ENHANCED ENERGY
SOLAR POWER DIVERTER

Terms & Conditions

1. Definitions
2. Your Legal Rights
3. Pricing and Taxes
4. Your Account
5. Orders
6. After You Have Submitted an Order / Payment
7. Cancellation of Orders
8. Availability of Goods / Refurbished Stock
9. Delivery
10. Delay in Availability or Delivery of Goods
11. Refunds of your Money
12. Returns / Faulty or Damaged Goods
13. More information about Enhanced Energy liability and you
14. Privacy
15. Website Terms
16. General

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Enhanced Energy Limited (NZBN 9429041889671) (“Enhanced Energy”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from SolarPowerDiverter.co.nz. By placing an order for Goods from Enhanced Energy you agree to these Terms and Conditions.
For the purposes of s.28B of the Fair Trading Act 1986, Enhanced Energy is a “person in trade”.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

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 1.  DEFINITIONS

In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Website” means SolarPowerDiverter.co.nz. or SolarPowerDiverter.com.au

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Your purchase of Goods will be subject to certain laws including, without limitation, the Consumer Guarantees Act 1993 and the Fair-Trading Act 1986. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Consumer Guarantees Act) which cannot by law be excluded, restricted or modified.

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 3. PRICING & TAXES

3.1 Prices for Goods are as shown on the Website.
3.2 Enhanced Energy reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Enhanced Energy.
3.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where our courier company does not provide a door-to-door service (“Additional Delivery Charge”). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you believe that you might live in such an area, you can email Customer Service via http://www.SolarPowerDiverter.co.nz/contact-us more information.
3.5 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, and any Additional Delivery Charge.
3.6 All prices and Delivery Charges and Additional Delivery Charges quoted are in New Zealand dollars. New Zealand Sales will incur GST. Currently Australian online shoppers buying goods under $1000 avoid paying GST but the federal government has been talking about changes to ensure local sites are not disadvantaged against overseas competitors. Australian shoppers may be charged GST by Australian Customs.

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 4. YOUR ACCOUNT

4.1 If you do not already have an Account you will need to create one before placing an Order. Alternatively, you can purchase as a Guest without setting up an account.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Enhanced Energy that all information provided by you in relation to your Account is complete, true and accurate
4.4 You must notify Enhanced Energy immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act),Enhanced Energy will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Enhanced Energy, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If Enhanced Energy suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Enhanced Energy then you must pay Enhanced Energy the amount of that loss, damage, cost or expense if Enhanced Energy asks you to.

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 5. ORDERS

5.1 You can place an Order by following the instructions on the relevant Enhanced Energywebsite.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. Enhanced Energymay accept or reject your offer in its absolute discretion. In particular, but without limitation, Enhanced Energy may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods, please contact http://solarpowerdiverter.co.nz/application-for-trade-pricing/ for trade pricing.
5.3 Each Order that you place will, if accepted by Enhanced Energy, be a separate and binding agreement between you and Enhanced Energy with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Enhanced Energy with their personal information and, by placing an Order, you confirm to Enhanced Energy that you have done this.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to Enhanced Energy that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Enhanced Energy. Enhanced Energy will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.7 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Enhanced Energy will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Enhanced Energy, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. Enhanced Energy cannot consolidate separate Orders into one delivery.
5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable.
5.10 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.11 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.12 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Enhanced Energy will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.11 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

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6.  AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT 

6.1 When you submit an Order you will receive an email which includes an Order reference number. Please note that this is not a confirmation that your Order has been accepted.
6.2 If Enhanced Energy is unable to fulfil your Order it will send you an email cancelling your Order as soon as practicable.
6.3 Enhanced Energy will process payment for your Order immediately before dispatch of the Goods to you. At this time Enhanced Energy will send you an email confirming that payment has been made and that the Goods have been dispatched. This email represents confirmation that your Order has been accepted.
6.4 When Enhanced Energy accepts an Order it represents an agreement by Enhanced Energy to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.5 You must pay for Goods by Direct Bank Transfer or Pay Pal account.
6.6 Enhanced Energy reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.7 Enhanced Energy may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order will be placed on hold and Enhanced Energy will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with Malabou’s requests within the timescale specified, Enhanced Energy may cancel your Order.
6.8 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

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 7. CANCELLATION OF ORDERS

7.1 Enhanced Energy reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Enhanced Energy may do this for example, but without limitation, where:
(a) Malabou’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Malabou’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Enhanced Energy is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask Enhanced Energy to cancel your Order in accordance with section 5.6; or
(e) in the circumstances set out in Section 6.7.
7.2 You may cancel your Order where Enhanced Energy:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside Malabou’s control including the situations set out in Sections 7.1(a) and (b) above;
7.3 In the unlikely event of Enhanced Energy or you cancelling your Order after payment has been processed, Enhanced Energy will refund any money paid in respect of that Order. Section 11 of these Terms and Conditions sets out further information about refunds.
7.4 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act) or as expressly set out in these terms and conditions, Enhanced Energy will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

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 8. AVAILABILITY OF GOODS

8.1 As Enhanced Energy is dependent upon its Suppliers to provide stock, Enhanced Energy cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Enhanced Energy reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Enhanced Energy will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

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 9. DELIVERY

9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within New Zealand and Australia. Enhanced Energy will deliver to PO Boxes where possible based on the size of the Goods.
9.3 Enhanced Energy may, in its absolute discretion, agree to accept Orders for delivery outside New Zealand and Australia but is under no obligation to do so.
9.4 Following dispatch of your Goods, Enhanced Energy will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Enhanced Energy may charge you a reasonable fee for doing this.
9.7 Where an Order is to be delivered outside New Zealand, delivery is likely to take between 1-2 by air mail.

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 10. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

10.1 You agree and acknowledge that:
(a) Enhanced Energy does not guarantee the delivery or availability of Goods within the timeframes set out in Section 9.7 above or otherwise specified by Enhanced Energy or any of its staff;
(b) events outside Malabou’s control may cause delays, or in some circumstances, prevent your Goods from being delivered;
(c) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), neither Enhanced Energy nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all

 

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 11. REFUNDS OF YOUR MONEY

11.1 Where Enhanced Energy is obliged to refund your payment pursuant to these Terms and Conditions, Enhanced Energy aims to initiate your refund within 3-5 business days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
11.2 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act),Enhanced Energy will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

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 12. RETURNS / FAULTY OR DAMAGED GOODS

12.1 You should check your Goods as soon as they are delivered to you to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case, you should contact Enhanced Energy on http://www.SolarPowerDiverter.co.nz/contact-us as soon as possible.
12.2 If you have a problem with any Goods or otherwise wish to return them please contact any Enhanced Energy store, you can also contact us on http://www.SolarPowerDiverter.co.nz/contact-us
12.3 When returning Goods:
(a) please provide Enhanced Energy with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that customers use their best endeavours to return all out-of-the-box accessories supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible to avoid damage in transit.
12.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

 

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 13. MORE INFORMATION ABOUT Enhanced Energy LIABILITY TO YOU

13.1 To the full extent permitted at law, Enhanced Energy is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.

 

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 14. PRIVACY

14.1 Enhanced Energy policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions

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 15. WEBSITE TERMS

15.1 Your use of the Website is governed by the Website Terms of Use

 

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 16. GENERAL

16.1 Enhanced Energy reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
16.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
16.3 These Terms and Conditions are governed by the laws of New Zealand.

 

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