1.1 Access to the secure areas of the website (shop.titanit.co.nz) (the "Website") is restricted to persons who are authorised customers of Titan IT Limited ("Titan IT"). Access by unauthorised persons is strictly prohibited.
1.2 By accessing, browsing and/or using this Website, each Customer is expressly agreeing to abide by the terms and conditions referred to in this document ("Terms of Use").
1.3 Each Customer should read the Terms of Use prior to using this Website.
1.4 Although Titan IT may notify Customers of a change in the Terms of Use it is under no obligation to provide such notice and reserves the right to amend the Terms of Use at any time without notice.
1.5 It is the Customer's responsibility to read and be familiar with these Website Terms of Use.
2.1 This Website is provided for the purposes of allowing the Customer to do the following with an industry standard browser:
(a) access as presented on this Website information about Titan IT, the terms of the relationship between Titan IT and the Customer, and the goods and/or services presented on this Website; and
(b) communicate to Titan IT the Customer's desire to purchase goods and/or services presented on this Website.
3.1 Upon registration and the opening of an account with Titan IT, Titan IT will authorise the Customer to become a Registered User. Customers will be notified once their Titan IT account has become fully activated.
3.2 Registered Users will have access to secure areas of the Websites and may place orders with Titan IT for goods and/or services presented on this Website.
3.3 Notwithstanding anything in the Terms of Use or any other agreement between the Customer and Titan IT, all orders are subject to the acceptance of Titan IT and no order will be deemed to be accepted by Titan IT until such acceptance is communicated to the Customer.
3.4 In addition to any other information Titan IT thinks relevant, in deciding whether to accept an order placed by the Customer, Titan IT may have regard to:
(a) the Customer's account with Titan IT;
(b) the Customer's credit status; and
(c) any previous dealings between Titan IT and the Customer.
3.5 The Customer is prohibited from making use of automated systems (bots) to access the Website posing as Users (a practice known as 'site scraping').
4.1 The Customer must:
(a) use this Website in accordance with the Terms of Use;
(b) if under the age of 18, obtain a parent or guardian's consent prior to using this Website.
4.2 The Customer is responsible for maintenance and supply of all their own hardware and software used to access the Website and the Internet.
4.3 The Customer must not:
(a) use this Website to post or transmit any information or materials in breach of any laws or regulations;
(b) use the Website to infringe another parties copyright;
(c) use the Website to infringe a third party's privacy;
(d) use the Website to defame, harasses, threaten, menace or offend another person;
(e) post illegal, obscene, indecent, inflammatory or pornographic material or other material that could give rise to civil or criminal proceedings;
(f) use the Website to send unsolicited, commercial or bulk email;
(g) tamper with the settings of the Website;
(h) use the Website to do anything that constitutes an offence under any law or regulation;
(i) aid or assist any person to do any of the above acts.
5 Security
5.1 It is the Customer's responsibility to ensure that all details including all telephone, email and address details are correct and current.
5.2 The Customer must maintain confidentiality on all matters communicated to them by Titan IT.
5.3 The Customer must comply and obey all instructions and directions issued to it by Titan IT regarding the use of the Website or membership details.
5.4 The Customer must not send or disclose its membership details to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it unless the details are disclosed to an authorised agent or employee ("Authorised Person") of the Customer and that Authorised person agrees to be bound by the Terms of Use.
5.5 The Customer must immediately notify Titan IT in writing if they become aware that the confidentiality of the membership details has been compromised or there has been an unauthorised use of the Customer's Titan IT account. Notice given to Titan IT does not release the Customer from the Terms of Use.
5.6 In the event of an unauthorised use, Titan IT will take reasonable steps to deactivate the Customer's Account and issue the Customer with new membership details within a reasonable time.
6 Privacy
6.1 The Customer agrees that Titan IT may use and provide personal information about its Customers that is collected on the Website. The collection and provision of collected information is subject to privacy laws and Titan IT will comply with its Privacy Statement in dealing with any personal information at [www.Titan IT.co.nz/privacy].
6.2 Titan IT may release to an Authorised Person information collected by Titan IT from the Website.
7 Disclaimer
7.1 The content, products and services on the Website provided on an 'as is' basis. Titan IT does not represent the contents of the Website as being accurate, comprehensive, complete, verified or error free.
7.2 Titan IT gives no guarantee that the Website will always be accessible and available and/or fault or virus free.
7.3 Prior to using any download Titan IT recommends the user carry out an appropriate virus check as Titan IT does not accept any liability for any computer viruses transmitted in connection with the use of this website.
7.4 All trademarks displayed on this website belong to their respective owners unless otherwise indicated.
7.5 Visitors to the Website are under an obligation to take all reasonable steps to minimise the extent of loss suffered as result.
7.6 The Customer releases Titan IT from all liability whether in contract or tort (including negligence), to the maximum extent permitted by law as to the quality and fitness of purpose of the goods and services available on this website.
8.1 The Website may contain links to other web sites operated by third parties ("Third Party Web Sites"). Titan IT does not endorse, or approve of the operators of those Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").
8.2 Subject to any applicable law which cannot be excluded, Titan IT makes no warranties or representations:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or
(b) that Third Party Material does not infringe the intellectual property rights of any person. Titan IT is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.
8.3 All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. Titan IT expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.
8.4 Titan IT may receive payments, fees and/or commissions from third party operators for goods or services supplied by the operator as a result of you linking to the Third Party Web Site from the Websites. The Customer consents fully to Titan IT receiving such payments, fees and/or commissions.
8.5 Third party products, services and information ("Third Party Content") are not provided or endorsed by Titan IT. Where it is apparent that Third Party Content is not provided by Titan IT or the Customer has left the Websites, the Customer's legal relationship in respect of the Third Party Content is with the third party provider.
9.1 These are the current Terms of Use. They replace any other terms of use for the Website. Titan IT may at any time vary the Terms of Use by publishing the varied Terms of Use on the Websites. The Customer accepts that by doing this, Titan IT has provided sufficient notice of the variation.
9.2 Titan IT reserves any rights not expressly granted in these Terms of Use.
10 Termination
10.1 The Customer may stop using the Website at any time, for any reason.
10.2 Titan IT may immediately suspend or limit the Customer's access to the Website if:
(a) the Customer is in breach of the Terms of Use and the breach in cannot be remedied or the customer has failed to remedy breach within thirty (30) days of being notified of the breach;
(b) Titan IT has reasonable grounds to believe that there is a real risk of loss or damage to us or another party unless Titan IT suspends or limit usage;
(c) the law requires Titan IT to do so;
(d) access to the Websites becomes illegal; or
(e) there is an emergency.
10.3 The Terms of Use are effective until terminated by Titan IT.
10.4 Titan IT may terminate this agreement and the Customers Access to the Website at any time without notice.
In the event of termination, the Customer is no longer authorised to access the Website, but all restrictions, disclaimers and limitations of liability remain enforceable.
10.5 Termination will not affect any legal right that may have accrued to Titan IT against the Customer up to the date of termination.
10.6 This agreement shall be governed by New Zealand law and the parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.
10.7 If any of the terms in this Terms of Use are invalid for whatever reasons, they will be struck out and the remaining terms will remain in force.
10.8 A failure by Titan IT to pursue a breach of the Terms of Use by the Customer does not waive any rights Titan IT has to pursue the Customer for a similar or subsequent breach.
In these Terms and Conditions, the following definitions shall have the following meanings:
“Account” means a personal account created by You on the Website in order to purchase Products from the Website;
“CGA” means Consumer Guarantees Act 1993;
“Confidential Information” means all information supplied by, on behalf of or concerning Titan IT or its Suppliers and includes (without limit) business, technical, pricing and customer information;
“Order” means an order for Products placed on the Website;
“Password” means the password You have set in order to access Your Account;
”PPSA” means Personal Property Securities Act 1999;
“Products” means all communications related hardware and software supplied by Titan IT to you but does not include accessories supplied to you directly by any third party;
“Suppliers” means Titan IT’s suppliers;
“Website” means https://shop.titanit.co.nz
2.1 These Terms and Conditions constitute a legally binding contract between the customer (“You”) and Titan IT Limited (CN 4041168) (“Titan IT”) and apply to the ordering purchase, fulfilment and delivery of products (“Products”) from the Website for business purposes. By placing an order for Products from Titan IT on the Website you agree to these Terms and Conditions. These Terms override and are in substitution for any terms stipulated or referred to in writing or orally by you.
3.1 If you do not already have an Account you will need to create one before placing an Order.
3.2 You may not set up an Account for someone else.
3.3 Please ensure that you enter all information correctly when creating an Account. You warrant to Titan IT that all information provided by you in relation to your Account is complete, true and accurate.
3.4 You must notify Titan IT immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
3.5 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Titan IT will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Titan IT ,whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
3.6 If Titan IT suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Titan IT then you must pay Titan IT the amount of that loss, damage, cost or expense if Titan IT asks you to.
4.1 Notwithstanding anything in these Terms and Conditions or any other agreement between you and Titan IT, all orders are subject to the acceptance of Titan IT and no order will be deemed to be accepted by Titan IT until such acceptance is communicated to you.
4.2 In addition to any other information Titan IT thinks relevant, in deciding whether to accept an order placed by you, Titan IT may have regard to:
(a) Your account with Titan IT;
(b) Your credit status; and
(c) any previous dealings between Titan IT and you.
Titan IT reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the above.
4.3 You may print a hard copy of an order placed on the Website. The presentation of an order confirmation indicates only that Titan IT has received the order.
4.4 If you wish to cancel an order it must do so by telephoning a Titan IT customer sales representative, accounts manager or other authorised person and quote the order number. Orders may not be cancelled after 60 minutes of order placement or if the Products have left Titan IT's storage facilities.
4.5 Orders for Products not ordinarily stocked by Titan IT are irrevocable.
5.1 All prices and products displayed on this Website and offered by Titan IT are subject to change without notice. It is your responsibility to check the price of a Product before placing an order for it.
5.2 In addition to the price for the Products, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
5.3 If Titan IT agrees to deliver Products outside of New Zealand, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
5.4 By placing an Order you agree to pay the price for the Products, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
5.5 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in New Zealand dollars and are exclusive of GST.
6.1 Unless Titan IT has agreed to extend credit to you, payment is to be made in cash before supply. Payment by cheque or by any type of bank transfer will not be considered payment until the payment has been fully cleared through the banking system into Titan IT’s bank account.
6.2 Titan IT will extend credit to you to the credit limit set out in your credit application. Titan IT may vary the credit limit or cancel credit from time to time. If Titan IT extends further credit beyond the credit limit you may be required to execute further documentation.
6.3 Titan IT may at any time or from time to time without assigning any reason therefore refuse to extend any further credit or require further guarantees.
6.4 Where Titan IT has agreed in writing to extend credit to you, payment is to be made no later than 10 business days following dispatch of an invoice.
6.5 You agree to pay for the Products in full without deduction or set-off and to pay goods and services tax and any other government duties, levies or taxes in respect of the Products.
6.6 If payment is not made in full by the due date, Titan IT may cease delivery of Products and any incidental services and charge you interest on the unpaid overdue balance at the rate either 15% per annum or at the rate charged by Bank of New Zealand Limited on overdrawn bank accounts, in every case at Titan IT’s sole discretion.
6.7 Notwithstanding clauses 6.2 and 6.4 above, all payments shall immediately become due to Titan IT and Titan IT may immediately terminate your account and this contract if you refuse to accept delivery of any Products, become insolvent, commit any act of bankruptcy, or if a receiver, liquidator or statutory manager is appointed over any of your assets or undertaking, or if you make or attempt to make an arrangement or composition with creditors or if Titan IT believes on reasonable grounds that you cannot pay for the Products.
7.1 Risk in the Products passes to you from the time of delivery. You shall insure the goods for their full insurable value against loss or damage by fire, theft, accident and other such risk.
7.2 Delivery to a courier constitutes delivery to you. All claims for shortage or damage during delivery must be made to both the carrier and immediately and be the latest within 48 hours of the date of delivery.
7.3 Titan IT will make every effort to ensure delivery of products, or performance of services, is on time but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance shall not entitle you to cancel any order.
7.4 Titan IT will, if requested by you, deliver the Products directly to your customer; however, you shall still remain responsible pursuant to 7.1, 7.2 and 7.3 above.
8.1 Notwithstanding any period of credit, ownership of products remains with Titan IT and will not pass to you until those Products supplied to you have been paid for in full and until that time you agree that:
(a) You hold the Products as bailee for, and you are in a fiduciary relationship with, Titan IT;
(b) You must store the Products so that they can be readily identified as belonging to Titan IT; and
(c) You are authorised by Titan IT to dispose of the Products in the ordinary course of business, but only as Titan IT’s agent, and you must keep the proceeds of any products sold in a separate account in trust for Titan IT. Furthermore, you must not represent to any third party that you are in any way acting for Titan IT, and Titan IT is not bound by any contract between you and any third party.
8.2 If you fail to pay for any Products in full by the due payment date, Titan IT or its agent(s) may (in addition to its other rights) enter your premises (or other premises to which you have access and where any of the Products are stored) during normal business hours, without notice, and search for and recover its Products, and may resell any of them, without incurring any liability to you or any other person. Furthermore, you indemnify Titan IT against all costs and claims in respect of its exercise or rights under this clause 8.
9.1 These Terms create a security interest in all present and after-acquired Products as security for all your obligations to Titan IT, which is or will be registrable in the Personal Property Securities Registry.
9.2 You must do all such things and execute or arrange for execution of all such documents as Titan IT may require to ensure that, Titan IT has a perfected first ranking security interest(s) in the Products under the PPSA.
9.3 Titan IT may register a financing statement to perfect its security interest in the Products delivered, or, to be delivered, to you.
9.4 You will indemnify Titan IT for any costs Titan IT incurs in doing any of the above.
9.5 You waive your right to receive a copy of any verification statement(s) under the PPSA and agree that as between Titan IT and you:
9.6 You will have no rights under (or by reference to) sections 114(a)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 126, 127, 129, 131, 132, 133 and 134 of the PPSA; and
9.7 Where Titan IT has rights in addition to those in Part 9 of the PPSA, those rights shall continue to apply.
9.8 In addition to any other obligation, you will indemnify Titan IT for any costs Titan IT incurs in registering or maintaining, and/or enforcing or attempting to enforce the security interest created by these Terms.
9.9 Immediately upon request by Titan IT, you must procure from any person considered by Titan IT to be relevant to its security position such agreements and waivers (including as equivalent to those above) as Titan IT may at any time require.
9.10 You will immediately notify Titan IT of any change in your name or any of the details you provided as part of your credit application.
10.1 The provisions of the CGA shall not apply to any supply of Products or incidental services to you where you acquire or hold yourself out as acquiring those Products and incidental services for the purposes of a business, and the conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or implied by common law will not apply and are excluded from these Terms.
10.2 If there is any defect or irregularity in products supplied, Titan IT’s liability to you is limited to replacing those Products. (However no such remedy will be given unless you have complied with clause 10.3 below). For the avoidance of doubt, Titan IT shall have no obligation to provide refunds.
10.3 Any claim or dispute must be delivered to Titan IT in writing within 48 hours of delivery of the Products, and must in any event be delivered before the Products have been altered in any way.
10.4 Subject to clause 10.2, Titan IT will not be liable in any event for any loss or damages of any kind, whether direct, or special, or indirect or consequential, howsoever arising, whether or not Titan IT had knowledge that such damages might be incurred, including but not limited to loss of income, profit, interest, opportunity, utility or loss of market, incurred by you or by any third party.
10.5 Nothing in these Terms shall exclude or restrict any rights or remedies you may have under the Fair Trading Act 1986.
11.1 Titan IT is not obliged to accept the return of any Products for credit. Except where Titan IT may determine (but without obligation to so determine), requests for Products to be returned for credit will be considered only if received in writing within 48 hours of the delivery of the Products and quoting the invoice number, and if the Products are in the same condition as dispatched. Titan IT may grant or refuse any such requests at its sole discretion.
12.1 Titan IT may impose certain conditions on you from time to time due to such terms being imposed on Titan IT by its Suppliers.
13.1 You undertake in relation to Products acquired from Titan IT:
(a) not to give any express guarantees on behalf of the manufacturer, any Supplier, or on behalf of Titan IT, except with Titan IT’s express written approval;
(b) not use Titan IT’s Products for any purpose for which they are not suitable, and that you will (whenever appropriate) correctly advise your customers as to the purpose to which the Products should or should not be put;
(c) that any literature that you may supply and which relate to Titan IT’s Products will comply with the CGA;
(d) to immediately notify Titan IT in writing of any claim you may receive pursuant to the CGA, giving details of the Products concerned, and claimant’s contact information;
(e) if you supply the Products directly to an end user/consumer you will do so using terms and conditions of supply which exclude liability for any claims under the CGA, but in each case only where the end user/consumer acquires the Products for business purposes; and
(f) if your customer acquires the Products for resupply, you will ensure that your customer and each person in the distribution chain will exclude liability in its contract for supply for any claims under the CGA, but in each case only where the end user/consumer acquires the Products for business purposes.
14.1 You will indemnify Titan IT against all costs (including legal costs on a solicitor and own client basis and collection costs incurred by Titan IT or its agent) expenses, losses, damages or claims arising in any way where you have failed to comply with any one of these Terms, as modified from time to time.
15.1 All intellectual property shall remain the property of Titan IT and any Supplier entitled thereto and neither Titan IT nor its Suppliers transfer any right, title or interest in the intellectual property to you.
15.2 You shall not use any trade marks which are the property of Titan IT or its Suppliers, or any similar words or marks, or any combination of words which includes any of those trademarks or any similar words or marks, except to the extent expressly authorised by Titan IT in writing.
15.3 You agree to dispatch the Products only under the trademarks under which they are supplied by Titan IT, and under no circumstances shall you apply any of the trademarks to any product which is not genuine branded product supplied to you by Titan IT.
15.4 You will not cause or permit anything which may interfere with, damage or endanger the trademarks, other intellectual property rights of Titan IT or Titan IT’s Suppliers, or assist or allow others to do so.
15.5 You will undertake to advise Titan IT immediately when you become aware of any unauthorised use or attempted use by any person of the trademarks or other intellectual property rights of Titan IT or Titan IT’s Suppliers.
15.6 In the case of your account with Titan IT being terminated you shall immediately discontinue use of all of the trademarks which are the property of Titan IT in any sign, or advertising and thereafter shall not use those trademarks directly or indirectly in connection with your business.
16.1 All Confidential Information shall at all times remain the property of Titan IT and/or the Suppliers.
16.2 You agree with Titan IT to keep all information and communications (both oral and written) given by, on behalf of, or concerning Titan IT to you from time to time, strictly confidential.
16.3 You agree to use Confidential Information supplied to you only in connection with the carrying on of that part of your business relating to Products and in connection with the performance of your obligations under these Terms.
16.4 You agree to ensure that all Confidential Information given to you is made available to your employees only on the basis that those employees at all times maintain strict confidentiality.
17.1 Neither party will be liable for any losses of any kind or any delay in performing obligations under these Terms caused in whole or in part by any act of God, natural disaster, flood or earthquake, strike, lockout, fire, war, civil commotion, inability to obtain products or supplies including the imposition of any export or import bans, or any other cause beyond reasonable control. Neither party shall be required to settle a strike or lockout or other industrial disturbance against its wishes in order to benefit from this clause.
18.1 You warrant that the information supplied by you in relation to the credit application and these Terms is true and correct and you acknowledge that Titan IT will rely upon the correctness of the representations and information that you have provided and you further undertake to inform Titan IT of any change in the information as soon as you are aware that such change will take place or at the latest, five working days after such change has occurred.
19.1 If any provision of these Terms is or becomes void or unenforceable, then those provisions will be severed from these Terms and replaced with provisions which validly and enforceably accomplish (to the extent possible) those provisions’ objectives and in that case the rest of these Terms will remain valid and enforceable.
20.1 These Terms are governed by the laws of New Zealand and any dispute under them shall be subject to the jurisdiction of the Courts of New Zealand.
In these Terms and Conditions, the following definitions shall have the following meanings:
“Account” means a personal account created by You on the Website in order to purchase Products from the Website;
“Order” means an order for Products placed on the Website;
“Password” means the password You have set in order to access Your Account;
“Website” means “https://shop.titanit.co.nz”.
2.1 These Terms and Conditions constitute a legally binding contract between the customer (“You”) and Titan IT Limited (CN 4041168) (“Titan IT”) and apply to the ordering purchase, fulfilment and delivery of products (“Products”) from the Website for your personal use (as opposed to purchase for the purposes of a business). By placing an order for Products from Titan IT on the Website for such personal use you agree to these Terms and Conditions.
2.2 Your purchase of Goods will be subject to certain laws including, without limitation, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Consumer Guarantees Act) which cannot by law be excluded, restricted or modified.
3.1 If you do not already have an Account you will need to create one before placing an Order.
3.2 You may not set up an Account for someone else.
3.3 Please ensure that you enter all information correctly when creating an Account. You warrant to Titan IT that all information provided by you in relation to your Account is complete, true and accurate.
3.4 You must notify Titan IT immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
3.5 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Titan IT will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Titan IT ,whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
3.6 If Titan IT suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Titan IT then you must pay Titan IT the amount of that loss, damage, cost or expense if Titan IT asks you to.
4.1 Notwithstanding anything in these Terms and Conditions or any other agreement between you and Titan IT, all orders are subject to the acceptance of Titan IT and no order will be deemed to be accepted by Titan IT until such acceptance is communicated to you.
4.2 In addition to any other information Titan IT thinks relevant, in deciding whether to accept an order placed by you, Titan IT may have regard to:
(a) Your account with Titan IT;
(b) Your credit status; and
(c) any previous dealings between Titan IT and you.
Titan IT reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the above.
4.3 You may print a hard copy of an order placed on the Website. The presentation of an order confirmation indicates only that Titan IT has received the order.
4.4 If you wish to cancel an order it must do so by telephoning a Titan IT customer sales representative, accounts manager or other authorised person and quote the order number. Orders may not be cancelled after 60 minutes of order placement or if the Products have left Titan IT's storage facilities.
5.1 All prices and products displayed on this Website and offered by Titan IT are subject to change without notice. It is your responsibility to check the price of a Product before placing an order for it.
5.2 In addition to the price for the Products, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
5.3 If Titan IT agrees to deliver Products outside of New Zealand, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
5.4 By placing an Order you agree to pay the price for the Products, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
5.5 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in New Zealand dollars and are inclusive of GST.
6.1 Upon receipt your payment, Titan IT will deliver the Products to the address nominated by You in accordance with the invoice.
6.2 Titan IT will take all reasonable steps to achieve delivery on or about the date nominated for delivery however Titan IT will not be liable for any delay or failure to deliver the Products on the nominated date or for any loss or liability by You to a third party.
6.3 It is Your responsibility to provide Titan IT with access to Your premise at the time nominated for delivery. On delivery You may be required to sign a proof of delivery document. If you are not available to take delivery your Products will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address. If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Titan IT may charge you a reasonable fee for doing this.
6.4 Risk in the Products passes to You on delivery of the Products.
Policy
7.1 You should check Your Products as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Titan IT on https://www.TitanIT.co.nz/contact-us as soon as possible.
7.2 If you have a problem with any Products or otherwise wish to return them please contact us on https://www.TitanIT.co.nz/contact-us
7.3 When returning Products:
(a) please provide Titan IT with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that You use Your best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
(c) You are also encouraged to use the original packaging where possible in order to avoid damage in transit.
7.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Products themselves.
8.1 Titan IT is not liable for any loss of profits, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.
9.1 These are the current terms and conditions for consumer customers who acquire Products from the Website. Titan IT may at any time vary these terms and conditions by publishing the varied terms and conditions on the Websites. The Customer accepts that by doing this, Titan IT has provided sufficient notice of the variation.
9.2 Titan IT reserves any rights not expressly granted in these terms and conditions.
9.3 These terms and conditions shall be governed by New Zealand law and the parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.
9.4 If any of these terms and conditions are invalid for whatever reasons, they will be struck out and the remaining terms will remain in force.