Terms & Conditions
General Terms and Conditions
These terms and conditions apply to the use of this website and the ordering, purchase, fulfillment and delivery of Products from www.digitalcare.co.nz
Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.
These Terms and Conditions constitute a contract between the customer (you) and Care Mobile NZ Limited.
Care Mobile NZ Limited agrees to provide you with Products and/or Services on the terms and conditions set out below.
In this Agreement:
“Assessment Fee” means the fee payable by you, as advised by us from time to time, for the inspection of the Device for Repair where you do not accept the Quote or instruct us to provide Services to you (and includes shipping costs).
“Customer", “you” and “your” means the person, firm, company or entity purchasing Products and/or Services from us.
“Device for Repair” means a device that is damaged or defective which you require us to repair.
“Digital Care”, “we", "our" and "us" means Care Mobile NZ Limited.
“GST” means goods and service tax as defined in the Goods and Services Tax Act 1985 and any amendment or replacement thereof.
“Order” means in relation to:
Products, any order for the supply by us to you of Products made upon payment of the Price; and/or
Services, any order for repair of a Device for Repair made upon payment of the Price.
“Price” means the price for the supply of Products and/or provision of Services, pursuant to an Order.
“Product” means any product or part sold by us to you pursuant to an Order (including, without limitation, as part of the provision of Services).
“Quote” means a quote for the provision of Services.
“Refund Period” means the period within which you can return a Product for a refund being 14 days from the time you receive the Product.
"Services" means all services to assess a Device for Repair and/or repair a defect in materials or workmanship of a Device for Repair, provided by us to you pursuant to an Order excluding repairs for failure of or incompatibilities with any software or data residing or recorded on the Device for Repair.
“Shipping Address” means the address you specified in the “request a quote” form for delivering a Product or a repaired Device for Repair.
“Validity Period” means the period during which you can accept a Quote being 10 days from the date of the Quote.
“Working Day” means any day of the week other than a Saturday, Sunday or a public holiday (as defined in the Holidays Act 2003) in New Zealand.
If you are under the age of eighteen (18) years you cannot place Orders with CARE MOBILE NZ LIMITED. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
Construction of the Contract
Application of terms: These terms and conditions:
Apply to any and all:
Quotes given by or on our behalf;
Any Order or any other dealings with us;
Products and/or Services provided by us;
Replace any previous versions of terms or agreements issued by us, in their entirety;
Continue to apply as between us and you where you instructs us to provide you with Products and/or Services and no new agreement is entered into between us and you; and
Apply to the exclusion of all and any terms put by or on your behalf to us as part of any Order or Quote.
Terms prevail: To the extent that any Order submitted by you attempts to include terms that are inconsistent with these terms and conditions, those terms will not apply and these terms and conditions will prevail.
Any additional or different terms, included in any document submitted by you will be of no effect unless expressly agreed to in writing by us.
Acceptance of terms: Your acceptance of any Quote or Products and/or Services supplied by us, indicates acceptance of these terms and conditions.
Quote for Services
Request for quote: To request a Quote for Services, you must:
Provide a full and accurate description of the issue that is affecting the Device for Repair;
Deliver, at your cost, the Device for Repair to Digital Care, Kiosk 60, Hunters Plaza, 217 Great South Road, Papatoetoe, Auckland, New Zealand.
Status of quote: We will, at our discretion, assess the Device for Repair for any defects (in consideration for the payment of the Assessment Fee where you do not instruct us to provide you with Services). We are not bound to supply you a Quote, Services or the Services at the quoted Price. If we refuse to provide you a Quote, Services or Services at the quoted Price, we will return the Device for Repair to the Shipping Address, at our cost.
No liability: We are not liable to you for any costs, losses, damages and expenses whatsoever you may suffer or incur arising out of or in connection with, directly or indirectly, any errors or omissions in a Quote we prepare in reliance on information you provide us.
Validity of quotes: Quotes are valid for 10 days from the date of the Quote.
Acceptance of quote: To accept a Quote you must pay the Price within the Validity Period in accordance with the payment provisions set out in clause 6.
Non-acceptance of quote: If you do not accept a Quote and do not wish to instruct us to provide you with Services, you must advise us in writing and pay the Assessment Fee. The Assessment Fee is payable within seven days of the date of a Quote. Upon receipt of your payment of the Assessment Fee, we will return the Device for Repair to the Shipping Address.
Abandonment of device: If, within the Validity Period, you:
Do not communicate your acceptance or rejection of a Quote;
Do wish to instruct us to provide Services but do not pay the Price; or
Reject a Quote but you do not pay the Assessment Fee,
You will be deemed to have abandoned the Device for Repair and you authorize us to sell the Device for Repair. If we deem that you have abandoned a Device for Repair, we may sell the Device for Repair in accordance with any applicable provisions of law, and, specifically may sell the Device for Repair by auction to recover the Assessment Fee and any shipping costs. We will send you written notice to the Shipping Address that we consider you have abandoned the Device for Repair, seven days before selling the Device for Repair. We will not be liable to you for any costs, losses, damages and expenses you may suffer or incur arising out of or in connection with, directly or indirectly, the sale of a Device for Repair.
Acceptance of order: We are not obliged to accept any Order for Products and we will not be bound by or be deemed to have accepted any Order if we process your payment, unless we expressly confirm our acceptance of the order in writing.
Cancellation of order for products: If we confirm our acceptance of an Order but we cannot supply the ordered Product, either at all or in the quantities ordered, we will contact you to inform you of the same. If you do not wish to order alternative Products, we will cancel your Order and we will refund to you the Price. You cannot cancel an Order for Products unless we agree subject to you indemnifying us against all actual, prospective, consequential, direct and indirect costs, losses, damages and expenses arising out of or in connection with the Order or the cancellation of the Order.
Care Mobile NZ Limited does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with Internet connections.
Care Mobile NZ Limited shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Care Mobile NZ Limited (or its affiliates), and Care Mobile NZ Limited shall be entitled to a reasonable extension of time for the performance of such obligations.
Under no circumstance will Care Mobile NZ Limited reimburse shipping fees for instances when the customer input the wrong address on their order.
To change the address on an order, you must email us or call customer support at 09-2774817 before the package has left our dispatch department. We are not liable for addresses changed after the package has left our dispatch department.
Price: Unless otherwise stated, the Price for a Product and/or Service is exclusive and net of any taxes and duties (including, without limitation, any taxes and duties payable in the jurisdiction in which you reside for tax purposes) and goods and services tax or value added tax (if any) and any additional charges (such as shipping costs). You are responsible for payment of all such taxes, duties, goods and services tax or value added tax and any additional charges, in addition to the Price. For the avoidance of doubt, if you are a New Zealand resident purchasing a Product or Service in New Zealand, the amount payable by you will be the Price, any additional charges (including, without limitation, shipping costs), any GST and other taxes and duties (if any).
Variation of Price: We reserve the right to change the Price for a Product displayed on our website at any time and particularly to correct pricing errors that appear on our website. Any change to the Price for a Product will be effective from the date the change is published on our website. We reserve the right to change the Price for Services after we provide you with a Quote but before you accept the Quote, if additional labour or parts are required that were not specified in the original Quote. We will obtain your agreement to the new Price before undertaking any Services.
You must pay for all Products and/or Services at the time of making your Order. We will not process your Order until we have received your payment in full. You can pay for an Order by credit card or electronic funds transfer.
Place of delivery: We will deliver the Products you Order and any Device for Repair that we repair, to the Shipping Address. If you will not be present at the Shipping Address to accept delivery, we recommend you consider having the Product or Device for Repair delivered to an alternative address where you will be available to sign for the delivery of the Product or Device for Repair, or agree for delivery to be made without anyone being required to be at the Shipping Address to acknowledge receipt of delivery. Once your Order has been prepared for delivery or the Product or Device for Repair has been delivered, we are unable to change the Shipping Address. If a Product or Device for Repair is returned to us as undeliverable, we will contact you to make arrangements for reshipment.
Delivery of products: For delivery within New Zealand, Products will be delivered within three Working Days of receipt of your payment.
Delivery of repaired devices: For delivery within New Zealand, a Device for Repair will be delivered within three Working Days of completion of repairs.
Deemed delivery: A Product or a Device for Repair will be deemed to be delivered from the time we give possession of the Product or a Device for Repair to a carrier for delivery, whether arranged by us or you.
Cost of delivery: You must pay for the cost of delivery of the Product or the Device for Repair.
Delay in delivery: We will not be liable to you for any costs, losses, damages and expenses you may suffer or incur arising out of or in connection with, directly or indirectly, any delay in the delivery of a Product or Device for Repair.
Care Mobile Limited is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer's responsibility to liaise with the courier nominated by Care Mobile NZ Limited (as notified to the Customer) in relation to date and time of delivery. Care Mobile NZ Limited shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
The customer must inspect the goods immediately upon receipt, and in all cases must inform the company of any damage, shortages or non-delivery of the goods, in writing, within 3 (Three) days of delivery.
Title and Risk
Title and risk: Title and risk of loss to a Product will pass to you on delivery. Risk in a Device for Repair will remain with you at all times. For the avoidance of doubt, we will not be liable to you for any costs, losses, damages and expenses you may suffer or incur arising out of or in connection with, directly or indirectly, the Device for Repair being in our possession or control.
Insurance: We will forward the Product or Device for Repair with a carrier uninsured unless you instruct us otherwise. You are responsible for insurance for full replacement value of:
a Product, from the time of delivery; or
a Device for Repair, at all times.