**For product warranty related information, please refer to the FAQs page.**
Acceptance of terms and conditions
Aquila NZ Limited (herein referred to as "Aquila", "we", "us", or "our") provides the services contained on the websites www.freedom2play.co.nz and/or www.aquila.co.nz ("the Site") to the Users in accordance with these terms and conditions.
Anyone accessing the Site to either browse or buy a product or post a request for a product or service is referred to as "the User" of the Site.
Each time the Users access the Site, they confirm that they have read, understood and agreed to these terms and conditions. We may amend them from time to time at our sole discretion, and accordingly we recommend and expect that the Users check them on a regular basis.
By accessing the Site, the Users agree to be bound by these terms and conditions, including any amendments made to them from time to time.
This Site is an internet website which enables the Users to get details on various products and related services and information about those which are listed on the Site. Users can request additional information from us by submitting a query from the enquiry page.
We will not forward any personal details of a User (such as contact numbers, name, email addresses or any other information about that User, if provided to us) to any third party apart from what's required to be provided for legal purposes.
The images and logos used on the Site and the contents of the Site are subject to intellectual property rights which belong solely and exclusively to Aquila NZ Limited. Other products, brand names, logos, images and business names mentioned on the website are the intellectual property of the respective owners of those products and business names. Any rights not expressly granted herein are reserved. The Users agree not to breach any trade mark, copyright, patent, design or other rights in relation to all trademarks, information, images, logos and other intellectual property included on the Site. No logo, graphic or image from the Site may be copied or re-transmitted.
The Users agree not to download, copy, transmit, "data-mine", "scrape" or otherwise replicate any of the information appearing on the Site, its features, including comments, for any business or commercial purpose, whether by electronic or any other means whatsoever.
This agreement is governed by the laws of New Zealand. The Users irrevocably submit to the jurisdiction of the Courts of New Zealand.
The Site is serviced by us from our offices in New Zealand. We make no representation that materials on the Site are appropriate or available for use in locations outside New Zealand, and we do not authorise access to such materials from any foreign territory where their contents might be illegal or prohibited under applicable laws of such territory. Assignment: We may legally assign any of our rights and/or obligations under these terms and conditions at any time by giving the Users and/or the Providers notice on the Site. Links to Third Party Sites: We are not responsible for the contents of any other website that has external links from or to aquila.co.nz, except where expressly stated.
Copyright Notice: Any such notice should be sent to Aquila NZ Limited, P O Box 24517, Royal Oak, Auckland 1345.
Warranties / Disclaimer
The Users expressly understand and agree that:
- the use of the Site is at their sole risk. To the maximum extent permitted by law, we disclaim and exclude all implied conditions or warranties, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement. we do not warrant that the services offered on the Site will be uninterrupted, timely, secure, or error free, or that any information (including feedback, blog, comments etc) provided on the Site is accurate, error-free or reliable.
- we do not warrant the accuracy, adequacy, quality, currency, validity, completeness or suitability of the services or any other information available on the Site for any purpose. The Site and its services are provided on an "as is" and "as available" basis. although adequate care will be taken, we do not warrant that the website will be free of infection by viruses, worms, trojan horses or anything else containing destructive properties, although we will make every attempt to ensure that no such items are transferred from this website.
- detailed warranty terms are as listed under "FAQ's and Help" section of the website which the user confirms reading and accepting.
- we are not legally bound to replace, repair or refund for products that have been used and thought to be faulty unless the manufacturer or supplier of the product authorizes such a claim post inspection of the damage or fault with the product.
- the User undertakes to return any product thought to be unsatisfactory immediately for our inspection.
- all replacement or refund decisions will be to our sole discretion.
- in no event shall we be liable for any loss sustained by the User arising out of or in connection with the use or performance of the Site by the User whether direct or indirect, including without limitation loss of profit, loss of data, loss of business or anticipated savings, any damages, and any consequential and incidental loss whether at law or in tort or otherwise.
The Users agree to indemnify us and our suppliers, agents and representatives and to hold them harmless from any and all claims and liabilities (including legal or any other fees) which may arise from their breach of these terms and conditions.
- The Privacy Act 1993 applies to the collection, use, storage and disclosure of information that is provided to us when accessing the Site.
- Any information that is provided to us by the Users when accessing the Site is collected and stored by us. We will only collect that personal information which is given to us by the User for our business functions and activities, or to comply with legal or regulatory obligations.
- We may collect, use and disclose such personal information for a range of purposes. The information we collect could be used for any of the following purposes:
- to offer safe and simple use of the Site;
- to communicate, by means of electronic mail or otherwise, with you about matters in connection with the Site;
- to ensure that only registered Users have access to some of the services offered;
- to fix system errors and for support services;
- to customise the information received from the Site by Users;
- for our research, so that we can improve our products and services and tailor them to better suit the needs of the Users;
- to create dynamic display on the website to showcase recent sales. We use the first name and city with a secure and encrypted ProveSource App. No personal details are shared and no one can click on the user name. The display demonstrates sales activities on the website.
- to identify popular services, internet trends, demographics and the general usability of the Site.
- We use a variety of security protocols to safely store your personal information.
- All credit card payments are processes securely by our payment Gateway provider (PayPal / eWay / DPS, as applicable). We do not store any credit card details on our website at all.
- The Users may contact us to request access to any information that we hold about them, or to ask us to correct or update that information if required.
- We will release information held by us only if we reasonably believe that such release is appropriate to comply with law, to enforce or apply our terms and conditions, or to protect our rights and that of our users, or others.
Deferred Payment Facility
In the event where a customer has purchased goods on an agreed Deferred Payment facility and stops paying, we will make TWO (2) attempts to contact the customer via email or phone (provided the email and/or contact number is available) 1 week apart commencing from 2 weeks after the payment was due. If we do not get a reply and customer does not start paying the amount immediately, we will have to refer the payment default to a Debt Collection agency and/or law firm.
In the event where the overdue account is referred to a collection agency and/or law firm, the customer will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until date it is paid.
RISK FREE Trade Policy
We would like to offer you an experience that you will cherish so you can be confident while shopping in our store or via our website. You can return the item/s you purchased if you are not 100% satisfied for any reason within 30 days of the delivery. Once we receive the item you have returned, we will provide you with an option to exchange or refund the money as per following criteria;
- Goods must be retuned to us are in same condition, packing and tags that were attached to it.
- All returns must be supported by copy of invoice to support the purchase.
- Items purchased at full recommended retail price listed on the website can be returned, exchanged, credited or refunded as you wish. But we only offer exchange or store credit option for items purhcased that were/are on 'sale' or 'clearance' at that time or purchased at discounted price.
- Any exchange, store credit, refund will be confirmed on inspection of the retuned goods
- If any item requires repairs, it may be carried out at locations other than our store. If we conclude that repairs cannot be carried out and the item is still within the warranty period as listed on our FAQs page, we will offer a replacement or refund.
- Warranty, any replacements or repairs offered are at suppliers discretion and out of our hands. We will endeavour for a quick resolution for you.