IMPORTANT: CONSUMERS PLEASE READ
We draw your attention to these terms and conditions which apply whenever you purchase or trade a device with ViberSTORE. Please read them very carefully because they explain important information on which we will sell you any of our devices. By completing a purchase on ViberSTORE you agree to be bound by these terms and conditions.
How These Terms And Conditions Apply
1. When reading these Terms and Conditions, the following will help you to understand the meanings of certain words used in them:
2. "Device" means the mobile phone(s) and/or iPod(s) and/or Games Console(s) you wish to purchase from ViberSTORE in accordance with these Terms and Conditions. The term "device" does not include a SIM card or Memory cards must be purchased seperatly.
3. "We/Us/Our" means ViberSTORE.co.nz whose office is at PO Box 8746, Symonds street, Auckland 1150.
4. "You/Your" means you, the person using our website and purchasing any products or services on ViberSTORE.co.nz store.
5. These Terms and Conditions apply whenever you wish to purchase a device at ViberSTORE.co.nz We may vary these Terms and Conditions from time to time and you should check them regularly for changes.
Who Can Purchase Devices on ViberSTORE.co.nz
1. The ViberSTORE service is aimed at members of the public who are interested in purchasing a 2nd hand device. In most circumstances, we re-sell devices originating from customers in Ireland. The information on this website is in English and all communications with you will be in English.
2. This website and these Terms and Conditions are designed to comply with New Zealand law. You may be viewing the website in a country in which we do not operate and trade and therefore, we cannot be held responsible for non-compliance with any local advertising or other laws in relation to this website or its contents.
3. If you are under 18 years of age, you should only purchase a device in accordance with these Terms and Conditions with the permission of your parent or legal guardian.
4. You must use your own identity at all times when using our service and you should ensure that all information which you provide is accurate and up to date. You must not under any circumstances, attempt to purchase any of our products or services, with any payment method, which you do not own, even if it is owned by a member of your family or household. By purchasing a device on ViberSTORE, you confirm that the payment method used is owned by you and you are authorized to use it.
5. We reserve the right to refuse any order(s) for a device(s) from any person for any reason.
6. Please allow a maxium of 21 days for delivery on the event Viberstore has run out of stock or a line has been discontinued, Viberstore NZ reserve the right to refund any orders it cannot compleate.
Stolen Mobile Phones
We have access to CheckMEND, a crime protection database created to track stolen mobile phones. We check all phones that we sell against this database using the phone's unique IMEI number. If a mobile phone is found to be 'Red Flagged' by CheckMEND, we will not offer any these handsets for sale under any circumstances.
Value & Payment
1. The criteria which we use to value (Price up) devices for sale are based on numerous factors including changes in market value and competitor activity. We may change the way in which we value devices at any time and without notice. Device values may therefore change from day to day which means that if you check the value of a device you wish to purchase on any given day, you may be given a different value for the same device. This does not affect any other provisions in these Terms and Conditions.
2. Device values shown on the ViberSTORE websites are valid only for that transaction. We do not hold or maintain pricing for a period of time and it could change daily.
3. All device pricing is inclusive of GST (or other applicable tax) at the prevailing rate.
4. Any special offers which are made in relation to the value of devices are, subject to particular terms and conditions which we may impose and may be varied or withdrawn at any time and without notice.0
5. Pricing will be given in NZD only and no other currency will be accepted
Our Liability & Risk
Nothing in these Terms and Conditions or elsewhere will exclude or limit our liability for death or personal injury caused by our negligence or any liability for fraudulent misrepresentation or fraud or liability which we are responsible for in relation to consumer protection rights or for any other matters which it would be illegal for us to exclude. Your statutory rights are not affected.
To the extent that we are liable to you in respect of breach of contract, for negligence or for any other legal liability in relation to our agreement with you or otherwise, our total liability to you will be limited to three times the value of the device which is the subject of the liability, (as determined by us in accordance with our usual valuation procedures) and any losses which are foreseeable as a direct consequence of us breaking our agreement with you.
Except unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate. This includes but is not limited to the following, however they arise:
1. direct loss of profit and indirect loss of profit;
2. loss of income or revenue;
3. loss of savings;
4. loss of data;
5. loss of use of money.
6. losses which you incur as a result of a failure by you to comply with your obligations under these Terms and Conditions, including without limitation, third party charges which are raised for your account as a result of a failure to adhere to Clause 7 of these Terms and Conditions.
We will not be, in any way responsible to you, for a failure to sell you a device or otherwise for a failure to comply with our obligations under these Terms and Conditions or for any costs or liabilities which you incur as a result of any circumstances beyond our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
The agreement between you and us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the agreement or appoint third parties to assist us in performing our obligations at any time provided that this will not reduce our obligations to you.
If any Clause of these Terms and Conditions is found in any way to be void by a Court or other competent authority, then all other Clauses will continue to apply.
If either we or you do not at any time act on any rights which we have under these Terms and Conditions, then it will not affect the rights of either of us to enforce any rights at a later stage. In addition, if either of us chooses not to rely on a right which we have, it will not affect any of the other rights which either of us has.
These Terms and Conditions and the agreement between us is subject to Irish law and both we and you agree that any dispute arising under or connected to it will be decided by the New Zealand courts.
No changes to the Terms and Conditions will bind either of us unless we agree to them in writing. We may amend these Terms and Conditions at any time and without notice to you. Any change will take effect immediately after being posted on the website and will be deemed to be accepted by any person who uses the website. Where you have already placed a sales order which we have accepted, the agreement between us will be deemed subject to the version of the Terms and Conditions which were in place at the time at which you placed your sales order.
Nothing in these Terms and Conditions seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms and Conditions will not change any rights which the law grants to you which the law does not allow us to change or limit.
Any notice you send to us will be deemed delivered as follows, depending on how you send it: on the day on which it is left if you deliver the notice by hand; or on the day on which it is received by us if you post the notice; or on the day on which it is sent correctly if by email; and in each case it should be sent to the addresses set out below.
A person who is not party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only we and you have rights under them. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
We have a procedure for investigating complaints and for dealing with queries about our website. Please contact: ViberSTORE PO Box 8746, Symonds street, Auckland 1150.
Applicable laws require that some of the information and communications which we send to you should be in writing. When using this website, you accept that communications with us will be mainly electronic. We will contact you by e-mail or by providing you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically, comply with any legal requirement that such communications should be in writing. This does not affect your statutory rights. Please ensure that you check your emails on a regular basis for updates on the sale of your device. We do not accept responsibility for any emails which are not received successfully, where the email address is incorrectly spelt or that are redirected or deleted by spam filters.
From time to time, new industry standards, guidelines and rules may be released. We reserve the right, at any time and without notice, to change our business processes and procedures and these Terms and Conditions in order to adhere to such standards, guidelines and rules.