Terms and Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: New Zealand
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Solar Ovens NZ, 12 Odin Place, Beach Haven, Auckland 0626.
  • Device means any device that can access the Service such as a computer, a cell-phone or a digital tablet.
  • Service refers to the Website and its features including the online shop.
  • Goods or Items refers to the physical offers sold in this online shop.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to this online service, accessible from https://solar-ovens.nz/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

  1. Please read these terms and conditions carefully before using the shop and our online services.
  2. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
  3. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
  4. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
  5. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
  6. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Terms of Trade

Price

  1. The price of the goods or services will be as communicated by the Company in writing as either a quoted price, given as an estimate or simply as listed in the online shop. Goods and Services Tax is included and form part of the price.
  2. The Company reserves the right to alter its prices at any time to adapt to cost increases outside its control.
  3. We accept only written order requests or orders via the online shop for products and or services from the Customer. As these will form part of the contract and will be used in case of disputes.
  4. Once an order is received via the online shop from the Customer via the online shop or email by the Company becomes binding until either partial or full cancellation is agreed on by both parties in writing.

Deposit payment

  1. A deposit payment on Goods reserves the right to purchase those/this Product(s), dependent on availability and on a first come first serve basis.
  2. We will keep You informed about the availability status and when we expect the full payment for Item(s) that are ready to be shipped or picked up.
  3. If for any reason you would like to get the deposit amount refunded You need to let us know in writing, simply use our contact us form.

Payment

  1. All payments are due within 7 days after receipt of invoice or as otherwise agreed on in writing.
  2. If the payment is not received after 7 days the Good(s) will be offered to other customers.
  3. In case of prior deposit payment, the rest amount due will be invoiced and need to be paid in full before the Good(s) will be handed over or shipped to you.
  4. Good(s) shall be paid in full before the trade will commence.

Delivery

  1. Delivery is being during the usual business hours to the address nominated by the Customer and shall be completed on the Goods being left at that address.
  2. The Company shall not be liable for any delay in delivery nor for non-delivery due to causes of whatever kind beyond the Company’s control.
  3. The Goods may not be returned except with the written consent of the Company and in that event on terms prescribed by the Company who may impose a handling fee of up to 20% of the price of the goods.
  4. Claims in respect of incorrect delivery must be made in writing within 24 hours of delivery.
  5. There is a shipping insurance that only covers damage of delivered items or loss in transit. Please immediately provide evidence if the packaging is damaged.
  6. Otherwise, items shall be at the sole risk of the Customer from moment of dispatch by a shipping carrier.
  7. Any order will be handed over to a courier service of our choosing within 24 hours on business days after receiving payment into our bank account.
  8. The Courier service indicated New Zealand wide delivery times to be usually up to 4 days depending on the distance from Auckland.

Ownership of Goods

The title of Goods remain under the Company’s ownership until the offered price has been received in full.

Warranty

  1. Goods are supplied in good faith and come in original packaging and with a 1-year manufacturer warranty.
  2. However, subject to any written warranty which the Company may give to the Customer, all warranties and representations made by the Company, its employees, representatives or agents, whether expressed or implied, statutory or otherwise, collateral or antecedent hereto or otherwise are expressly excluded.
  3. Regarding Goods and the Company‘s liability (if any) shall be restricted to, at the Company’s discretion, the repair of any faulty Goods or to their replacement, or on return of the faulty Goods, to a refund up to the value of the price paid by the Customer for the Goods.
  4. A charge may be made for the cost of any repair before the repair starts, which will be reimbursed if the fault being repaired is genuinely covered by warranty. Regarding workmanship the Company’s liability (if any) will be limited to, at the Company’s discretion, either a redoing of the work or to a partial or full reversal of any charge made by the Company for the work done.
  5. No other warranties express or implied by law are made with respect to products supplied by the Company, and notwithstanding the provisions of the Contractual Remedies Act 1979, these shall be the only remedies available to the Customer.
  6. The Company will as far as it is legally able to do so, assign to the Customer the benefit of a manufacturer’s warranty (if any) expressed or implied relating to Goods supplied.

Limitation of Liability

The Company shall not be liable to the Customer nor to anyone else for any damage or loss of whatever kind howsoever arising due, amongst other things, to the failure of the Items to function or to operate satisfactorily, nor for any direct or indirect or consequential damage or loss to property or person whatsoever, and the Customer indemnities the Company against any claims made against the Company by any third party in respect of any such damage or loss.

Refund and Returns policy

Overview

Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Additional non-returnable items:

  • Gift cards
  • Used Items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted:

  • Any Item not in its original condition, is damaged or missing parts for reasons not due to our error.
  • Any Item that is returned more than 30 days after delivery

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 8 working days.

Late or missing refunds

Please allow for 8 working days for all the processing to be accomplished.

If you haven’t received a refund by then, please first check your bank account. Otherwise contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us.

Items on Sale

Only regular priced Items may be refunded. Sale items cannot be refunded.

Shipping returns

  1. When a return is agreed on, we will provide you with the return address to send the item to.
  2. You will be responsible for paying for the return shipping costs for returning your item(s).
  3. Please consider using a trackable shipping service and or purchasing shipping insurance. We are not responsible if the returned item gets lost or damaged in the shipping process.
  4. Any shipping costs are non-refundable. If you receive a refund, the initial cost of shipping the item to you will be deducted from your refund. These costs are part of the restocking fees.
  5. Depending on where you live, the time it may take for your exchanged product to reach you may vary.

Exchanges and Replacements

We exchange items for different ones if they are received in their original packaging without any usage signs. The return shipment needs to be paid by You and a restocking fee may still apply.

We will only replace items free of charge if they arrived at your place defective or damaged. A refund process needs to be initiated with all the prove documented for the defect or damage. If you need a replacement for the same item, contact us with all the details using the contact form.

Restocking fees

After we agree to a refund and the product was sent back, we will inspect the product.

Depending on its state, i.e. usage marks, etc. we will charge a restocking fee of a minimum 10% of the product price to also cover for initial handling and shipping costs.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 NZD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates, Merchants and their respective licensors and service providers, expressly disclaims all warranties, whether expressed, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
(ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Need help?

Contact us via contact us form for questions related to refunds and returns.

Changes to these Terms & Conditions

We may update these Terms & Conditions from time to time. We will notify You of any changes by posting the new Terms & Conditions on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the bottom of this Terms & Conditions.

You are advised to review this Terms & Conditions periodically for any changes. Changes to this Terms & Conditions are effective when they are posted on this page.

 

Last updated: 30th April 2023

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