivery of goods ordered or non-delivery of goods ordered, other than in accordance with the provisions of the Consumer Guarantees Act 1993.

7 – TITLE  

Title in the goods does not pass to you until payment has been received in full by Sunwave or its agent.  You acknowledge that these Terms of Purchase create a security interest as defined in the Personal Property Securities Act 1999 (NZ) in favour of Sunwave in any goods purchased from this website, and that Sunwave may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the goods. While Sunwave retains title to the goods you must properly store the goods and ensure the goods are identifiable as Sunwave product.

8 – PAYMENT

Payment must be affected in the manner described on the website. Prices are inclusive of GST unless otherwise stated.  Prices are, however, exclusive of other taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of the goods. Where payment is by credit card, you will be liable for all orders placed using your credit card. 

9 – DONATIONS

Sunwave may from time to time donate a percentage of the sale price of any goods to any charity of its choosing. Nothing in these Terms of Purchase comprises an endorsement of Sunwave products by any recipient of a donation.

10 – CAPACITY

The goods are offered for sale only to persons who can make legally binding contracts.  It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the website and the purchase of goods from the website.  By placing an order for goods you represent that you are capable of making a legally binding contract and that the goods purchased will be used in a lawful manner.

11 – NEW ZEALAND LAW

Details contained on the Internet Sites relating to goods, including any descriptions or claims made in relation to goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction.  We do not warrant that the details, descriptions or claims on the Internet Sites concerning goods will satisfy the laws of any other jurisdiction.  It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you may not order any goods from the website.

12 – COMBINED TERMS

These Terms of Purchase together with any additional terms and conditions contained on the website or in the invoice or any other similar document issued by Sunwave shall be the terms which govern your purchase of the goods.

13 – POSSESSION AND RISK

Possession and risk in the goods shall pass to you upon delivery of the goods to your agent or carrier or upon delivery of the goods to the address supplied by you when placing an order.

14 – INCORRECT ORDERS

Short or incorrect orders must be reported to Sunwave within seven (7) working days of their receipt together with the invoice number. Any goods returned must be clean and free from price markings. Goods that have been damaged or are not resaleable may not be credited in full.

15 – RETURN OF ERRONEOUS OR EXCESSIVE ORDERS

For goods ordered in excess of your requirements or in error, Sunwave reserves the right to charge a handling fee of up to 20% of the original invoice value where those goods are returned.  An authorisation is required by Sunwave prior to the return of any goods and Sunwave is under no obligation to grant any such authorisation.

16 – DEFECTIVE GOODS

If goods are purchased on the website, and those goods do not conform to specification or are defective, then provided such goods are returned together with the relevant invoice or shipping note to Sunwave within ten (10) working days of the date of purchase, Sunwave will at its option, replace such goods or refund the purchase price.

17 – EXCLUSION OF LIABILITY

Under no circumstances will Sunwave, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you, or by any other third party, whether direct or consequential (including, but without limitation, any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to goods supplied pursuant to an order placed on the website or in respect of any failure or omission on the part of Sunwave to comply with its obligations as set out in these Terms of Purchase in respect of the sale of goods to you.  If you are using the website, or purchasing goods for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.

18 – LIMITATION OF LIABILITY

In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and Sunwave becomes liable for any loss or damage that would otherwise have been excluded, Sunwave maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the goods pursuant to an order is to be limited to the lesser of the value of goods comprised in an order to which a claim relates; the cost of repairing or replacing defective goods; and the actual loss or damage suffered by you. All other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to Sunwave, merchantable or otherwise, whether express or implied, and whether statutory or otherwise, are expressly excluded, except to the extent that such liability is required by law without right of exclusion.

19 – FITNESS FOR PURPOSE

You acknowledge that you have made your own investigations as to the fitness of the goods for your purpose.

20 – NOTIFICATION OF PROBLEM

Sunwave shall not be liable for any damage, discrepancy or shortage in the goods unless you notify Sunwave and the carrier within 48 hours of the time of delivery of the goods. 

21 – SEVERABILITY

If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.

22 – GOODS DESCRIPTION AND AVAILABILITY

All descriptions of goods, specifications, quantities and prices of goods depicted on the website are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only. Sunwave will make all reasonable efforts to accurately display the attributes of the goods, including applicable colours; however, the actual colour you see will depend on your computer and we cannot guarantee your computer will accurately display such colours.  While Sunwave will use its best endeavours to ensure your order is met, Sunwave provides no warranty as to the availability of goods ordered on the website.

23 – WAIVER

If we delay or do not exercise any of our rights or remedies under these Terms of Purchase, that will not be a waiver of the right or remedy.

24 – RETAIN A COPY

You should print out and retain or otherwise store a copy of these Terms of Purchase for your future reference.

25 – QUERIES

If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us at sales@sunwaveshop.co.nz