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FirstIn Online Limited shopping sites, are shopping Websites where you can browse, select and order products from Firstin Online Limited. Your access to and use of the Websites, including your order of Products through the Websites, are governed by these terms and conditions. They are intended to ensure that First In remains a safe, fair and efficient online sales site. Expressions used in these terms and conditions are defined at the end of these terms and conditions.
Please ensure you have read and understood our returns policy (section 11) before purchasing!
Acceptance of Terms and Conditions: By searching on the Website and purchasing products over the Website you accept, and agree to be bound by, these terms and conditions.
Amendment of Terms and Conditions: FirstIn may amend these terms and conditions at any time by posting amended or replacement terms and conditions on the Website. Amendments will take effect immediately on posting on the Website and it is your responsibility to ensure that you are familiar with the content of the latest version of the terms and conditions at all times. By continuing to use the Website you agree to be bound by any amendments to the terms and conditions made since your last use.
USING THE FIRSTIN WEBSITES:
Age and Residency: To use the Website to purchase Products you must be:
(a) 18 years or over; and
(b) located in New Zealand
Provision of Information: When you use the Website to purchase any Products you will be required to provide certain information. You agree and warrant that:
(a) You will not use any false identities or personas and must provide us with your full legal name and current details;
(b) All information provided by you will be true and correct in all respects at the time it is given;
(c) You are responsible for ensuring that all information which is necessary to process any uncompleted sale transaction is kept up to date at all times, and will provide details of any changes to FirstIn.
Continued use of Website: Your use of the Website is subject to ongoing vetting and authorisation by First In, and we reserve the right to suspend your use of the Website or ban you from using the Website at any time for any reason. Without limiting the circumstances in which we may take such action, we may do so if you commit any breach of these terms and conditions, if you are bankrupt or insolvent, if you commit any crime in the course of using the Website or if we receive any complaints about your use of the Website.
Security: You will have sole responsibility for keeping your login information (including your user name, email address and password) confidential and secure and you agree:
(a) not to permit any other person to use your user name; and
(b) not to disclose, or provide to any other person, your user name, email address or password.
GENERAL RULES FOR USE OF WEBSITES
Use: You must use the Websites for the purpose of searching for potential Product purchases and to execute purchases of Products in accordance with the Website's processes and instructions only.
Good faith: You must act in good faith toward FirstIn in using the Websites.
Communications: You must:
(a) Communicate with FirstIn for bona fide purposes only (for example, in relation to searching for or enquiring about Products, or enquiring about use of the Websites);
(b) Not engage in any offensive communications over the Websites;
(c) Not use the Websites for communicating with Suppliers with a view to engaging in purchase activities with Suppliers otherwise than through the Websites.
Personal/Business: The Websites may be used for personal or business use.
Comply with Instructions and Processes: You must comply with any directions given to you by FirstIn regarding your use of the Website and otherwise comply with the processes and procedures contained in the Websites.
No damage/interference: You must not attempt to damage, interfere with or harm the Websites or any network or system underlying or connected to it, including by using a robot, spider, software or other automated means of access to the Websites or information featured on it, for any purpose.
FIRSTIN WEBSITE POLICIES
We may from time to time develop (and alter) policies relating to the use of the Websites which are separate from these terms and conditions and which have general application to all users of the Websites, and you must comply with all such policies as and when they are posted on the Websites.
Orders placed by you are offers to purchase particular Products under the terms and conditions in this agreement at the price specified (including delivery and other charges).
We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
Your satisfaction is our number one priority however, please choose carefully as we do not exchange or refund simply because you changed your mind or the product was not what you expected. If however, your order is faulty we will repair or replace it for you (if it cannot be repaired or replaced a refund will be provided). Please see section 11 for more information on our returns policy.
Manufacturer Recertified Products: These will be offered on the Website from time to time. Manufacturer Recertified units are products that have been reconditioned and refurbished directly by the product manufacturer or third party.
These are carefully inspected at the manufacturer and are re-packaged once they have passed a full inspection All units are then subsequently inspected by FirstIn to ensure they meet our high quality standards.
Prices are current at time of display but are subject to change.
The prices of products, delivery and other charges shown are in New Zealand dollars and include GST where applicable.
FirstIn operates a credit card payment facility to enable you to make payment for all sales of Products. Your credit card details will be captured and processed by Direct Payment Solutions Limited, external third party providers. We do not store your credit card or banking details. Please check http://www.paymentexpress.com/about/about_paymentexpress/privacy_policy.html for details of their privacy policies and security measures.
Payment for all sale transactions must be made by credit card. No other payment method may be used unless authorised by FirstIn.
All payments must be received in full prior to dispatch.
If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
SHIPPING / DELIVERY
Currently all New Zealand orders except from some bulky items are shipped through Courier Post.
Shipping costs are displayed with each individual product at the time of sale on the Websites.
Subject to this agreement, we will supply to you the products shown on your order confirmation, once we have verified that payment has been made in full.
We endeavor to have your order to you within 10 working days. However, there may be times where this is extended. You will receive tracking info as your order is dispatched & you are welcome to contact us should you require your order urgently.
You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. In the case that the shipping for your order has been delayed, we will notify you by email.
All items shipped by FirstIn require a signature upon receipt. In the event that nobody is available to sign for a parcel, a card to call will be left. FirstIn accepts no liability for arrangements made otherwise between the receiver and the courier company which result in any loss or damaged of goods.
We do not allow personal pick ups except as authorised by a FirstIn representative.
OWNERSHIP & RISK
We retain ownership of goods until payment is received in full.
Risk in goods, such as loss or damage, passes to you upon delivery.
OUT OF STOCK & BACK ORDERS
While we will do everything we can to make sure our stock levels are accurate at all time there may be occasions due to unforeseen circumstances where we are unable to fulfil your order or source a replacement product. If this should occur we will contact you and offer either a replacement to the value of your purchase or a full refund.
We do not offer a backorder or â€œrain checkâ€ facility however on occasion and with consent from First In, back orders may be offered where available.
RETURNS POLICY / REFUNDS
The Consumer Guarantees Act 1993sets out minimum standards for goods sold by First In Ltd. In the event that goods sold are not of good quality or are faulty:
(a) We will refund, repair or replace if the product you receive - doesn't match the sample or description, doesn't do what it is supposed to do or is not of merchantable quality e.g. defective or dead-on-arrival (DOA).
(b) Where a refund, repair or replacement is approved under the terms of this guarantee, we will pay for, or reimburse you for, any shipping costs to return the product to you.
If the goods are not covered under the Consumer Guarantees Act, FirstIn reserves the right to charge a restocking fee of either $10 or 10% of the purchase value (whichever is greater) if it decides to take back the goods. This is discretionary and there is no guarantee that goods will be accepted.
As a result of copyright laws a refund or exchange is only available for the following products if the product is defective: - Blu-Ray Discs - DVDs - Software CDs
Replacement product has the same guarantee as the original. You must retain your proof of purchase for any manufacturer warranty claims.
We reserve the right to charge you, at our current hourly rate, for the cost of examining the good if our examination reveals that there has not been a breach of statutory conditions or warranties i.e. the good is not DOA, not defective or faulty, or if it does match the sample or description.
Refunds will be issued to your credit card or bank account at our discretion.
IN ORDER TO OBTAIN REMEDIES FOR FAULTY GOODS:
(a) You must notify us within a reasonable time after you become aware that you wish to make a claim for a breach of condition or guarantee; generally within 14 days after you have received the product. Please contact our customer service team who will provide you with a Return/Refund Authorisation Form and advise you of the best way to return any products. Please note we may not accept products without a Return Authorisation Form or provide refunds without a Refund Authorisation Form.
(b) In some circumstances, we may refund, replace or repair goods that you find have a defect or fault when you have owned or used it for some time but displays a manufacturing defect or fault within a reasonable time during which it should not have developed that defect or fault. Please contact our customer service team who will provide you with a Return Authorisation Form and advise you of the best way to return any products.
(c) A "reasonable time" is the amount of time that is reasonable to expect, given the cost and type of good, its likely use, its expected life and the amount of use that is reasonable to expect it to have had.
(d) Incorrect or defective goods must be returned to us in the condition received with all original packaging.
(e) Replacement or refunding of a Product as well as reimbursement of freight costs will not be made until the original good is received by us along with a Return/Refund Authorisation Form and your claim verified.
(f) We aim to process refunds and replacements within 28 days of receipt by us of the original product and Return/Refund Authorisation Form.
(g) We do not refund, repair or replace where in our reasonable opinion the good is damaged after delivery for reasons not related to their state or condition at the time of supply. For example, due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
(h) All items returned to FirstIn via Courier are at Your own risk unless shipping has been organised by FirstIn.
(i) Where FirstIn has not organised shipping, we are not liable should the items become damaged or lost in transit.
(j) Goods shipped by FirstIn that have become damaged in transit must be reported to us within 24 hours of receipt so that we may make a claim under transit insurance.
CHANGE OF MIND / STORE CREDITS
Your satisfaction is our number one priority however, please choose carefully as we do not provide store credits, exchange Products or provide refunds simply because you changed your mind or the product was not what you expected.
We make every effort to make sure our product descriptions are as detailed as possible. Please choose carefully as we are unable to exchange product once you've received your order unless we have made a genuine mistake in our description (and yes, we are human) or where your request to exchange is covered by the Consumers Guarantees Act or Fair Trading Act.
If you think you have a case for a genuine exchange request then please contact our customer service team first before sending your order back to us. Our customer service team will provide you with an Exchange Authorisation Form and advise you of the best way to return your order. If you do not return your order with the Exchange Authorisation Form provided it may get declined and returned to you. In all cases proof of purchase is required in order to get an exchange.
Please note products returned to us for an exchange must be in a resalable condition with packaging intact and all labels etc returned with the item, also, due to copyright issues exchanges are not available on CD's, Blu-Ray's or DVDâ€™s, except where the product is deemed faulty.
FirstIn Online Limited's warranty policy covers our products for the specified period from the purchase date. Warranty claims cover any fault, defect or failure occurring as a result of the manufacturing process. Damage or faults occurring as a result of misuse, accident, or wear and tear is not covered by our warranty policy.
If you feel that your purchase has a fault that is covered under warranty please contact our customer service team who will issue you with a Returns Authorisation Form and advise the best way to return your product.
Your Product will in the first instance be repaired, if it cannot be repaired you will receive a replacement and if it cannot be repaired or replaced we will provide a full refund.
If you return your product within 14 days of the sale date we will cover return postage cost, however if you are outside of this time frame return postage charges are at your own cost.
Where First In has not covered the cost of freight for an item You are returning to Us, First In has no liability should the item become damaged or lost in transit.
QUERIES ABOUT PRODUCTS AND PRODUCT SUPPORT
Question Facility: Any issues or questions can be put forward to First In via the customer service phone line or customised helpdesk which is manned from 10am to 4:30pm on weekdays. A response will generally be provided within 24 hours on weekdays, unless otherwise stated by FirstIn.
Supplier responsibility: In certain instances the Suppliers have sole responsibility relating to Product liability, including responsibility to deal with any Product claims, refunds or returns you may wish to make and any other issues involving Products sold to you over the Websites. First In will however, use its best endeavours to make sure that the Supplier follows through on its product liability responsibility.
Complaints: Complaints or claims concerning Products purchased over the Websites or a Suppliers conduct in relation to a sale transaction completed over the Websites must be addressed to FirstIn and Supplier concerned.
Privacy: FirstIn collects and retains personal information about you as a result of you using the Website and participating in sale transactions. The personal information is used for the following purposes:
(a) To operate and administer the Website and give effect to all transactions and matters arising from your use of the websites;
(b) To facilitate the delivery of goods ordered with logistics providers;
(c) To enable Suppliers to respond to queries from you about Products, or to form and complete sale transactions with you when a product is shipped directly by the supplier.
(d) To improve the Websites;
(e) To communicate with you for any purpose relating to your use of the Websites and in connection with these terms and conditions;
(f) To enforce its rights under these terms and conditions..
Privacy Act: Personal information collected from or about you for the above purposes will be retained by FirstIn in its database on its secure server located at Orcon Head Office, Building B, 28 The Warehouse Way, Akoranga Business Park, Northcote, North Shore City. Only FirstIn staff have access to this database.
You have the right to access any personal information and to correct or delete any personal information from the database. You can do this by sending an email request to firstname.lastname@example.org.
Ownership of Information and Data: Subject to the preceding paragraph, all information and data collected by us in the course of operating the Websites (including all information relating to users of the Website, transactions on the Websites and Website statistics) will be owned by us to the extend such information is capable of being owned and is not owned by another party at the time of collection or generation by us.
Authorisation: You authorise us to provide personal information collected from you to Suppliers and Freight Companies for the purposes referred to in this clause 16b and 16c above.
All intellectual property rights in the Websites (including copyright in all text, graphics, logos, software and icons) are owned by or licensed to us, and you agree that you may not copy, adapt, store, distribute or reproduce any part of the site without our prior written approval.
TRANSFER OF ASSIGNMENT
In the event that we merge, sell or otherwise change control of our business or this websites to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
DISCLAIMER / LIMITATION OF LIABILITY
Computer hardware - consequential loss: You understand and acknowledge that:
(a) Storage media (such as hard drives) can fail without warning and if this occurs, programs, data or other information ("software") stored on the media may be at risk of corruption or irrecoverably lost;
(b) If you purchase storage media from us, whether separately or as a part of a larger electronic or computing product, it is your responsibility to guard against loss or damage to software stored on the media and to implement strategies for the safe keeping of software;
(c) We recommend that you regularly backup software stored on the media;
(d) In the event that storage media purchased from us becomes faulty, fails or otherwise detrimentally affects software stored on it, we will not be liable for any loss or damage, howsoever arising;
(e) If you return media, whether separately or as a part of a larger electronic or computing product to us for any reason, including replacement or repair, we will not be responsible for any data stored on the media;
(f) we make no representation that we will be able to repair any product or make a product exchange without risk to or loss of software.
Links to third party websites: The Websites may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
Site Accessibility and System Integrity:
(a) We will use all reasonable efforts to ensure the general availability of the Website and to prevent the corruption or loss of data of held by us and the transmission of viruses. However, we take no responsibility for and have no liability for any unavailability of the Website, corruption or loss of data or transmission of viruses or losses relating to these events. In particular, we take no responsibility or liability for any events which are outside our reasonable control including communications and hardware failures relating to the Website.
(b) The Websites are controlled and operated from within New Zealand and we make no representation or warranty that the Websites or their content are appropriate, available or lawful for use in other countries. If you access the Website from outside New Zealand, you are responsible for ensuring your own compliance with local laws.
Liability: Without limiting any other provision of these terms and conditions (but subject to the final paragraph of clause, 19b below) you agree that any and all liability and responsibility of FirstIn to you (whether such liability arises in contract, tort, equity or otherwise) as a result of or arising from your use of the Website or our services or for any other matter relating in any way to the Website or its content, is excluded to the maximum extent permitted by law. First In liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect including, without limitation, loss or profits, loss of data, loss of business and consequential and indirect loss.
Indemnity: You hereby indemnify us from and against all losses, damage, costs and expenses suffered or incurred by us arising from your use of the Websites including from any misleading, deceptive or inaccurate information provided by you to us.
Force Major: We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
Consumer Guarantees Act:
(a) If you are using the Website for business purposes, you agree, for the purposes of the Consumer Guarantees Act 1993 (Act), that you are doing so and that that Act will not apply to you.
(b) Subject to preceding paragraph, nothing in these terms and conditions limits or affects any rights you may have under the Act in respect of use of Website and your dealings with FirstIn.
Entire Agreement: These terms and conditions contain all of the terms, representations and warranties made between us covering the subject matter of these terms and conditions.
Amendments: Except as otherwise expressly provided in these terms and conditions, no amendment of these terms and conditions will be effective unless it is in writing and signed by both of us.
Waiver: No waiver by of us of any breach of these terms and conditions will be considered as a waiver of any subsequent breach of the same or any other provision, and no waiver will be binding on us unless it is given in writing.
Assignment: We may assign the benefit of these terms and conditions to any party without obtaining your consent.
Governing Law: These terms and conditions will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and we each submit to the non-exclusive jurisdiction of the New Zealand courts.
DEFINITIONS USED IN THESE TERMS AND CONDITIONS
(a) 'Product' or 'Products' means products listed and advertised for sale on the Websites by FirstIn.
(b) 'Supplier' or 'Suppliers' means a person or company who supplies First with any products for sale on the Website.
(c) 'Courier', 'Freight Company' or 'Freight Companies' means a person or company who facilitate the delivery of Products to You.
(d) 'FirstIn' or 'First In Electronics' means Firstin Online Limited, at Dunedin, New Zealand.
(e) 'you', 'your' means any person who uses the Website to search for and/or purchase Products.
(g) 'we', 'us', 'our' means FirstIn, at Dunedin, New Zealand.
(f) 'Websites' means First In website at www.firstin.co.nz, and, where the context permits or requires, includes all services provided by FirstIn via the website, or in connection with the website.