Terms and Conditions of Sale

 

 

1       Definition

1.1Catalogue- Means the catalogue of which these Sales Terms form part.

1.2Completion Date- This will be set at the time you agree to purchase a Product or Products from us and will be a date that corresponds with when your final payment has been received by us, providing all payments have been made on time.

1. Delivery Charge- means a separate charge for freight and handling.

2. Products - Means the products listed for sale in our mobile shops and  Catalogue.

1.5 Purchase Price- This is the total value including GST) of a Product or Products you have ordered and we have agreed to supply to you (as stated on the invoice we will issue to you), plus administrative fees (if any).

1. Sales Terms- Means these terms and conditions of sale

2. We, our and us–Lync nz co ltd t/a Lync Direct shop

  2      Information about You

2.1 The information we hold about you in our database must be accurate at all times. You must call our office to let us know of any changes

2.2 We will not be liable (legally or otherwise) for any communications, deliveries or other matters that have been addressed to you but which have not reached you because of changes to the information we hold about you which have not been communicated to us.

2.3 The information we hold about you may be kept for an indefinite period.

 

1. You have rights under the Privacy Act 1993 to access and ask for the correction of any personal information which we hold about you.

3Contract

3.1 These Sales Terms constitute the contract between us and you for the sale and purchase of Products through our mobile shops and/or catalogue. Your use of a product is also subject to any additional terms and conditions which apply specifically to that Product.

3.2 We shall sell and you shall purchase the products in accordance with these sales terms only, if you disagree with any of these sales terms you should not purchase products from our mobile shops and/or catalogue. By proceeding to purchase products you acknowledge that you are aware of, and agree to, these sales terms.

4Orders

4.1You must order the products in accordance with the instructions in our mobile shops and/or catalogue. Should we not accept your order then any money already paid for the order will be refunded to you in full.

4.2 We may revise and/or discontinue products at any time without notice. By placing an order with us, you should be aware that certain products may not be available from time to time or may have limited availability.

4.3 We will make best efforts to source products ordered however we will not be held liable for any products that are not available.

4.4The purchase price for the products will be the price quoted in our catalogue and confirmed by us at the time we accept your order.

5Delivery

5.1We will try to have the Products you have purchased delivered to your residential address within 10 working days of your payments being made or the date on which you pay the Purchase Price in full, whichever is the earlier. Any time stated for delivery is an estimate only. We will not be liable for any delay in delivery, and you will not be entitled to cancel any order based on a delay.

5.2 Delivery Fee 2% within Auckland and 4% out of Auckland, both charges exclude  furniture and whiteware

5.3 If a delivery is returned to us and we are unable to contact you because the information we hold about you in our database is out of date, or you are not available, we will hold the products you have purchased until we can make contact with you to confirm your current delivery address. If this is for a long period , we may at our discretion charge a storage fee.

5.4You must ensure someone is present to accept delivery of the Products during the delivery period or day.

5.5 Deliveries are usually made by a courier company.

5.6 We will not be liable for any products missing or damaged after they have been delivered to the address recorded on credit application agreement.

5.7To the extent permitted by law, you may not cancel the contract you have with us to purchase that Product.

6Payment terms in general

6.1 Direct debit/automatic payment is our method of payment, unless you are making a purchase for the full amount of the purchase price as below.

6.2 We will accept payment by cash only if you are making a single payment for the full amount of the purchase price.

6.3All payments in relation to Products are payable in New Zealand dollars.

7Fees

7.1We will not be liable for any bank fees including dishonour fees you have been charged by your bank.

7.2We reserve the right to charge you an administrative fee for

(a) dishonour fee of $15 for failed Direct Debit Payment/s;

(b) Cancellation fee of $20 for Cancelled Direct Debit    Payment/s

(c) Non Refundable Establishment fee at time of opening account $75.

 (d) Field visit fee of $50 for each time our debt collector visits you

(e) Cancellation fee of $20. At time of cancellation, if outside 5 working days

(f) Repossession fee of $250 should repossession of the goods be necessary

7.3 All accounts which have a outstanding balance on the first day of a calendar month will be charged a $10 monthly account fee, which will be deducted from any payments we receive from you.

         8       Cancellations

8.1 Pursuant to the Consumer Law Reform Bill now before Parliament, You may be enabled to cancel your initial purchase within 5 working days without penalty. Any cancelled order after 5 working days will incur a reasonable administrative fee if we are required to incur costs in recovery of products.

1. Product Guarantee

9.1We will honour all of our responsibilities under the Consumer Guarantees Act, the Fair Trading Act and all other relevant legislation that protects you as our customer.All other warranties and representations, whether express or implied, in relation to the products are excluded to the maximum extent permitted by law.

9.2If the exact model of a product you have ordered is no longer able to be provided by our suppliers, we may provide you with a replacement model with comparable or better features.

9.3 All other warranties and representations whether express or implied, in relation to the product/s  are excluded to the maximum  extent of the law.

1. General

10.1Under no circumstances shall we, our related companies, agents, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages, directly or indirectly resulting from or in relation to the Products or your use of them. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damage, To the extent that any applicable law does not allow the exclusion or limitation of incidental or consequential damages, our liability in such circumstances shall be limited to the extent permitted by suchlaw.

10.2You acknowledge that you are 18 years or over and have the full legal capacity to agree to enter these Sales Terms as a binding contract.

10.3These Sales Terms will be governed by and construed in accordance with the law of New Zealand and the parties unconditionally and irrevocably submit to the Exclusive jurisdiction of the New Zealand courts.

10.4If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy.

10.5If any provision of these Sales Terms is held by any competent authority to be invalid or unenforceable in whole or in part, validity of the other provisions of these Sales Terms and the remainder of the provisions in question shall not be affected.

10.6Title to the Products you have purchased will pass to you when they have been paid for in full.

1. Financial Service Provider

11.1     Lync Direct shop is a registered Financial Service provider FSP433386

1. Complaints Process12.1 If you want to make a complaint or have a problem understanding something we’ve done, please let us know, so we can address the problem.We’re here to make shopping simple, so if you think we’ve failed in any way, you can trust that all our people will be committed to resolving the issue.a)Your best first call is to talk to our friendly call centre on 0800 132 118 If you’re still not 100% satisfied, please contact our Customer Care and Complaints Team 

On: lyncdirect@gmail.com  They’ll take up your concerns.

c)If even this does not address your complaint fully, your next step is Financial Services Complaints Ltd (FSCL), the external dispute resolution scheme for our industry. This independent body is approved by the Ministry of Consumer Affairs. Complaints to FSCL need to meet certain criteria. Phone 0800-347-257

 

 

NOTICE TO CUSTOMER - RIGHT OF CANCELLATION

You have a short time legal right to cancel this agreement. You can do this by completing and giving to Lync Direct Shop, before the end of period 5 working days beginning on the day after the day on which you signed the agreement, the notice of cancellation handed to you on that day. you can give the notice by posting it in a prepaid letter, or by delivering it to the above named vendor. if you cancel this contract any money you have already paid must be refunded to you.

 

NOTICE OF CANCELLATION – POST TO  P O BOX 29014 GREENWOODS CORNER AUCKLAND

 

TO : LYNC DIRECT SHOP  30 NOEL BURNSIDE ROAD WIRI, AUCKLAND

 

I ___________________________________________________________(Customer Name) hereby cancel this agreement made by me on the _______day of_______________20__________ to purchase____________________________________________________(description of goods) and require you to repay any money paid by me under or with respect to the agreement. 

 

I agree to return you all goods to me by you pursuant to the agreement, in the same condition that they were purchased.

 

Signed: _________________________________________________    Date: _______/_______/20_______      Customer Address : _________________________________________________________________________________