Hitec Ink 2013 Ltd Terms & Conditions of USE
All orders via email to go to firstname.lastname@example.org
Download Terms & Conditions Agreement Here “Download this agreement to apply and open a new credit account” (Not required for online prepaid sales)
Collection fees and or late payment fees may be added to your account if not paid by the due date.
All claims against incorrect product damage or shortage must be made within 48 hours of delivery in writing to email@example.com.
All returns maybe subject to a restocking fee of 25% and any freight charges incurred. Please refer to our Returns policy
All Prices are exclusive of GST (New Zealand Goods and Services Tax)
The Hi-Tec Ink website at www.hitecink.com (the “Site”) is a website where you (the customer) can gather information, browse, select and order products (“Products”) from Hi-Tec Ink.
When you purchase Products using the Site, you are entering into an agreement with an individual Hi-Tec Ink Store (the details of which will be advised to you at the time of making your purchase) – this Hi-Tec Ink Store will be your point of contact in relation to an order, and will be responsible for fulfilling your order. For the avoidance of doubt, Hi-Tec Ink will not be responsible for fulfilling your order.
Each time an order is accepted, a contract comprising these Conditions of Use and the order particulars is formed (“Contract”).
Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
New Zealand Sales and Delivery Only
We only sell Products within New Zealand and can only ship to a location where we can provide a delivery service. We do not make deliveries outside of New Zealand unless by prior arrangement.
By using the Site, you agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
You agree not to use any data listed on the site for commercial purposes e.g. through price comparison or information plagiarism.
Capacity to place orders
You must be eighteen (18) years of age or older to place orders on the Site. If you are under 18, you may use the Site only with involvement/approval of a parent or guardian.
Should Hi-Tec Ink suffer any damage or other losses as a result of a transaction entered into by a minor, Hi-Tec Ink reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Hi-Tec Ink.
In order to purchase Products using the Site for the first time, you must either create a new user account (“Account”) or make your purchases as a customer (“Customer”). In order to purchase Products using the Site you will be require to input certain information such as your name, delivery address, billing address, phone number and email address.
Hi-Tec Ink may verify the information that you provide before accepting the creation of a new Account, or accepting a purchase by a Customer.
By using the Site, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.
Placing an order for Products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order from the Hi-Tec Ink Store that you have selected.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so on the Site or by the Hi-Tec Ink Store responsible for the fulfilment of your order.
Acceptance of an order
No information on our website constitutes or should be deemed as an offer by us to supply any Products; however, Hi-Tec Ink will make every effort to supply the Product/s to you. We will notify you that your order has been received by sending you an order confirmation (“Order Confirmation”) at the time that your order is placed; however, your order will not be processed until full payment or credit terms have been received/arranged by Hi-Tec Ink. Hi-Tec Ink will not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
Hi-Tec Ink reserve the right to refuse service, terminate accounts, remove or edit content, reject or cancel orders in our sole discretion.
We will confirm acceptance of your order when the Hi-Tec Ink Store responsible for the fulfilment of your order contacts you by telephone or email confirming acceptance of your order, and the final delivery fee.
The relevant Hi-Tec Ink Store will use its best endeavours to contact you within 2 business days of your order being placed to confirm acceptance of your order.
If we cannot process or accept your order after payment is received, we will contact you by email or telephone and arrange to refund your payment or if you prefer, have your order processed by a different Hi-Tec Ink Store. Hi-Tec Ink will contact you using the email address or telephone number provided by you when you created your Account or made your purchase as a Customer, and we will not be responsible for these details being incorrect. Please add the Hi-Tec Ink email address to your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.
Payment Methods and Processing
Hi-Tec Ink currently accepts payment via Direct Deposit, PayPal, Visa, and MasterCard only.
Payment processing will not begin until we receive all the information, we need to process the order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays (these may differ depending on specific Region).
We process credit card and payments after you click the "Process" button.
If we are unable to successfully process your credit card payment or do not receive payment via direct deposit for your order within three (3) business days, then we may cancel your order.
If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
For credit card and direct deposit payments your tax invoice, which will be provided to you via email (at email address supplied by you) at the time that your order is processed, (“GST Tax Invoice”) is your proof of purchase.
Please note that we are unable to accept credit cards issued by banks outside of Australia or New Zealand, and you may be required to provide further identification for additional security reference checks.
For credit card payments, the name that will appear on credit card statement is 'Hi-Tec Ink'.
The prices and availability of Products displayed on the Site will be based on the prices and availability of such Products at the Hi-Tec Ink Store that you have selected.
Prices are subject to change by individual Hi-Tec Ink Stores, and do not include display accessories or other options (except as specifically stated on the Site).
Some Products may not be available at each Hi-Tec Ink Store, and prices of Products may vary between individual Hi-Tec Ink Stores.
Hi-Tec Ink reserves the right to change prices for Products displayed on the site at any time.
The indicative delivery fee is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart and the delivery proximity of the Hi-Tec Ink Store responsible for fulfilling your order.
There may be additional delivery fees payable based on the location and logistics for delivery. The final delivery fee will be confirmed by the Hi-Tec Ink Store responsible for fulfilment of your order upon acceptance of the order.
Hi-Tec Ink reserve the right to correct any errors or misprints relating to
Products displayed on the Site, including after such Products have been ordered.
Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
- the Products in that order are not available;
- there is an error in the price or the product description posted on the Site for the Product in that order; or
- that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Any cancellation of orders, refunds, exchanges or return of any Products by a customer will be in accordance with the terms of our Returns Policy.
Fees and charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (if applicable) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products on the Site include GST where applicable, and are in New Zealand dollars.
The purchase price of each Product is shown on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in or across Hi-Tec Ink Stores for the same Product, and Hi-Tec Ink is not obliged to match any prices across different Hi-Tec Ink Stores, or other retailers.
Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
Damaged Products and Returns
See our Returns Policy.
Statutory Conditions and Warranties
Statutory conditions and warranties apply. Nothing in these Terms and
Conditions excludes the application of those statutory conditions and warranties.
For more information about your rights as a consumer, see the Commerce
Commission website at www.comcom.gov.nz
Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of these terms and conditions. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
- in the case of services: the resupply of the services; or the payment of the cost of resupply; and
- in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Any implied warranty or guarantee is the responsibility of the relevant Product supplier, and not Hi-Tec Ink.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
We do not guarantee that the Site will be accessible at all times, or that access and use of the Site will be uninterrupted, secure or error free (other than as set out in these terms and conditions). We are not obliged to continue operating all or any part of the Site. We may modify or close this Site (or part of it) at any time without any liability.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your Account if you breach these terms and conditions and:
- the breach cannot be remedied;
- you fail to remedy the breach within 10 days of our notice to you of that breach; or
- if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
Changes to these Terms and Conditions
These terms and conditions may be different from order to order, we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you place your order.
We have implemented technical security measures to protect the content of electronic orders and other information sent through the Site. However, we cannot guarantee the security of the content of any order or any other information.
Hi-Tec Ink uses Paypal Payment Express to provide a secure environment for the authorisation of credit card and charge card transactions. Confidential information including card details are encrypted using industry standard SSL 256-bit encryption technology.
If you have any questions regarding our security policy, please contact us at firstname.lastname@example.org
Enforceability and Jurisdiction
If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Risk of Loss and title in Products
Risk in the Product passes to you on the date and time of delivery to the delivery address, or upon pickup by you the Product from the relevant Hi-Tec Ink Store (if applicable).
Hi-Tec Ink shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of Hi-Tec Ink, and Hi-Tec Ink shall be entitled to a reasonable extension of time for the performance of such obligations.
Title in the Product passes to you when the Products have been delivered to or picked up by you (if applicable), AND payment for the Products has cleared.
Personal Properties Securities Act 1999 (PPSA)
Each Contract constitutes a security interest in the Products for the purposes of the PPSA as security for payment by you of all amounts due under the Contract, including any future amounts.
You agree to promptly execute and deliver to Hi-Tec Ink (or the individual Hi-Tec Ink Store) all assignments, transfers and other agreements and documents and do anything else which Hi-Tec Ink may deem appropriate to perfect Hi-Tec Ink’s (or the individual Hi-Tec Ink Store’s) security interest in any Products, or obtain the priority required by Hi-Tec Ink (or the individual Hi-Tec Ink Store) or register (and renew registration) a financing statement for a security interest in favour of Hi-Tec Ink (or the individual Hi-Tec Ink Store) in the Products.
To the extent that Part 9 of the PPSA applies, you agree that the provisions of sections 114(1)(a), 120(1), 122, 133 and 134 of the PPSA which are for your benefit, or place any obligations on Hi-Tec Ink (or the individual Hi-Tec Ink Store) in your favour, shall not apply; and where Hi-Tec Ink (or the individual Hi-Tec Ink Store) has rights in addition to those in Part 9 of the PPSA, those rights shall continue to apply.
To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, you hereby waive your rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA.
You hereby waive your right to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by Hi-Tec Ink (or the individual Hi-Tec Ink Store).
Product Descriptions and accuracy of Site
Hi-Tec Ink attempts to be as accurate as possible in its featured product descriptions, however Hi-Tec Ink does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Hi-Tec Ink will attempt to rectify any errors as swiftly as possible.
Hi-Tec Ink reserves the right to change specifications, colours and materials shown on the Site without prior notice.
Hi-Tec Ink team members spend an extensive period of time being trained in all our Products’ features and benefits, however reliance on the information contained or to be implied or inferred from the Site should be confirmed with the Product supplier. Hi-Tec Ink does not guarantee or warrant the accuracy of the specifications and/or descriptions provided.
The information on the Site is provided on the basis that everyone accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.
There may be links on the site which direct you to a third-party website owned and operated by another company other than Hi-Tec Ink. The terms and conditions of those sites are individual to the site that you are visiting and should be reviewed and agreed upon in accordance with their terms and conditions. The terms and conditions will specify who you will be entering into a contract with on that site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Hi-Tec Ink does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Intellectual Property and Copyright materials
Hi-Tec Ink and the Hi-Tec Ink Logo © are copyright and used under limited licences by each franchisee. Unless otherwise indicated, intellectual property in all information, data, images, logos and trademarks contained on the Site is owned by or licensed to us and all rights are reserved.
Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1994 or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.
You must not use any trademarks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.
You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.
We do not warrant that any data (including any file) obtained through the Site is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software.
We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the Site.
If you have any comments or questions regarding the Products and services featured on the Site please email email@example.com or contact your local Hitec Ink Store.