Terms and Conditions of Sale

VEC Limited t/a VAPO (“VAPO”)

Terms and Conditions of Sale ("Sales Terms")                                                                                         

 

  1. General

VAPO is the owner and publisher of the content contained in this website (referred to as "our", "us", "we"). Your purchase of goods from this website is subject to these Sales Terms, our Terms of Use, Returns Policy, and our Privacy Policy. If you do not accept these Sales Terms, or Terms of Use, or our Privacy Policy, you must refrain from using this website or making a purchase from this website.

In these terms:

(1) “you”, means anyone who visits or uses this website

(2) "Order" means an offer made by you in response to an invitation to treat made by us on the website.

(3) “third party” includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by any us, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website.

We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Sales Terms as revised. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Sales Terms.

  1. Guests and Registered Users

 

(2) To become a member of the website, you must upon request provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Team – 09 631 7463

(3) You will receive an email from us immediately after you create your membership account. If you have not received such an email within 24 hours, please contact our Customer Team – 09 631 7463

(4) We only permit one membership registration per email address.

(5) You must not use another members’ account.

(6) You must keep your password secure and you are responsible for any activity using your membership. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password.

(8) We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.

  1. Legal Capacity

(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.

(2) Any Order or purchase made by you using this website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.

(3) We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.

  1. Product Offers and Orders

(1) This website and the information on it constitute an invitation to treat and not an offer to sell or supply products.

(2) We will advertise each item of the goods described in this website ("Offer Goods") for sale until the date specified in the relevant advertisement, or if the Offer Goods have not been advertised in an advetisement, until such time as the Offer Goods are removed from this website ("Offer Period"), for a price not greater than the price specified in this website for that item ("Offer Price"), subject to these Sales Terms.

(3) Please refer to our returns policy regarding returning online orders. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order. Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Sale Terms.

(4) You and we may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

  • (i) placing an electronic Order for the products using the website;
  • (ii) you confirming the Order details in accordance with the procedure on the website;
  • (iii) you making payment in full (plus any applicable delivery charges) on the website; and
  • (iv) our acceptance of that offer in accordance with these Sales Terms.

(5) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the products only when:

  • (i) all requirements set out in these Sales Terms have been met;
  • (ii) the electronic instruction containing the offer from you enters and is recorded in our database;
  • (iii) a record is created and stored in our database; and
  • (iv) we receive in our account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(6) You acknowledge that:

  • (i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
  • (ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
  • (iii) we may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
  • (iv) we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(7) You will receive an email from us immediately after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Team – 09 631 7463

(8) If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(9) We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

(10) We endeavor to ensure that any representations made about stock availabilities are accurate to the last known stock level. You acknowledge that stock availabilities are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.

(11) We will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from us.

  1. Order Enquiries

If you have any query about the progress of your Order please contact the Customer Team – 09 631 7463. Please have your Order number handy as shown on the email confirmation.

  1. Gift Cards

Gift cards must be purchased through the website www.vapo.co.nz. Lost or stolen cards will not be replaced or redeemed. Gift cards are redeemable from the VAPO website www.vapo.co.nz only, not redeemable for cash or cash equivalent products. Gift cards expires 12 months from the last transaction. Cash will not be given for any unused balance. Unused balance on expiry of this card will not be refunded or credited.

  1. Price

(1) Prices shown are in New Zealand dollars and include GST where applicable. Prices do not include any costs associated with set-up or installation, which shall be your responsibility. Prices may not include delivery and handling charges. We may vary any prices on this website at any time without notice to you.

(2) Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or our normal ticketed price.

(3) We do not represent that any product offered via the website will be offered by or available from any VAPO store, or at all.

(4) Images of products shown without any advertised price beside that image are not offered for sale.

(5) Unless otherwise stated, any accessories, shown in any image of products are not included in the price.

(6) We reserve the right to correct any errors.

  1. Payment

(1) All payments must be made by you in full.

(2) Payments must be made via the Eway secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees (if any) at the time the products are dispatched.

(3) The website employs the latest in Secure Sockets Layer technology from the TNS secure payment gateway to secure our payment systems. Eway is a tier-one PCI DSS compliant payment gateway.

(4) 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 TNS account is fraudulently used or is used in an unauthorised manner.

(5) 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.

  1. Supply and Delivery

(1) Subject to your compliance with these Sales Terms and our acceptance of your Order, we will sell and supply the products to you as shown on your Order confirmation.

(2) Products may not be available for immediate delivery. We will endeavour to deliver your Order to the address you nominate in your Order within ten (10) days of the date you placed your Order.

(3) Extremely popular or rare products may not be in stock and will be required to be ordered. You acknowledge and agree that your Order for any item that is in popular demand or a rare product not currently in stock may take up to ten (10) weeks to be delivered to you from the date you placed your Order. This timeframe is the average manufacturing lead time required by suppliers. We will contact you on or about the time we receive your Order to notify you of the indicative delivery date and ask if you would prefer a refund or replacement product of equal value.

(4) When you complete your Order you will be prompted to select whether you wish to collect your Order from a VAPO store or to have the Order delivered to an address specified by you.

(5) Other than in respect of Orders for regional or remote areas, if we give you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order due to lack of stock you may cancel your Order without charge, and we will, upon request to the Customer Team, arrange for a full refund of any payment made by you for that Order to be processed.

(6) Delivery times may be greater than 10 business days for regional or remote areas.

  1. Delivery by Post or Carrier

(1) The terms of this clause apply where you select to have your goods delivered to a specified address.

(2) The delivery address must be an address within New Zealand and cannot a freight forwarding location.

(3) On receipt of your Order, your Order will be dispatched to you to your specified delivery address generally within 10 business days of the date you placed your Order.

(4) If you Order large or bulky items, we will contact you by telephone or email to arrange with you a suitable time for delivery.

(5) You will be required to be available in person to accept all deliveries.

(6) If you wish to change the delivery date or delivery address you must let the Customer Team know at or before 2:00pm on the date you place the Order.

(7) We will use our best endeavours 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.

(8) You must advise at the time you place your Order via the website, or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as remote rural locations, restricted access, stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location, or a rural location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

(9) We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.

(10) If you select ‘Overnight Delivery’ or ‘Saturday Delivery’ option, and after receiving your Order, we determine we are unable to deliver your Order at the scheduled time (for whatever reason), we will contact you by phone or email to arrange an alternative time for delivery.

  1. Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you when your order is received by the Courier Company.

  1. Damaged Products and Acceptable Quality

(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have: (a) legal rights and remedies under the New Zealand Consumer Guarantees Act 1993 (“CGA”); or (b) the right to have the product repaired or replaced or to receive a refund of the price paid by you for the product.

(2) Please refer to our Returns Policy for more information on our policy regarding online orders when you have changed your mind or the product was not what you expected.

(3) If your Order arrives damaged or is not of acceptable quality, please contact the Customer Team – 09 631 7463.

  1. Privacy and Personal Information

(1) The privacy of your personal information is important to us. Please refer to our Privacy Policy for more information.

(2) We or our third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer Team. Personal information may include your name, residential or postal address, telephone number and email address.

(3) We and our related bodies corporate and our third parties may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that we and any of our third parties may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that we consider may be of interest to you. If you would prefer not to receive promotional or other material from us or our third parties, please let our Customer First Team know. You also agree that we may contact you by telephone to arrange delivery or collection of your Order.

  1. Disclaimer and Indemnity

(1) To the extent permitted by law, we and each of our related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

  • (a) errors, mistakes or inaccuracies on the website;
  • (b) you acting, or failing to act, on any information contained on or referred to on the website or any linked website;
  • (c) personal injury or property damage of any kind resulting from your access or use of the website;
  • (d) any unauthorised access to or use of the websites secure servers;
  • (e) any interruption or cessation of transmission to or from the website;
  • (f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; or
  • (g) the quality or fitness for any purpose of any product or of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, we and our third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3) You will at all times indemnify, and keep indemnified, us and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Sales Terms.

(4) Nothing in these Sales Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Sales Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Sale Terms.

  1. Force Majeure

We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.

  1. Transfer and Assignment

If we merge, sell or otherwise change control of our business or this website 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 it has made with you.

  1. Waiver

Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.

  1. Applicable Laws

This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.

The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.

 


 

Terms of Use

  1. General

VEC Limited t/a VAPO (“VAPO”) is the owner and publisher of the content contained in this website (referred to as "our", "us", "we").

As a user of this website (referred to as ‘”you” and “your”), you are subject to these Terms, our Privacy Policy, our Returns Policy, our Online Sales Terms, and any other laws or regulations which apply to this website. If you do not accept these Terms, you must refrain from using this website.

We reserve the right to revise these Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. By continuing to use this website after such publication, you agree to be bound by these Terms as revised. You should therefore periodically visit this page to determine the current Terms.

Any reference to "website" means the whole or any part of the web pages located at this URL or domain (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

  1. Contract Information

The information contained on this website constitutes an invitation to treat and not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms and in accordance with our then current terms of trade including our Online Sales Terms. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgement, to have been placed fraudulently or in an effort to supply trade re-sale.

  1. Information/Content

The information contained on this website is intended for general information only. While we endeavour to ensure that information on the website is correct, sometimes errors or inaccuracies do occur, for which we apologise.

We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website. We reserve the right to make changes at any time and without notice to you, to any element of this website.

To the extent permitted by New Zealand law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website.

Except as otherwise described, all materials on this website are made available only to provide information about this website, and the products which may be ordered from this website. This website is controlled and operated by us, from offices within New Zealand.

Details contained on this website relating to the products and the sale of the products through this website have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.

  1. Price, Products And Services

All prices on this website are in New Zealand dollars and are inclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason.

The information in this website has been published by VEC Limited upon the basis that relevant VAPO stores, will offer the goods for sale until a specified date or until sold, whichever first occurs, at no greater than the advertised prices, GST-inclusive.

Prices are subject to change by individual VAPO stores, and do not include display accessories, options or delivery. Prices displayed may vary in different regions and different stores.

Some goods may not be on show or available at each VAPO store. Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or our normal ticketed price.

  1. Intellectual Property

This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by us, or in some cases, a related body corporate or third party, and unless stated, is copyright. These intellectual property rights are protected by New Zealand and international laws.

You may view our website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.

Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

  1. Other Websites

Please note that although this site may have some hyperlinks to other third party websites, these sites have not been prepared by us and are not under the control of us. These links are provided for convenience only and may not remain current nor maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We are not responsible for the availability of any of these links.

  1. Secure Data

Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email at contact@vapo.co.nz

  1. Viruses

Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.

You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

  1. Cookies

We may use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere).

You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.

  

  1. Use of Your Information And Material

We appreciate any suggestions ("unsolicited ideas") you may have regarding ways in which this website may be improved or materials which we may add to this website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

  1. Privacy Policy

We are committed to protecting your privacy. We recognise that your personal information is confidential and we understand that it is important for you to know how we treat your personal information. Please read our Privacy Policy for more information.

  1. Disclaimer

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.

You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Fair Trading Act 1986.

  1. Consumer Guarantees Act

Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.

  1. Electronic Transactions Act

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

  1. Applicable Laws

This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.

The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.

  1. Severability

If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

  1. Changes to These Terms

We may, from time to time, add or remove information, products or services from this website without notice.

We reserve the right to amend these Terms at any time without notice, and we may terminate your access to this website at any time without notice. Your continued use of this website will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.