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Kapiti Audio Logo

Terms & Conditions (Rev 1.0)

1. Definitions

In these Terms of Sale, unless the context otherwise requires:

  1. Site means this website https://www.kapitiaudio.com.
  2. Price means the price payable for Products or Services as displayed on this Site, from time to time, including all taxes, shipping & handling charges, duty payments (if any) and other charges.
  3. Products means the products you may obtain through this Site from time to time.
  4. Services means the services you may obtain through this Site from time to time.

2. General

All Products and Services purchased from MJENZ Limited, trading as Kapiti Audio on this Site or direct by phone are subject to these Terms of Sale. By clicking to accept these Terms of Sale, upon purchasing Products or Services through this Site you agree to be bound by these Terms of Sale.

We may amend these Terms of Sale from time to time and if you continue to order Products and Services from us after these terms have been amended, you will be deemed to have agreed to the amended Terms of Sale.

3. Authority

You warrant that you have the appropriate authority and power to accept these Terms of Sale. If you are accessing or using this Site for or on behalf of an Organisation, you warrant that you have the appropriate authority and power on behalf of the Organisation to accept these Terms of Sale.

You represent and warrant that you are over 18 and have legal capacity to enter into contracts in New Zealand. You represent and warrant that the credit card or debit card you use to pay the Price for Products or Services is issued in your name or your Organisation's name and you, or you will ensure your Organisation, will pay the Price incurred in connection with purchasing the Products or Services.

You agree that you are able to and will or you will ensure that your Organisation is able to and will, meet your, or its, obligations in relation to these Terms of Sale promptly, diligently, professionally and in accordance with any relevant laws.

4. Purchase of Products and Services

All Products and Services offered for purchase on this Site are subject to availability. Kapiti Audio reserves the right to amend any Price at any time and from time to time (including, without limitation, if any Price is recorded incorrectly on this site). If we amend the Price of any Products or Services after you have placed an order for those Products or Services, you will be given an opportunity to decide not to proceed with the purchase in accordance with the procedure set out in the 'Orders' section below.

5. Orders

If you order Products or Services using the online order process available on our Site:

  • All details (including, without limitation, price and availability) relating to the Products and Services ordered as displayed on the Site are subject to confirmation by us, once we have received your order confirmation and successful payment of the Price. We will notify you as soon as possible by telephone or email if we accept your order or if any of the details on the order need to be amended.
  • Any order confirmation which you provide to us will be effective once we have confirmed our acceptance of your order confirmation and received successful payment of the Price or, if we notify you of any amendments, once you have indicated your acceptance (by email or by telephone of the amended terms as notified to you). If you do not accept our amended terms, we will provide you with a full refund within 7 days.
  • We will not be responsible for any damage, loss or expenses, including any loss of profits, loss of goodwill, loss of clientele, loss of business revenues, and any other special, indirect or consequential losses incurred by you in connection with your reliance on any order which has not been confirmed by us, except to the extent that such loss, damage or expense arises as a result of our negligence, wilful misconduct or failure to render services to you with due care and skill, or we otherwise cannot exclude our responsibility to you for such amounts at law.

Kapiti Audio will be under no obligation to accept any order from you and reserves its complete discretion to decline an order. If your credit card does not provide access to sufficient funds, but the order has been accepted, Kapiti Audio will be entitled to cancel the order.

Kapiti Audio will use its reasonable endeavours to supply the Products in accordance with your order. If for any reason Kapiti Audio is unable to fulfil your order after it is accepted Kapiti Audio will email you. If Kapiti Audio has received payment it will refund you.

6. Delivery, Risk and Title

Following Kapiti Audio's acceptance of an order Kapiti Audio will as soon as practicable dispatch your order for shipping. Any shipping speed indicated on the Site at the time of checkout is an estimate only and cannot be guaranteed by Kapiti Audio.

Kapiti Audio has the right to select the carrier. Shipping & handling will be made at your cost as specified at the checkout on this Site. From the time of delivery of the Products, title and risk to the Products will pass to you and you will bear the risk of any loss, damage or deterioration of or to the Products from that time.

7. Kapiti Audio Liability

Except for those warranties, representations or guarantees contained or referred to in the Consumer Guarantees Act 1993, or that may not otherwise be legally excluded, Kapiti Audio excludes all warranties, representations or guarantees (whether express, implied or statutory) in relation to the payment process and any Products or Services you purchase through this Site using the payment process, including, without limitation, any warranty of acceptable quality, merchantability or fitness for any particular purpose.

If any Products or Services supplied by Kapiti Audio to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent that it is otherwise allowed by law to do so, Kapiti Audio limits its liability to you for breach of any non-excludable statutory or implied condition, representation, warranty or guarantee to:

(a) If the breach relates to Products:

  1. The replacement or repair of the Products, or the supply of equivalent products; or
  2. The payment of the costs of replacing or repairing the Products, or acquiring equivalent products; and

(b) if the breach relates to Services, the supply of the Services again, or the payment of the cost of having the Services supplied again.

Kapiti Audio will not be liable for any damage, loss or expenses of any kind, including any loss of profits, loss of goodwill, loss of clientele, loss of business revenues, or any other special, indirect or consequential losses, suffered or incurred by you in connection with the payment process, except to the extent that such damage, loss or expense arises as a result of a breach by Kapiti Audio of your Consumer Rights or as a result of our negligence or wilful misconduct, or we cannot otherwise legally exclude our liability to you for such amounts.

Subject to the provisions of this clause and your Consumer Rights, if for any reason Kapiti Audio is held to be liable to you in relation to the payment process, the total extent of Kapiti Audio's liability will, to the fullest extent permitted by law, be limited to the Price you paid for the Product or Service in relation to which the loss, damage or expense (etc) arose.

The exclusions and limits set out in these Terms of Sale will also operate for the benefit of Kapiti Audio's relevant suppliers, licensors and agents which Kapiti Audio use to provide the payment process made available to you.

8. Your responsibilities to Kapiti Audio

You agree to reimburse to Kapiti Audio any costs (including all reasonable enforcement and any legal costs) incurred by Kapiti Audio as a result of:

  • a breach by you of any of your obligations under these Terms of Sale;
  • your negligent acts or omissions; and
  • any claim, suit or action brought against Kapiti Audio, Kapiti Audio's relevant licensors and agents, by a third party for any of the reasons above,

Except to the extent such costs are attributable to Kapiti Audio's own negligence or wilfulmisconduct.

9. Contracting Out

Fair Trading Act 1986 and Consumer Guarantees Act 1993

If you have purchased any Product in trade, you agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 and the provisions of the Consumer Guarantees Act 1993 do not apply in relation to the purchase or as between the parties, and it is fair and reasonable to exclude their application.

Sale of Goods Act 1908

The Sale of Goods Act 1908 is excluded to the extent permitted by law.

10. Intellectual Property

All content included on this site, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Kapiti Audio or its content suppliers and protected by New Zealand and international copyright laws.

11. Privacy Policy

Please see our privacy policy page for full details. The Privacy Policy forms part of the Terms of Use and these Terms of Sale. By clicking to accept these Terms of Sale, you agree to comply with the Privacy Policy.

12. Site Terms of Use

The Terms of Use govern general use of this Site. These Terms of Sale form part of the Terms of Use. You agree to comply with the Terms of Use, any other terms and conditions you agree to in connection with the payment process and these Terms of Sale.

13. Governing Law

These terms and conditions of sale are governed by the laws of New Zealand. Kapiti Audio and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.

PLEASE MAKE SURE THAT YOU HAVE READ AND UNDERSTOOD THE ABOVE TERMS OF SALE BEFORE YOU CLICK TO AGREE THEM AND PROCEED TO MAKE A PURCHASE FROM THIS SITE.