Terms Of Service
THE REMOTE WAREHOUSE
TERMS AND CONDITIONS OF TRADE AND WEBSITE USE
This website is operated by Remote Warehouse Limited. Throughout the site, the terms “we”, “us” and “our” refer to Remote Warehouse Limited. By visiting our website and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site. If you do not agree to these Terms, then you are not authorised to access and use this website and you must immediately stop accessing the website.
Where your access and use of this website is on behalf of another person (e.g. a company), you confirm that you are authorised to and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
We may amend these Terms at any time by updating them on our website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the website without notice or liability.
A breach or violation by you of any of the Terms may result in an immediate termination of Services.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependants to use this site.
You must provide true, current, and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete.
Once you are given a User ID and password, you must keep your User ID and password secure and:
(a) not permit any other person to use your User ID or password, including not disclosing or providing it to any other person; and
(b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID or password, by sending an email to email@example.com.
You must not post, upload, distribute, store, create or publish through our website any message, data, information, text, music, sound, photos, graphics, code or any other material that is false, unlawful, discriminatory, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, advocates harassment of another person, is considered by us (in our discretion) to amount to hate speech, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We have made every effort to display as accurately as possible the colours and images of our products in our Service that appear on the website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products in our Service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following posting of changes to these Terms constitutes acceptance of those changes.
PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
Subject to clause 23.3, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors without our prior written consent.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
MARKETING, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
From time to time, we would like to send you information about products, Services or other topical commercial informational, promotional or marketing material that relate to us or our affiliates and third parties that we consider that you may be interested in. You consent to us forwarding such information to you by email. Should you wish to cease receiving this information you may unsubscribe from it at any time using the process set out in the emails that you will receive in respect of this information.
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, country, federal, provincial or state regulations, rules, laws, or local ordinances (including, but not limited to, copyright laws); (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
All prices on our website are shown in New Zealand dollars and shall include New Zealand GST.
Payments made through the website must be made by an Australasian (Australian or New Zealand) issued credit card.
For your security, we do not store credit card information for online orders. Our website is powered by Shopify and all payments made through our website are processed through a third-party provider.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If a product'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.
You agree to purchase products through our Service by submitting orders to us in accordance with our online order process from time to time.
All orders are subject to acceptance by us and shall not become binding on us until acceptance is notified in writing by us to you.
Email confirmation by us of your order and payment made via our website does not constitute acceptance of that order by us, and we shall accept all such orders by expressly advising you in writing (including email) that the order has been accepted and/or the products ordered have been dispatched.
Please choose your purchases carefully. Subject to clause 14.10, you agree that once you have submitted an order to us you may not revoke or cancel the order.
We may cancel all or any part of an order at any time prior to acceptance of that order by us. Should we cancel all or part of an order in terms of this clause, we shall refund any amount paid by you in respect of such an order and you acknowledge that such refund is its only right and remedy in respect of any such cancellation. Any such cancellation shall be without prejudice to any rights and remedies of us should cancellation be due to a breach or non-compliance by you with these Terms.
We may alter our price prior to acceptance of any order and shall notify you of any such alteration. You may agree to pay the increased price or may cancel your order by notice in writing to us and you shall be entitled as your sole remedy in respect of such cancellation to a refund of any part of the purchase price paid in respect of any such order for products.
We may, at our sole discretion, allow cancellation of an order for products that has been made by you but has not been dispatched and you acknowledge that should we agree to such cancellation we may charge handling and administration charges involved in cancellation of such an order of up to 10% of the GST inclusive value of such products.
Standard orders must be received by 1PM Local New Zealand time Monday-Friday, to be eligible for shipping the same day, subject to availability. If any items are backordered, we will contact you with estimated delivery.
We endeavour to ship standard orders within two Business Days of confirmation of the order and receipt of payment for it, subject to availability.
If an order is made from our website and has not been despatched by us within 30 days from the delivery date advised by us, you may cancel your order by notice in writing to us and we will refund any payment made in respect of that particular order.
CHECKING YOUR ORDER STATUS
The best way to check the status of your online orders is to log into your account on our website. Alternatively, you can email firstname.lastname@example.org . Please reference your order number in your email so that we will be able to respond to you promptly.
RECEIVING YOUR ORDER
Upon receipt of your purchase, please check that all items on your packing slip have been accounted for. Carefully unpack and inspect the condition of all products, taking care not to damage the manufacturer's original packaging.
Do not fill out the manufacturer's warranty cards or throw away any packaging materials such as boxes, instructions, inserts, bags, etc. until you are completely sure you want to keep the products. We cannot accept merchandise for return unless it is in its undamaged original internal and external packaging and delivered to us in the same new condition as sold, with literature, instructions, accessories, and blank warranty cards intact. There is a minimum 15% restocking fee for any marked, damaged, or unrepairable packaging.
All claims for damaged or missing items must be reported to us within three (3) Business Days of receipt of the item. In the event your package arrives damaged, it is the responsibility of you, the customer to contact the shipping carrier to inspect the package to assure full refund or replacement.
We will not be responsible for any consequential or incidental damage resulting from the sale or use of any item purchased from us. It is important to read all instruction materials before using your equipment.
RETURNS AND REPAIRS
If your product is faulty, damaged on arrival or not working, and is within the warranty period, you will need to lodge a return request. You can return the product to us for assessment after filling out the return request form available from our website. Before returning any merchandise, please submit a return request to email@example.com .
If the warranty period on a product has expired, we will make reasonable endeavours to either facilitate the repair in house, liaise with the appropriate repair agent or the manufacturers' authorised service centres to have this resolved for you to the best of our ability.
Subject to clause 23.3, out of warranty repairs may incur fees to be paid by you depending on what needs to be serviced or replaced. These fees are usually comprised of labour, parts, shipping, and an assessment costs.
Before submitting a return request, we recommend you: (a) review your product instructions to confirm you have used the item correctly. (b) visit the manufacturer’s website to see the frequently asked questions, downloads, and tutorials.
If a returned product is found to have no fault it will be returned as is, and an assessment fee may be charged.
RETURNS, REFUNDS AND CREDIT
All returns must include a completed return request. A return request is available to print/ download from the website.
Any return requests for change of mind or exchange must be made within fourteen (14) days of your receipt of the product and are subject to approval. Refunds and store credits will not be offered for products and Services without good reason.
Products can be returned only if they are in original internal and external packaging and delivered to Remote Warehouse in the same new condition as sold with literature, instructions, and blank warranty cards intact. Unless defective, a discretionary minimum 15% restocking fee will be charged on opened box products that we stock.
Once the return has been finalised any refunds will be issued by the original payment method, or a store credit offered within 14 business days of its approval. Please note a 2.5% fee applies to credit card, EFTPOS, or other online payment services provider refunds.
Refunds for orders cancelled for reasons other than inability to supply, or unreasonable delay, will incur a payment processing fee which will be deducted from the total amount refunded. The current payment processing fee is 2.5% of the total order amount.
Orders cancelled for an exchange of goods of the equivalent value, or cancelled for store credit, will not incur a processing fee, unless a refund of the store credit is requested on a later date.
While we make every effort to inform website users of the details of the products we carry, it is ultimately the site user's responsibility to understand the specifications, capabilities and limitations of the products purchased. Failure on your part to do so does not warrant a no-charge refund or exchange.
Subject to clause 23.3 and to the maximum extent permitted by law, we provide no warranty that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Where a product supplied by us is for use with a door motor, door opener, gate motor or receiver(s) that is obsolete or greater than ten (10) years old, we supply it on an "as is where is" basis. We take no responsibility and accept no liability for any costs, loss, or damage due to failure of such door motor, door opener, gate motor or receiver(s) or failure of the product supplied to work with such door motor, door opener, gate motor or receiver(s).
OUT OF STOCK AND SPECIAL ORDERS
If a product on our website is out of stock, we will endeavour to update our website with such information and an estimate of when the product will be back in stock.
If you have ordered a product and it subsequently becomes out of stock before your order can be fulfilled by us, we will contact you to confirm the product backorder status and whether you wish us to place your order on hold until it becomes in stock, or to cancel your order and refund you the purchase price paid.
Special orders may be negotiated with us directly. Full payment up front is required for any special-order products (backorders, large orders, products not usually carried in stock).
Special order products are generally not returnable for a refund or store credit.
DELIVERY AND SHIPPING
We use third party providers to ship orders. By using our third-party shipping providers, you agree to be bound by the terms of delivery of our respective shipping partners. Please refer to our shipping partners websites for full-service terms and conditions.
Once we dispatch an order to you, you will receive an automated email from us with your courier tracking number details.
At our sole discretion, the costs of delivery are included in the Service price, or in addition to the Service price, or for your account.
RISK AND LOSS IN TRANSIT
Our delivery of products or orders to a third-party shipper or courier for delivery to your nominated delivery address is deemed delivery for the purpose of these Terms.
We shall not be liable for any loss or damage whatever due to failure of the third-party shipper or courier to deliver the products or order, provided however, that where we are able to claim against the shipper for such loss, we will replace your product or order at our own cost to the extent such cost is recoverable by us from the shipper.
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
Where we have designed, drawn, manufactured, branded or written products and or Services, then the copyright in those designs and drawings, items and documents shall remain vested in us, and shall only be used by you at our discretion.
You acknowledge and agree that we have copyright in our website, designs, logos, names, brands, photographs, digital images, videos, and all other writings of us in terms of the Copyright Act 1994 and you agree that you shall comply with all terms and conditions relating to our copyright materials as may be posted on our website or otherwise provided to you from time to time.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website and Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
CONSUMER GUARANTEES ACT 1993 AND FAIR TRADING ACT 1986
If you are acquiring products or Services for the purposes of a trade or business or for commercial or investment purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of products or Services by us to you.
If you are acquiring products or Services for the purposes of a trade or business you agree that you have ordered products or Services based on your own judgement and you do not rely on any representation made by us in respect of any aspect of the products or Service supplied and accordingly we and you agree to contract out of sections 9, 12A, 13 and 14(1) (as applicable) of the Fair Trading Act 1986.
Notwithstanding any other provision in these Terms, where the products or Services are supplied for personal, domestic, or household use by you, these Terms shall be read as subject to the Consumer Guarantees Act 1993 and Fair Trading Act 1986 and clauses 23.1 and 23.2 do not apply.
Neither we nor you shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm, pandemic, epidemic or other event beyond the reasonable control of either us or you.
To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss in connection with: (a) the website being unavailable (in whole or in part) or performing slowly; (b) any error in, or omission from, any information made available through the website; (c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the website. For the avoidance of doubt, you are responsible for ensuring the process by which you access and use the website protects you from this; and (d) any link on the website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The views, opinions or positions expressed by the website users and those providing comments are theirs alone, and do not necessarily reflect the views, opinion, or positions of us or any employee of ours.
We reserve the right to delete, edit, or alter in any manner it sees fit, entries or comments that it, in our sole discretion, deems to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, is determined (at our discretion) to amount to hate speech or is otherwise unacceptable.
We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to refuse Service to anyone for any reason at any time.
LIMITATION OF LIABILITY
Subject to clause 23.3, except for any express written warranty in these Terms or otherwise provided to you, we provide no other warranty, expressed or implied, including any implied warranty of merchantability or fitness for purpose or otherwise and any warranties expressed or implied by law, in respect of our products and Services whether in respect of quality, fitness for intended purposes or otherwise, are excluded to the maximum extent permitted by law.
To the maximum extent permitted by law, in no case and, shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, compensatory or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
You agree to indemnify, defend, and hold harmless Remote Warehouse Limited and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate or deny your website use and our Services (or any part thereof) to you at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against us, the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
Business Day means any day other than a Saturday, Sunday, or public holiday in New Zealand.
GST means goods and services tax payable in terms of the Goods and Services Tax Act 1985.
Service means our website www.remotewarehouse.co.nz and the services and products we trade in.
User ID means the unique user identification allocated to a user on registration of an online account with us.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org