ONLINE SALES TERMS AND CONDITIONS (“TERMS”)
In these terms and conditions “we” and “us” and “TTI” and “Hoover” mean Techtronic Industries N.Z. Ltd, and “you” means you as the customer. By placing an order through this website (“Website”), you agree to the terms set forth below along with TTI’s Privacy Policy and Website Terms of Use. These Terms together with your Order Confirmation constitute the contract between us and you for the supply of products. No other terms and conditions shall apply. The contract cannot be changed unless TTI agrees to change it in writing or by email.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO CEASE USING THE WEBSITE. THESE TERMS ARE EFFECTIVE IMMEDIATELY.
Passwords and Security
If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. TTI employees will never ask you for your password. The information we obtain through your use of this Website, including your registration information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms. You also agree to ensure that you sign out of your account at the end of each session on the Website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time (in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms).
Return Policy
For some products TTI will offer a 30 Day Money Back Guarantee. For any product in its original, undamaged condition, you can return it to us along with the sales receipt within 30 days of the date you received the product. We will provide a refund of the purchase price, less any shipping and handling fees from the original order. You are responsible for the cost of shipping. Items will be checked on return and must be undamaged and complete, including all attachments and accessories. To return a product, call 0800 126 688.
Additional TTI Product Terms
The purchase and use of TTI products is subject to additional terms and conditions found in our Warranty page.
Pricing and Price Corrections & Promotions
TTI reserves the right to change prices for products displayed on the Website at any time, and to correct pricing errors that may inadvertently occur. Only one coupon code may be used per order. TTI may cancel coupon codes or promotions at any time.
Payment Methods
Payment methods are specified on the Website or told to you at the time you place your telephone order. The name on any credit card used for payment must match the name on the order. If your payment cannot be processed, your order will be rejected and you will be prompted to review the details provided or use an alternate payment method.
Order Acceptance/Confirmation
TTI may, in its sole discretion, refuse or cancel any order and limit order quantity. TTI may also require additional qualifying information prior to accepting or processing any order. Once we receive your online order through the Website, we will provide you with an email Order Confirmation. Your receipt of such order confirmation, however, does not signify TTI’s acceptance of your order, nor does it constitute confirmation of our offer to sell – this merely confirms that we received your order. TTI reserves the right at any time after receiving your order to accept or decline your order for any reason. If TTI cancels an order after you have already been billed, TTI will refund the billed amount. This Website does not process credit cards, or take other payment processing information. Payment processing is handled through third-party services. Your credit card will be pre-authorized for the total (or first payment) upon order, credit card is charged before the product is shipped.
TTI sells and ships products, through this website, to end-user customers only. TTI reserves the right to refuse or cancel your order if we suspect you are purchasing products for resale. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the products you have purchased, you agree that we may, at our option, require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by any means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses.
To prevent any unnecessary delays processing your order, please ensure that the billing address on your order matches the billing information on your credit card account. If you have recently moved, or are unsure whether you receive your credit card statement at your work or home address, please contact your card-issuing bank.
Shipping & Delivery
TTI ships items within New Zealand. Shipments can be made to P.O. Box addresses if the shipment is under 20kgs and 1.5 metres in length. Shipments cannot be made to addresses outside of New Zealand. You may not export any products purchased through the Website. Additional shipping surcharges may be applicable on some orders based on the product selected and/or recipient’s location. The delivery date of your order can be impacted by many events beyond TTI’s control once it leaves our facilities. For this reason, TTI cannot be held liable for any delays in scheduled deliveries.
Product Availability and Limitations
Given the popularity and/or supply considerations for some of our products, TTI reserves the right to limit the number of products available for purchase, and reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when TTI confirms your order but subsequently learns that it cannot supply the ordered product. In the event TTI cannot supply a product you ordered, we will cancel the order and refund your purchase price in full.
Limitations of Liability, Disclaimers, & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Website shall be limited to the amount you paid us for products purchased on the Website during the 12-month period before the act giving rise to the liability. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
IN NO EVENT SHALL TTI OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY ASSISTANCE (SUCH AS CREDIT CARD PROCESSORS) IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
TTI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Governing Law
This Website (excluding any third party websites) is controlled by us from our offices located in Mt Waverly, Victoria, Australia , and the statutes and laws of the state of Victoria shall be controlling, without regard to the conflicts of laws principles thereof. With respect to all matters arising under these Terms, you agree to and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts of the state of Victoria having competent subject matter jurisdiction.
BY USING THIS WEBSITE, YOU:
- acknowledge that you have read and understand this agreement in its entirety;
- represent that you are at least 18 years old and have the authority to enter into this agreement;
- agree to be bound by and to perform the obligations of this agreement;
- agree that TTI may charge your credit card account or supplied payment method for the purchase price of the products, including related shipping and handling fees, and applicable taxes we are obligated to collect from you (if any) under this agreement; and
- represent that all information provided by you to TTI is true and accurate to the best of your knowledge.
It is strongly recommended that you print a copy of this agreement for your records at this time.
