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1. Customer Acknowledgement You acknowledge agreement with these Terms & Conditions of Sale by the placement of an order to purchase a product from Cybergenics-au.com (Cybergenics), using our site and/or registering on our site.. In addition, by placing an order on this website you are confirming that you are eighteen years of age or older, you are the same person as named on the credit card used to make the purchase or that you have authorisation from the credit card owner to use such credit card, and that all information you provide is accurate and complete. 2. Governing Law The Terms and Conditions of Sale and all contracts for the supply of goods and services by Cybergenics shall be governed by and in accordance with New Zealand law and the customer submits to non-exclusive jurisdiction of the New Zealand courts. All sales shall be deemed made in the New Zealand, regardless of your location as a customer. 3. Purchase Price and Pricing Policy Prices quoted on the website are inclusive of GST where applicable but exclusive of shipping charges which are shown separately,and any customs charges and taxes levied outside Australia and New Zealand.. Prices are subject to change without notice.While Cybergenics uses reasonable efforts to include accurate and up-to-date information on this website, we make no representations or warranties as to its accuracy. Cybergenics-uk.com assumes no liability or responsibility for any typographical or other errors or omissions in the content on this site. In the event that a product is listed at an incorrect price or with other incorrect information due to a typographical or other error, we shall have the right to refuse or cancel any orders placed for the product listed incorrectly. Cybergenics shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card has been charged. If your order has been cancelled, we will notify you by phone or e-mail within 24 business hours. If your credit card has already been charged for the purchase and your order is cancelled, Cybergenics shall issue a credit to your credit card account in the amount of the charge. If a product offered by Cybergenics is not as described your sole remedy is to return it to Cybergenics for a refund. 4. Shipping and Handling Charges Please refer to the "shipping charges" link during the checkout process for shipping and handling charges. 5. Payment Terms Cybergenics accepts Visa/ MasterCard and Paypal, as the payment options for your online purchase. Your credit card will not be charged until the product is shipped. Payment for orders by telephone or by cheque/money order can be made offline subject to the terms and conditions outlined here. 6. Promotions All promotions are subject to availability and inventory. Cybergenics reserves the right to change, alter or cancel promotions at any time without notice. 7. Product Substitutions Product substitutions will not be made without your express agreement. Cybergenics reserves the right to substitute comparable products of equal or greater value to your original order for out of stock items. In the event we do not have sufficient inventory to ship your order, we will notify you by phone or e-mail. At that time we will provide you with the opportunity to accept the comparable product or cancel the order. Product packaging displayed on the website may not match the product packaging that is shipped to you. 8. Manufacturer’s Warranty Cybergenics do not manufacture all of the products sold on this website, and any warranties, express or implied are subject to those made by the manufacturer of the products. . 9. Web/Phone Orders Online and phone orders of in-stock products received on Monday – Friday will ship within 2 business days of receipt. Orders received on holidays or weekends will be processed on the next business day. New Zealand customers can place phone orders by calling 09 300 4525 (within New Zealand) For overseas customers, dial +61 7 55 476 946. Australian Customers can call Freecall on 1800 818 343 within Australia. Customer Service Representatives are available to take orders Mon - Fri during normal working hours. 10. Order Acknowledgement Upon receipt of your online order you will receive an order acknowledgement via e-mail. Order acknowledgement provides: - Order confirmation number
- Customer shipping, billing information
- Products ordered
- Total cost of order
11. Deliveries While Cybergenics will endeavour to meet quoted processing and despatch times, any period for delivery is estimated and is not a contractual commitment. Shipping times will depend on the shipping service selected by the customer, and Cybergenics shall not be liable for any damages or losses arising out any delays. Whilst we can provide proof of shipping, we do not accept liability for non-delivery of goods arising through loss in transit except where insured shipping is selected by the customer. Insured and courier shipping is an available option. 12. Returns Returns of products are subject to our current return policies, which are detailed separately and should be read in conjunction with these terms and conditions. . 13. Customs and Quarantine Clearance Whilst Cybergenics will not knowingly ship to countries where difficulties may arise, we are unable to accept responsibility for failure of any products to clear Customs in any country, except New Zealand and Australia. In the event of any goods held by Australian or New Zealand Customs, we will either arrange a replacement or a refund, at our discretion. Customers would need to check with their local customs office if they are unsure about clearance processes. 14. Alterations and Amendments Cybergenics reserves the right to alter or amend these terms and conditions generally at any time and for any reason. 15. General In the event that any part of these Terms and Conditions of Sale are deemed invalid, illegal or unenforceable, by statute,that part of these Terms and Conditions shall be deemed not to apply and the remaining terms shall continue in full force and effect. Cybergenics shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure and embargo. 16. Website Disclaimer Your use of this website is at your own risk. Cybergenics is not responsible or liable for inaccuracy of data on the website or computer problems that may result from obtaining or downloading material from this website. This website is provided as is. Cybergenics makes no representations about the services offered on this website and expressly disclaims all warranties, express or implied, or any kind. Cybergenics shall not be liable for any special, direct, indirect, incidental, cover, punitive, or consequential damages, whether or not foreseeable, resulting from the use of or inability to use this website. Linked sites are not under the control of Cybergenics we are not responsible for the contents of any linked site or any link contained in a linked site. Cybergenics provides links to you only as a convenience and service, and the inclusion of any link does not imply endorsement by Cybergenics of the site 17. Customer Service We want your business with us to be easy and rewarding, if you require any assistance then please contact us by email:
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or by telephone 07 3439 6112 during business hours These terms and conditions do not affect your statutory rights
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