General:

  1. This Elite Products Limited shopping site at eliteprodroductslimited.co.nz is a shopping website where you can browse, select and order products from Elite Products Limited.
  2. Your access to, and use of the site, including your order of products through the site, is governed by these terms and conditions.

Compliance:

  1. You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms,
  2. You agree to comply with all relevant laws relating to your use of the site and your placement of any order through the site.

Placing an order for products:

  1. You may order products by selecting your order through the site in accordance with these terms and conditions.
  2. Any order placed through this site for a product is an offer by you to purchase the particular product for the price notified at the time you place the order.

Acceptance or rejection of an order:

  1.  In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the site.
  2. Each order placed for products through the site that we accept, results in a separate binding agreement between you and us for the supply of those products.
  3. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions; and provide you with an email confirmation of that order.
  4. If we reject an order placed through the site, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

Risk and title:

  1. Risk and title to the products passes to you on the date and time of delivery to the delivery address.

Canceling an order:

  1. We may cancel any part of an order without any liability to you for that cancellation at any time if:
    • The Products in that order are not available
    • There is an error in the price or the product description posted on the site
    • That we reasonably believe your order has been placed in breach of these terms and conditions.
  2. If we do so, then we will endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
  3. You may cancel an order by contacting us at any time prior to the dispatch of that order through our contact us section of the site.
  4. Once the order has been delivered to you, then you may return the relevant products in accordance with these terms and conditions.

Fees and charges:

  1. We will charge you, and you agree to pay, the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order and any other fees and charges set out in these terms and conditions.
  2. All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable.
  3. The purchase price of each product is shown on the product list on the site at the time you place your order. The purchase price of a product on the site may not be the same or correspond to the prices in any of our advertisements for the same product and we are not obliged to match any prices.
  4. Just like in our advertisements prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.
  5. If you cancel an order then:
    • We will refund any amounts paid by you for that cancelled order;
    • We will not refund the delivery fees where the products in your cancelled order have been dispatched for delivery.

Payment methods:

  1. You may pay the fees and charges for an accepted order using the following payment methods:
    • Credit Cards:
      • Visa;
      • MasterCard;
      • American Express

      If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.

      If you choose to pay by credit card, you authorize us to debit the amount that is payable for an accepted order from your nominated credit card.

    • Bank money Transfer (Direct Credit)If you have chosen to use direct deposit to pay the fees and charges for the order that has been accepted by us, details of our account details will be provided in our checkout process regarding where and how the fees and charges need to be deposited.

      Once you have deposited the amount for the fees and charges for your order, then you will then need to contact Customer Service to complete the payment process. We ask that you provide us with the details of the order, the date deposited, the amount deposited, the customer number and the email address of your account to enable us to apply the direct deposit to your order that we accept. If you wish to use this payment method, you must allow at least 48 hours for confirmation of your payment. If you do not deposit the relevant amount for your order into our nominated account within 5 business days of the date of the order, then we will contact you. If you notify us at that time that you have not deposited the relevant amount for your order, then we can at your request cancel the order or agree other arrangements. We may however, need to cancel your order if we cannot agree other arrangements.

  2. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
  3. We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.

“Lay By” Account:

  1. You can select a product and pay for the product over a maximum of 90 days.  The 90 days commences from the date of purchase… A 10% deposit is required for the product at time of purchase. Any amount of payment may be made at any time within the 90 day period.
  2. The product will be delivered when the goods have been fully paid for.
  3. Any Lay By account that has not been fully paid for within the 90 days will be cancelled. All payments made within the 90 days will be refunded less a 20% administration fee.

Super &ldquoldquo;Lay By” Account:

  1. To specially *approved customers” a product maybe purchased on “Super Lay By”, you can pay a 10% deposit and receive immediate delivery of product in accordance with our delivery policy.
  2. “Super Lay By” is not credit, there are no forms to be completed, there are no added costs to the normal retail price for “Super Lay By”, there is nil interest, and no administration fees.
  3. You will need to pay a 10% deposit prior to delivery. The remaining balance needs to be paid off in 9 equal payments over the next 9 weeks.
  4. You will be reported to a debt collection agency for recovery of the debt plus a 30% administration fee for any products not fully paid for immediately after the 10 week time frame.

Damaged products and returns:

  1. You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us through our contact us section. If you notice damage to a product after delivery, you should notify us within 7 days of delivery. If so, you may return the product to us in accordance with this clause.
    • If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, then you may return that product in accordance with our Returns Policy (see Return Policy Section)
    • Our Returns Policy is available in the Returns Policy section.
    • You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
    • We will not refund the delivery fee where the products have been delivered to you, unless you are returning the Product because it was damaged.

Liability:

  1. *We exclude all implied terms and warranties whether statutory or otherwise, relating to the site or the subject matter of this agreement. You acknowledge that the site is provided “as is” and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose.
  2. *We will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realize expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.

    *Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):

  3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
  4. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
  5. Nothing in these terms and conditions is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 and the Sale of Goods Act 1908

Termination:

  1. We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:
    • The breach cannot be remedied; or
    • You fail to the remedy the breach within 10 days of our notice to you of that breach; or
    • If there is an emergency.
  2. We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

Changes to these terms and conditions:

  1. For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
  2. We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.