You agree that these Terms and Conditions will apply to:
Your access to and use of the Website; and
All goods we supply to you (whether through direct or online orders).
In these Terms and Conditions, the following terms have the following meanings (unless the context requires otherwise):
"Account" means the account (credit or online) you open with us to purchase goods.
"Buyer" or "you" means you (the user – our customer) and includes, where relevant, any other person ordering goods via your Account.
"Us" or "we" means Go Wireless NZ Limited and includes our successors and assigns, and "our" will have a corresponding meaning.
"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
"goods" means the wireless networking and other goods advertised for sale from time to time on the Website, together with any other goods which we may agree to supply you in accordance with these Terms and Conditions.
"Website" means the website www.gowifi.co.nz, which we own and operate and includes any amendments and updates we make to that website from time to time.
"order" means an order made by you for the supply of goods by us.
"RMA procedures" means the return merchandise authority procedures in clause 13 of these Terms and Conditions.
"shipment" means dispatch of the goods by us to the delivery address specified by you for those goods.
"Writing" includes e-mail or other electronic communication in readable form by people.
2. Use of the website
When accessing or using the Website, you agree:
You will not access or use the Website for any illegal purpose.
You will not interfere with the use and enjoyment of the Website by any other person or damage the operation of the Website or the electronic systems of any other person who accesses or uses the Website.
You will not link to the Website without the prior written consent of Go Wireless.
If you open an online Account with us, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.
We will use reasonable endeavours to prevent unauthorised access to and use of the Website and ensure the security of online payments. However, we shall not be liable for any loss, cost or damage you may suffer or incur as the result of any unauthorised access to the Website or our online payment systems.
All content included in or made available through the Website, including, without limitation, text, graphics, logos, button icons, and images, is our property or the property of our suppliers. You must not copy, reproduce, alter, modify, transmit, link to or otherwise distribute any information on the Website without our prior written consent.
We have not reviewed every site linked to the Website, and we are not responsible for the content of any off-site pages or any other sites linked to the Website.
Changes or updates to the Website's content, including these Terms and Conditions, may occur at any time without notice. We encourage you to visit the Website regularly for the most current information.
All orders must be made to us in writing and either online via the Website or by contacting us directly.
We will endeavour to fulfil the orders placed by you for goods. However, we are not obliged to accept any order. We may cancel any order if:
We are not able to obtain the goods from our suppliers and manufacturers within a reasonable time; or
You are in breach (or we believe you are in breach) of any provision under these Terms and Conditions.
We will notify you of any such cancellation.
Each order you make constitutes a legal offer to purchase the goods described in that order. We will advise you if we anticipate any unreasonable delay in delivering the goods you have ordered, such as when we do not currently hold those goods in stock. Regardless of any other communication between you and us concerning your order, the time of acceptance of your order shall be (unless notified otherwise):
Where we have those goods in stock, the time of shipment of those goods by us; or
Where we do not currently hold the goods in stock and must order them on your behalf from the relevant supplier or manufacturer, at the time, we advise you that we have placed the order with the relevant manufacturer or supplier.
We will notify you of any such cancellation.
You may vary or cancel an order by notice to us in writing at any time prior to our acceptance of that order. After we accept your order, you may only vary or cancel it if we agree to that cancellation or variation in writing.
If we agree to accept the cancellation or variation of your order, we may charge you a handling fee of up to 10% of the price of the goods ordered.
Any term or condition contained in your order which is inconsistent with purports to qualify or is contrary to these Terms and Conditions has no effect unless agreed to in writing by us
When using gift vouchers from Go Wireless NZ, you agree:
Gift vouchers cannot be used to purchase a further Gift voucher.
Gift vouchers cannot be exchanged for cash.
Where products purchased online with a Gift voucher are returned, a replacement Gift voucher may be issued at Go Wireless NZ's discretion.
We are not responsible if a Gift Certificate is lost, stolen, destroyed or used without permission, and no replacement will be provided in these circumstances.
4. Restrictions on the sale of Streakwave goods
We do not offer to sell, and we will not sell or distribute any goods manufactured or supplied by Streakwave Wireless Inc to any person:
Located outside the territory; or
Who buys with the purpose of using or distributing the goods outside the territory.
In clause 4.1, "territory" means New Zealand (including Chatham Islands), Cook Islands (Rarotonga), Norfolk Island, Niue, Tonga, Fiji, Samoa, Tokelau, New Caledonia, Wallis and Fautuna.
For each order made by you, the amount owing by you will be:
The price of the goods plus GST; and
Any relevant taxes, freight and packing charge(s),
in each case, as listed on the Website or otherwise advised to you by us when your order is placed.
If we do not have the goods in stock when your order is made, and the cost of acquiring the goods increases for whatever reason, we may notify you that we intend to increase the price you pay for the goods. You may proceed with the order at the increased price or cancel the order by providing us with written notice.
GST will be added to all amounts charged by us unless otherwise stated.
All prices are in New Zealand dollars.
All prices and freight, packing and insurance charges are subject to alteration without notice to you, but any alteration will not affect orders already accepted by us unless clause 5.2 applies.
Unless we have agreed to alternative arrangements with you or clause 7 of these Terms and Conditions applies, you must pay for the goods ordered and any relevant taxes, freight, packing, and insurance charges before shipment.
7. Credit account terms and conditions
If we agree to extend credit to you, the following conditions will apply:
We will invoice you for the purchase price of the goods ordered and any applicable taxes, freight, packing, and insurance charges (the "amount owing") at the time of shipment.
You will pay us in full for the amount owed for goods ordered by the 20th of the month following the invoice date.
If you do not make payment on the due date, we may:
Charge interest at 2% per month (calculated daily) on any overdue payment for the period from when payment is due until payment (together with interest) is made; and
Engage a debt collection agency or lawyer to recover payment from you. You will be liable for any costs and expenses (including legal costs on a lawyer/own client basis) incurred by us in obtaining any overdue payment; and
Stop delivery of the goods or further goods or refuse to supply further goods while any overdue payment remains unpaid.
You are not entitled to withhold payment or make any deductions from the amount owing or set off any other amount owed by us to you, whether by equitable set-off or otherwise, without our prior written consent.
We may cancel your credit account at any time at our absolute discretion. We will notify you of any such cancellation. If we cancel your credit account, any invoices provided by us and the remaining unpaid by you will immediately become due and payable.
Payment may be made using any of the following methods:
Bank cheque; or
Credit card via PayPal. Any payments by credit card exceeding $5,000 (excl. GST) will incur an additional fee of 2% of the amount payable for the goods; or
Direct credit to our nominated bank account. However, the transmission of payment into that account will not constitute payment, and you remain liable for the total amount payable until our bank acknowledges that the payment has been cleared.
We will deliver the goods ordered to the location specified in the relevant order.
We may advise you of an estimated date of delivery of the goods. We will use reasonable endeavours to deliver the goods on or before the estimated delivery date. However, delivery time will not be of the essence, and we will have no liability to you if there is a delay.
We may deliver the goods ordered in instalments.
We will not charge you for freight for orders exceeding $1,000 (excl. GST), subject to the following conditions:
We will select the method of delivery; but
If you request an alternative delivery method (e.g. Saturday or urgent delivery) and we agree to deliver the goods using the alternative delivery method, we will charge you for freight costs incurred in using the alternative delivery method.
You must inspect the goods within the following timeframes after delivery by the carrier to the delivery address:
Immediately upon delivery of the goods, you must ensure that the consignment contains all the goods ordered and there is no visible damage to the outer packaging. You must notify the carrier immediately if there is a shortfall in the consignment or visible damage to the outer packaging.
Within 7 days after delivery of the goods, for damage to the goods.
You must notify us within 7 days after delivery of any shortfall or damage to the goods. You must allow us to investigate the claim. If you do not notify us within that time, you will be deemed to have accepted that the goods comply with your order and are undamaged. We will then be under no liability to you if the goods do not comply with your order or are damaged.
In respect of any shortfall, our liability to you is limited to, at our option, making up that shortfall or refunding you the purchase price of the goods that fell short.
In respect of any damage to the goods, our liability to you is limited to, at our option, replacing the goods, repairing the goods, or refunding you the purchase price of the damaged goods.
9. Return of Goods
Goods which comply with your order may not be returned without our approval.
You must submit your request to return goods to us within 7 days after the delivery date quoting the relevant invoice number.
If we agree that you may return the goods, the following provisions will apply:
You must comply with our RMA procedures;
We may, at our option, provide you with a credit or refund the purchase price of the goods returned;
You must deliver the goods to our premises at your cost in the original condition and original packaging; and
In our absolute discretion, we may deduct a restocking fee of up to 15% of the purchase price of the goods returned.
10. Warranties and Repairs
The "Warranty Period" referred to in this clause is 12 months after the date you purchase the goods.
During the Warranty Period, we warrant (in addition to any rights you may have under the Consumer Guarantees Act 1993) that on the date of delivery, the goods are free from defects in materials or workmanship (the "Warranty").
The Warranty is solely for the benefit of the original purchaser of the goods.
If you wish to claim for breach of Warranty (a "Warranty Claim"), you must notify us of the claim within the Warranty Period (time being of the essence). You may be required to provide evidence of your proof of purchase. You will also need to comply with our RMA procedures.
To the extent permitted by law and subject to any rights you may have under the Consumer Guarantees Act 1993, our liability to you concerning any Warranty claim is limited to (at our option):
Replacement of the goods;
Repair of the goods; or
Refund of the purchase price in respect of the goods.
If we agree to your Warranty claim, you must return the goods to us for repair, replacement or refund (as determined by us). We will pay for the return of any repaired or replaced goods to you.
The Warranty described in this clause 10 does not cover damage:
From misuse, accident, improper use, failure to maintain or repair or improper maintenance, repair or installation, or any modification, adjustment or another tampering by you or any other person, whether deliberate or otherwise; or
Caused by electrical power surges, lightning storms or other acts of God.
11. Disclaimers and Liability
Subject to clause 12.1 or as otherwise expressly set out in these Terms and Conditions, all representations, conditions and warranties (express or implied) applying between us, whether under any legislation or otherwise, are excluded.
To the extent permitted by law and subject to any rights you may have under the Consumer Guarantees Act 1993:
Our liability to you or any other person claiming through you, whether under any legislation, in contract, in tort (including negligence), in equity or otherwise, for any claim, damages, loss, cost or expense that you incur as a result of:
Your use or access to the Website - is limited to $1,000 for any event or series of related events and $3,000 for all events occurring in any consecutive 12-month period;
The supply of any goods – either (at our discretion):
The cost of repair or replacement of the goods; or
The amount paid on account of the purchase price regarding the relevant delivery of goods.
We shall not be liable to you for any loss of profits or any consequential, indirect or special damage, loss, liability or injury of any kind, howsoever arising, including, without limitation, loss of business opportunity or any special or punitive damages) suffered by you or any other person. This exclusion of our liability applies to all claims, including (without limitation), under our agreements with you or in negligence.
12. Consumer Guarantees Act 1993
Purchases made for personal use: If the goods you order from us are purchased for your own personal use and not for any business purpose, you may have the protection of guarantees provided under the Consumer Guarantees Act 1993. We will honour our obligations under the Act if you discover that the goods:
Are or become faulty through no fault of your own;
Are not fit for their usual purpose or a purpose that you specifically made known to us before sale;
Do not match the description of the goods that we gave you;
Have defects that we did not make you aware of or were not obvious when you bought the goods.
Purchases made for business use: If you purchase, or hold yourself out as purchasing, the goods you order from us for the purpose of a business, then:
For the purposes of section 43(2) of the Consumer Guarantees Act 1993, you agree that the provisions of that Act will not apply to any contract between you and us concerning the supply of those goods by us; and
Are not fit for their usual purpose or a purpose that you specifically made known to us before sale;
You acknowledge that you have assessed the suitability and fitness of the goods for each purpose and use to which you will put the goods. You have relied on your own skill and judgement in making that assessment.
Resupply of goods in trade: If you resupply in trade to any other person ("your customer") any goods that you have purchased from us and your customer acquires or holds themselves out as acquiring those goods for the purposes of a business, then you:
Must include a term in the contract with your customer that the goods are being acquired for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply in respect of those goods, and you must ensure that your customer agrees to that in writing;
Must not make any representation concerning the performance, quality or application of the goods without our prior written approval;
Indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions; and
Will you provide us with evidence of your compliance with this clause 12.3 if we ask you to.
13. Return Merchandise Authorisation Procedure
If you want to return any goods to us at any time (whether for repair, replacement or refund under these terms and Conditions), you must comply with our return merchandise authorisation (RMA) procedures.
You must first contact us by email, providing the following:
A description of the goods
The serial number of the goods; and
A full description of the fault, defect or other reason for return.
We will contact you upon receipt of your email to discuss the issues raised. You must provide complete and accurate information to allow us to assess the nature of the defect or problem. We will issue you an RMA number if we agree that the goods may be returned. All correspondence concerning the return of the goods must include a reference to this RMA number.
On receipt of an RMA number, you must, as soon as reasonably practicable, return the goods to us in their original packaging together with the following:
A fully completed RMA request form, which may be downloaded from the Website; and
The relevant RMA number.
If goods are inside their Warranty period, we will pay for the costs associated with the following:
Repair/replacement of the goods; and
The cost of shipment of the replacement/repaired goods to you.
Subject to any liability we may have at law if the goods are outside the Warranty period, you are responsible for all costs (including parts and labour) associated with the return, repair or replacement of the goods unless we agree otherwise in writing.
14. Property and Risk
Risk in the goods (including responsibility for insurance) shall pass to you on delivery of the goods to the address specified in the relevant order.
Property (ownership) of the goods will not pass to you until all amounts owing concerning the supply of those goods have been paid in full.
15. Security interest in the goods
We retain a security interest in the goods and their proceeds until you make full payment for them and all other goods we have supplied. Until then (despite any other provision in these Terms and Conditions):
We have a security interest in the goods and their proceeds; and
You must store the goods at your premises specified in this document in such a way that they are clearly identified as our collateral; and
If the goods are processed or commingled into any other property, we will have a security interest (as defined in the Personal Property Securities Act 1999 (the “PPSA”) in the processed and commingled goods (and their proceeds); and
You may sell the goods but only in the ordinary course of business to your customers. You must identify and separately account for the proceeds of the sale.
If you breach these terms of sale, we may, without prejudice to any other rights or remedies we may have, immediately repossess the goods and dispose of them in any way we see fit, stop further deliveries to you, or cancel any contract with you.
To repossess the goods, you hereby consent that our representatives or we may enter your premises without notice and remove the goods without being liable to you or any person claiming through you. If the goods are attached to or are incorporated in any other property, our representatives or we may disconnect or sever the goods in any way to remove them. If this happens our representatives nor we will be liable to you or any person claiming through you.
You acknowledge that this is a security agreement and that we may register a financing statement regarding this agreement.
You must immediately, on request by us, sign all things and do all other things to ensure we obtain a first-ranking security interest in the goods and other collateral under this agreement (including, without limitation, procuring the consent of any other secured creditor who will hold or holds security over the goods or other collateral).
You waive your right to do any of the following:
Receive notice of our intention to sell collateral under section 114(1)(a) of the PPSA;
Receive a statement of account under section 116 of the PPSA;
Receive notice of any proposal we make to retain collateral under section 120(2) of the PPSA;
Object to our proposal to retain any personal property under section 121 of the PPSA;
Not have the goods damaged or other collateral when the Supplier removes an accession under section 125 of the PPSA;
Not be reimbursed for damage caused when the Supplier removes an accession under section 126 of the PPSA;
Refuse permission to remove an accession under section 127 of the PPSA;
Receive notice of the removal of an accession under section 129 of the PPSA;
Apply to the Court for an order concerning the removal of an accession under section 131 of the PPSA;
Reinstate the contract under section 133 of the PPSA;
Receive a copy of the verification statement confirming registration of a financing statement or a financing statement relating to the security interest created by this agreement.
You acknowledge that the Credit (Repossession) Act 1997 will not apply if you acquire the goods for business purposes.
16. Errors or Misdescriptions
Errors or misdescriptions (in computation or otherwise) in any advertising, quotation, statement or invoice may be corrected at any time by us.
You must obtain any necessary permits and comply with all relevant laws concerning the installation and operation of the goods.
18. No Assignment
You may not assign any of your rights under your agreement with us to any other person without our written consent.
These terms cannot be waived or modified by word of mouth or conduct. All modifications and waivers must be agreed to in writing by us. Any modifications or waivers only operate in respect of a single order unless otherwise agreed to in writing by us.
We may vary these Terms and Conditions from time to time. The varied Terms and Conditions will be posted on the Website. You agree that the varied Terms and Conditions will apply to all new orders you may make after they are posted on the Website.
You may not hold yourself out as being our agent.
22. Force Majeure
We are not liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform any term of this agreement where the delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, the intervention of a government, inability or hindrance in obtaining labour, materials or facilities, accidents, interruptions of, or delay in transportation or any other cause beyond our reasonable control.
23. New Zealand Law
This document's validity, construction and performance are governed by New Zealand law. The parties will submit to the exclusive jurisdiction of the courts of New Zealand to determine any matter concerning their rights and obligations.
We may collect information about you when:
You access and use the Website; and
You open an Account with us and order any goods.
Some of your information will be personal information (such as name, address, email, phone numbers and goods you purchase). We only collect and use personal information to operate our business (including maintaining your Account and supplying goods and services in the manner contemplated by these Terms and Conditions).
When you provide us with personal information, we are obliged to comply with the provisions of the Privacy Act 2020. We will only collect, hold, use and disclose that information in accordance with the principles set out in the Act. This means we will:
Use personal information only for the purpose we collect it for;
Retain that information only for so long as necessary to fulfil the purpose for which we have collected it;
Disclose or release it to a third party only where we are required to, or we are permitted by law to do so, if you have authorised the release or disclosure, or where it is the purpose (or a directly related purpose) for which the information was collected.
If you think we have breached the Privacy Act or would like to learn more about our obligations, information is available on the Privacy Commissioner's website at www.privacy.org.nz.
If you wish to enquire about the personal information we hold about you (if any), you can contact us using the contact information on the Website.
To assess your financial standing, trading history and trade practices, you authorise:
Us to provide any agency (within the meaning in the Privacy Act 2020) with any information collected by us from you (and any guarantor); and
Us to collect any information from any agency about you (and any guarantor); and
Any agency to provide us with any information we reasonably require about you.
25. Dispute Resolution
Please get in touch with us using the contact information on our website if you have a complaint.
We will attempt to resolve any disputes between us in good faith before commencing legal proceedings. This clause will not apply to an application by either party seeking urgent and declaratory relief from any court.