Our Terms & Conditions
General
These terms and conditions of sale apply to all orders for products (the “Products”) from Rapallo Ltd trading as Rapallo. Any order placed with Rapallo constitutes agreement by the purchaser (the “Customer”) to be bound to these terms.
No other terms or conditions will apply to the supply of Products by Rapallo unless they are accepted in writing by Rapallo. No sales person, representative or agent is authorised by Rapallo to give any warranty, guarantee or representation in addition to or contrary to these terms.
Rapallo endeavours to ensure information in the website is current and accurate but this cannot be guaranteed. All descriptions and illustrations of the Products contained in the Rapallo web site or otherwise communicated to the Customer are approximate only, and shall not form part of these terms and conditions.
Rapallo reserves the right to amend these terms and conditions at any time without prior notice, except that the Terms and Conditions posted on the Rapallo website at the time of a Customer order will govern the order in question, unless otherwise agreed in writing.
Prices
The prices of Products listed on the web site are current but Rapallo reserves the right to change the price of any product at any time. Custom products or any products where quotation is provided will be sold at the prices set out in the relevant quotation supplied by Rapallo with the exception of the following:
(a) Delays in delivery or installation of the goods as a result of instructions or lack of instructions from the Customer, the Customer’s failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond the control of Rapallo.
(b) Variation in the cost of Rapallo acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates; or
(c) Any correction of errors or omissions on the part of Rapallo or any of its representatives.
(d) If we discover an error in the price of any product you have ordered, we will inform you as soon as possible, and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel the order and you have already paid for the products, you will receive a full refund.
All prices specified by Rapallo are in New Zealand dollars (NZD) and include goods and services tax (GST).
Product Information and Availability Information
Rapallo reserves the right to revise the range or specification of any Products at any time without notice to the Customer. Unless otherwise confirmed, nothing on the web site is to be taken as a representation of the source of origin, manufacture, or production of any Products or any part thereof. Rapallo shall not be liable for any product errors (images, specifications or pricing) displayed on the Rapallo website. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided as is without any conditions, warranties or other terms of any kind.
All orders are subject to the availability of products and Rapallo will endeavour to notify Customers of availability on the website.
How the Contract is formed between you and us – Ordering
- Our shopping pages will guide you through the steps you need to take to place an order for a Product with us. You will need to provide all required information. Our Order Process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each step of the Order Process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in point 3 below.
- We will confirm our acceptance to you by sending you an e-mail that confirms that the order has been accepted and the Products have been dispatched (Courier Tracking & Dispatch Email). The Contract between us for the Products will only be formed when we send you the Dispatch Confirmation.
- We may at our complete discretion choose to reject any order you place. If we choose not to accept an order for a Product (perhaps because that Product is not in stock, no longer available, because we cannot meet your requested delivery date or because of an error in the price on Our Website or for any other reason), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. We as the seller will have no further liability to the buyer in relation to the rejected part of that order.
- All orders are subject to the availability of products. We may revise our range of products or the specification of any product at any time and without notice to you.
- We are entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to our administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to you. We will notify you promptly of any error or omission we discover, and give you the option of returning the goods for a full refund.
- Any attempt by you to vary or cancel any order you have placed with us will have no effect unless accepted in writing by us. Where we accept cancellation by you (in our sole discretion) we may levy a handling charge of up to 15% of the otherwise applicable purchase price.
Payment
Orders must be paid for at the time of ordering using Internet Banking or by credit card using our secure payment provider; DPS. No other forms of payment are accepted unless by prior approval.
Shipping
Products will be delivered to the address nominated by the Customer at the time of order by such carrier and such form of transport considered appropriate by Rapallo. Changes to any address details will only be accepted if received by Rapallo in written form either by email or fax prior to dispatch. PLEASE NOTE – We recommend the signature option for larger goods for security. Rapallo cannot be held accountable for any lost products if you don’t choose delivery with signature.
For more information regarding shipping, please visit: https://www.Rapallo.co.nz/shipping.php
Inspection, Transit Delays and Non-delivery.
It is the responsibility of the Customer to inspect all Products supplied as soon as is reasonably possible after delivery and shall, within 7 days of delivery, give written notice to Rapallo of the following:
- Any defect in a Product that is apparent on reasonable examination. In this case Rapallo shall, at Rapallo discretion, replace the Product or refund the purchase price in accordance with the warranty condition. The Customer must refuse parcels delivered in a damaged condition.
- Any shortfall in Products delivered. In this case Rapallo shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products.
- Any delivery of Products not in accordance with the order. In this case Rapallo shall, at Rapallo discretion, replace the Products or refund the purchase price. If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer’s instructions and to have accepted the Products as being free from all apparent defects. Any quotations of delivery times are made in good faith but are estimates and the Rapallo shall not be bound by such quotation and furthermore will not be liable for any loss, expense, or other damage caused by any delay in delivery.
Cancellation and Returns Policy
Rapallo may cancel any order, whether or not payment has been received, by giving notice of cancellation to the Customer by facsimile, email or telephone. If Rapallo elects to cancel an order where payment has been received, Rapallo will refund the payment in full.
Rapallo is not obliged to refund orders due to incompatibility issues where a product was incorrectly selected. In cases where we agree to the return of a product, the Customer will be credited at invoice value less any freight content and potentially a re-stocking fee of 15%.
The Customer may only return Products to Rapallo, and receive a refund, on the following conditions:
- The Customer must first contact Rapallo via our Exchanges & Returns Form.
- The Customer must return Products to Rapallo in their original condition and in their original packaging within 14 days of the delivery date stated on the delivery documentation, and must specify the relevant invoice number in the form.
- Where specific instructions appear on the web site in respect of the return of any Product, the Customer must follow those instructions.
- All Products are returned to Rapallo at the Customer’s risk, and Rapallo accepts no responsibility for any loss or damage to them or any other items received.
- All products to be returned must be adequately packed and dispatched freight prepaid, clearly labelled, to: Rapallo, 11A Allens Road, East Tamaki, Auckland 2013, New Zealand.
- Where a product is deemed faulty on any date 14 days after the invoice date yet still within the warranty period, it is at the discretion of Rapallo if the product is either repaired or replaced. Rapallo reserves the right to repair or replace the faulty product, if that’s not accepted by the customer, a credit note will be issued for the value of the goods less any freight charges. In these circumstances Rapallo does not refund.
Goods returned to Rapallo in breach of the above conditions shall be returned to the Customer at their expense.
Headphones cannot be returned once the packaging has been opened.
Ownership and Risk
Rapallo shall retain ownership of all ordered products until the customer has made full payment for the goods and any applicable delivery charges. The customer shall assume all risk of loss and pay all costs of insurance for the merchandise upon delivery to the nominated address, or said customer’s taking possession of the products, whichever is first to occur.
Liability
Decisions for the use of Products remain the responsibility of the Customer and involve subjective knowledge, which the Customer acknowledges is not available to Rapallo. The Customer also acknowledges that they have not relied on any information or advice given by Rapallo, their employees or agents in relation to any Products.
In no event shall Rapallo be liable to the Customer or to any third party or any injury, consequential or punitive damages, or damages for loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage arising out of or relating to:
- any product provided by Rapallo or the use or inability to use the same,
- the use or inability to use the website,
- any claim attributed to errors, omissions or other inaccuracies in the website,
- statements or conduct of any third party on the website.
Rapallo’s sole obligation and liability for product defects shall be, at Rapallo’s discretion; to replace such defective product or refund the amount paid by the customer. In no event shall Rapallo’s liability exceed the Customer’s purchase price.
Privacy Policy
The Customer authorises Rapallo to collect all personal information provided for the purposes of administering the order and providing after sales service. Personally identifiable information will only be shared with third parties when we believe in good faith that we are required to do so by law.
Force Majeure
Rapallo shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the our reasonable control.
Consumer Guarantees Act
If the Customer is purchasing Products for the purposes of a business then they agree the guarantees and remedies provided under the Consumer Guarantees Act 1993 shall not apply. For customers purchasing Products for purposes other than that of a business, any rights they may have under the act are not limited in any way by these terms and conditions.
Governing Law
These terms and conditions of sale are governed by the laws of New Zealand. Rapallo and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.
Returns Policy
99.9% of Rapallo’s orders are dispatched without a hitch, but occasionally from time to time something may go wrong and a return might be in order. This page may help you decide what might be considered a return. A refund or return is solely at the discretion of Rapallo. All shipping costs are non-fundable. Please read our Returns Policy >>
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