1. PRICE and PAYMENT
All prices of products on this website are in New Zealand dollars and are inclusive of GST and other sale taxes. Please note that we reserve the right to alter the prices at any time for any reason.
All payments must be made by you in full.
To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or account is fraudulently used or is used in an unauthorised manner.
If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
The terms of this clause apply where you select to have your goods delivered to a specified address.
The delivery address must be an address within New Zealand and cannot be a PO Box or a freight forwarding location.
On receipt of your order, your order will be dispatched to you to your specified delivery address generally within five (5) business days of the date you placed your order.
We will use our best endeavors to deliver your order within any stated timeframes for dispatch; however, we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
3. EV POWER / OEM AUDIO LTD RETURNS POLICY
This Returns Policy is applicable to purchases made online from www.evpower.co.nz owned by OEM Audio Ltd Online only.
Change of Mind
Please choose carefully as we do not have to provide a refund if you have changed your mind about a particular purchase.
Under the Consumer Guarantees Act 1993 (‘CGA’), you have guaranteed legal rights for goods [and services] you buy.
These are called ‘consumer guarantees’, and include the following:
- a guarantee that the goods are of acceptable quality, such that the goods are:
- fit for all the purposes for which goods of that type are commonly supplied;
- free from minor defects;
- durable; and
- acceptable in appearance and finish;
- a guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit;
- a guarantee that the goods correspond with any description with which the goods are supplied; and
- a guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.
If the goods (or services) we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.
These guarantees are in addition to any warranty offered by a manufacturer, and you may have rights against the manufacturer directly.
The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods, and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.
If you are acquiring goods (or services) from OEM Audio Ltd via EV Power Online for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods (or services).
FAILURES (MINOR AND MAJOR)
If the goods (or services) we supply do not comply with a consumer guarantee but can be remedied within a reasonable time, we will either repair the goods or replace the goods with goods of identical type. If we cannot repair or replace the goods within a reasonable time, we will provide you with a refund of the purchase price.
A ‘major failure’ is where the failure in the goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a ‘failure of substantial character’ as set out by section 21 of the CGA.
If a failure amounts to a major failure, you are entitled to return the goods and choose to have a replacement of the returned goods or a refund. Alternatively, you may elect to retain the goods and obtain compensation for the reduction in value of the goods.
Where you choose a replacement, we will where available, provide goods of the same type and similar value to the returned goods.
EV Power products that have not been used as per the Owners User Manual will void the warranty.
EV POWER GOODS DAMAGED IN TRANSIT
If any goods arrive damaged, please contact OEM Audio Ltd within 24 hours of delivery. We will arrange to have the damaged item returned to us and either repair or replace the goods or refund the price to you, at its election. Damaged goods must be returned to OEM Audio Ltd in the condition received by you with all original packaging, together with all packing slips.
4. MORE INFORMATION (PAYMENT, CONTACT, DELIVERY CHARGES, REFUNDS)
Where you have an issue relating to your order from EV Power online, please immediately contact OEM Audio Ltd. Please have your order number with you.
DELIVERY RETURN CHARGES
If you cannot come into OEM Audio Ltd, you have the option to ship the item/s back to us. Please contact OEM Audio Ltd to find out if you can ship your items.
Any shipping costs to return the original EV Power goods to OEM Audio Ltd will be at the cost of OEM Audio Ltd, where OEM Audio Ltd considers the goods to have breached a consumer guarantee. If on examination of goods returned to OEM Audio Ltd, the goods are found to not be in breach of any consumer guarantee, OEM Audio Ltd may charge you a fee for examining the goods, and any cost to return the goods to you.
Please note that goods must be returned within a reasonable period and you may be asked to demonstrate that you have purchased the goods from OEM Audio Ltd and that the problem with the goods was not your fault.
Refunds will be issued at the discretion of OEM Audio Ltd.
Refunds will normally be processed within seven (7) days.
This returns policy is not intended to exclude or limit any rights which you may have as a consumer under the Consumer Guarantees Act 1993, and may not necessarily describe all right you may have.