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Terms & Conditions

1. TERMS

Unless otherwise agreed in writing by Mbyte Ltd. (The Company), Oliffs, the following are the Company's Terms and Conditions of Sale. These, together with any other Terms and Conditions agreed upon in writing between the Company and the Customer ("The Purchaser") shall apply to all sales of products by the Company to the Purchaser. The following Terms and Conditions of Sale are accepted as the conditions applicable to all sales whether or not they appear on invoices or delivery documents. The placing of an order shall be deemed to be acceptance of these new conditions.

2. PRICE AND ORDERS

2.1 Prices may be altered without notice. 2.2 Mbyte Ltd , Oliffs reserves the right to refuse to accept any order or any part of an order, and to deliver goods by instalments, in which case each instalment will comprise a separate contract and shall be paid for as if it were a separate order. 2.3 On all orders placed there is a minimum order value of $30.00.

3. RISK, DELIVERY AND INSURANCE

Delivery of the Goods shall be deemed to occur when the Goods are delivered to the Purchaser or Purchasers premises by the Company or its agent at the location specified by the Purchaser, or when the Purchaser or any employee or agent of the purchaser takes possession of the Goods, whichever occurs first. The Company will make every effort to ensure delivery of Goods is on time but will not be liable for any loss or damage, including (without limitation) consequential loss arising in any way from any delay in delivery.

4. DAMAGE, DEFECTS & LOSS IN TRANSIT

Complaints and claims must be made in writing to the Company by the Customer within forty-eight hours of delivery. Failure to obtain a receipt for goods delivered shall not be proof of non-delivery, short delivery or of any defect. The Company has the right in its discretion in respect of any accepted claim to replace the goods or to credit the appropriate portion of the purchase price thereby fully discharging all its legal liabilities. The Company is not liable for any loss, direct or indirect, or consequential, attributable to defective goods except to the amount of the price for those goods as sold to the Customer. Claims for loss in transit shall be made under the Carriage of Goods Act.

5. PAYMENT TERMS

Payment by Internet Banking is preferable but Bank cards and credit cards are accepted.

6. GOODS RETURNED FOR CREDIT

The acceptance of goods for credit shall be at the sole discretion of the Company and a 15% or $30.00 re-stocking fee shall apply, whichever is the greater. Goods accepted for credit on return shall be returned free of all charges (freight, insurance, taxes and duties) and be accompanied by the relevant packing slip or invoice number and in the original (and undamaged) packaging and with all relevant manuals and in a saleable condition. If the goods supplied are not correct the restocking fee will not apply.

7. TITLE

Property and ownership in Goods will not pass to the Purchaser but will remain in the Company until the Company receives payment in full of the purchase price of the Goods and all other amounts owing to the Company from the Purchaser. The Purchaser acknowledges that he/she holds possession of the goods in trust for the Company as the beneficial owner. The Purchaser shall store the goods on his premises in such a manner as to make them readily identifiable as belonging to the Company.

8. CANCELLATION POLICY

You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with these terms and conditions. In regards to fees and charges we will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order ("Delivery Fee") and any other fees and charges set out in these terms and conditions. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.

The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product and we are not obliged to match any prices. Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order. If you cancel an order then:a.subject to (b), we will refund any amounts paid by you for that cancelled order; b.we will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery

9. TRANSACTION CURRENCY

In regards to Payment Methods the fees and charges for an accepted order are stated in New Zealand Currency, you may purchase using the following payment methods: Visa; MasterCard; American Express; and Direct deposit as set out below. If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order. If you have chosen to use direct deposit to pay the fees and charges for the order that has been accepted by us, details of our account details will be provided in our checkout process regarding where and how the fees and charges need to be deposited. Once you have deposited the amount for the fees and charges for your order, then you will then need to contact Customer Service to complete the payment process. We ask that you provide us with the details of the order, the date deposited, the amount deposited, the customer number and the email address of your account to enable us to apply the direct deposit to your order that we accept. If you wish to use this payment method, you must allow at least 48 hours for confirmation of your payment. If you do not deposit the relevant amount for your order into our nominated account within 5 business days of the date of the order, then we will contact you. If you notify us at that time that you have not deposited the relevant amount for your order, then we can at your request cancel the order or agree other arrangements. We may however, need to cancel your order if we cannot agree other arrangements.