Terms and Conditions
This agreement governs your use of this website and your purchase of products from Capture Marketing and Distribution Services Limited. Please read it carefully. By submitting your order you are agreeing to these Terms.
- 1.1 This website is owned and operated by Capture Marketing and Distribution Services Limited, a company registered in New Zealand (company registration number 2171275) whose registered office is at 50 Ngataringa Road, Devonport, Auckland 0624, New Zealand. Unless we say otherwise, when we use the terms, “Blackbox”, “we”, “our” and “us” on this website these refer to Capture Marketing and Distribution Services Limited (including throughout the website Terms and Conditions and the General Terms and Conditions of Sale).
- 1.3 By accessing the Website, placing an order or request for products or services with BlackBox, you accept to be bound by the Terms, which forms the entirety of your agreement with BlackBox. If you do not accept the Terms, please refrain from using the Website.
2. Use of this
- 2.1 You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.
- 2.2 All rights, including copyright and other intellectual property rights, in and to the Website are owned by Capture Marketing and Distribution Services Limited.
2.3 You may use, download and print content on the Website solely for your own personal use and other than this, you may not without our prior written consent:
- - copy, reproduce, use or otherwise deal with any content on the Website;
- - modify, distribute or re-post any content on the Website for any purpose;
- - reproduce, crawl, frame, link to or deep-link into the Website on or from any other website;
- - use the content of the Website for any commercial exploitation whatsoever.
- 2.4 The website may from time to time undergo modification or enact a promotion that may require your use of a password and/or the creation of an account. In such case you are solely responsible for maintaining the confidentiality of your password and account (if any) and any activities that occur under your account. Capture Marketing and Distribution Services Limited shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
- 2.5 We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law that content or information displayed in or on the Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
- 2.6 Where the Website may from time to time facilitate the posting of opinions, reviews or customer comments the views expressed in such user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Capture Marketing and Distribution Services Limited.
- 2.7 Capture Marketing and Distribution Services Limited applies reasonable efforts to ensure that the Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Website (including any content on it or any website which from time to time may be accessible from it) will not cause damage to your computer or other device.
- 2.8 We may place links on this Website to other websites which we think you may want to visit. We do not vet these websites and we do not have any control over their contents. Except where required by applicable law, we cannot accept any liability in respect of the use of these websites.
- 2.9 It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely, qualifying all arriving content so as to avoid anything that may damage or harm your computer or other device.
- 2.10 Except where required by applicable law, Capture Marketing and Distribution Services Limited shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
- 2.11 We accept no liability for any losses or damages which are not reasonably forseeable arising out of or in connection with these Website Terms or your use of the Website. Except to the extent required by applicable law, Capture Marketing and Distribution Services Limited shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.
- 2.11 These exclusions shall be governed by and construed in accordance with New Zealand law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- 2.13 We reserve the right to change and update the Website Terms from time to time. By continuing to access, browse and use this Website, you will be deemed to have agreed to any such changes or updates to our Website Terms.
- 2.14 The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
3. Use of the Website from outside New
- 3.1 Except where otherwise specified on the Website, the materials on the Website are displayed solely for the purposes of promoting our products and accessories available in New Zealand. However we may accept orders for delivery to locations outside of New Zealand subject to relevant customs, legal, regulatory and any specific practical restrictions or limitations as may apply.
- 3.2 In choosing to access this Website from locations outside New Zealand or in placing orders for delivery to locations outside New Zealand you are exclusively responsible for compliance with local laws to the extent local laws are applicable.
- 4.1 “Product” means any item offered for sale on the Website including but not limited to hardware devices and accessories and associated documentation.
- 4.2 BlackBox attempts to be as accurate as possible in its product descriptions. However, BlackBox does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error-free. Whilst we try to display the colours of our products and packaging accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
4.3We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described and we shall continue to exercise this care. However, when ordering products or services through the Website, please note that:
- (a) orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- (b) packaging may vary from that shown on the Website;
- (c) the weights, dimensions and capacities shown on the Website are approximate only.
- (d) all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available.
5. Price And
- 5.1 All products will be purchased at the price stated on the Website.
- 5.2 All prices are displayed in currencies generally applicable to the geographic region from where we anticipate (by means of information transmitted by your computer or internet provider) that you access the Website; variations in equivalent pricing may exist between geographic locations as a result of the impact of the variable and various costs associated with shipping, storage, duties, sales taxes, and currency exchange fluctuations etc.
- 5.3 For orders placed on the Website, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on the Website is incorrect, then the following applies: if a Product’s correct price is lower than our stated price, we will charge the lower price and ship you the Product, refunding the appropriate price difference; if a Product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- 5.4 Price may be altered by BlackBox without notice but every endeavour will be made to display the correct price at the time of ordering.
- 5.5 Payment must be made by credit card via the Website’s online DPS payment systems. The product will not be dispatched until payments have been received and confirmed by BlackBox.
- 5.6 Purchases will be made in a currency that is displayed on the Blackbox web page that you visit and will apply to payments made on that part of the website. For international credit card payments your credit card provider or banks will determine the applicable exchange rate, if any, and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
- 5.7 To the extent that such an arrangement is permissible under the terms and conditions of the electronic payment process provider, the purchaser may elect a delivery address or a named recipient that is different to the delivery address or the name provided by the purchaser, as determined by payment cardholder details.
- 5.8 Completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.
- 5.9 If you supplied us with your email address when entering your payment details we will notify you by email as soon as possible to confirm that we have received your order.
- 5.10 All products that you order through the Website will remain the property of Capture Marketing and Distribution Services Limited until we have received payment in full from you for those products.
- 5.12 All card payments are subject to authorisation by your card issuer and we take payment when we accept your order. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
- 5.13 If we cannot supply you with the product or service you ordered, we will not process your order and will inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
- 5.14 Blackbox shall not be liable for any billing errors unless you advise us in writing (includes email) of such billing error within sixty (60) days of its transaction date.
- 5.15 Please note that all purchases made on this website will appear on the cardholder’s statement as ‘Blackboxonline.’
6. Delivery and
- 6.1 All products purchased from BlackBox are all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available.
- 6.2 Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations. Capture Marketing and Distribution Services Limited reserves the right to define what can and cannot be delivered to which destination.
- 6.3 Delivery will be to the New Zealand or international address specified in your order.
- 6.4 All products purchased from BlackBox are made pursuant to any shipment, courier or delivery contract which will utilise exclusively, the delivery address or other such reasonable instructions provided by you at the time of sale. This means that the risk of loss and title for such products pass to you at the point when possession of the products are given to a carrier, courier or agent for purposes of delivery to you, when delivery will be deemed completed. You are therefore responsible for insurance of the products from the point of delivery stated above.
- 6.5 Where possible, product deliveries will be made from local supplies or the closest geographic supply source of the corresponding product that you purchase, inclusive of relevant taxes or other regulatory impositions where possible. However, where delivery to you or to your nominated recipient is deemed to be an International Delivery, where we cannot supply from within your or your nominee’s jurisdiction then products are sold to you on a ‘delivery duty unpaid’ basis (‘DDU’ – Incoterms 2010). Either you or the recipient may therefore be required to pay additional taxes, fees or levies which may apply according to local legislation prior to or upon delivery of the goods; you are required to check these details before placing an order for international delivery. We will not accept the return of goods, nor make a refund against your purchase of same, on the basis that such charges apply and either you or the recipient decline to pay such charges.
- 6.6 Point of Sale shall be deemed to take place in New Zealand.
- 6.7 Occasionally, the supply of product(s) ordered by you may be delayed or prevented for reasons beyond our control – which may include but are not limited to: supply of material, component, packaging or stock shortages; export or import delays; shipping delays (whether through mechanical fault, weather, industrial action or civil strife); or higher than anticipated demand for any particular product. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.
7. Damaged Goods, Returns and
- 7.1 Products manufactured and supplied to the specifications on the Website will not be returnable without BlackBox’s approval.
- 7.2 BlackBox will make every effort to ensure safe and timely delivery of the correct products as ordered, but will not be liable to you for any errors or omissions or for any loss or damage arising in any way from any delay or damage in delivery.
- 7.3 You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform both the carrier and us (only by mail, to our registered address, or by e-mail: firstname.lastname@example.org) within seven (7) days of the receipt of products by you. We will then advise how you must return the products to us as soon as possible, after informing us that the products are damaged or have been incorrectly supplied.
- 7.4 Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and for this reason, we strongly recommend that you use an insured, recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to you) such loss or damage.
- 7.5 Any faulty or defective products may be returned, refunded or replaced (at the sole discretion of BlackBox) provided that you notify Blackbox in writing (email@example.com) within twelve (12) calendar months from the date the product was purchased from the Website, describing as accurately as possible the nature of fault or defect and any contributory circumstances under which such fault or defect may have occurred. Such notification shall require the inclusion of proof of purchase.
7.6Upon receipt of the written notification BlackBox will then replace or refund your product once you have sent the relevant product back to BlackBox (at the address supplied to you by Blackbox) with:
- - a copy of proof of purchase;and
- - the product in its original condition, with all supplied accessories such as leads, connector plugs and battery and in the original packaging.
- 7.7 Any refund or replacement by BlackBox (and the validity of any warranties express or implied) is subject to BlackBox being satisfied (in its reasonable opinion) that the defect or fault was not caused by any misuse, unreasonable use, neglect, accidental/intentional damage, inadequate packaging, cleaning or maintenance, unauthorised repairs, addition or modification that occurred after the product was delivered into your possession. BlackBox is not responsible for any loss or damages sustained through the process of product being returned and will not accept collect or postage-due return shipments.
7.7Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us, as above.
UK/EU Residents only:
If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven (7) working days following your receipt of the goods. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights.
If you wish to cancel (or are considering cancelling) a product you have ordered from us, please be aware of the following terms that apply:
If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within seven (7) working days following the date of receipt in accordance with the Distance Selling Regulations;
You are required to take reasonable care of the products that you wish to cancel and not use them in any way;
Products should be returned in their original packaging (with all supplied accessories such as leads, connector plugs and battery and in the original packaging) promptly at your cost to a location which will be notified to you by us, at the time of your notification to us, of cancellation.
This is not intended to be a full statement of all your rights under the Distance Selling Regulations. (Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office; for other EU jurisdictions, please consult available legal services).
If you cancel your order in any of the circumstances set out above save for cancellation under the provisions of the Distance Selling Regulations, we will refund any money paid by you after any products, which have been delivered to you, are returned to us in satisfactory condition.
In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return.
8. Warranty and Limitation of
- 8.1 Except as provided in the New Zealand Consumer Guarantees Act 1993, any applicable international and local consumer laws, and by the manufacturer’s written warranty, BlackBox makes no representation, condition, warranty or promise, express or implied, in respect of goods supplied to you or any product which incorporate wholly or in part goods supplied by BlackBox.
- 8.2 To the maximum extent allowable by law, BlackBox will not be liable for loss of any kind whatsoever suffered by you as a result of a breach of any of Blackbox’s obligations regarding the supply of goods or any negligence on the part of Blackbox, its employees, agents or contractors, nor shall BlackBox be liable for any loss, damage or injury caused to your employees, agents, contractors, customers or other persons. You will indemnify BlackBox against any claim by such persons.
- 8.3 We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
- 8.4 In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
- 8.5 BlackBox’s maximum liability to you (if any) shall be limited to the value of any faulty or defective products or services supplied, and BlackBox and its employees, contractors, agents, suppliers or manufacturers will not be liable to you for loss or damage of any kind.
- 8.6 Where you purchase the products from the Website for a particular purpose, it is your sole responsibility to ensure that the products will be suitable for your purpose, and BlackBox shall have no liability whatsoever in the event that the products are not fit for your purpose. The products are neither sold nor authorised for use as critical components in situations where failure to perform can reasonably be expected to cause significant injury to users or others. No representation is made as to the suitability of Blackbox products in the performance of health and safety functions as required of equipment by related regulations.
- 8.7 You agree that where products are supplied to you for business purposes in terms of sections 2 and 43 of the New Zealand Consumer Guarantees Act 1993, the provisions of the New Zealand Consumer Guarantees Act 1993 do not apply to the supply or products to you.
9.1By using the Website, you authorise BlackBox to collect and use the following kinds of personal information from you:
- (a) information about your use of this Website;
- (b) information that you provide for the purpose of registering with the Website;
- (c) information about transactions carried out over this Website;
- (d) information that you provide for the purpose of subscribing to the Website’s services; and
- (e) any other information that you send to BlackBox, its distributors and/or agents.
9.2You acknowledge and accept that BlackBox may use your personal information solely for the purpose of:
- (a) Administration of the Website;
- (b) Personalising the Website for you;
- (c) Enabling your access and use of the Website;
- (d) Publication, marketing and advertising for BlackBox, the Website or its products and services;
- (e) Supplying the products to you or your designated recipient and obtaining payment; and
- (f) Assessment of credit-worthiness and enforcement of BlackBox’s rights.
- 9.3 Where BlackBox discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement and any applicable privacy legislation.
- 9.4 In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, BlackBox may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
- 9.5 Other than as stated above, BlackBox will not disclose any personal information relating to you to any third party without your consent.
9.6You acknowledge and accept that:
- (a) the information is held by BlackBox at the address specified in this document, notwithstanding that it may also be held elsewhere by BlackBox and other persons for the purposes described above; and
- (b) where information can be readily retrieved you shall have access to it, the right to request correction, deletion and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge.
- 9.7 BlackBox will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information, which shall include storing all the personal information you provide on its secure servers, and protecting Information relating to electronic transactions entered into via this Website by encryption technology.
- 9.8 Information that BlackBox collects may be stored and processed in and transferred between any of the countries in which BlackBox operates to enable the use of the information in accordance with this privacy statement. You agree to such cross-border transfers of personal information.
- 9.9 In the event that BlackBox or the Website is sold, acquired, merged, liquidated, restructured or otherwise transferred to another party, BlackBox reserves the right to transfer to the extent permissible by law its user databases, together with any personal or non-personal information contained therein to such party acquiring the assets.
- 10.1 All content included on the Website (including compilation of, and software used on, this Website), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BlackBox or its content and software suppliers, and protected by New Zealand and international copyright laws.
- 10.2 All intellectual property contained in the products and services provided pursuant to the Terms by BlackBox (including any improvements, addition, modification or revisions of the same) is owned by BlackBox and/or its content suppliers.
- 10.3 No part of this Website or the goods and services provided may be distributed or copied for any commercial purpose, nor incorporated in any other work or publication whether in hard copy, electronic or any other form. Intellectual Property shall include the design of, and all content appearing on this website, trade marks (including logos), domain names, copyright, registered designs, patents, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered and whether such rights are capable of registration.
11. Disputes, Governing Law and
- 11.1 Any disputes relating in any way to your visit to the Website or to products or services sold or distributed by BlackBox through the Website will be governed by the law of New Zealand, and you agree to submit to the exclusive jurisdiction and venue of the Courts of New Zealand.
12. Compliance with Local
- 12.1 You agree to, at all times, comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in the country in which you reside in relation to all transactions made by you on the Website and in relation to any of the information, products or services made available to you by BlackBox.
- 13.1 BlackBox reserves the right to amend the Terms from time to time without notice to you. By continuing your access to or your use of the Website or products acquired from BlackBox after such amendment, you are deemed to have agreed to the amended terms.
- 14.1 Failure by BlackBox to enforce any of the terms and conditions contained in the Terms shall not be deemed to be a waiver of any of the rights or obligations it has under the Terms.
- 15.1 If any provision of the Terms is declared or adjudged to be invalid, void or unenforceable, such provision shall be severable and deemed deleted from this agreement and shall not affect the validity, existence, legality or enforceability of the remaining provisions.
- 16.1 When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. General Terms and Conditions
- 17.1 You certify and agree that you are purchasing the product(s) (“Product”) for your own personal use only, or the personal use only of the designated recipient, and not for re-sale. You shall not re-sell Product(s) nor remove components from Product(s) for re-sale.
- 17.2 Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon/promotional code programmes may be terminated or modified by Blackbox at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.
- 17.3 You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
- 17.4 We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
- 17.5 No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
- 17.6 If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.