This store (website) is operated by 73inc Limited (referred to as “73inc/we/our/us”). As user of our online store and/or listing (referred to as “you/your”) you acknowledge that any use of this online store including any transactions you make (“use/using”) is subject to our terms and conditions below.
– read through these terms and conditions carefully before purchasing.
– print a copy for future reference.
1.1 We reserve the right to change these terms and conditions at any time.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 When you use certain 73inc Limited services (including without limitation add-ons and upgrades), please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an acknowledgement email detailing the products you have ordered. Please note that this email is an acknowledgement of your order only, and does not constitute acceptance.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to “Returns”). For Click & Collect orders, completion of the contract between you and us will take place when the products ordered have been collected from the store.
2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us.
3.1 We make every effort to deliver goods within the estimated timescales, however, delays are occasionally inevitable due to unforeseen factors. 73inc shall be under no liability for any delay or failure to deliver the products within estimated timescales and will keep you informed should a delay occur.
3.2 Risk of loss and damage of products passes to you at the time when the products are delivered to you or are left with a person or place nominated by you.
4.1 We take payment at the time we receive your order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. The refund timeframe is dependent on the platform used and their refund process. 73inc cannot be held liable for the platform’s refund process and timeframes. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.nz. (73inc is not responsible for the content of external websites.)
4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
4.3 Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being despatched or in store prior to the collection of the goods). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.
4.4 Payment can be made through PayPal, bank transfer, over the phone using a credit card or in-store. We can accept cash on pick up. Credit card, PayWave and over the phone credit card use will incur a 3% merchant services surcharge.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. For Click & Collect orders, the title to products shall pass to you once the goods have been handed over to you in store.
4.6 All prices are shown in NZ dollars and include GST (where applicable) at the applicable current rates but, exclude delivery charges, unless expressly stated otherwise.
5. Returns, Cancellations and Substitutions
5.1 ONLY APPLICABLE FOR BRAND NEW ITEMS. Please note this return policy DOES NOT apply to ex display, used or refurbished items under any circumstances.
An unwanted brand new product can be returned for a full refund within 2 days of delivery or collection provided it is still in its original, unopened packaging. This returns policy for unopened goods is in addition to your statutory rights.
Separately to the 2 day policy above, and in accordance with your rights when you purchase goods online or over the phone, unwanted brand new items can be returned even if you have opened them for inspection as long as you let us know within 1 calendar day from the day after delivery or collection. Once you have told us you want to return an item, you should do so without undue delay and not later than 5 days from the day on which you informed us of your decision to cancel the order. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software. The goods must be returned in ‘as new’ condition and in their original packaging.
73inc will not cover the cost of returns. All returns are inspected on arrival, we ensure the product serial number matches the item dispatched and the condition is acceptable. This is verified on video to combat fraud.
We reserve the right to issue a partial refund for any items which are not returned in their original condition and/or are used and/or damaged. Full refunds will only be issued on genuine returns.
5.2 Returned Ex-Display / Used / Refurbished Goods for Refund (No fault or buyer’s remorse): Will be subject to a restocking fee of 20% of the purchase price and will only be accepted within 2 standard days of the purchase date. There are no exceptions to this condition.
73inc reserves the right to repair as the initial solution to any issues arising from mechanical failure, regardless of the timeframe in which the issue presents itself. In the event that a repair is not possible, replacement will be the secondary solution. In the event a near equivalent replacement is unavailable, a refund will be then be issued.
Fraudulent returns will be reported to the police.
Refunds will be issued within 5-7 working days of receipt.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, 73inc will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website 73inc will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and 73inc accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, 73inc will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
– economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
– loss of goodwill or reputation; or
– special or indirect losses
– suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions
7.5 Notwithstanding the above, subject to Section 7.1 73inc aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of NZ and any dispute between us will be resolved exclusively in the courts of NZ. English is the only language offered for the conclusion of the contract.
8.2 73inc shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.3 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
i. the privacy practices of such websites,
ii. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
iii. the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by 73inc.
8.5 73inc reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.7 No delay or failure by 73inc to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of 73inc.
8.8 Due to the value of our items, devices that are worth over NZ $500 are dispatched from and sold by 73inc are automatically shipped using “signature required” upon delivery.
8.9 All software is provided as is, we cannot be responsible for your use of supplied software. You must take a backup of the system as it arrives to ensure you can restore to the state system is dispatched to you. Failure to do this may result in a charge for us to redeploy the software again on your behalf if required. Software is provided with no warranty or guarantee and subject to no promised free upgrades or updates.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and 73inc relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and 73inc for your use of this website.
Registered in New Zealand with Company Number: 5983527
GST Number: 119-662-672
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the 73inc Online Store, please see the contact section for more information and full contact details.