|Terms and Conditions
All the Products sold via the Image Audio Online Site are sold subject to the following terms and conditions.
1.1 Customer - means you and all other persons who purchase the products while you are connected to the site.
1.2 GST - means goods and services tax at the current rate.
1.3 Goods - means all the goods for sale on the Image Audio Online site.
1.4 Image Audio - means Image Audio, who is the seller of the products for ale via the Image Audio Online Site.
1.5 The Image Audio Online Site - means this Internet/Web site owned by Image Audio.
Image Audio will take all reasonable precautions to ensure that there is no unauthorised access to this site. Image Audio shall not be liable for any claims or damages however arising from any unauthorised access.
To ensure that your credit card and personal information details are kept secure in transit on the Internet, we use standard RC4 128bit encryption to encrypt all data going to and from the website.
The order form and subsequent response pages are only available through HTTPS connections (secure web page transfers).
The Image Audio web site is protected by a commercial firewall to prevent any attempts by hackers to access your data. All credit card numbers are stored within the database in encoded format.
Access to the web server and/or databases is restricted to only those Image Audio personnel with authorised access.
Prices displayed for goods are correct at the time of publication and are valid only for purchases made through this site.
Prices as displayed may differ to those available in the Image Audio store. Where the price differs from that available at a Image Audio store the price as displayed on this site will be the price of any item purchased from this site.
3.2 Store Pricing
Pricing offers displayed on this site that refer to goods offered for sale in the Image Audio store are only valid for the dates displayed within the offer or while stock is available in store.
All prices are displayed in New Zealand dollars.
For international currency conversion please visit www.XE.com
3.4 Prices inclusive of GST
For all good sold within New Zealand, all prices are inclusive of GST.
3.5 Adjustment to Price
Image Audio reserve the right to alter prices at any time and for any reason. Where there is an adjustment to the price after an order has been placed by the Customer the Customer will be notified of the change. Where the change results in an increase in the price the Customer will be given the option to cancel the purchase or continue the transaction at the adjusted price. Where the change results in a decrease in the price the Customer will be advised of the change.
3.6 Variation of Order and Price
If a Customer requests a variation to an order, which is accepted by Image Audio the price payable for the order will be adjusted to reflect the variation.
4.0 Product range and availability
4.1 Product Availability
Every effort will be made to fulfil any order placed, however Image Audio shall not be liable to any person should we be unable or refuse to supply the good(s) ordered for any reason whatsoever.
No back orders will be accepted for any special or promotionally priced items that are unavailable at the time the order is placed.
The Customer shall make payment for any on line order by credit card, Direct Credit or Cheque.
6.1 Delivery/ Freight Charges
Prices listed for products do not include the cost of freight. This is added on the checkout page of the Image Audio website and will be confirmed before the product is shipped.
6.2 Goods not Delivered until Payment Received in Full
Goods will not be delivered to a Customer until payment for the order has been received in full. This will only be following confirmation by our bank that payment in full has been accepted. For credit card and direct credit payment, this is generally within 24 hours of order acceptance.
For cheque this is generally 3-5 working days after receipt of payment
6.3 Right to Withhold Delivery
Image Audio may at their sole discretion withhold delivery of all or part of any order for any reason whatsoever.
Image Audio shall use its best endeavours to deliver the Goods to the delivery address as specified by the Customer in an acceptable quality and in a timely basis.
Image Audio will not be liable in any way or under any circumstance for any delays in the delivery of the Goods
6.5 Delivery Completed
Delivery will be deemed to have been completed when the Goods have been delivered to the delivery address as specified by the Customer.
7.0 Variation/Cancellation of order
7.1 Variation or Cancellation of Order
The customer may vary or cancel the order in accordance with clause 9.1.
Property and risk in the goods shall pass to the Customer upon delivery to the Customer's delivery address as specified in clause 6.3.
9.0 Returns of products/refunds
9.1 Right to Return
Customers have a right to return any goods either because;
1. They are faulty; or
2. The Customer has changed their mind,
The Customer may arrange for the return of any goods by contacting Image Audio.
9.2 Conditions of Return The following conditions apply to any return of goods.
||9.2.1 Where a return is made due to a change of mind the customer must notify Image Audio within 7 days of receipt of the goods. |
9.2.2 Goods returned due to a change of mind must be in original condition and not be opened or damaged in any way.
9.2.3 Where goods are being returned due to a fault they must not be damaged any further.
9.2.4 If a return is made due to a change of mind the returned goods must include packaging, accessories and instructions.
9.2.5 Customers will need to provide proof of purchase for any return of goods.
9.2.6 Where a return is due to a shipping mistake, fault or damage Customers will have 7 days from the date of receipt of goods to contact Image Audio.
9.3 Delivery Costs for Returns
||9.3.1 If a return is made due to a change of mind, any delivery costs to return those goods to Image Audio will be the responsibility of the Customer. |
9.3.2 If a return is made due to a shipping mistake, fault or damage any delivery costs to return those goods to Image Audio will be the responsibility of Image Audio. Where the Customer has incurred any delivery costs in returning those goods Image Audio will refund the Customer upon receipt of a suitable invoice and/or receipt for such delivery costs.
9.3.3 Any costs incurred by a Customer and to be refunded by Image Audio must be reasonable. Reasonable is defined as the costs that would normally be expected to be paid to return goods using readily available postage cartage services.
||10.1.1 Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative is authorised to make any warranties, representations or unauthorised warranties, representations or statements. |
10.1.2 The Customer shall ensure that the Goods are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Goods.
10.1.3 The Customer expressly acknowledges and agrees that Image Audio accepts no obligation or liability for any advice given and all such Goods are accepted by the Customer entirely at the customers risk.
All Goods supplied come with a twelve-month guarantee of quality from the date of receipt of those goods by the Customer.
Where goods are deemed to be faulty Image Audio may at their sole discretion either repair or replace the item. Where Image Audio decides to replace the item it will use its best endeavours to replace the item with an identical item. Where an identical item cannot be supplied Image Audio will provide an item of similar quality.
Where an item of similar quality is provided there will be no adjustment to the purchase price of the original product.
10.3 Consumer Guarantees Act
The customer acknowledges that where the goods are ordered for business purposes (as defined in the Consumer Guarantees Act 1993) ("CGA") the provisions of the CGA shall not apply to any goods purchased from this site.
11.1 Product Liability
Any liability that may arise whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the goods supplied or any other breach of obligations hereunder shall not exceed an amount equal to the price paid by the Customer for those goods.
11.2 No liability for Indirect Loss
Image Audio shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Image Audio be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.
12.0 Force majeure
If the performance by Image Audio of any of its obligations under the Terms and Conditions of this site is prevented by reason of "force majeure" (including without limitation fire, accident, natural disaster, act of God or any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage or unavailability of products, delay in transit, electricity or communications failures, or other causes beyond the reasonable control of Image Audio) Image Audio shall be excused from such performance to the extent that such performance is prevented by the above conditions.
13.1 Collection and use of Personal Information
At times Image Audio, as a part of providing products and services may collect personal information. Examples of this information include contact and delivery details, purchase history and credit card details.
All information collected through normal business dealings will remain confidential and will not be disclosed to any other party without written consent of the owner except where such disclosure is required to complete the transaction entered into by the Customer.
The information collected will only be used to;
- complete the transaction entered into by the customer;
- analyse customer shopping habits and interests for internal purposes;
- analyse the most appropriate communication method for special promotion information and other marketing related promotions.
13.2 Security of Information
Image Audio takes all reasonable care to ensure that any personal information remains confidential.
13.3 Customer Consent
Customers who do not wish to have any personal information collected by Image Audio used for any other purpose other than that required to complete the transaction may indicate this wish at the time of purchase, by correspondence or by contact with an appropriately authorised representative of the company.
13.4 Access to Personal Information
The Customer is aware that under the Privacy Act 1993 they have access to personal information related to themselves held by Image Audio and to request correction to the information and to be informed of action taken response to any such request. In addition they may request that there be attached to the information a statement which the customer can supply relating to the fact that the customer has requested a correction. The customer agrees to pay reasonable charges requested by Image Audio in relation to time and attendances involved in complying with the Customer's request in this regard.
14.0 Governing Law and Jurisdiction
The use of this website and these Terms and Conditions shall be governed by the laws of New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of New Zealand shall be within the exclusive jurisdiction of the courts of New Zealand.
15.0 Variation of terms and conditions
Image Audio reserves the right to, at any time, vary these Terms and Conditions.