Terms and Conditions of Sale

 

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of products and services through www.nz.fugoo.com (referred to as the “site”). By placing an order for such products and services, you (referred to as “you”, “your”, “consumer” or “customer”) agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this site. You may print a copy of these terms and conditions, however please be aware that Blulink Ltd (referred to as “SeeChange”, “Fugoo NZ “us” or “we”) may update these terms and condistions without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any products or services that are available through this site. These terms and conditions do not cover the sale of our Products by third parties to you. 

These terms and conditions are an integral part of the site Terms of Use that apply generally to the use of our site. You should also carefully review our Terms of Use and Privacy Policy at http://nz.fugoo.com/policies.php before placing an order for goods or services through this site. 

 

About US

We operate the website http://nz.fugoo.com/. We are Blulink Ltd, a company registered in New Zealand under company number 1227059 and with our registered office at Level 1, Plaza House, 243 Princess St, Dunedin 9016, New Zealand . Our GST number is 83-019-980.

SeeChange is the authorised and exclusive distributor for Fugoo products in New Zealand.  We are a seller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site.  For reseller enquiries for FUGOO in New Zealand, please contact info@weseechange.co.nz

Service availability

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

Your Status

By placing an order through our website, 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 our website from New Zealand; and 
(e) you are a private individual and purchasing Products in your capacity as such.

Our status

We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your citizens advice bureau. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.

Order Acceptance and Cancellation

A. New Orders: Orders for in-stock products will be processed upon us successfully receiving and accepting your order. At that time, your payment will be collected and we will make our best effort to ship your order within one business day. An email notification will be sent to you confirming your order and providing you with an order number. Once your order has shipped, an email notification will be sent to you providing you with shipping and tracking information.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

SPECIALS AND PROMOTIONS

All specials and promotions are limited to stock on hand. We reserve the right to limit quantities on promotions. Certain goods may be at the end of a line or have limited time available for purchase. We cannot guarantee products will always be available when you place your order.

Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

We accept VISA, MasterCard and Debit/credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honoured by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees, if any.

All payments must be in New Zealand dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the lower of 10% per annum or the highest rate allowed by law. We retain a security interest in the products and all proceeds there of until the full purchase price therefore (including taxes and additional charges) has been paid.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

Changes in Products and Pricing

We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, such information is subject to continual change, so you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.

All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

Shipping Policy

All shipping prices are quoted in New Zealand dollars. No C.O.D. orders can be accepted.

Currently, we ship only to valid NZ addresses, excluding PO Boxes and Private Bags. For security reasons, we are unable to alter the address or redirect the package after payment has been made. We will make our best effort to ship your successfully placed order same day if it is received and accepted by us before 12:00 p.m. NZT (Monday - Friday, excluding designated holidays).

Orders ship when all items are available. You will receive an email notification once your order is shipped. It will include shipment and tracking information.

We will deliver the Products to the delivery address you specify in your order. We will instruct the courier not to deliver the Products to your delivery address unless there is someone present to accept and sign for them. If you have not received the Product(s) within the estimated delivery time specified in the Dispatch Confirmation you should contact us via our website or by email or by telephoning the Customer Call Centre (details are available here: http://nz.fugoo.com/contact-us.php ).

You can estimate shipping charges and taxes at checkout based on the information you enter in your order. Shipping rates are based on the estimated packaged weight and dimensions of your complete order. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full kilogram.

Please note the posted shipping time frame may be listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon product availability and credit card approval. Shipping time frames may be delayed should we experience difficulties with product availability or in obtaining credit card authorisation.

Delivery of a product does not include installation unless expressly stated on our website.

These shipping terms are accepted by you by placing an order with us.

Risk and title

The Products will be your responsibility from the time of delivery. 

Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products.

Delivery

Our orders require a signature upon delivery. Please make sure a responsible person will be available at your address to accept the delivery. To receive your shipment on the first delivery attempt, please track your shipment with the tracking information provided to you in your shipping confirmation. If the package is returned to us, the original purchaser will be refunded less the shipping fees both ways. For more information and options for receiving your shipment, please visit www.nzcouriers.co.nz

Product Listing and Pricing

We make every attempt to ensure all products, descriptions, images, links, specifications; reference and pricing listed on our website are accurate. In the unlikely event an error occurs, we will not be bound to this error, nor can we guarantee that all information posted on our website is current, accurate or complete. We will correct any known issues as soon as possible and allow you to complete your order or cancel it.

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we  retain the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

The price of the Products will be as quoted on our website from time to time, except in cases of obvious error. Product prices include GST at the current rates. The price quoted on our website for Products excludes delivery charges which are quoted separately on our website. 

Consumer Rights

If your product is defective when you receive it, or becomes defective within a reasonable amount of time (in accordance with the Consumer Guarantees Act 1993), please contact us to arrange a repair, or where 
a) We are unable to repair; or
b) the product suffers a failure of substantial character, an exchange or a refund. 

For the avoidance of doubt, nothing in these terms and conditions shall be construed as limiting or otherwise preventing you from exercising your consumer rights. 

Disclaimer and Limitation of Liability

Please review our warranty policy, which is incorporated in these Terms and Conditions of Sale by reference at http://nz.fugoo.com/policies.php  and listed under item A. below.

A. One Year Consumer Limited Warranty

Fugoo products are warranted to be free from defects in materials or workmanship for one year from the date of purchase. Within this period, Consumer's sole and exclusive remedy and our sole and exclusive responsibility under this warranty will be repair or replacement of the defective product during the one (1) year limited warranty period, at our discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. Such repairs or replacement will be made at no charge to the Consumer for parts or labour. Product may be repaired or replaced using new or remanufactured parts of product or refunded to Consumer the amount equal to the purchase price paid by the Consumer for the product, less shipping, taxes and other fees, at our sole discretion. Consumer is responsible for all shipping associated with returning the product to our designated service centre. This warranty does not apply to:

Cosmetic damage, such as scratches, nicks and dents;

Damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes;

Damage caused by service performed by anyone who is not an authorised service provider of us;

Damage to a product that has been modified or altered without the written permission of us;

Use not in accordance with the documentation;

Damage caused by the equipment with which the Product is used. In addition, we reserve the right to refuse warranty claims against products or services that are obtained and/or used in contravention of the laws of any country.

Repairs will be warranted for 90 days. If the returned unit is still under its original warranty, then the new warranty is 90 days or to the end of the original 1 year warranty, whichever is longer.

This limited warranty extends only to the original purchaser of the product and is not assignable or transferable to any subsequent purchaser or user. Products purchased through online auctions (excluding www.nz.fugoo.com) are not covered under warranty. Proof of purchases from online auctions are not accepted as verification of warranty. To obtain warranty service, an original or copy of the sales receipt from the original retailer is required. We will not replace missing components from any package purchased through online auctions. 

FOR PURCHASES MADE DIRECTLY FROM THE FUGOO NZ WEBSITE…To obtain warranty service, email SeeChange at returns@nz.fugoo.com to request a Return Authorisation ("RA") number. Upon approval, return the defective product together with proof of purchase to the address specified by us. We will pay all costs associated with shipping the product back to the Consumer after the completion of service under this limited warranty for products accepted and approved as under warranty only. If the product is not covered under warranty (whether because the warranty has expired, the damage is Consumer-induced or otherwise), the Consumer can choose to have the product repaired at Consumer’s expense or returned to Consumer at Consumer’s expense; Consumer is responsible for all shipment and service fees associated with repairs or replacements not covered under warranty. We will ship only to valid NZ addresses, excluding PO Boxes and Private Bags. For security reasons, we are unable to alter the address or redirect the package after the shipment has been made. Any product returned to us without an RA or without proof of purchase will be returned to the Consumer at the Consumer’s expense. Consumer has 30 days from the date SeeChange  makes its first attempt to contact the Consumer to pay for expenses associated with the repair of non-warranty items or the cost to return the items received without an RA or proof of purchase. If Consumer fails to pay for such expenses and/or costs, including but not limited to shipping and handling within such 30-day period, Consumer agrees that we will have no further responsibility with respect to such returned product and shall have the right to dispose of such returned merchandise in any commercially reasonable manner and apply the proceeds, if any, against the amounts due to us on account of such expenses and/or costs.

IN NO EVENT WILL SEECHANGES’  TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY CONSUMER FOR THE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Privacy and Customer Information

We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorised use of your personal information. See our Privacy Policy at http://nz.fugoo.com/policies.php

At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number and credit card information.

Service and Support

All requests for technical service and support with respect to the products and services available through our site should be made by e-mail at info@nz.fugoo.com or by accessing our website at www.nz.fugoo.com and clicking on our Support link. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.

Except as explicitly noted on this site, the services available through this site are offered by Blulink Ltd, 3 Goodman Place, Penrose, Auckland. Our telephone number is +64-9-366 6605.

Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Entire Agreement and Other Documents

These terms and conditions and those set forth in other agreements referred to herein constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

Our website

We own or are licensed users of all intellectual property rights in our website and all material and content on our website. You may use this site and the materials and content on our website for personal, non-commercial use only. All other use or reproduction of our website or materials or content on our website is strictly prohibited.

Our website is provided on an ‘as is’ and ‘as available’ basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our website. We make no warranty that our website will meet your requirements or will be uninterrupted, timely or error-free or that our website or the server that makes it available are free of viruses or bugs.

While we endeavour to ensure that our website is normally available 24 hours a day, we will not be liable if for any reason our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.