In these terms and conditions, “we” “us” and “our” refers to hungryPC. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of New Zealand only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in New Zealand Dollars (NZD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
3. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
5. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
6. We supply and despatch our products to customers within New Zealand only.
7. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
8. Packaging and postage is an additional charge, calculated at time of purchase.
9. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
10. We undertake to accept or reject your order within seven days. If we have not responded to you within seven days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
11. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
12. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
13. All risk of loss or damage to the goods passes to you when we despatch the goods.
Order Cancellation Due To Error
14. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
15. We undertake to replace, repair or refund you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
16. We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within ten days of purchase however we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
17. If we are unable at the time of return to replace, repair or exchange returned goods, we undertake to reimburse you for the amount initially debited for the purchase including packaging and postage charges.
18. When you visit our website, we give you a limited licence to access and use our information for personal use.
19. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
20. Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
21. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
22. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
23. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
24. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
25. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
26. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
27. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
28. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
29. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
30. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
31. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
32. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
33. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
34. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
35. If a Force Majeure event causing delay continues for more than thirty, we may terminate this Agreement by giving at least seven Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
36. These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
37. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
38. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
40. Second hand goods may have minor marks and scratches on the case unless otherwise stated. Our warranty does not cover cosmetic faults on second hand goods.
41. Consumable Items are not covered under warranty, these include but not limited to Second Hand Printer Ink and Laptop Batteries due to their nature.
42. Warranty is strictly RETURN TO BASE, buyer is required to pay all return shipping costs, repair or replacement will be made after assessment.
43. Warranty does not cover software, virus or machine fault due to misuse.
44. By placing an order for goods through hungryPC you are deemed to accept these terms and conditions of sale.
45. We can revise our prices at any time prior to accepting your order.
46. You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order which we subsequently accept.
47. Any time stated for delivery is an estimate only. No claim shall be made by you on account of late shipment, or delivery however caused.
Signing for Courier Delivery
48. It is your responsibility to check any parcel that has arrived for correct number of packages and any visible damage before signing for, or accepting any goods being delivered to you from the courier.
49. If the delivery has been damaged, or short supplied, you must not sign for any parcel, and instead inform the delivery driver, courier company and/or us to ensure the courier company can proceed with their investigation and claim procedures. We will not accept any claim if a clean proof of delivery is produced.
Where the Consumer Guarantees Act 1993 (“Act”) applies:
If the goods are acquired by you for business purposes you agree that the Act does not apply. If you on-supply goods you must:
- Do so on the basis that the Act does not apply where the goods are on-supplied for business purposes; and
- Notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.
- You acknowledge that no Express Guarantees (as defined in the Act) are provided.
- If a claim is made directly against us by a consumer under the Act then you will refund to us the amount of any damages (up to the value of the margin you made on the goods in question) we are required to pay to that consumer under the Act.
- Nothing in these terms is intended to have the effect of contracting out of the provisions of the Act except to the extent permitted by the Act.
- Except as otherwise required or prevented by law or except as expressly provided under these terms, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature (including fitness for purpose) are completely excluded.
Repairs & Replacements
We do not undertake that repair facilities and parts will be available for the goods. We will not be liable to repair or replace any defective goods and at our own discretion we may:
- Notify the manufacturer of the goods of any defect notified by you; and
- Request the manufacturer to repair or replace any defective goods.
Use Of Information
You agree that we (or other members of our group of companies) may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business, and you consent to any person providing us with such information.
You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us or our group of companies. (If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information that we hold about you).
We shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.
Should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on hungryPC for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our control, then we are released from our obligations under this agreement.
You hereby indemnify and will keep us indemnified against all obligations and liabilities incurred by an act or omission by you in relation to this agreement.
We have the right to cancel this agreement (without prejudice to any of its rights) immediately upon any of the events:
- If you cease or threaten to cease to carry on business; or
- If a receiver or similar officer is appointed in respect of all or any assets belonging to you, or you are unable to pay your debts when they fall due, enter into a scheme with your creditors or any steps are taken to place you into liquidation; or
- If you commit a breach of this agreement and the breach is not remedied within 14 days of notification of the breach by us.
- Upon termination we will be entitled to repossess and resell any unpaid goods within the term of terms risk and ownership. Termination shall not relieve you from any liability or responsibility that has arisen before the date of termination.
These terms apply to all transactions where we supply goods to you. This agreement supersedes the terms of all prior agreements, understandings, representations or warranties previously given by us or any agent of hungryPC in respect of goods.
If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.
If at any time any provision of this agreement becomes illegal, invalid or unenforceable neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired.
If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.
You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.
This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.