Terms and Conditions for use of the Harman Kardon Online Store
The manufacturer of the products sold on the Harman Kardon Online Store located at (the “Store”) is Harman International Industries, Inc. or its affiliates (hereon referred to as the “Manufacturer”).
The products made available for purchase via the Store (the "Products") are sold by Ingram Micro (N.Z.) Ltd (“Ingram”, “we”, “us” or “our”).
The Products sold via the Store are only available for purchase in New Zealand and must only be bought by you for personal use and not for resale. You warrant that any Products purchase by you via the Store are not for the purpose of commercial resale. If you are a commercial reseller, please contact Ingram directly and we will be happy to discuss your business needs.
These Terms and Conditions (“Terms”) apply to all Product purchases by you from the Store. These Terms do not apply to other products by the same Manufacturer not purchased from the Store, or any other products purchased by you from Ingram or any of its related companies.
We will email you an Order confirmation as soon as you successfully submit and pay for your Order. All Orders are subject to acceptance by us. An Order confirmation does not constitute acceptance of your Order. You may consider your Order accepted when your payment has been accepted by us, and your Order processed. An Order will not be accepted by us if:
- the Order was be placed due to an error with the Store website;
- the price for the Product subject to the Order is incorrect, due to whatever reason;
- your payment for the Order is unsuccessful;
- you have provided an invalid shipping address;
- a Product subject to the Order becomes unavailable after you have placed your Order;
- the personal information you have provided is inaccurate or incomplete.
If we must decline an Order for which you have already paid, we will notify you and refund the payment in full. If we believe that the price of the Product/s subject to the Order is incorrect, we will notify you and give you the opportunity to either cancel the Order with full refund or purchase the Product at the correct price.
2. Prices and Offers
All prices are in New Zealand dollars and, unless specified otherwise, include all applicable taxes. Delivery/freight charges are additional to the Product price and will be calculated at checkout.
Promotional offers prices are final and cannot be combined with other promotional offers. We reserve the right to change or withdraw altogether any promotional offers, discounted prices, or Products without any notice to you.
If the price of a Product (excluding items on clearance, promotion or discount) is reduced within seven (7) days from the purchase date of the Product, you may contact us to request for a refund of the difference in the amount paid and the reduced sum. For clarity, this is not a price match guarantee, and we will not match the prices offered by other retailers for the same Product, even if those products are from the same Manufacturer.
We must successfully receive full payment for the Products you wish to purchase before the Products can be shipped to you. The acceptable payment methods will be listed at the checkout. We are not responsible for any fees charged by your financial institution. In certain circumstances, we may require a re-authorisation for your chosen method of payment. However, you will not be charged twice if this occurs.
4. Shipment and Delivery
Delivery/freight charges associated with non-standard shipping are your responsibility and will be charged to you. We will inform you of such delivery/freight charges at the time you place your Order and before we dispatch the Products.
Once your Order has been shipped, we will send you an Order shipment email confirming your Products is on its way. The email will also contain a freight consignment number in case your Order needs to be track while it is with our freight providers. All Product deliveries require a signature.
Delivery times are estimated to be one (1) week from shipment to most metropolitan areas, and up to two (2) weeks from shipment for delivery outside of metropolitan areas. Depending on availability, Products purchased under one Order may be shipped together or in separate shipments. If your Order is not delivered within thirty (30) days from payment, you are entitled to cancel your Order and receive a full refund. By placing and Order you agree that we are not liable for any loss or damage suffered or incurred by you due to delays in delivery, or non-delivery, of your Order.
5. Cancellation and Variation Before Delivery
Unless otherwise provided in these Terms, an Order cannot be cancelled or varied after the Order is processed by us. Please review your Order carefully before making payment.
6. Delivery Errors and Product Damaged on Arrival
If we acknowledge in writing that due to an error on our part (a) you were delivered incorrect Products or (b) there are missing Products in your delivery, we will arrange for (i) the incorrect Products to be collected and the correct Products to be delivered to you and (ii) the missing Products to be delivered to you, at no extra cost to you.
Provided (a) you inform us within seven (7) days from the date of delivery that the Product/s were delivered substantially damaged, and (b) we accept and acknowledge in writing that the damage to the Product was sustained during picking, packing or shipment, we will replace the damaged Products free of charge. In your claim, please provide clear photos of (i) the damaged Products, (ii) your proof of purchase and (iii) any delivery documentation. We will also pick up the damaged Product at no cost to you.
7. Returns Policy
All Products come with certain guarantees that cannot be excluded under New Zealand’s Consumer Guarantees Act 1993. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
If you consider a Product to be faulty please contact +64 99 13 04 53 or email firstname.lastname@example.org for assistance. You must return all faulty Product to us for fault assessment. We reserve the right to inspect the Product you claim is faulty and verify the fault. The Products must be in a reasonably good condition with all original documentation and accessories intact. The Products, where possible, should be returned in their original packaging, shipping label and packaging slip. If you do not have the original packaging, you must ensure that the Products are properly packaged to prevent any damage during transportation. Proof of purchase must be supplied with each returned Product.
Once the Products are received by us we will assess them for fault and inform you of our findings. If a Product is found to be faulty, depending on the fault, you are entitled to have the Product repaired, replaced or be issued with a full refund. Our return policy excludes any Manufacturer products purchased outside of the Store, third party goods or services and pre-installed software products. All refunds will be made via the same payment method used to purchase the faulty Product. If we reasonably determine that a Product is not faulty, or it is faulty but that the fault was caused by you or is a fault that is not covered under the Product warranty, we may refuse you a refund, replacement or repair. Further, if we collected the Product from you for the purpose of fault assessment at our cost, we may seek to recover from you our costs for collecting the Product, as well as the cost for returning the Product to you after the assessment, as well as our reasonable costs for assessing the Product.
Nothing in these Terms excludes or limits any statutory rights available to you under any New Zealand legislation, including the Consumer Guarantees Act 1993 which cannot be excluded, restricted or modified by contract. These Terms must in all cases be subject to those statutory provisions.
8. Product Warranties and Disclaimer
In addition to any statutory rights referenced elsewhere in these Terms, certain of Manufacturer’s hardware Products are covered by Manufacturer’s limited warranty, a copy of which is included with each Product the limited warranty applies to. If the Manufacturer is providing additional warranties for any of their Products, such additional warranties will be included with the Product they cover.
YOUR USE OF THE STORE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH THE STORE IS AT YOUR OWN RISK. THE STORE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH THE STORE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, WE AND THE MANUFACTURER DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WE NOR THE MANUFACTURER MAKE REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE STORE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE STORE, ITS CONTENT OR ANY PRODUCTS OBTAINED THROUGH THE STORE WILL BE DEFECT FREE, ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE STORE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PRODUCTS OR THE STORE OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
The information presented on or through the Store is made available solely for general information purposes. We and the Manufacturer disclaim all liability and responsibility arising from any reliance placed on such information by you.
The Store may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services (“Third-Party Providers”). All statements and opinions expressed by these Third-Party Providers, and all articles and responses to questions and other content (“Third-Party Content”), other than the content we provide, are solely the opinions of the person or entity providing the Third Party Content. Third Party Content do not reflect our or the Manufacturer’s opinions. We are not responsible, or liable to you or any third party, for the accuracy of any Third-Party Content.
You acknowledge and understand that you visit third party websites via links in the Store at your own risk. To the extent permitted by law, we (including our related companies, officers, employees and agents) exclude any and all liability to you for any losses you may suffer as a result of you visiting third party websites.
9. Indemnity and Limitation of Liability
You indemnify Ingram and its related companies, offices, directors, employees and agents for any loss or damage of any kind you may suffer as a result of you visiting the Store and/or purchasing and/or using the Products. In no event will Ingram or the Manufacturer, including our respective related companies, officers, directors, employees and agents be liable to you or any third party for any economic loss including but not limited to lost profits, revenue, goodwill or business, or special, indirect, consequential or punitive damages, you suffered as a result of you visiting the Store and/or purchasing and/or using the Products, whether based in contract or tort (including negligence, strict liability or otherwise) regardless of whether or not we have been advised of the possibility of such damages.
10. Title and Risk of Loss
When you purchase a Product or Products from the Store, provided you have paid for the Products in full before delivery, title (i.e. ownership) to the Products is transferred to you upon delivery of the Products. Where you have not paid for the Product or Products in full and the Products are delivered to you, we will retain the title to the Products until you have successfully paid for the Products in full, at which time title will pass to you. You undertake to pass title to any returned Products back to us, free from all encumbrances.
You acknowledge that the risk of loss or damage to the Products you purchase will pass to you upon delivery of the Products to you.
By visiting the Store, browsing or purchasing Products from the Store, you acknowledge that you are disclosing to us and to the Manufacturer certain personal information of yours (“Personal Information”).
Ingram may disclose or share relevant Personal Information with the Manufacturer (including its customer support centre which may be located outside of New Zealand) as well as authorized Product repairers or service providers with whom we have contractual relationships, including, but not limited to, customer support, delivery, cyber security, financial and legal advisory, banking, payment processing, web-cart hosting and support, credit reporting, fraud checks, data storage, information processing, order tracking, marketing, product reviews, responding to customer queries and complaints, technology services or law enforcement agency for compliance purposes or to assist with investigations (each individually a “Third Party”). You acknowledge that any Product that you return to us may be sent to a Third Party. If the Product you return to us contains Personal Information we will assume that to be you consent for such Personal Information to be disclosed to a Third Party we deem necessary to forward the Product to. You indemnify us for any loss or damage you may suffer as a result of such Personal Information being accessed by a Third Party.
These Terms are governed by the laws of New Zealand, and you submit to the jurisdiction of the courts of that country.
We reserve the right to amend, vary and/or replace these Terms from time to time at our sole discretion.
By clicking on “I Agree” you agree to abide, and be bound, by these Terms.