Application of Terms
This website and associated business is operated by Wipers2U Limited. These Terms apply to your use of the Website. By accessing and using the Website, visiting our business premises, and/or purchasing products from us:
- you agree to these Terms; and
- where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
Changes
Prices for our products are in New Zealand dollars (NZD) and prices are subject to change without notice.
We may also change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, or purchase products from us, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
These Terms were last updated on July 2021.
Definitions
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Terms means these terms and conditions titled Terms of Use
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Wipers2U Limited
Website means www.wipers2u.co.nz
You means you or, if where your access and use of our Website is on behalf of another person, both you and the other person on whose behalf you are acting.
Your Obligations
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@wipers2u.co.nz.
You must:
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
You may not use our Website or our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws (including but not limited to copyright laws).
You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to info@wipers2u.co.nz.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
Products
Products are available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Returns Policy below.
We have made every effort to display as accurately as possible the colours and images of our products that appear online. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Accuracy of Information
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email and delivery addresses and contact number, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Warranty
All our wipers come with a 12 month manufacturer warranty.
Under the Consumer Guarantees Act 1993 (CGA), you have guaranteed legal rights for goods and services you buy. If the wipers we supply do not meet a guarantee provided under the CGA, we will meet our obligations under the CGA to provide a remedy. These guarantees are in addition to any warranty offered by a manufacturer, for which you may have rights against directly. If your purchase is for business purposes, as defined in the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those parts.
The warranty will be voided and/or claim denied if the product is not installed correctly or installed on an incorrect vehicle.
We are not liable for any damage to a vehicle, such as damage to the windscreen, or injury to a person related to the installation or use of the products purchased from us.
The warranty is non-transferable and can only be claimed by the customer identified on the invoice.
Returns Policy
Fitment Issues
If for any reason the wiper blades do not fit your vehicle, we will arrange to quickly replace them or provide a full refund.
Defects
In the unlikely event that there is any physical imperfection when your wiper blades arrive or a defect is detected within 12 months of purchase, simply contact us with proof of purchase and a photo showing the issue and we will either replace the wipers at no extra cost or give you a full refund.
Should we need the wipers sent back to us, to return to the manufacturer for example, we will arrange and pay for courier costs.
Privacy Policy
When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020. Please click here to view our Privacy Policy.
Intellectual Property
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
Disclaimers
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
Liability
To the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
To the maximum extent permitted by law, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed the transaction value in respect of any product purchased from our Website or business. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the transaction value in respect of any product purchased from our Website or business.
Suspension and Termination
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
General
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
These Terms and any separate agreements whereby we provide you with products shall be governed by and construed in accordance with the laws of New Zealand.
