Terms and Conditions of Sale

INTRODUCTION AND GOVERNING LAW

1.   APPLICATION
These are the Terms & Conditions of Sale (the "Terms") applicable to on-line purchases from Epson Australia Pty Ltd, ABN 91 002 625 783 trading as Epson New Zealand, and having the registered NZ Co No. 1908749 ("Epson"). The Terms should also be read in conjunction with Epson's General Website Terms and Conditions of use.

The Terms and the laws of New Zealand, including those stated in the Consumer Guarantees Act 1993, apply to all transactions for the purchase of Epson products ("Products") from Epson through its web site at http://www.epson.co.nz and any associated web page (the "Site"). The Terms, together with an Order (as defined in clause 3.1) accepted by Epson, represents the complete agreement between Epson and the purchaser ("Buyer") of Products from this Site ("Agreement").

2.   DISCLAIMER
Except for terms implied by applicable legislation, and to the fullest extent permitted by law, Epson does not offer or agree to any conditions, warranties, guarantees or representations relating to the quality, description or performance characteristics of the Products other than those set out in the Terms.

3.   ORDERS

3.1   Order
The Buyer's completion of an order form on this Site will constitute an offer from the Buyer to purchase Products the subject of that order form (the "Order"). All Orders are subject to acceptance by Epson.

3.2   Placing an Order
All Orders made by the Buyer under this Agreement must be placed using the webpages on this Site and must specify the information requested, including (but without limitation) the:

(a)   quantity and description of the Products;
(b)   the full shipping address to which the Products are to be delivered; and
(c)   current billing address to which credit card statements or invoices are to be sent.

The Buyer must properly complete all information requested on this website and credit card payment sites for the Order to be processed, and in order, accepted by Epson.

3.3   Pre-Orders
Epson provides a Pre-Order functionality on selected products which are currently out of stock. The Pre-Order facility allows customers to place an order on Shop Online for out-of-stock items, and secure front-of-queue order allocation and delivery when the product arrives into our Auckland warehouse. Customers placing a Pre-Order will pay the full amount at time of ordering. An estimated time of arrival of the product into Epson's Auckland warehouse will be displayed on the product page. Once the stock arrives in our warehouse it will be picked and shipped to Pre-Order customers. Where stocks are limited, orders will be processed on a first ordered first shipped basis.

Prior to dispatch, should a customer wish to cancel their Pre-Order, they need to contact us on https://www.epson.co.nz/company/contactus/ or phone 0800 377 664. Payments for cancelled Pre-Orders will be refunded back to the credit card or payment method originally used to place the order. Refunds should appear on your bank/card statement within 5 working days.

3.4   Invalid Orders
Epson will not accept Orders:

(a)   from trade customers who are buying Products for resale;
(b)   if the Buyer does not agree to make payment for the Products by credit card or PayPal or one of the other methods listed in this website;
(c)   if the Buyer's credit card provider or PayPal does not authorise or confirm the payment; or
(d)   if Epson cannot confirm the delivery address of the Buyer.

3.5   Acknowledgement of Order
Upon Epson accepting an Order, it will send the Buyer an e-mail acknowledging the Products ordered as soon as possible after the Buyer places an Order. If Epson does not accept the Order for any reason, Epson will inform the Buyer by email in the same manner, and refund or reverse any payment made by the Buyer under that Order whether by credit card or PayPal or otherwise.

3.6   No Modification of Order
The Buyer acknowledges that once an Order has been placed online, it is automatically processed via an off site warehouse, and Epson is unable to modify the Order once processed. Please ensure that your address details and the Products ordered on the Order are correct. We recommend sending the Products to your work address or where someone is present to take delivery of your Order.

4.   PRICE

4.1   Price
The prices payable by the Buyer for all Products will be Epson's then current selling price on the date of receipt by Epson of the Order, less any applicable discounts in effect at that time. All Orders will attract a delivery charge (except for free or discounted freight specials/promotions). The delivery charge will be advised to the Buyer on the delivery charges screen and on the checkout shopping summary screen.

4.2   Change of Price
Epson reserves the right to change its prices from time to time without prior notice to the Buyer.

4.3   GST Payable
All prices in this website are shown in New Zealand dollars $NZ and are inclusive of New Zealand Goods and Services Tax ("GST") at the current rate of 15%. The GST payable by the Buyer will be shown on the checkout shopping summary screen and on the invoice.

5.   TITLE AND RISK

5.1   Title
Title in the Products does not pass to the Buyer until Epson has received the total amount payable, and all other amounts owed by the Buyer to Epson for other Products supplied to the Buyer, in full and in cleared funds.

5.2   Risk
The Buyer assumes risk in the Products immediately when the Products leave Epson’s premises for delivery to the address set out in the Buyer’s Order.

6.   PROMOTIONAL VOUCHER CODES

6.1   Voucher Codes
From time to time Epson may present customers with promotional voucher codes. These may be used/redeemed on "Shop Online" to reduce Order values or provide bonus items. Only one voucher may be used at a time / per Order. Vouchers must be used prior to their expiry date, and in accordance with the conditions issued with that voucher.

7.   STOCK AVAILABILITY

7.1   Out of Stock
If a Product is "out of stock", customers can click the "Notify Me" button (except on "Carton Damaged" stock, that's on a "While Stocks Last" basis), and an automated e-mail will be sent to the Buyer once the Product is available for purchase. If for some reason Epson cannot processes an Order, Epson will contact the Buyer to discuss revised delivery times or refund options.

8.   DELIVERY

8.1   Delivery Location
Epson will deliver the Product to the delivery address specified in an accepted Order.

8.2   Delivery Times
Epson will use all commercially reasonable efforts to deliver Products in a timely manner. Delivery of the Product will likely occur between 1-7 business days after acceptance of an Order, however the Buyer acknowledges that dates proposed for delivery are estimates only and Epson is not bound by such dates.

8.3   Freight Method
Epson will arrange delivery of all Products to the Buyer using its nominated freight carriers. The Buyer must not arrange its own courier to collect the Products from Epson. Please Note: Orders are shipped from a separate warehouse and are not shipped from Epson's office address.

8.4   Delayed Delivery
(a)   If the Buyer’s Order has not been delivered within a reasonable time following the estimated delivery time, the Buyer should first look at the Order dispatch e-mail and visit the couriers website to perform a tack & trace goods location / delivery status. In most cases the undelivered Order is awaiting collection at the Buyer's local post office. If the Product is lost in transit please contact Epson Shop Online Administrator.

(b)   Epson may suspend or delay delivery without liability where delay in delivery is caused by circumstances beyond Epson’s reasonable control.  Such suspension of delivery by Epson does not relieve the Buyer from any of its obligations under this Agreement, including the obligation to make payment of the Order.

8.5   Delivery Charges
Delivery charges are based on the physical weight or the cubic weight of the carton, or whichever is the greater. Prior to logging in on the “My Trolley” page, Buyers can enter their postcode and select their suburb. Delivery charges for that Order (including GST) will be displayed. Changing quantity or mix of Products ordered may affect the delivery charge.

8.6   Partial Delivery
Epson reserves the right to make partial delivery of an Order.

8.7   Delivery Details
Please check the correctness of the delivery address, and Order details prior to placing an Order. Once an Order is placed and processed, Epson is unable to change Order details or delivery address.

8.8   Signature Required

Covid-19 Update: Contactless Home Delivery
In the interests of public health and safety of our customers and delivery providers, some delivery providers have advised that goods/parcels no longer require signatures on collection or delivery. Selected delivery providers will also take photos as proof of delivery. Please read below information in this regard from delivery providers:

If no one is available at the delivery address to receive the Products, Epson's delivery agent will leave an "unable to deliver" card at the address and the Buyer should follow the directions on that card to obtain delivery of their Order. When the NZ Courier / Post is unable to deliver your parcel, it will be returned to your nearest local post office for your collection. In this instance Buyers must arrange collection of their Order from the Post Office. Proof of identity and signature will be required at collection.

9.   CANCELLATION

9.1   Cancelling an Order
Once an Order has been placed online it is electronically transmitted to the warehouse for automated fulfilment. Once an Order is placed Epson cannot stop it from being shipped. The Buyer will need to contact the Epson Shop Online Administrator, and arrange for a Return Material Authorisation ("RMA") number and return instructions. Once the Order has been returned to Epson in unopened condition, the Buyer's credit card or PayPal account will be refunded within 5 working days.

10.   PAYMENT

10.1   Payment Method
Payment for Products purchased from Epson via the Site can only be made by either:

• VISA, MasterCard or American Express credit cards via the ANZ eGate credit card gateway; or
• VISA, MasterCard or American Express credit cards or funds transfer via PayPal.

10.2   Credit Card Information
Credit card information submitted by the Buyer will be verified by the credit card provider or PayPal, and the Buyer will be advised by Epson if their Order has been accepted. The Buyer agrees to submit to Epson such information as may be reasonably requested by Epson or the credit card provider / PayPal for the authorization and verification of its credit card purchases.

10.3   Security
Please note that Buyer credit card numbers and details are not processed or retained on Epson systems. Credit card providers may activate additional security measures, such as "Verified by Visa" or "MasterCard SecureCode" on your credit card (requiring an additional password or PIN code). We have no control or access to credit card authentication systems. For all credit card or PayPal issues you must contact your bank, credit card provider or PayPal.

10.4   Lawful Remedies
Epson reserves the right to exercise its lawful remedies if a dispute arises over payment through the Buyer's credit card provider. In particular, but without limitation, if the Buyer's credit card provider or PayPal rejects a payment when due, Epson at its discretion may delay or cancel delivery of Orders placed by the Buyer.

10.5   Deduction from refunds for sums owed by the Buyer
Epson may also offset and deduct from any refund due to the Buyer all sums owed by the Buyer to Epson. If the Buyer's account is placed in collection, Epson will be entitled to claim all reasonable expenses for collection, including legal fees incurred in connection therewith.

11.   DEAD ON ARRIVAL
A Product is deemed to be Dead on Arrival ("DOA") if it fails to function according to its specifications either on set-up by the Buyer or within 30 days of its purchase date. The time period for calculating DOA commences two working days after delivery of a Buyer's Order.

If the Buyer believes that a Product is DOA, they must contact Epson technical support http://tech.epson.co.nz/contact/ report the DOA status and discuss the fault. If Epson considers the Product to be DOA, it will issue a (RMA) number and will send a DOA label, consignment note and return instructions to the Buyer.

Epson will pay the freight cost associated with the return of a DOA Product, provided that the Buyer uses the Epson nominated freight carrier. Epson will deliver a replacement Product to the Buyer promptly upon receipt of a Product that it considers to be DOA.

12.   INCORRECT ORDERING OF CONSUMABLES & OTHER ITEMS

12.1   Consumable Checking
The "Trolley Compatibility" checking screen allows the confirmation of trolley consumable items with compatible printers, and main unit Products to ensure that Buyers have ordered the correct consumables or options for their printer or main unit.

12.2   Returns
Should a Buyer continue to select an incorrect consumable or item and then wish to return it, a $15 re-stocking fee will be deducted from the refund provided the returned items are in new condition with their original unopened packaging. The Buyer's credit card or PayPal account will be refunded within 5 working days.

Before returning an incorrect consumable / item, the Buyer must contact the Epson Shop Online Administrator and obtain from Epson a RMA number and return instructions. At their own cost, the Buyer must return the consumable / item to Epson within thirty (30) days after receiving the RMA number.

13.   INCORRECT SUPPLY OF ORDER
If due to a warehouse error or other error on the part of Epson, the Buyer receives a Product which does not conform to its Order, the Buyer must contact Epson Shop Online Administrator within 7 days of receipt of the Product, and Epson will arrange collection of the incorrect item and issue a replacement or provide the Product ordered, provided that the returned Product is in new condition with its original packaging unopened.

Before returning a Product, the Buyer must obtain from Epson a RMA number and return instructions provided by the Epson Shop Online Administrator

14.   PRODUCTS DAMAGED IN TRANSIT
For claims of alleged damage to Products caused in transit from Epson to the destination specified, the Buyer must contact Epson Shop Online Administrator within 48 hours of receipt of delivery, and the consignment note must be marked as "Received Damaged".

The Buyer can also refuse to accept delivery of an obviously damaged item from the courier, and have the item returned to Epson.

In either case the Buyer must contact the Epson Shop Online Administrator and obtain a RMA number and return instructions. The Buyer must also supply a copy of the consignment note to Epson.

15.   CARTON DAMAGED PRODUCTS
From time to time Epson offers a limited number of Products that may have slight cosmetic damage to the outside carton. These Products are undamaged and come with a full Epson new Product warranty. Carton damaged Products available on this website are only offered for sale to end users (on a ”While Stocks Last” basis), and are not offered for re-sale by resellers.

16.   DELIVERY OUTSIDE NEW ZEALAND
Epson is unable to accept Orders from or deliver to, addresses outside New Zealand.

17.   OVERSEAS PRINTER MODELS
Epson printers are particular to a country region, and consumables will vary from country to country. Consumables sold on Epson New Zealand's websites are for printers sold in the New Zealand and Australian marketplace, and may not be suitable for models sold in other countries. Please contact Epson technical support, phone 0800 377 664 or Epson Shop Online Administrator before making consumable purchases for overseas supplied Products.

18.   NOT FOR EXPORT OUTSIDE NEW ZEALAND
Products ordered via the Epson New Zealand Shop Online website are for New Zealand use only and are in no circumstances available for export outside of New Zealand.

19.   INTELLECTUAL PROPERTY
The Buyer must not:

(a)   do, or omit to do, anything which results in the infringement of Epson's intellectual property rights, or that of its licensors, including removing or altering any trademarks on the Product or misusing or making copies of any Epson software or that of its licensor; and;

(b)   use any of Epson's intellectual property or its related bodies corporate in any way whatsoever unless expressly authorised by Epson in writing.

20.   LICENCE TO USE SOFTWARE INCORPOATED IN PRODUCT
Where the Product consists of or incorporates any software:

(a)   title in that software and all intellectual property rights in that software, does not pass to the Buyer; and

(b)   Epson grants the Buyer a perpetual, non-exclusive, royalty free, non-transferable licence to use that software with the Product solely as expressly permitted by the operating manual for that Product.

21.   WARRANTY

21.1   Limitation of Liability
Despite anything else in this Agreement, should Epson breach any statutorily implied warranty or guarantee, then to the extent permitted by law, Epson's liability for such breach is limited to, at its option, in the case of goods, including the Product either:

(a)   repairing or replacing the goods or the supply of equivalent goods; or

(b)   the payment of the cost of replacing or repairing the goods or acquiring equivalent goods.

21.2   Epson's Product Warranty
All Products from the Site are supplied with an Epson warranty on terms specific to that Product. For full details on the warranty terms applicable to your Epson Product please go to www.epson.co.nz/warranty.

21.3   Manufacturer's Warranties
Any express manufacturer warranties given by Epson will be void if the Buyer:

(a)    uses or operates the Product in any manner except strictly in accordance with any user guides, instructions or other similar materials provided with such Products or by Epson (including misuse or negligence); or

(b)    uses any consumables or other materials other than those that are Epson provided or Epson approved, with the Product.

21.5   Non-Epson Product Warranty
Non-Epson manufactured Products sold by Epson will be covered by that specific manufacturer's warranty, terms and conditions. Please refer to the manufacturer's website for their specific warranty conditions.

21.6   Notification of Defect
The Buyer must immediately notify Epson in writing upon the discovery of any defect in the Product, and must not carry out any remedial work on the Product without first obtaining Epson's written consent.

21.7   Acknowledgement
The Buyer acknowledges and agrees that:

(a)   it has not relied upon and Epson is not liable for any advice given by Epson, its agents or employees in relation to the suitability for any purpose of the Product supplied by Epson; and

(b)   Epson has not made any representation which is not otherwise expressly stated in this Agreement.

22.   FORCE MAJEURE
With the exception of payment obligations, neither party will be liable to the other for any delay in performance or for any non-performance the cause of which is beyond the reasonable control of that party.

23.   AMENDMENT OF TERMS AND CONDITIONS
Epson may revise these Terms from time to time. Buyers of Products should therefore periodically visit this page to familiarise themselves with any such revisions. Such changes will only apply to Orders accepted by Epson after such changes have been published on this Site.

24.   JURISDICTION AND GOVERNING LAW
This Agreement represents the entire understanding between the parties in relation to the subject matter and will take precedence over any previous arrangement, representation or oral agreement. These Terms will be interpreted in accordance with and governed by the laws of New Zealand.

25.   GENERAL PROVISIONS
These Terms are also to be read in conjunction with Epson's General Website Terms of Use,  Security Policy, and Privacy Policy.

How to Contact Us
If you have any questions about these Terms and Conditions of Sale, or Shop Online orders, please phone 0800 377 664 or contact us.