Terms and Conditions
Conditions of Sale
The conditions of sale of products on www.mech.nz (hereinafter the “Website”) are regulated by these Conditions of Sale.
Article 1 Subject
- The Conditions of Sale concern the offer and sale of products and services online.
- The Seller reserves the right to amend the Conditions of Sale at any time. The changes take effect from the date they are published on the Website.
Article 2 Parties
2.1 Seller: the company Silver Road Ltd New Zealand.
2.2 Client: the party which completes and sends the electronic order form and accepts these Conditions of Sales (hereinafter the “Client”).
2.3 The products displayed on the Website are an invitation to the Client to make a contractual purchase proposal and not a public offer.
Article 3 Online Sales
3.1 An online purchase and sale agreement is a distance contract and a legal transaction for the sale of movable goods, including services. The Client can only purchase the products at the price specified on the Website, following the procedure indicated on the Website. The contract is stipulated by the Client accessing the Website and filling in the electronic order form to the Seller. The Client must provide at minimum, their name, address, email, delivery and billing address, telephone number and payment related data when making an order. Orders to countries which have not been made available on the Website or cannot be sent to due to legal restrictions cannot be accepted by the Seller.
3.2 There is a description for each product on the Website describing their main and technical characteristics. These descriptions may not be a perfect representation of their characteristics. Sizes and colours may vary and be different from the colour displayed on the monitor. Changes can be made at any time without notice. The Seller refuses all liability and imprecisions that may be in the product sheets as they are provided for reference only. Each product is shown with its price including taxes and duties. Postage costs will be calculated according to the delivery address provided by the Client and will be added to this price.
3.3 To complete the product purchase procedure the Client may either enter all the data necessary to make an order each time, or register on the Website by entering all the data necessary and creating an account ID and password and complete the order form.
The identification credentials are personal and must not be transferred to third parties. If a Client forgets their password or account ID, there is a procedure to request a new password or send their account ID to their email address. The email address linked to the account ID cannot be changed. The Client must take care to not lose access to the email address, otherwise it would require them to make a new account.
3.4 The Seller will confirm receipt of order through email to the address provided by the Client. This email will include the order date and product details as well as a Client order number that can be used in communication with the Seller.
3.5 The Seller will send an email to the Client to confirm that the product has been dispatched and will contain a shipping tracking number.
3.6 The data relating to each order will be stored for Clients with a registered account ID for at least one year.
Article 4 Product unavailability after reservation
4.1 The temporary unavailability of products is specified on the Website by not showing the products or making specific sizes unselectable when making an order. There is a “Notify Me” service that can be selected for some products which will send a notification email to the Client at their chosen email address when the product is back in stock.
4.2 Should a product by unavailable after the confirmation of an order on the Website, the Seller will email the Client to the email address that has been registered notifying this, and will refund the payment if it has already been made. If the product is only partially unavailable, then the refund of payment will also be partial.
4.3 There may be cases where products can be reserved with a delivery timeframe specified. If the product reserved becomes unavailable upon the terms of delivery specified, the Seller will refund the Client any payment already made.
Article 5 Acceptance of the conditions of sale
5.1 When submitting the order, the Client accepts the conditions of sale and payment described in this document unconditionally and complies with them in all relations with the Seller. The Client will accept that they have read and agrees to all instructions given to him and acknowledges that the Seller will not be bound by any different conditions unless agreed to in advance in writing. Any Client who disagrees with the Conditions of Sale is asked to not submit an order to purchase on this Website.
Article 6 Retail prices, taxes and duties
6.1 Unless otherwise specified in writing, all prices provided on the Website are inclusive of taxes or duties and are in US dollars. Prices are always and only valid as indicated by the product page at the time the order is submitted to the Seller. Prices may change without notice. The price is the one given at the time the order is confirmed by the Seller.
6.2 The prices do not include delivery costs. The delivery costs are calculated according to weight and destination and will be given before the Seller sends confirmation of order to the Client and must be paid in addition to the product price on the Website.
6.3 The Client may be liable for duties or sales taxes that the Seller cannot estimate which are due in accordance with the provision of the law of the destination country. The Client is asked to find out about any duties or taxes applied in the destination country.
6.4 The Client shall pay for any further costs, charges, taxes or duties that a given country may apply to the products ordered in accordance with these conditions of sale.
6.5 The Client declares that any lack of knowledge of any costs, charges, taxes or duties in regards to paragraphs 6.3 and 6.4 will not constitute grounds for termination of this contract and shall not result in any charges being incurred by the Seller.
Article 7 Method of payment
7.1 The Client can pay for the products purchased and delivery costs in any of the payment methods specified on the Website and selectable at the time of payment.
7.2 When purchasing by credit card, the reference bank will debit the amount agreed to in the order from Client’s credit card only once the Seller has confirmed the order.
In the Client exercises their right to withdraw, the Seller shall order the bank to credit the amount to be refunded to the Client’s credit card in compliance with the conditions in article 12. The Seller is not able to gain or store information on the Client’s credit card as the data is sent through a protected and encrypted connection directly to the bank’s Website. The Seller can be held liable for any fraudulent or undue use of credit cards by third parties upon making payment for products on this Website.
7.3 If payment is made by bank transfer to the Seller, the Client must specify the product, the SWIFT and IBAN codes given in the order confirmation, as well as the order number. The product will only be shipped after the amount paid has been cleared in the Seller’s bank account.
Article 8 Delivery method
8.1 Products purchased by the Client will be delivered by the Seller to the address specified by the Client. The delivery will contain the products ordered and the invoice issued by the Seller.
8.2 Seller delivers the products to the Client using selected express courier services. Without this forming any restriction for the Seller and without prejudice to the availability of products, periods of closure of the logistics warehouse, causes of force majeure, verification of a bank transfer amount (as in 7.3). The Seller will provide the products ordered within two working days of the acceptance of the order and the delivery will be made within 30 days of the day after the date on which the Client submitted the order (not including pre-orders).
If products should only be partially available after the confirmation of order, the Seller will inform the Client of this promptly and will dispatch the products available with the Client’s approval.
The Client must check the boxes are intact and for the quality and quantity of the products upon receipt. Any differences or discrepancies must be reported to the courier. If there are clear signs of damages on the packaging of the products, the Client should refuse delivery by the courier or opt to accept it “with reservations.”
Article 9 Invoicing
9.1 The Seller will send an invoice for the products ordered in a PDF format upon request, or as a physical copy in the shipment for international orders. The information supplied at the time of order will be used and the data cannot be changed once the invoice has been issued.
Article 10 Liability
10.1 Except in cases of wilful negligence or misconduct, the Seller will not be liable for any direct, indirect, or consequential damages not covered by the conditions of sale, suffered by the Client or third parties in connection with the services provided or for any damages of any type in any way connected with them, caused by breach of their obligations, even in the event of compensation for damages claimed by third parties by any title.
10.2 The Seller has the right to suspend or interrupt connection to the Website for any technical reasons, for security and efficiency, or for precautions. The Seller will not be held liable for the consequences of these suspensions or interruptions.
10.3 The Seller is not liable for unlawful use by third parties of the credit cards used by the Client when purchasing products off the Website. The Seller is not able to gain access to the Client’s credit card details.
10.4 All contractual and non-contractual liability of the Seller or any direct or indirect damages caused to people or objects by failure of the Seller to fully or partially accept an order is excluded.
Article 11 Warranty
11.1 The Website sells products of MECH. The Seller does not sell any second-hand, irregular products or products that are lower quality than the market standard.
11.2 The products are subject to the Consumer Guarantees Act 1993.
The Seller guarantees the Client that the products will be free from design and material flaws and compliant with the descriptions on the Website for a period of one year from the date the products are delivered to the Client. Warranties will be invalidated if the product is used or washed in a manner that is not appropriate for the product or in line with the instructions given by the Seller specified in the instruction booklets or on the labels.
11.3 The Client must inform the Seller of any non-conformity of products within two months of discovery with request through our consumer care. The Seller may also ask the Client to provide photographs.
11.4 The Seller with contact the Client to organise the courier collection of the non-compliant product at no expense to the Client, by repairing or replacing the product, reducing the price, or through the termination of the online sale contract and refunding the price paid.
The time required to repair or replace the product will depend on the individual policies of the manufacturers and damages cannot be claimed against the Seller for any delays.
11.5 When returning the non-compliant product to the Seller, the product must be complete with its original packaging and accessories and documents received by the Client at the time of purchase. The Seller cannot act on the product and make a repair or replacement unless the Client provides all of these.
If the flaw claimed by the Client is not a flaw in conformity after the Seller’s verification, the Seller reserves the right to charge the Client for the costs of the test and restoration and transport costs incurred. The Client can then choose to have the products returned at their own expense. If the Client refuses delivery, the Seller reserves the right to keep the products and the price paid for their purchase.
11.6 If the product is found to not have a conformity flaw, the Client may request an estimate for its repair or restoration in exchange for payment.
Article 12 Right to withdraw
12.1 The Client has a right to withdraw from the purchase made without need to provide any reason.
12.2 The right to withdraw is subject to the following conditions:
The right is reserved to consumers and does not apply to businesses. It cannot be exercised if the Client has requested the issue of an invoice with a VAT number;
The right applies the whole product and not parts or components;
In the event of promotion sales, where the purchase of one item is connected with another sold at a negligible price, the right to withdraw may be exercised only when both products are returned;
There is no right of withdrawal for the purchase of cleaning or restoration services once the service has been fully carried out;
There is no right of withdrawal for products that have been made to order for the Client.
12.3 In order to exercise his right to withdraw, without needing to provide explanations or incurring penalties, the Client must apply to withdraw from the online contract of sale within 30 days of the day on which the product was received.
12.4 The Client must deliver the product to the Seller within 30 days of notice by the Client and the costs incurred for returning the product through delivery shall be at the Client’s expense.
12.5 The product must be returned intact and carefully packaged in its original packaging complete with all accessories and manuals. If there is any visible usage of the product deemed by the Seller, the Client will be liable for the deterioration in the item’s value, which is agreed as a reduction of 50% of the price originally paid, and the Seller will withhold this amount when refunding the price.
12.6 The Client shall be unable to exercise his right to withdraw if:
There is a lack of original packaging;
There is a lack of elements including, but not limited to accessories, tags, labels, manuals, etc;
Substantial damages to the product not due to transportation.
If the right to withdraw is forfeited, the Seller will inform the Client that they are unable to accept the return. The Client can choose to have the products returned at his own expense. If the Client refuses, the Seller reserves the right to retain the products and the price paid.
12.7 Without prejudice to paragraphs 12.5 and 126, the Seller will refund the price of the product for which the Client has exercised his right to withdraw and paid delivery costs for, within 20 days of the date which the Seller receives the returned product. This will be credited to the original method of payment by the Client.
12.8 If the addressee of the product order and the person who made the payment of the purchase do not coincide, when the right to withdraw is exercised, the Client will refund the person who made the payment.
12.9 If the Client wishes to exchange the product purchased in exercising their right to withdraw, the Client shall be liable for the delivery costs for returning the products.
Article 13 Communication
14.1 The Client acknowledges and agrees that all communication and documents relating to the purchase of the products will be emailed to the address specified by the Client at the time of registration.
Article 14 Order cancellation by Seller
15.1 The Seller reserves the right to refuse or cancel an order or product that is part of an order if there is suspicion of credit card fraud.
Article 15 Applicable law and court of jurisdiction
15.1 The contract of sale stipulated by the Seller and the Client from the acceptance of an order placed through the Website will be governed by New Zealand law and specifically by the Consumer Guarantees Act 1993.
15.2 Any dispute relating to the validity, interpretation or fulfilment of these conditions of sale and the contract of sale can be submitted to the jurisdiction of the New Zealand Courts.