Terms and conditions
PLEASE READ OUR TERMS & CONDITIONS PRIOR TO PURCHASE
Where the goods and/or services supplied pursuant to this agreement are supplied for the purpose of a business then the provisions of the Consumer Guarantees Act 1993 shall not apply (Section 42.2)
These Terms and Conditions are the only terms and conditions that apply to every sale, between Finebiz Performance NZ and all customers (“the Buyer”). Whatever other representations may have been made by Finebiz Performance NZ, the Buyer agrees that; there are no variations to these terms and no other agreement between the Buyer and Finebiz Performance NZ.
This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
PAYMENTS AND PROCESSES OF INVOICES
The name that will appear on your statement will be Finebiz Performance NZ.
Payment in full is required prior to the dispatch of goods. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Finebiz Performance NZ has all the discretion to cancel or deny orders. Finebiz Performance NZ is not responsible for pricing, typographical, or other errors in any offer by Finebiz Performance NZ and reserves the right to cancel any orders arising from such errors. Where a Buyer makes a purchase or payment using a credit card, the credit card numbers and imprints are transmitted to and held by Finebiz Performance NZ at the Buyers risk. Finebiz Performance NZ will not accept any liability for the use of stolen or misappropriated credit cards or credit card numbers. Charge backs resulting from authorized or unauthorized use of any credit card will not be accepted and will be treated as non payment with legal action being taken.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. Shipping fee is not refundable and it is a buyer's responsibility to send the item back.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
Conditions relating to new goods:
At no time will a warranty be extended beyond that of the manufacturers warranty period or conditions. The warranty is limited to replacing or repairing any defective goods returned to Finebiz Performance NZ in accordance with the procedure set out in these terms and conditions provided that Finebiz Performance NZ is satisfied that the defects were defects in manufacture. Warranty covers only replacement or
repair of the product itself and not the cost of removal or reinstallation.
Finebiz Performance NZ shall not be liable for any financial losses or damage sustained by the Buyer, including but not limited to, repair, inspection or replacement costs, any charges for hire or purchase of replacement equipment/goods, labour, towage or storage charges, Finebiz Performance NZ liability will not exceed the purchase price of the goods.
No warranty applies if parts fail because of user abuse, lack of maintenance or have been used for race or competition purposes, off roading, marine use, or used with alternative fuels or engines that have been modified in anyway.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
USE OF THE SITE & PROHIBITIONS
The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
EDITING, DELETING & MODIFYING
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site..
ACKNOWLEDGEMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Finebiz Performance NZ shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Finebiz Performance NZ. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the Finebiz Performance NZ to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of New Zealand, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New Zealand, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.