The customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal purchase agreement with Elive Limited, in which case the separate agreement shall govern).

Formation of Contract

The contract is formed only when the goods are dispatched by the seller.

Consumer Guarantees Act 1993

Where the buyer is acquiring the product for the purpose of business then the Consumer Guarantees Act 1993 shall not apply.

In the event the buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Consumer Guarantees Act 1993, to the intent that no provisions shall any way limit the buyer's rights under the Act.

Errors or Omissions

The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, pricing, invoice or acknowledgement. 

While our best efforts are made to keep our stock levels and pricing accurate we cannot be responsible for any errors in stock levels and pricing.  The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer a full refund.

Description of Products

The seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action. Elive can offer a full refund at anytime if the correct product is more or cannot be sourced at the price of the un-matching item. Elive is not required to send an item of higher value a full refund of original order is sufficient.

Delivery

The seller reserves the right to dispatch the buyer's order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments.

Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.

Out of Stock Products & Backorders

If a product is ordered but later found to be out of stock the seller reserves the right to put the order on back order and confirm a suggested ETA. with the customer. The customer may ask Elive to either find and offer an alternative (similar) product (if an alternative option is available) price differences will need to be paid by the customer if the cost is higher or if cheaper the difference refunded by Elive to the customer or if the E.T.A. is to far offer a full refund to the customer.

Smile City Terms

Smile City points can be redeemed on specially marked Elive products.

To earn Smile City points, customers have to have a Smile City membership and purchase by clicking on the Elive link on the Smile City website.

Smile City points will only be issued when full payment for the product is made and the order has been shipped. Elive will issue the Smile City points within 30 days of the order being completed.

Elive has the right to not issue Smile City points for product returns, credits and specially quoted items or discounted sales. In general Smile City points will only be issued on completed orders.

Return of Goods for Credit or Refund

Credit/Refund returns:

• Are accepted based on the reason for return, returns are the decision of Elive Limited. Simple reasons like “I did not want this anymore” are not acceptable for return. Full credit is accepted for goods that have not been opened and the packaging is undamaged, full credits are only accepted for items within 7 days after delivery to customer. Any un-opened and un-damaged goods outside of the 7 day return policy cannot be returned for credit unless Elive Limited allows the return with a restocking fee based on a special circumstance (this decision is made by Elive Limited). If accepted back there is a 15% restocking fee, maximum return period that may be accepted with a 15% restocking fee is 20 days (no longer) from your delivery.
• The Restocking fee could be more totally dependant on product and situation. (Final Decision is made by Elive Limited)
• Elive has the right to refuse a refund on opened packages and packages outside of the 7 day return policy. Opened packages within the 7 day return policy may be accepted back if Elive wishes to stock the item as a second (this decision is totally up to Elive limited). Opened and used returns incur a restocking fee of 25% to 50%.
• Software cannot be returned for Credit – This is due to copyright regulations.
• Incompatibility issues are the responsibility of you the customer. If you are unsure of the compatibility of a device we recommend you contact us first before purchasing or investigate it with the manufacture of your device.
• Why we charge a restocking fee on returns is because we do not want customers purchasing from us on a try before buy basis.
• The restocking fee only is applicable when the item is outside of the returns period or is damaged or used. As we then need to re-sell this as a clearance item at a loss in price.
• All products must be retuned with all accessories and packaging we cannot accept back any product that is missing packaging or accessories.

Faulty Returns:

• All Elive products specify the warranty associated with them, if no warranty is specified please check with Elive for warranty details.
• All hardware usually has a 1 year warranty or more.
• Software, toners, cartridges, paper etc do not have warranties.
• Software will usually have a tech support phone line with the manufacture.
• Faulty returns are covered by either Elive direct or the manufacture direct depending on the product. For example if it is an HP item with an Onsite warranty or a RTB warranty then the support will be direct with the HP N.Z. support line.
• Elive will advise you of your warranty procedures when you fill in our return form or feel free to contact us and ask.
• If Elive handles the faulty return/replacement (80% of our products we handle all the replacements). All you need to do is fill in the return form and Elive will get back to you with return instructions and a return number.
• Do not send items direct to Elive Limited. All returns have to go back direct to the service agent’s address that Elive supplies with a valid returns number.

Faulty Repair and Replacement

• All faulty repairs and replacements go direct to the service provider and are repaired or replaced under warranty. Only items within their warranty period can be covered under warranty.
• Warranty period starts from the date of invoice (not time of delivery).
• Products outside of warranty period cannot be returned for repair or replace.
• Software cannot be faulty – No faulty returns for software. Any faults with software will be to do with user’s computer we suggest contacting the software provider to assist.
• Forward replacements, Elive does not do forward replacements unless you are a special commercial customer with trading history with Elive Limited #Special- faulty refunds. Are possible depending on the product and the warranty offered and also depending on how long you have had the item, in general faulty refunds on products will be accepted upto 20 days from invoice, however not all items can come back for faulty refund (faulty refunds are the decision of Elive Limited)

Shipping of faulty products or credits.

• The shipping or delivery of items for return for credit or fault to the returns team is the responsibility of the customer. Elive or the returns team will organise the return freight for the replacement product back to you. This is standard RTB (return to base procedure).
• If the wrong product has been supplied at Elive’s error e.g. you ordered a 4gb flash drive and received a 1gb flash drive. Then Elive will pay the return freight for you, this will be done by either courier pickup at your premises or posting a courier ticket to you or reimbursement of the freight cost at the same cost that was charged you to send the original item (depending on product and service team depends on what method above is used).

How to Process a Return or Credit

This is nice and simple just go to our returns and repairs page here: http://www.elive.co.nz/support_returns.php. Fill in the details on the returns for, then click submit. Our returns team will then organise a return number and details for returning the product for repair/replace or credit. Or advise if more detail is required or if the item cannot be returned.

You will get a reply within 24 hours of sending (weekdays only) usual time to get a authorised RA number is 1-2 days. However some RA’s may take longer depending on the warranty provider and the reason for return.

N.Z. Warranties
All our products are supplied by N.Z. Distributors so all warranties are supported within N.Z. On very rare occasions when the distributor is out of stock or a product has become obsolete and no more are available in N.Z. to replace your unit there may be a shipping wait for a replacement to come to the distributor from overseas. If no replacement can be sourced then either an alternative product or credit will be offered.

Seller's Liability and Maintenance Guarantee

The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required before purchasing and the seller is under no liability if they are not.

The buyer is entitled to only such benefits as the seller may receive under any guarantee given to the seller by the manufacturer of the goods.

The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification, adjustment or overclocking .

The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.

Force Majeure

The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.

Disputes and Proper Law

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.

The contract including these terms and conditions of sale shall be governed by New Zealand Law.