Terms of service
OVERVIEW
This website is operated by PK Electronics. Throughout the site, the terms “we”, “us” and “our” refer to PK Electronics.
PK Electronics provides this website, including the information, tools, products and services available through it, subject to these Terms of Service.
By visiting our website, creating an account, placing an order or otherwise using our services, you agree to these Terms of Service and any policies referred to in them, including our Privacy Policy, Refund Policy and Shipping Policy.
Please read these Terms carefully before using our website.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot legally be excluded, restricted or modified, including rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or, where applicable, the Australian Consumer Law.
SECTION 1 — USE OF OUR WEBSITE
You may use our website only for lawful purposes.
You agree to provide accurate, current and complete information when placing an order, creating an account or otherwise providing information to us.
If you create an account, you are responsible for keeping your login information secure and for activity occurring through your account.
If you are under 18 years of age, you should use our website and make purchases only with the involvement or permission of a parent or legal guardian where required by law.
You must not use our website in a manner that could damage, disable, interfere with or compromise the security or operation of the website or its services.
SECTION 2 — PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to ensure that product descriptions, specifications, prices, images and other information displayed on our website are accurate and current.
Product colours and appearance may vary slightly depending on your screen, device settings, lighting conditions and, where applicable, manufacturing variations.
Product measurements stated as approximate may be subject to reasonable manufacturing tolerances.
We may update product information, specifications, availability or pricing when necessary.
Where a product is sold with different models, colours, sizes, lengths, power ratings or other variants, you are responsible for selecting the appropriate variant before placing your order.
Nothing in this section limits your rights where a product does not match its description, is faulty, is unsafe, is not of acceptable quality or otherwise fails to meet a guarantee imposed by applicable consumer law.
SECTION 3 — ORDERS
When you submit an order, you are making an offer to purchase the products shown in your order.
We may accept or decline an order where reasonably necessary, including where:
- a product is unavailable;
- payment cannot be processed;
- we reasonably suspect fraud or unauthorised activity;
- delivery is unavailable to the address supplied; or
- there is an obvious error in product information or pricing.
If we cancel an order after receiving payment, we will refund the amount paid for the cancelled item or order.
Receiving an automated order acknowledgement does not necessarily mean your order has been accepted. Acceptance occurs when we confirm the order for fulfilment or otherwise confirm acceptance.
Please check your delivery address, contact information, product selection and variants carefully before submitting your order.
If you request a cancellation after an order has entered processing or fulfilment, we may not always be able to stop the shipment. Any return rights will then be determined by our Refund Policy and applicable consumer law.
SECTION 4 — PRICES AND PAYMENT
Prices displayed on our website are shown in the currency selected or otherwise indicated on the website.
The final price payable, including any applicable shipping charges, will be displayed during checkout before you complete your purchase.
Prices and promotions may change from time to time. Changes will not ordinarily affect orders that we have already accepted.
You agree to provide accurate billing and payment information and confirm that you are authorised to use the payment method provided.
If we identify an obvious pricing or listing error before fulfilment, we may contact you to confirm whether you wish to proceed at the correct price or cancel the affected item and receive a refund.
Nothing in this section limits your rights under applicable consumer law.
SECTION 5 — SHIPPING AND DELIVERY
Shipping destinations, charges, estimated processing times and estimated delivery times are described in our Shipping Policy and, where applicable, during checkout.
Delivery estimates are estimates rather than guaranteed delivery dates unless we expressly state otherwise.
Delays may occasionally occur because of carriers, customs processing, severe weather, public holidays, supply interruptions or other circumstances outside our reasonable control. Where a delay occurs, we will provide reasonable assistance in investigating the shipment.
Where PK Electronics arranges delivery of your order, we remain responsible for the delivery of the goods in accordance with applicable consumer law. Risk of loss or damage does not pass to you merely because we have handed the parcel to a carrier.
If an order is lost, arrives damaged or does not arrive within the agreed timeframe or otherwise within a reasonable timeframe, please contact us so that we can investigate and provide any remedy required by applicable law.
You are responsible for providing a complete and accurate delivery address. Additional costs caused solely by an incorrect or incomplete address supplied by you may be your responsibility where permitted by law.
Nothing in this section limits your statutory rights relating to delivery.
SECTION 6 — RETURNS, REFUNDS AND CONSUMER RIGHTS
Our voluntary change-of-mind return conditions are described in our Refund Policy.
Our Refund Policy is in addition to, and does not replace or limit, rights available to you under applicable consumer law.
For customers in New Zealand, products sold for personal or household use are subject to guarantees under the Consumer Guarantees Act 1993, including that products must:
- be of acceptable quality;
- be safe and durable for a reasonable period;
- be fit for their normal purpose and any particular purpose agreed with us;
- match their description; and
- be delivered within an agreed or reasonable timeframe and in acceptable condition.
If a product fails to meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or another remedy depending on the nature of the problem.
New Zealand Consumer Protection confirms that these statutory rights exist regardless of a store's own warranty or return policy.
For Australian consumers, where Australian Consumer Law applies, you may also have non-excludable consumer-guarantee rights, including rights to a repair, replacement or refund in appropriate circumstances.
A change of mind alone does not necessarily create a statutory right to a refund. Change-of-mind returns are governed by our Refund Policy.
Where goods are faulty, damaged, incorrectly supplied or otherwise fail to meet applicable consumer guarantees, we will not require you to bear costs that the law requires us to bear, including reasonable return-delivery costs where applicable.
SECTION 7 — PRODUCT AVAILABILITY
Products may be available in limited quantities and may become unavailable without notice.
We may discontinue products or variants from time to time.
If a product becomes unavailable after you place an order and we cannot fulfil it, we will contact you and provide a refund for the unavailable item unless you agree to an alternative.
SECTION 8 — INTELLECTUAL PROPERTY
Unless otherwise stated, the content of this website, including our original text, graphics, logos, designs, photographs, videos and website materials, is owned by or licensed to PK Electronics and is protected by applicable intellectual-property laws.
Third-party trademarks, product names, logos and other intellectual property remain the property of their respective owners.
You may use our website for your personal, non-commercial use.
You must not reproduce, republish, distribute, modify or commercially exploit our protected website content without our prior permission, except where permitted by law.
Nothing in these Terms gives you ownership of any intellectual property belonging to PK Electronics, Shopify or any third party.
SECTION 9 — THIRD-PARTY SERVICES AND LINKS
Our website may contain links to or integrations with third-party websites, payment providers, applications or services.
Third-party services may be governed by their own terms and privacy policies.
We are not responsible for the content, availability or practices of independent third-party websites that we do not control.
However, nothing in this section excludes responsibility that PK Electronics has to you under applicable consumer law in relation to products or services supplied by us.
SECTION 10 — SHOPIFY
Our online store is hosted using Shopify's ecommerce platform.
Shopify provides technology that enables us to operate the store, but products purchased from PK Electronics are sold by PK Electronics, not Shopify.
Questions, complaints, returns and other issues relating to products purchased from our store should therefore be directed to PK Electronics.
Nothing in this section limits any legal rights you may have against any party under applicable law.
SECTION 11 — PRIVACY
We collect and process personal information in accordance with our Privacy Policy and applicable privacy law.
Because our website is hosted by Shopify and uses third-party providers to operate functions such as payments, analytics, fulfilment and communications, certain personal information may be processed by those providers in accordance with their respective privacy practices.
Please review our Privacy Policy for further information about how personal information is collected, used, stored and disclosed.
SECTION 12 — REVIEWS, FEEDBACK AND USER CONTENT
If you voluntarily submit a review, comment, photograph, suggestion or other content to us, you confirm that you have the right to submit that material.
You grant PK Electronics a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for purposes connected with operating and promoting our business, subject to applicable law and our Privacy Policy.
You must not submit content that:
- infringes another person's intellectual-property or privacy rights;
- is knowingly false or misleading;
- contains unlawful, abusive or defamatory material;
- contains malicious software; or
- impersonates another person.
We may moderate or remove user-submitted content where reasonably necessary.
We will not knowingly alter customer reviews in a manner that creates a misleading impression about customer experiences.
SECTION 13 — ERRORS AND CORRECTIONS
Occasionally our website may contain typographical errors, inaccurate information or omissions relating to matters such as product descriptions, prices, promotions, shipping charges, availability or delivery estimates.
We may correct genuine errors and update information when reasonably necessary.
If an error materially affects an order you have already placed, we will contact you where appropriate.
Nothing in this section permits us to avoid obligations or remedies that apply under consumer law.
SECTION 14 — PROHIBITED USES
You must not use our website:
- for unlawful or fraudulent purposes;
- to infringe another person's rights;
- to submit false or misleading information;
- to distribute malware or malicious code;
- to interfere with website security;
- to collect other users' personal information without lawful authority;
- to impersonate another person or organisation;
- to send unsolicited spam or abusive communications; or
- to attempt unauthorised access to our systems or accounts.
We may restrict or suspend access where we reasonably believe these Terms have been seriously violated.
SECTION 15 — SUSPENSION AND TERMINATION
We may suspend or terminate access to an account or website feature where reasonably necessary because of fraud, misuse, unlawful activity, security threats or material breach of these Terms.
Termination of website access does not affect:
- an order we have already accepted unless the order is separately and lawfully cancelled;
- amounts legitimately owing;
- existing consumer rights; or
- provisions of these Terms that reasonably continue after termination.
SECTION 16 — WEBSITE AVAILABILITY
We aim to keep our website available and operating correctly but cannot guarantee that it will always be uninterrupted or error-free.
The website may occasionally be unavailable due to maintenance, technical problems, security issues or circumstances beyond our reasonable control.
This section relates to the operation of the website itself and does not exclude statutory guarantees or remedies relating to products purchased from us.
SECTION 17 — CONSUMER GUARANTEES AND WARRANTIES
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy that cannot legally be excluded, restricted or modified.
In particular, nothing in these Terms is intended to exclude rights provided by the New Zealand Consumer Guarantees Act 1993 or, where applicable, the Australian Consumer Law.
Any manufacturer's warranty, store warranty or voluntary guarantee offered in relation to a product is additional to applicable statutory consumer rights.
SECTION 18 — LIMITATION OF LIABILITY
To the maximum extent permitted by law, PK Electronics will not be liable for indirect or consequential loss arising solely from your misuse of our website or products, or from circumstances outside our reasonable control.
However, nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, this limitation does not exclude or restrict your rights or remedies under applicable consumer-protection law.
You are responsible for following product instructions and using products in a manner reasonably consistent with their intended purpose.
SECTION 19 — INDEMNITY
To the extent permitted by law, you are responsible for loss suffered by PK Electronics that directly results from your deliberate unlawful use of our Services or a serious breach of these Terms.
This section does not require you to indemnify PK Electronics for losses caused by our own negligence, breach of law or failure to comply with our obligations to you.
SECTION 20 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue to apply.
SECTION 21 — WAIVER
If we do not immediately enforce a right or provision under these Terms, this does not mean that we have waived that right.
SECTION 22 — ENTIRE AGREEMENT
These Terms, together with the policies referred to in them, form the agreement governing your use of our website and purchases from us.
If a provision of these Terms conflicts with a mandatory right provided by applicable law, the mandatory legal right prevails.
SECTION 23 — GOVERNING LAW
These Terms are governed by the laws of New Zealand.
However, this choice of law does not exclude or restrict any mandatory consumer protections that apply to you because of the country or jurisdiction in which you live.
For example, where PK Electronics supplies products directly to consumers in Australia and Australian Consumer Law applies, nothing in these Terms is intended to remove those Australian statutory rights.
Subject to any mandatory rights you have to bring a claim elsewhere, disputes relating to these Terms may be dealt with by the courts and tribunals of New Zealand.
SECTION 24 — CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, website, services or legal obligations.
The current version will be published on this page.
Changes will apply from the date stated or, if no date is stated, from the date they are published.
Changes will not retrospectively remove statutory rights that arose before the Terms were updated.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
PK Electronics
Email: support@pksetups.com
Phone: +64 28 431 2180
Business address: 15B Portman Road, Mount Wellington, Auckland, 1060