Last updated: 1 August 2018
1. Company information
These general terms and conditions of sale (the “General Terms and Conditions of Sale”) are those of Bose Pty Limited (Company Number: 1642421), with registered office at 3/2 Holker Street, Newington, NSW 2127, Australia , telephone number: (02) 8738 9999 (local phone charges will be applicable), email: email@example.com
The General Terms and Conditions of Sale shall apply to any online sales by Bose of any products offered for sale on its website www.bose.co.nz (the “Website”) to final consumers, excluding the application of any other conditions, in particular those in force in retail stores.
The General Terms and Conditions of Sale applicable to a sale are those in force at the time of ordering.
The customer should read these General Terms and Conditions of Sale carefully before submitting their order to us. They tell the customer who Bose is, how Bose will provide products to the customer, how the customer and Bose may change or end the contract, what to do if there is a problem and other important information. If the customer thinks that there is a mistake in these General Terms and Conditions of Sale, please contact Bose to discuss.
Deviating terms and conditions shall only be valid if the parties agreed on them in writing.
Bose reserves the right to change the General Terms and Conditions of Sale at any time, the new General Terms and Conditions of Sale being applicable to any offer or order made after effectiveness of such change.
The General Terms and Conditions of Sale in force are accessible at any time on the Website.
Unless otherwise evidenced, the data registered on the Website constitute the evidence of all transactions between Bose and its customers with regard to sales made via the Website.
The Website is displayed in English.
3. Ordering process
3.1 Product selection
Any orders via Bose’s online shop shall exclusively be made on the Website.
The customer selects the products by clicking on the “Order online/Add to Cart” button and navigates by clicking on “Continue shopping.”
The customer may, at any time, see the selected products in their shopping cart by clicking on “See details/My cart” and consult the payment options offered by Bose as well as the delivery costs and times.
3.2 Registration of the order
After having selected the product(s), the customer checks the details of their order and the price to be paid and corrects any errors before confirming the order.
The customer enters the information that is necessary for the correct delivery of their order and, then, should read these General Terms and Conditions of Sale as well as Bose’s privacy statement carefully before submitting the order to us.
The customer is then invited to select the chosen payment option and to enter the corresponding information.
3.3 Final validation of the order
At the end of the ordering process, the customer accepts the “General Terms and Conditions of Sale” by clicking on the appropriate box and definitively confirms the order by clicking on the “Proceed to payment” button. After confirmation of the customer’s order and willingness to pay, Bose sends the customer an electronic acceptance of the order. The contract of sale is then definitively concluded.
The terms and conditions relating to an order may be changed by Bose as long as Bose has not confirmed the order. Bose will inform the customer of any changes to the terms and conditions and, if the customer does not agree with the changes, they may decide not to proceed with the order.
Any change to the order by the customer after a change by Bose to the prices of the product(s) will automatically result in the application of the new prices to the order. If Bose changes the price of any product(s), the customer may decide not to proceed with the order.
Bose reserves the right to refuse any order. In such cases, an e-mail will be sent to the customer using the e-mail address communicated by this customer instead of sending an acceptance of the offer.
4. Right of withdrawal
4.1 Right and time of withdrawal
The customer is entitled under the Bose “Excitement Guarantee” to withdraw within thirty (30) days from the receipt of the product, without having to give any reasons or pay any fee or expense other than set out in these General Terms and Conditions of Sale. Bose’s right to claim damages shall not be limited by this clause.
If the order includes several products to be delivered separately, the withdrawal period for all products of this order starts with the date of receipt of the last product.
Lifestyle® systems are not included under the BOSE 30-day Excitement Guarantee.
4.2 Conditions governing the exercise of the right of withdrawal
To exercise their right to withdraw, the customer must notify their intention to withdraw to Bose before the expiry of the applicable withdrawal period by any of the following methods:
- By sending an unambiguous declaration expressing clearly their intention to withdraw, by mail, fax, or email to the following address: Bose Pty Limited Returns and Exchanges, 3/2 Holker Street, Newington, NSW 2127, Australia, - - firstname.lastname@example.org
- Or by sending back the withdrawal form to be downloaded by clicking on the following link, duly completed and signed, to the following address: Bose Pty Limited Returns and Exchanges, 3/2 Holker Street, Newington NSW 2127, Australia.
For any information on the conditions of withdrawal, the customer can contact Bose’s Customer service at the following telephone number 1800-061-046 (Local phone charges will be applicable) or by e-mail at the following email address email@example.com.
5. Return and Reimbursement
Bose offers the customer the possibility to opt for free take-back of the products at an address determined by the customer. In such case, the carrier appointed by Bose will contact the customer to fix a date at which the products will be taken back at the determined address within three (3) business days starting from the first contact of the customer with the carrier.
A customer opting for free take-back of the products at their home must be available at the dates suggested by the carrier, in order not to unreasonably delay the return of the products to Bose.
In order for the customer to be reimbursed, the products must be returned properly packaged and in such condition as can be reasonably expected taking into account that the customer only has the right to check the product to the extent they could have done when buying the products in a physical store, together with the purchase invoice or a copy of the invoice in the case of partial return. Bose reserves the right to reduce the amount reimbursed if the serial number has been removed from the product(s).
Unless Bose is entitled to raise any objections, Bose will reimburse the customer the total amount paid for the returned products, including the return shipping costs (on the basis of the standard delivery mode offered by Bose) using the same payment method used by the customer for payment, within fourteen (14) days of receipt of the returned products by Bose.
Bose will not reimburse the additional costs incurred if the customer has chosen a more expensive delivery mode than the standard delivery mode offered by Bose.
The product return rights given to you under these General Terms and Conditions of Sale are additional to your rights to return products to the manufacturer or supplier under the Consumer Guarantees Act 1993.
The customer will be invoiced at the prices and the currency indicated on the Website and applicable at the time the order is confirmed by Bose.
Unless otherwise expressly indicated in writing by Bose at the time of confirmation of the order, the prices include all applicable taxes (including GST) and packaging costs but exclude delivery costs (if applicable).
If the customer wants the products to be delivered by a specific means of transportation, other than the standard delivery mode(s) offered by Bose, the transport costs will be subject to a separate agreement and invoice, without any reduction in the prices of the products.
7. Product availability
Product and price offerings are in force as long as they appear on the Website, and subject to available stock.
Mistakes or changes may exceptionally occur. In the event of unavailability of any product after ordering, Bose will inform the customer by e-mail (or mail if he/she has not provided any e-mail address) of the unavailability of the product(s) and of the delivery of a partial order or the cancellation of the order.
In case of complete or partial cancellation of an order due to unavailability of products, the amounts corresponding to the unavailable products will not be debited from the customer’s bank account. If the amounts have already been debited, the customer will be reimbursed the amounts paid for the unavailable products within thirty (30) days.
Products purchased on the Website are only available for delivery within New Zealand and will be delivered to the address communicated at the time of ordering. The customer is responsible for the accuracy of the information provided when ordering. In the case of any mistake in the delivery address details caused by the customer (in particular surname, first name, street name and number, postal code, city name, telephone number or e-mail address), Bose shall in no event be held liable for any delays or failure to deliver the order.
Delivery will be made by DHL.
9. Transport – Receipt – Reservations
Customer is responsible for checking conformity of the products with the order and the state of their packaging at the time of delivery.
In case of any deterioration of the product, customer must without fail:
- Report the damage on the delivery note submitted by the carrier;
- Send Bose, at the same time, a copy of the delivery note, to the following address: Bose Pty Limited Returns and Exchanges, 3/2 Holker Street, Newington NSW 2127, Australia
10. Product compliance
Bose will reimburse or exchange any products that are not compliant with the order.
The customer will report any detectable deviation and return the product(s) to Bose, who will exchange the product(s) or reimburse the customer as agreed with the customer in the case at hand. If the returned products are incomplete, soiled or damaged to a wider extent, they will not be taken back by Bose.
Under no circumstances may products purchased on the Website be exchanged or returned for reimbursement at Bose stores or Bose authorised resellers.
Nothing in this clause detracts from any rights or remedies that the customer may have under New Zealand consumer protection laws.
11. Payment options
The products may be paid for by credit card (Visa, Mastercard, American Express), PayPal or Visa Debit. The customer will first select the chosen method of payment.
For a payment by credit card, after having selected the chosen type of card, the customer must enter the number of their credit card, its expiration date and the last three numbers on the back of the card.
The order will be shipped once the customer’s payment is received by Bose’s accounting department.
12. Disclosure of Personal Information
Payments made by credit card on the Website are operated by the secure payment company PayPal. In order to confirm the transaction, the customer must accept the transfer and the storage of its financial data, name, address and any other information necessary to Ingenico.
Furthermore, we hereby inform you, in connection with your order, of the use of the “Fraud Expert” solution in addition to the processing of card not present payments. Your personal data is processed by Ingenico e-Commerce Solutions SPRL being the controller, for the purpose of preventing and combating fraud (determining risk levels associated with transactions, detecting and managing any resulting alerts, informing merchants to allow them to take decisions, “human” reviews of transactions with a specified level of risk, modelling of the score).
The collection of certain of your personal data is a mandatory requirement for this purpose. Without this data, your transaction could be delayed or rendered impossible and your order cancelled.
This data is intended for the authorised departments of the Ingenico entities involved in such processing, and for the merchant, as well as for any third party whose involvement is required to ensure the smooth operation of the payment process and the functioning of the services offered.
13. Customer rights
13.1 Consumer protection
Where goods are acquired for domestic or personal use, nothing in these General Terms and Conditions of Sale will affect the customer’s legal rights, including the customer’s consumer rights under the Consumer Guarantees Act 1993.
By way of example, if the customer’s product is goods, for example speakers or headphones, as a consumer the customer will have certain rights under consumer protection legislation, including the Consumer Guarantees Act 1993. These consumer rights include statutory guarantees that any products supplied will be of acceptable quality, match their description and be fit for any purpose made known to Bose. Or if the customer’s product is services, for example installation, the service must be carried out with due care and skill. For detailed information on your consumer rights please visit the New Zealand Consumer Affairs website at www.consumeraffairs.govt.nz.
If the customer is unhappy with their Bose product(s), they should follow the procedure set out in Bose’s Returns and exchanges policy at https://www.bose.co.nz/en_nz/support/returns_and_exchanges.html
13.2 Bose Products Warranty
Without limiting the above mentioned consumer rights, the customer also benefits from Bose’s Products Warranty.
Please, see the Bose Products Warranty for full information regarding the rights granted to customers.
14. Liability of Bose
14.1. Product compliance with applicable law
The products offered are compliant with the applicable legislation and regulations in force in New Zealand.
14.2. Scope of Bose’s liability
If Bose fails to comply with these General Terms and Conditions of Sale, Bose is responsible for loss or damage the customer suffers that is a foreseeable result of Bose breaking this contract or Bose failing to use reasonable care and skill, but Bose is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Bose and the customer knew it might happen, for example, if the customer discussed it with Bose during the sales process.
Bose does not exclude or limit in any way its liability to the customer where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation and for breach of the customer’s legal rights in relation to the products and services, including the customer’s consumer rights under New Zealand Consumer Law.
If any products or services supplied by Bose are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent that it is otherwise allowed by law to do so, Bose limits its liability to the customer for breach of any non-excludable statutory or implied condition, representation, warranty or guarantee to:
(a) if the breach relates to products:
(i) the replacement or repair of the products, or the supply of equivalent products; or
(ii) the payment of the costs of replacing or repairing the products, or acquiring equivalent products; and
(b) if the breach relates to services, the supply of the services again, or the payment of the cost of having the services supplied again.
If Bose is providing services in the customer’s property, Bose will make good any damage to the customer’s property caused by Bose while doing so. However, Bose is not responsible for the cost of repairing any pre-existing faults or damage to the customer’s property that Bose discovers while providing the services.
The images of the products on the Website are for illustrative purposes only. Although Bose has made every effort to display the colours accurately, Bose cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The customer’s product may vary slightly from those images. The packaging of the product may vary from that shown in images on the Website. The customer is invited to refer to the description of each product to be informed of its precise features and, in case of any doubt or need of additional information, to contact the Customer service at the following number: 1800-061-046 (local call costs).
Bose is only liable for the content of the internet pages edited by Bose.
Bose is not liable for business losses. Bose only supplies the products for domestic and private use. If the customer uses the products for any commercial, business or re-sale purpose Bose will have no liability to the customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you have purchased any product in trade, you agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 and the provisions of the Consumer Guarantees Act 1993 do not apply in relation to the purchase or as between the parties, and it is fair and reasonable to exclude their application.
The full or partial inability of the customer to use the products for any reason beyond Bose’s reasonable control, in particular due to an equipment incompatibility, shall not give rise to any liability for Bose to provide compensation or reimbursement to the customer.
14.3. Force Majeure
Bose shall not be held liable in case of non-performance of the contract due to an unforeseeable event beyond its control, disturbance or full or partial strike, in particular of the transport and/or communication services, fire, flood.
15. Intellectual Property
All copyright and other intellectual property rights in any texts, comments, work, illustrations or pictures on the Website are owned by Bose or its related companies, for the entire world.
The customer must not modify the paper or digital copies of any materials the customer has printed off or downloaded from the Website in any way, and the customer must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Bose’s status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
The customer must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from Bose or Bose’s licensors. If the customer prints off, copies or downloads any part of the Website in breach of these General Terms and Conditions of Sale, the customer’s right to use the Website will cease immediately and the customer must, at Bose’s option, return or destroy any copies of the materials.
16. Personal data
The Bose Website is designed to take special care of the customers’ needs. It is, in particular, for that reason that cookies are used, please see the Bose Cookies Notice for additional information.
17. External links
The Bose Website may contain external hyperlinks redirecting the customer to other websites. Bose makes no undertaking in relation to any website to which the customers may have access through the Bose Website and shall in no case be held liable for the content, operation, services offered, or the access to such websites.
Bose may authorise other companies to diffuse advertising on its websites. Those companies may install cookies or actions tags (also called “simple pixel gif”) on the users’ computers in order to assess the advertisings’ effectiveness. Any information collected in this manner is anonymous. The customer may refuse the cookies or actions tags by changing its browser settings. This may alter the interactive functions of the consulted websites.
18. Secured Website
The Website is a secured website using SSL encryption.
19. Customer Service
For any information or question, please contact the Customer service at the following telephone number: 1800-061-046 (local call costs).
20. Applicable law – Competent jurisdiction
These General Terms and Conditions of Sale, as well as any transaction herein described and/or in relation with any sale of its products by Bose to the customer are governed, construed and enforced in accordance with the law of New Zealand. In the case of any dispute, the Courts of New Zealand will have exclusive jurisdiction.
21. Customer product reviews
Bose reserves the right to check and delete any customer product reviews on the Website. Bose reserves the right to delete customer product reviews that contain the following:
- Advertising, of any nature, inclusive of any competing company, sale of products, solicitation, self-promotion and spams
- False, inaccurate or misleading information
- Offenses against people or companies, including Bose, its employees, suppliers, distributors or affiliates
- Inappropriate or misleading content or any content giving an inaccurate image of Bose
- Contents that threaten, harass or infringe the rights of any other person, including content revealing private information relating to other users
- Contents including malware programs, software or files that could infringe intellectual property rights of any party, offensive comments or that could damage the display system of the other users.
If Bose fails to enforce a right under these General Terms and Conditions of Sale, that failure will not prevent Bose from enforcing other rights, or the same type of right on a later occasion.
If any provision of these General Terms and Conditions of Sale is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these General Terms and Conditions of Sale shall not be affected.
The contract formed under these General Terms and Conditions of Sale is between the customer and Bose. No other person shall have any rights to enforce any of its terms.