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Website Terms & Conditions

This website: powerbox.com.au (“Website”) is owned and operated by Powerbox Pacific Ltd NZBN 9429038545641 (“Powerbox”, “we”, “our” or “us”) for the benefit of individuals and entities interested in Powerbox’s services.

These website terms and conditions (“Terms of Use”) and our Trading Terms and Conditions for Sale of Goods (“Sale Terms”) apply to your use of the Website and by using the Website you agree to be bound by the Terms of Use and the Sale Terms. To the extent there is any inconsistency between the Terms of Use and the Sale Terms, the Sale Terms prevail.

Please read these Terms of Use and the Sale Terms prior to purchasing any goods from and/or using our service. If you do not agree to the Terms of Use or the Sale Terms, you must not obtain or use information, services, products or goods from this Website.

1. Information

All information displayed on the Website is current at the time of display and any reference to currency is a reference to New Zealand Dollars. We take every reasonable care to ensure accuracy of all information listed. However, Powerbox is not liable for any errors in pricing and description. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.

We may from time to time, before your purchasing any products or goods from this Website, require you to enter into the relevant agreement for the purchase of the products or goods, and execute all other necessary documents.

2. Ordering Policy
Powerbox applies the following policy with regards to online purchases, which may differ from a traditional retail store:

2.1 Backorders – Pre Orders

A backorder occurs when Powerbox does not have the goods in stock and will need to order the goods from our suppliers.

When a backorder occurs, Powerbox will contact you by email or phone by the following business day, notifying you the estimated time of arrival of the goods. You may choose to wait for the arrival of the goods, or a full refund will be offered.

2.2 Order Modification/Cancellation
As orders are dispatched the next business day, no modification of orders can occur after items have been dispatched, unless the item is on a lengthy backorder.

TO CANCEL OR MODIFY AN ORDER PLEASE CONTACT Powerbox ON 0800 104 480 IMMEDIATELY.

2.3 Dispatch Times

Dispatch will occur the following Business Day from the order being placed, subject to stock availability.

3. Shipping Policy

3.1 Delivery & Return Policy

The total purchase price of any goods is inclusive of shipping and handling charges – indicated on the Powerbox invoice and prior to placing your order online.

PLEASE NOTE: Customer(s) are responsible for all freight charges for re-deliveries or incorrect delivery details. Any additional freight charges will be added to the invoice total.

3.2 Risk of Loss

Powerbox will arrange shipment of ordered goods to the Customer on a Free On Board (F.O.B) basis.

4. Goods Information Policy

4.1 Price Protection

Our website is updated frequently to ensure that our customers’ view the latest goods and correct pricing available, guaranteeing the latest savings.

At the time of purchase you agree to the listed price of an item. This listed price may be subject to change.

Powerbox reserves the right to make changes and corrections to prices, goods and specifications without notice due to errors arising from misprints, technical and human errors.

4.2 Images of goods

All images of goods on Powerbox’s website may vary from the actual goods. All typographical errors are subject to correction. Please be aware that images are only to be used as a point of reference and are not indicative, in any way, of the actual goods.

4.3 Goods Descriptions and Specifications

Please be assured that Powerbox makes every effort to ensure the accuracy of goods descriptions; however, specifications, features, documents and graphics published may contain technical inaccuracies or typographical errors.

Should you receive an order that does not match the online description please Contact Us immediately.

4.4 Availability of goods

Please note that availability of goods is subject to change at any time. Goods showing as available at the time of ordering may sell out and therefore be placed on backorder (link to backorder above).

4.5 Web Crawlers – My Shopping, Static Ice, Google, etc.

Powerbox does not accept any responsibility for errors made by companies such as MyShopping.com and Static Ice.com, etc who retrieve data from our website and list it on their own. In these circumstances it is the end user’s responsibility to ensure that what they are ordering is correct. If you have any questions concerning our goods please do not hesitate to Contact Us.

Please keep in mind that we do not refund or exchange for incorrect purchases.

5. Indemnity
To the fullest extent permitted by law, you agree to indemnify Powerbox and keep Powerbox indemnified from and against any liability and any loss or damage Powerbox may sustain, as a result of any breach, act or omission, arising directly or indirectly of these Terms of Use or the Sale Terms by you or your representatives.

6. Liability

Powerbox’s liability is limited, to the extent permissible by law and at its option, to:

1. in relation to goods:

(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent products; or
(d) the payment of the cost of having the products repaired.

2. in relation to services:

(e) the supply of the services again; or
(f) the payment of the cost of having the services supplied again.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms of Use or the Sale Terms are excluded and Powerbox is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
(g) any increased costs or expenses;
(h) any loss of profit, revenue, business, contracts or anticipated savings;
(i) any loss or expense resulting from a claim by a third party; or
(j) any special, indirect or consequential loss or damage of any nature whatsoever caused by Powerbox’s failure to complete or delay in completing the order to deliver the products.

Powerbox is not responsible and accept no liability for loss or damage arising from Website failures or downtime.

7. Links

If you wish to establish a link to the Powerbox Website from your website, you must seek our prior written consent.

This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience only and Powerbox is not responsible for the content and maintenance of or privacy compliance in relation to any linked Website. Any hyperlink on our Website to another Website does not necessarily imply our endorsement, support, or sponsorship of the operator of that Website or of the information and/or products that they provide.

8. Trademark

Powerbox’s logos (whether registered or otherwise) and any other affiliated logos owned by Powerbox may not be used without prior, specific, written consent by Powerbox.

9. Copyright and Intellectual Property

Copyright in the content on this Website is the property of Powerbox or owned by other third parties who have granted licence/s to Powerbox. Material on this Website may be viewed and may be reproduced in hard copy for your personal reference. Unless otherwise permitted by law, the material and information on this Website may not otherwise be reproduced or displayed and may not be distributed to any person or incorporated into any other website or materials without prior written approval from Powerbox.

Intellectual property rights for software, scripts, programming code, animation, and processes used in this Website are the sole property of Powerbox including without limitation, all copyrights and other proprietary rights inherent therein.

10. Security Risk

Third parties may intercept or modify transmissions to and from this Website and it is possible that computer viruses or other defects may be contained in files obtained from or through this Website. Powerbox is not liable for any damage that may be a result of your use of this Website or of any linked Website.

11. Privacy Policy

All personal information obtained by using Powerbox’s Website is governed by Powerbox’s Privacy Policy. By using the Website, you agree with Powerbox’s Privacy Policy. If you do not agree to Powerbox’s Privacy Policy, you must not provide your personal information to Powerbox.

Upon accepting these Terms of Use, the Sale Terms, and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other Powerbox goods and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email: sales@powerbox.co.nz

12. General

No waiver of any of these terms and conditions or failure to exercise a right or remedy by Powerbox will be considered to imply or constitute a further waiver by Powerbox of the same or any other term, condition, right or remedy.

Powerbox reserves the right to modify any of the Terms of Use and Privacy Policy at any time.

These Terms of Use are governed by the laws of New Zealand. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be severed without affecting the remainder.

Last updated: 20th October 2023