Terms & Conditions

TERMS AND CONDITIONS

 These terms and conditions apply to the website and its contents under the domain name www.mqtooling.co.nz  and www.mqtooling.co.nz herein referred to as the “Website” or “MQ Tooling”. Any correspondence between us and you will also be covered by these terms and conditions. Please read the terms and conditions carefully before using the website.  Using the website in any way means you agree to these terms and conditions of this notice whether or not you choose to register with us. If you do not accept these terms and conditions you must leave the website immediately.

 

  1. GENERAL

 1.1        www.mqtooling.com and www.mqtooling.co.nz is a website and distributor based in New Zealand. We sell and ship third party product and machines to most countries in Australasia.

1.2         The manufacturers and or suppliers of tools and machines that we supply, provide all warranties (if any) for all product, machines and tools.

1.3          To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD $50.

1.4         By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose.

1.5         You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any products or machines, without express written permission by us or the manufacturer.

1.6         We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person/organisation, per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

1.7           The website is not liable for any loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation or telecommunications, weather or any other cause outside The Websites’ control.

1.8        CONSUMER GUARANTEES ACT 1993 (CGA)

It is acknowledged that the supply of goods and or services by website for consumers as defined by the CGA is covered by the CGA. If a business or organisation in trade makes a purchase through our website and not for personal, domestic or household purposes, accordingly the Consumer Guarantees Act 1993, or equivalent legislation, does not apply.

1.9            We reserve the right to alter the website terms and conditions at any time without notice. We reserve the right to make any changes to the website at any time without notice. Any such changes will be posted on the website and take effect immediately. Your use of the website will signify your acceptance of the latest terms and conditions.

1.10            Information that you provide to this website must be accurate and complete. Your login and password details are exclusive to you, and must be treated as private and confidential at all times. We reserve the right to revoke any account, login or password at our sole discretion at any time.

1.11            You as the customer should always check your contact information that you have provided is correct before payment is made. If you provide incorrect details you are liable for any losses that result from you providing incorrect information to our website.

1.12         If you have any concerns regarding your account, login details or password you must notify us immediately.

1.13            www.mqtooling.com and www.mqtooling.co.nz will not issue any refunds if any of the terms and conditions of this website have been breached or there has been a suspected breach by the customer or user.

1.14            www.mqtooling.com and www.mqtooling.co.nz reserves the right to withdraw (without refund) access to any service where WWW.MQTOOLING.COM AND WWW.MQTOOLING.CO.NZ believes that passwords have been disclosed to a third party and or a breach of out terms and conditions has occurred by any user(s).

1.15          Any disputes will be subject to the jurisdiction of New Zealand only.

1.16          We do not warrant, represent or guarantee the accuracy or completeness of the: information published on this website, third party websit links and information, tools, machines, any video, blogs, advertising or that any particular product or service, whether free or for consideration, will achieve any particular result.

 

  1. ACCESS

 

2.1          We give no guarantees or warrantees to the access, performance or availability of the website.

2.2          Access to the website may be suspended without notice for repairs, maintenance or reasons out of our control.

2.3          We may change, suspend, deny access, and restrict access, to the website at any time without notice or liability.

2.4          www.mqtooling.com and www.mqtooling.co.nz reserve the right to refuse access of customers or users of the website to www.mqtooling.com and www.mqtooling.co.nz or any website operated by us where the customer or user commits fraud, or seeks to commit fraud, causes a disruption to the website or attempts to create a denial of service in any way.

 

  1. INTELLECTUAL PROPERTY

 

3.1          All copyrights, patents, trademarks, data, information, graphics, artwork, photographs, logos, icons, sound recordings, videos and proprietary and intellectual property rights in all materials remain our property or the property of our licensors, partners, suppliers, or agents. All information on the website remains the copyright, trademark or property of www.mqtooling.com and www.mqtooling.co.nz or its licensors, partners, suppliers, or agents.

3.2          Nothing contained on the website shall be construed as creating any license or right under copyright, trademark or any other intellectual property rights or other property rights.

3.3          No part of the website may be reproduced or stored offline and or within another website nor the website code, images or information copied.

3.4          www.mqtooling.com and www.mqtooling.co.nz  is a trademark. No license or consent is given in any way to use the name or similar name, pass off or breach Trademark Law in any way.

3.5          You agree not to facilitate or assist any third party to copy, reproduce, transmit, publish, distribute, derive, sell or commercially exploit the website and its contents.

 

  1. LIABILITY

 

4.1          Any documents, video, blogs, and any information or data provided by this website are provided “as is” without express or implied warranty of any kind.

4.2          You use any information links at your own risk. The website takes no responsibility for the content of internet sites that link to this website.

4.3          The website, its agents, suppliers, partners and its contractors exclude any warranty, express or implied, statutory or otherwise relating in any way to this website or your use of the website. This includes the loss by way of negligence, special, indirect or consequential loss or damage arising from or in connection with this website, access through, or use of this website for any reason whatsoever.

4.4          Neither www.mqtooling.com and www.mqtooling.co.nz  nor its directors, nor partners, nor suppliers, nor agents shall be liable for any losses whatsoever that arise from relying upon the information on our website.  This includes loss by way of breach of contract, negligence, special, tort, indirect or consequential loss or damage and or equitable loss, whether foreseeable or not.

4.5          The material on this website may be out of date. We make no warranties as to the accuracy or completeness of information.

4.5.1      We expressly exclude:

4.5.2      All conditions, warranties and other terms which may be implied by statute, common law or equity.

4.5.3      We exclude all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, damage to goodwill or reputation, or the cost of procurement of substitute products or services, inability to use our website, or loss from any websites linked to it and any materials posted on it.

4.5.4      We exclude all liability for any loss of: income, revenue, business, goodwill, contract, profit, savings, loss of data or information, or any other loss or damage of any kind however it arises.

4.5.5      The website and its company or owner(s) are not liable for any death or personal injury caused by negligence, fraud (however it arises), misrepresentation, misinformation, loss of software or data or information.

4.5.6      If any loss for servicing, correction or repair of any hardware or software equipment occurs in connection with using our website you assume all costs thereof.

              

  1. PRIVACY

5.1          If you have any queries about our privacy policy please email us at the contact details provided on the home page.

5.2          Your information will be stored on a database and used only by the website and its agencies.

5.3          We may store, collect, analyse and use your personal information such as: your IP address, browsing habits, operating system, referral source, length of visits, page views, personal details, information relating to transactions and or purchases from our website, information provided by subscribing to any email notifications or marketing material and any information you choose to send us.

5.4          We may use your personal information to administer the website, improve your browsing experience, send you downloads or emails, send you our newsletter or other marketing material, provide third parties with statistical information and deal with enquiries or complaints made by or about you in relation to our website.

5.5          All website financial transactions are handled through our payment service providers. We will share your information to the extent necessary to facilitate transactions between each party.

5.6          Where you make a request for professional services or other services, we may pass that request and all the necessary information on to one or more of our partners.

5.7          When you provide your personal information to us we may use your information for communicating with you, statistical analysis, the marketing of products or services to you, credit checks and research and development.

5.8          We may store your information on servers based in countries outside New Zealand. Countries outside New Zealand may have less personal protection for your personal information.

 

  1. YOUR OBLIGATIONS

6.1          You must provide accurate information about your personal details, any dealings you have with us and you must keep your personal details and information submitted to the website true accurate and complete.

6.2          You must keep your user ID and password confidential and not write these details down in any circumstance, nor any disclose this information to any other person or entity.

6.3          You must contact is immediately if you become aware of any unauthorised disclosure of your login or password by emailing us on the contact page at www.mqtooling.com and www.mqtooling.co.nz.

6.4          You must not introduce to the website any malicious software or anything that creates or intends to create a denial of service and or interferes with the website in any way.  

6.5          You indemnify the website of any loss whatsoever that you suffer from your failure to comply with the terms and conditions of this website. 

 

  1. JURISDICTION

7.1          This website operates exclusively under New Zealand jurisdiction and law. If a dispute arises the parties agree to negotiate in good faith directly in the first instance in an effort to resolve the dispute.

7.2          These terms and conditions shall be interpreted construed and enforced in accordance with New Zealand law and are subject to the exclusive jurisdiction of the New Zealand Courts.

 

  1. COMPETITORS

8.1          Companies or organisations and their employees and agents who offer similar products or services are not permitted to register, login or use the website and must leave the website immediately.

               

  1. WAIVER OF RIGHTS

9.1          Failure by www.mqtooling.com and www.mqtooling.co.nz  to enforce any rights is not deemed to be a waiver of those rights.

 

  1. INDEMNITY

10.1        You agree to indemnify, defend and hold harmless www.mqtooling.com and www.mqtooling.co.nz its directors, officers, employees, consultants, agents, and affiliates from any claims, liability, damages and/or costs (including, but not limited to, legal fees), and all third party claims arising from your use of our Website or your breach of these Terms and Conditions.

 

  1. SEVERABILITY

11.1       The foregoing paragraphs and any sub paragraphs and clauses of these terms and conditions shall be read independently and construed independently of each other. If any part of the foregoing clauses are found to be invalid they shall not affect the remaining clauses.

 

RETURNS AND REFUNDS

12          RETURNS

12.1      You are only eligible for a return if the goods are rendered faulty by the manufacturer.

12.2      To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

12.3      To complete your return, we require your photo ID, order number or a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

12.4      There are certain situations where only partial refunds are granted (if applicable), for example, any item not in its original condition, is damaged or missing parts or for any reason not due to our error.

 

13          REFUNDS

13.1      Where applicable, once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

13.2      If you are approved, we will first do our best to replace your item. 

 

14          LATE OR MISSING REFUNDS

14.1      If you haven’t received a refund yet, first check your bank account again.

              Then contact your credit card company, it may take some time before your refund is officially posted.

14.2      Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at the contact form on our website.

 

15          SALE ITEMS

15.1       Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

 

  1. EXCHANGES

16.1      We only replace items if they are defective or damaged.  

 

17          SHIPPING

17.1      To return your product, deliver your product immediately to The Manager by contacting us through our contact page on our website.

17.2      You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

17.3      Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

17.4      If you are shipping an item over NZD $100, you should consider using a trackable shipping service or purchasing shipping or insurance from your carrier/supplier. We can not guarantee that we will receive your returned item.

17.5      If the Manufacturer or supplier of any product or tool does not provide free shipping for the replacement or repair of any product or refuses to pay freight on any product, tool or machine, then you or your organisation as the consumer or customer assume all responsibility to pay for all freight/shipping and insurance for the product to be sent to the manufacturer/supplier and returned to you.

18          PRICING

18.1      All pricing has a base currency in New Zealand Dollars, all others are based of this against the daily spot rate using Oanda. Prices are subject to change without prior notification.