These terms and conditions outline the rules and regulations for the use of Avatude’s Website.
Avatude is located at: 5 Moncur Place, Addington Addington, Christchurch
New Zealand — Canterbury – 8024, New Zealand
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Avatude’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of a provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of New Zealand. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
These sales terms and conditions apply to all orders made on our website. Avatude reserves its right to adapt or modify the sales terms and conditions at any point in time, with immediate effect on the orders made from the date of the change.
Our offers for products and prices are valid as long as they are displayed on the website.
This website is defined for end-customers. Consequently, in order to maintain the long-term quality of our offer to end-customers, Avatude has determined for each order a cap in the number of units of products which can be purchased.
Every purchase order click-signed by you constitutes an irrevocable commitment, which can be modified only pursuant to the terms and conditions set out herein. Clicking, along with the identity checks and the protection of messages, is equivalent to an electronic signature. This electronic signature has the same value in-between parties as a hand-written signature.
Avatude reserves its right to modify its prices at any time, but undertakes that the prices applied will be those in effect at the time of your order, except in cases of typographical errors.
In the event that an Avatude product is mistakenly listed at an incorrect price, Avatude reserves the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Avatude shall issue a credit to your credit card account in the amount of the incorrect price.
Payment can be made by credit card; payment is carried out via the secured banking networks of our partners; your banking information does not transit via the Avatude website. Your credit card data is encrypted under SSL (Secure Socket Layer) protocol and does not transit openly on the web. Payment is effected directly by the bank. Avatude does in no event have access to your credit card data and does not retain them on its server. This explains why we ask for your credit card data for each new order on our website.
Your order is registered and validated as soon as payment is accepted by the bank.
However, Avatude reserves its right to refuse to deliver to a customer, in case he or she would not have fully settled a previous order, or with whom a payment claim would be in process.
Avatude sells its products out of their New Zealand or Australian warehouses, with the transportation costs and risks being borne by the purchaser. Products will be delivered at the delivery address indicated by you as part of the order filling.
Shipment times will vary depending on your location and the mode of shipment selected by you.
Shipment times indicated on the website are averages. Duties may be levied on the purchaser by the customs authorities of the country of delivery.
If the packaging is damaged, torn or opened at the time of delivery, please check the condition of the products. If they have been damaged, you must refuse delivery or make an ad hoc reservation on the delivery confirmation slip (delivery refused: opened or damaged).
Additionally, you should check that the packaged delivered to you corresponds to your purchase order before signing the delivery confirmation slip. You should make handwritten signed reservations if there are anomalies (damaged product, …). This check will be deemed satisfactory if the purchaser or a person authorized by the purchaser has signed the delivery confirmation slip.
Avatude cannot be held responsible for delays in or the non-execution of the contract in cases of force majeure, including notably partial or general strike of postal services and/or transporters.
The selection and purchase of a product or service are under the customer’s sole responsibility, who will have checked for himself that the product can be freely imported in the country of delivery. Avatude cannot be held responsible in case the importation of the products is rejected by the authorities or is subject to duties.
Avatude’s responsibility is limited to non-conform or defective products.
“Avatude” stands behind the products we sell and guarantee that they are brand new, authentic, and in original packaging.
We encourage all clients to contact us if there is an issue with the products received. Credit and debit cards are charged upon completion of the checkout process on the Avatude website. All transactions will appear on your credit card statements as “Avatude”, “AVATUDE” or “Avatude Eyewear”.
You must check the conformity of the goods at the time of delivery before signing the delivery confirmation slip. You must make handwritten signed reservations on the delivery confirmation slip in case of any anomaly (damaged product, damage in transit, production defect).
This check will be deemed satisfactory if the purchaser or a person authorised by the purchaser has signed the delivery confirmation slip. Lastly, if the package is returned to us for any of the following reasons: incorrect address, unclaimed after the expiry of the claiming period, or rejected by the consignee at the time of delivery, the costs of forwarding back to us will be at the expense of the customer.
A product qualifies for replacement if:
– it was purchased directly from the website: avatude.com;
– It is returned to avatude.com for processing|:
Ship the unopened product to:
5 Moncur Place
– avatude.com may accept other returns at its sole discretion with prior approval;
ADDITIONAL TERMS OF RETURN POLICY:
– Wholesalers are not authorised to accept returns of avatude.com distributed products.
– If requested by avatude.com, a customer should email photographs of damaged product for investigation purposes to firstname.lastname@example.org.
– Visible claims should be reported within 3 days of receipt of the product.
– Concealed damages and shortages should be reported within 10 days of delivery.
– Any refunds will be issued at the purchase price paid for the product.
– Where loss, shortage, breakage, leakage, or other damage has occurred in transit, the customer agrees to cooperate fully with avatude.com’s effort to establish a claim against the transportation company. Request for credit submitted without appropriate documentation will be denied.
Please call our FREE PHONE (NZ) 0508 96 33 33 or (AUS) 1800 199 860 to speak to an Avatude representative or email email@example.com.
Please refer to the order number, date of purchase, product bought, your email address and shipping address.
For customers accessing the website in Australia, all prices are in Australian dollars (AUD) and transactions are billed in Australian dollars. For all other customers, prices are stated in New Zealand dollars (NZD) and transactions are billed in New Zealand dollars.