Terms & Conditions
All Prices listed on our website are exclusive of GST.
Terms and Conditions of Sale and Service ("the Terms")
Please read these Terms and Conditions of Sale and Service Carefully.
The Terms outline the Terms and Conditions that apply to any order of goods through the www.phototools.co.nz website. Orders are accepted for purchases and deliveries within New Zealand only and to persons aged 18 years and over.
General – The Contract
In the Terms, "Products" means photographic accessories and equipment. When you purchase any product or service presented on the phototools.co.nz website, the Terms will apply and constitute the "Contract" between phototools.co.nz and the Buyer ("Buyer").
From time to time,phototools.co.nz may revise the Terms in whole or in part and if it does so, the revised changes will be incorporated into the Contract from the date phototools.co.nz advises the Buyer of the revised Terms.
Any order placed by the Buyer through the phototools.co.nz website shall be subject to the Terms. phototools.co.nz reserves the right to accept or not accept an order or part of an order. Any part of any order that is inconsistent with the Terms will be invalid unless accepted in writing by phototools.co.nz.
The "Contract Price" is the total of the price for the Products at the date of invoice and the cost of freight to the designated delivery point and GST.
phototools.co.nz relies on information from its suppliers and product manufacturers. Product descriptions, illustrations and literature are therefore not binding on phototools.co.nz. If the product received does not match the description on the phototools.co.nz website, the Buyer should inform phototools.co.nz immediately so that appropriate action can be taken.
Products will be supplied as ordered.
Price and Availability
All prices are in $NZ and Include GST unless otherwise stated.
All pricing and availability is subject to change without notice
phototools.co.nz cannot guarantee goods online will always be available when an order is placed, although will endeavour to indicate on the website if a product is unavailable or give some indication as to when it will be available.
All specials and promotions are available while stocks last. phototools.co.nz reserves the right to limit the quantities on promotions.
Any verbal quotations are subject to written agreement.
Prices do not include delivery surcharges. These are added to the Invoice.
The Buyer is liable for every order on the phototools.co.nz website made under their Login and Password.
Payment Options and Fraud Protection
Payment can be made through Visa, Mastercard online, direct internet banking, or on pickup of items.
Payment option is selected upon ordering and payment has to be received before supply unless prior arrangements have been made in writing by phototools.co.nz.
Payment made by cheque or other bank transfers will not be considered payment until payment has been fully cleared by the bank and is evident in phototools.co.nz bank account.
In the interest of protecting all parties, phototools.co.nz credit and fraud checks every order placed and reports all incidences of attempted stolen card useage and identity theft to the police.
We reserve the right to ask for proof of identity of a credit card holder, issuing bank verification and/or other relevant details as deemed necessary to confirm a legitimate purchase.
Call Back Policy. We reserve the right to contact a customer by phone to verify details of identity and/or order. A valid phone number registered in New Zealand is required otherwise your order may be rejected immediately.
We reserve the right to record transaction details and IP numbers.
Unless otherwise agreed in writing by phototools.co.nz, ownership of the Products remains with phototools.co.nz and does not pass to the Buyer until full payment is received.
The Buyer will be liable for any expenses, costs or disbursements incurred by phototools.co.nz in recovering any outstanding payments including but not limited to solicitor costs or debt collection agency fees.
Delivery charges are not included in the price listed on the website and will be added to your order subsequent to the confirmation of the Buyer's delivery location. The Buyer will be able to view the full charge before entering payment details.
Delivery will not take place until full payment has been received.
Delivery will be made to the place nominated by the Buyer.
All claims for shortages, damages or losses during delivery must be made to phototools.co.nz within 2 days of the date of delivery.
phototools.co.nz reserves the right to suspend delivery of further Product if the terms of payment are not strictly adhered to by the Buyer.
If the Product is asked to be delivered directly to another person, that person takes possession of the Product for the Buyer as their agent, but the Buyer is still directly responsible to phototools.co.nz under the Terms.
No claim for shortages, damages or loss in transit will be accepted unless the Buyer notifies phototools.co.nz of the shortage, damage or loss in transit within 2 days of the delivery.
Delivery is only made to a physical address. No deliveries can be made to a Post Box or Private Bag number, unless the buyer specifically notifies phototools.co.nz that this is the most reliable address.
The time provided for delivery of Product is an estimation only and phototools.co.nz will not be liable to the Buyer for failure to supply on any grounds whatsoever, the Product at the given time.
To the extent permissible by law, and where not inconsistent with any warranty provided to the Buyer by the Manufacturer, phototools.co.nz offers a 7 day return policy for Non-Faulty Products.
Faulty Products are subject to the Manufacturer Warranty only and phototools.co.nz will forward the benefit of those warranties to the Buyer without being directly liable.
In most cases phototools.co.nz will accept return of
any non-faulty Product within 7 days of its invoice date provided that:
The Product is unopened and in a saleable condition with no rips, tears or writing.
Special orders including customized Product may not be eligible for return or will incur restocking fees.
Non-faulty returns i.e. purchased in error or customer has changed their mind on a product, may incur a re-stocking fee of 10%
The Buyer is liable for any freight charges in relation to the return of the product.
The Buyer is liable for any damage caused by inadequate packaging on the return of the product.
The Buyer accepts all responsibility for insurance and risk of the product during transit from the Buyer to phototools.co.nz or the Manufacturer (as specified).
NOTE: phototools.co.nz does not accept any non-faulty returns on:
Clearance stock (unless faulty)
Special promotions (unless faulty)
Product is subject to the Manufacturer's Warranties only. phototools.co.nz will forward the benefit of those warranties to the Buyer, without being directly liable to the Buyer under any warranty. Where Product is subject to a return to base warranty, the Buyer is responsible for returning it to phototools.co.nz or the Manufacturer (as provided by the warranty). The Buyer may be responsible for any additional costs including (but not limited to) freight charges.
DOA (Dead on Arrival) Returns
If a product fails within 5 days of purchase date, you may be eligible to receive a forward replacement of your faulty product. In this situation phototools.co.nz will arrange for a replacement Product to be delivered to you. Upon receipt of the replacement Product you must return the faulty product back to phototools.co.nz or the Manufacturer (as specified) or you will be charged for the replacement product.
To the extent permissible by law, phototools.co.nz will not be liable for any direct, indirect, special loss or damage, loss of profits, injury (of any kind) suffered by the Buyer or associated persons, and whether arising directly or indirectly from any of the following:
Defect or non-compliance of Products supplied.
Negligence, misrepresentation or other act or omission by phototools.co.nz, its employees, agents or contractors.
Breach of any of phototools.co.nz obligations under the Terms.
Cancellation or termination of the Terms.
Any other cause.
and the Buyer shall indemnify phototools.co.nz
against any claim by any of the persons above or their delegates against any loss, damage or injury for which phototools.co.nz liability is excluded by this clause.
To the extent permissible by law and notwithstanding anything in the Terms, phototools.co.nz liability, whether in contract, pursuant to cancellation or termination of this contract, in tort, or in any other way, concerning all claims for loss, damage or injury which arise directly or indirectly from any events, shall not in total exceed the Contract Price for the Products in regards to which the loss, damage or injury arose.
Consumers Guarantee Act
Nothing in the Terms is proposed to contract out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by the Act.
If Product is acquired by the Buyer for business purposes, the Buyer agrees that the Consumer Guarantees Act 1993 does not apply.
Where Product is acquired by the Buyer for business purposes or to supply in trade to a person, then the provisions of the Consumer Guarantees Act 1993 are excluded from any supply agreement and to the extent permitted by law, statutory or implied conditions, warranties and guarantees which would apply are expressly excluded and the Consumer Guarantees Act 1993 does not apply in respect of the goods.
If the Product is not acquired for business purposes, to the fullest extent of the law, phototools.co.nz liability for breach of any implied warranty or condition which is unable to be excluded is limited, at phototools.co.nz discretion, to the replacement of, and the cost of replacing the Product; the supply of, and the cost of supply of equivalent Product; the repair of and the cost of supplying the repair to the Product.
Unsolicited Electronic Messages Act
Under the Unsolicited Electronic Messages Act 2007 (in effect 05 September 2007) you must provide your consent to receive promotional emails. When you register and join www.phototools.co.nz we take this as in indication and acknowledgement that you would like to receive emails from us about our products, services and special offers. If you do not want to receive the newsletter emails from phototools.co.nz, please send an email to email@example.com with "no newsletter emails" in the subject line. At any stage, you may also elect to opt out of our mailing list by sending an email to firstname.lastname@example.org.
All the original rights, powers, exemptions and remedies of phototools.co.nz will remain in full force and effect notwithstanding any neglect, forbearance or delay in their enforcement. phototools.co.nz shall not be deemed to have waived any of the Terms unless such waiver shall be in writing. Any such waiver, unless phototools.co.nz expressly states the contrary, shall apply to and operate only in the particular transaction, dealing or matter.
The Terms are administered by, and shall be interpreted in agreement with, the laws of New Zealand and the parties agree that any dispute under it shall be subject to the exclusive jurisdiction of the New Zealand courts.