Smartkat New Zealand

Terms & Conditions

TERMS OF USE

PLEASE READ CAREFULLY

GENERAL TERMS AND CONDITIONS1) APPLICABILITY

2) CONCLUSION OF THE CONTRACT

3) CANCELLATION POLICY & RIGHT OF WITHDRAWAL

4) PRICES AND PAYMENT TERMS

5) DELIVERY AND SHIPPING CONDITIONS

6) LIABILITY FOR DEFECTS

7) APPLICABLE LAW

8) RESERVATION OF TITLE

9) WARRANTY

10) FINAL CLAUSE

CUSTOMER INFORMATION

1) INFORMATION ABOUT SELLER IDENTITY

2) ESSENTIAL CHARACTERISTICS OF OUR GOODS AND SERVICES

3) CONCLUSION OF THE CONTRACT

4) PAYMENT AND DELIVERY

5) TECHNICAL STEPS LEADING TO THE CONCLUSION OF A CONTRACT

6) SAVING THE CONTRACT TEXT

7) TECHNICAL MEANS FOR RECOGNIZING AND CORRECTING INPUT ERRORS

8) LANGUAGE AVAILABILITY FOR CONCLUSION OF THE CONTRACT

GENERAL TERMS AND CONDITIONS

1) APPLICABILITY
Following terms and conditions of Smartkat New Zealand Limited (hereafter referred to as “seller”) apply for all contracts that a private customer (hereafter referred as “consumer”) or corporate customer (hereafter referred to as “customer”) concludes with the seller regarding the merchandise and services offered by the seller in the webshop. The inclusion of the customer’s own conditions is hereby excluded unless other terms have been agreed. A consumer is defined as any individual concluding a legal transaction with a purpose that can be ascribed to neither his/her commercial nor to his/her freelance activity. A corporate customer is defined as any natural/legal entity or a business partnership with legal status, which acts in fulfillment of his/her/its commercial or freelance activities when concluding a legal transaction.

2) CONCLUSION OF THE CONTRACT
The presentation of our products and services in our online shop does not represent a binding offer, but rather a non-binding online catalog. By clicking the order button you are submitting a binding order for the goods in your shopping cart. A confirmation of the order is sent to you by email immediately after the order is sent and does not yet constitute acceptance of the order.
We accept your order by sending a statement of acceptance in a separate email or by delivery of the goods within the selected transport option, with receipt by the customer being authoritative. Delivery terms indicate working days. Working days are weekdays with the exception of Saturdays, Sundays and public holidays in Germany and Austria.
A binding contract can also be entered as follows:

Advanced payment: The contract is engaged upon the immediate sending of the confirmation by email or by the request for payment in our online shop.

PayPal: The contract is engaged at the time of your confirmation of the payment order to PayPal.

Bank transfer: The contract is engaged at the time of the delivery of a proof of payment, or funds into the seller’s bank account.

3) CANCELLATION POLICY & RIGHT OF WITHDRAWAL

The consumer has the right to withdraw from the contract within 14 days without giving any reason but will have to pay a fee equal to 70% of the sale price to the seller. The withdrawal period will expire after 14 days from the day on which you purchase, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us about your decision to withdraw from the contract by an unequivocal statement (e.g. a letter, email):
Smartkat New Zealand Limited
PO Box 297
Turangi 3353
New Zealand
Telephone: +64 (0) 21 0299 0540
To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from the contract no later than fourteen days after the date on which communication of your withdrawal from this contract was received by us, we will reimburse you the remaining amount (30%) of the sale price for the products on the order we have received from you. You must bear the direct costs of returning the goods. For the reimbursement, we will use the same payment method you used for the original transaction, unless something different was agreed. We may withhold the reimbursement until the goods have been returned to us for inspection.
You must send back or drop off the goods to us no later than 14 days after the date on which you informed us of the withdrawal from the contract. The deadline is met if you send the goods prior to the expiry of the 14-day deadline. You are also liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

4) PRICES AND PAYMENT TERMS

All our prices in the webshop are final and include the statutory New Zealand GST. Additional delivery and shipping costs that may apply will be stated separately in the offer for each product.

We offer the following payment options:

– Bank transfer
– PayPal
– Pay on pick-up
For deliveries to countries outside New Zealand, in individual cases, additional costs for which the seller is not responsible may apply and must be borne by the customer. These include, for example, costs for money transfer by credit institutes (e.g. bank transfer fees, foreign exchange fees) or import duties or levies (e.g. customs duties).

5) DELIVERY AND SHIPPING CONDITIONS

The goods will be delivered to the delivery address specified by the customer. For processing the transaction, the seller’s delivery address stated in the order processing is deemed authoritative. Deviating from this, if payment by PayPal was selected, the delivery address the customer specified at the time of payment is authoritative.
All products have a minimum delivery timeframe of 7 working days, if not indicated otherwise. Our delivery is conducted by our premium partners for domestic transport.
The seller offers the following delivery methods: Urban or Rural delivery in New Zealand. Other delivery methods only by individual request. Other delivery options entail additional charges that must be borne by the customer.
The following shipping costs for delivery will apply for every Smartkat (2 boxes with 185 x 32 x 32 cm):
Delivery within New Zealand: FREE SHIPPING
Worldwide Delivery: 1000 NZD
In New Zealand, the delivery time is 7 working days for urban deliveries and 10 working days for rural deliveries. For countries outside New Zealand, shipment shall take place within 2-3 days and delivery depends on the transport partner.
In the case that not all ordered products are in stock, we are entitled to make partial deliveries at our expense, insofar as this is reasonable for you.
If the delivery of the products fails three times, we are entitled to withdraw from the contract.
If goods are delivered with obvious transport damages do not accept the delivery. Please get confirmation from the deliverer about the parcel and get in contact with us as soon as possible (contact@smartkat.nz / Tel.: +64 (0) 21 0299 0540.
Failure to file a complaint or get into contact with us has no consequences for your legal warranty rights. However, you will be helping us to be able to assert our own claims against the carrier or the transport insurer.

6) LIABILITY FOR DEFECTS

The statutory liability for defects shall apply.

7) APPLICABLE LAW

The laws of the country of New Zealand apply for all legal relationships of the parties, excluding the laws governing the international sale of commodities. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory legal provisions of the law of the country or state in which the consumer normally resides.
If the customer is a merchant, public entity or a special fund under public law, the sole place of jurisdiction for all disputes resulting from this contract is the seller’s business location (Omori, New Zealand). The same applies if the customer has no general jurisdiction in New Zealand or residence, or if the usual place of residence is unknown at the time of commencement of an action. The authority to also invoke the court of another legal jurisdiction remains unaffected by this.
Language: The contract language is English.

8) RESERVATION OF TITLE

The goods will remain our property until the payment is made in full. Before the transfer of ownership, the customer is not entitled to pledge, assign as security, process or remodel merchandise without our consent.

9) WARRANTY
The warranty is subject to the statutory provisions.

10) FINAL CLAUSE
If any provision of these Terms and Conditions is or becomes invalid, the remainder of the contract shall remain valid. In place of the invalid provision, the relevant statutory provisions shall apply.
CUSTOMER INFORMATION

1) INFORMATION ABOUT SELLER IDENTITY

Smartkat New Zealand Limited
PO Box 297
Turangi 3353
New Zealand
Tel.: +64 (0) 21 0299 0540

2) ESSENTIAL CHARACTERISTICS OF OUR GOODS AND SERVICES
The essential characteristics of the goods or services result from the respective product description posted in our online shop.

3) CONCLUSION OF THE CONTRACT

The contract is entered into in accordance with the section “2) Conclusion of the contract” of the seller’s General Terms and Conditions (see above).

4) PAYMENT AND DELIVERY

Payment takes place in accordance with the section “4) Prices and payment terms”, and delivery in accordance with “5) Delivery and shipping conditions” of the seller’s General Terms and Conditions (see above).

5) TECHNICAL STEPS LEADING TO THE CONCLUSION OF A CONTRACT

The conclusion of a contract takes place by way of offer and acceptance. If the customer is using our online order, the offer is submitted as follows:
On our webshop page, the customer first clicks on the “Add to cart” button. A small window then opens at the top right of the screen showing the content of the cart. Next, the customer either clicks on “Cart” to open up a new page or directly on the “Checkout” button to start the ordering process.
The ordering process is divided into the following steps:
Summary
This provides a summary of all of the items in the cart (with an option for changing the quantity). Clicking the “Proceed to checkout” button takes the customer to the next page.
Login
The customer either creates a new account or has previously registered, enters the customers email address and password.
Address -> Entry of billing and delivery address
The customer enters the delivery and billing address and also has the option of entering a different delivery address. After completing the form, the customer then clicks the “Next >>” button.
Shipping -> Overview of shipping costs
The customer selects from the overview of shipping costs and clicks the “Proceed to checkout” button.
Payment -> Selection of payment option
A new page opens, giving the customer an overview of the available payment options. Below the payment options is a summary of the order the customer is placing and the customer must then agree to the Terms and Conditions and the right of withdrawal. The customer submits the order by clicking the “Confirm with the obligation to pay” button.
Acceptance takes place in accordance with the section “2) Conclusion of the contract” of the seller’s General Terms and Conditions (see above).

6) SAVING THE CONTRACT TEXT

After the customer submits the order, the contract text is saved by the seller and sent to the customer along with the terms and conditions and customer information in text form (e.g. letter, email). After submitting the order, the customer can access the contract text on the seller’s website.

7) TECHNICAL MEANS FOR RECOGNIZING AND CORRECTING INPUT ERRORS

Prior to submitting the order, the customer can continuously correct the entered information via the normal keyboard and mouse features. In addition, all information entered prior to the binding.

8) LANGUAGE AVAILABILITY FOR CONCLUSION OF THE CONTRACT

Only English is available for concluding the contract.