(Who we are) We are Smart Click Limited trading as TECH-MALL and in these terms we refer to ourselves as “we” or “us” or “Our”.
(Delivery) – We currently only ship to New Zealand.
We quote expected delivery times in good faith but these are estimates and we are not bound by them. Courier waiver – if you have signed a courier waiver allowing for goods to be left at your property unsigned for, then we accept no responsibility for lost or damaged goods.
(Returns) If you want to return anything you’ll need, a return authorisation (RA) number. Please contact us for one firstname.lastname@example.org
Software cannot be returned.
If you’ve received the wrong goods or they have been damaged in transit, you’ll need to let us know within 5 days of receiving them – otherwise, you agree that the correct goods have been delivered and that they are in good order.
We don’t have to accept a return if you’ve simply changed your mind. You’ll need to pay the cost for returning the item, and we recommend tracking and insurance for your safety, because you are responsible if any item is lost or damaged while being returned to us. If an item is returned and is not faulty, you will have to pay the cost for shipping the item back.
(Warranties) All warranties are manufactures warranties, and are subject to the manufactures terms & conditions unless otherwise specified. Warranties exclude software issues & data loss and do not cover physical damage. Any Warranty supplied is not an instant replacement warranty, although we do try our best to minimize turnaround time.
We take no responsibility for any data loss, backups are the customer’s responsibility.
(Payments) We don’t have to provide you any specific goods or services until you have fully paid all money that you owe us.
We retain ownership of all goods supplied until we have received full payment for all goods supplied to you. You agree to do anything necessary (including signing documents) to enable us to protect and register our security interest.
(Risk and retention of title) Risk (including any insurance responsibility) passes to you when you collect the goods (or they are collected for you); or when they are dispatched to you (this includes when we or our supplier releases the goods to a carrier to send to you).
(Stock levels) All goods are subject to availability & ship from the stockist warehouse.
(Prices) We can change our prices at any time before accepting an order. Also, we can change our prices without prior notice.
(Errors and Omissions) Information is as accurate as we can make it.
We are not responsible for any image or information errors / omissions.
(Acts of God and things outside our control) We won’t be responsible to you for any loss or damage directly or indirectly arising from or in connection with an Act of God or anything beyond our control.
By “Acts of God and anything beyond our control” we mean all the usual things (earthquakes, fires, floods etc.) as well as: armed conflict, labour disputes, civil commotion, government intervention, transport delays, accidents, serious illness, shortages with materials, goods or facilities, and anything else beyond our control.
(Consumer Guarantees Act)
If your purchase is a type that is subject to the Consumer Guarantees Act 1993
Then the following applies,
1. If you’re acquiring the goods (or services) for the purposes of a business then you agree that the Act doesn’t apply. – if you buy under a business name or business account it’s a business purchase.
2. If you’re acquiring the goods (or services) for a non-business purposes then these terms will be interpreted subject to the Act and nothing in these terms will limit your rights under the Act.
(Liability) You should make sure that the goods or services ordered are fit and suitable for the purpose they are required, because we don’t provide any guarantee or make any representation regarding fitness or suitability for purpose, merchantability or otherwise. Accordingly, we exclude all liability we might otherwise have to you.
We exclude all liability for any Death,Health problems,Harm,Losses caused by the use of our website, or by the use or purchase of products/services that we sell/provide.
(Entire Agreement) When we accept your order then these terms and conditions, together with any additional terms we’ve advised you of or agreed to in writing*, is the entire agreement between us. You agree that there are no other understandings, representations or warranties forming a part of this agreement. In particular, if you have any special instructions that are inconsistent with or qualify these terms, then we’ll try to accommodate, but you accept that they’re not binding on us. *This includes by email/phone.
(Privacy Act) You authorise us to use any information we have about you, and to collect information about you, for any reasonable purpose related to our business including: obtaining credit reports, registering security interests, reporting overdue debts to debt collection agencies or credit reporting agencies.
For more information about your right of access to and correction of information held by us please refer to the Privacy Act 1993. Subject to the Privacy Act, a fee for retrieval and correction of information may be charged if appropriate.
(Security) The Website is secure to our knowledge. we will not be held responsable, for the malicious actions of others in any shape or form.
(legal stuff) Governing law – The contract (and these terms) are governed by the laws of New Zealand.
Waiver – If we waive one default it doesn’t mean that we waive of any later default (even if it’s the same type of default). If we fail to exercise any right (or delay in doing so) it doesn’t mean we waive that right.
No assignment- You can not assign or transfer this contract without our prior written consent.