Terms and Conditions of Purchase
This IXL website (Site) is operated by IXL Home Pty Ltd (IXL Home). Throughout the Site the terms “we”, “us” and “our” refer to IXL. Your access to and use of the Site, including your order of products through the Site, is governed by these terms and conditions of purchase (Terms).
You are required to read these Terms before accessing or using the Site.
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or if you are under the age of consent then you must obtain your parent or guardian’s consent before accessing and using the Site.
We reserve the right to refuse the supply of products to anyone for any reason at any time.
All orders placed through this Site for a product is done so in accordance with these Terms and constitutes an offer by you to purchase the particular product for the price shown on the Site at the time you place the order. All orders are subject to availability and acceptance of the offer contemplated herein.
You agree to provide current, complete and accurate information for all orders placed on this Site. You agree to promptly update your information, including your email, so that we can complete your order and contact you as needed.
Your offer to purchase any product at the displayed price includes being responsible for delivery charges which will be calculated and shown at checkout. Prices are inclusive of any relevant GST.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email only constitutes an acknowledgment and does not constitute acceptance of your offer.
Each accepted offer to purchase products through this Site constitutes a separate legally binding agreement between you and us for the supply of those products. For each accepted offer we will supply you with the ordered products in accordance with these Terms.
The Site may contain errors or inaccuracies and may not be complete or current and we reserve the right to correct any such errors and/or refuse to fill any orders that you may have placed based on incorrect information on the Site. Should we discover an error in the price or payment of any products which you have ordered, we will inform you of this as soon as possible.
Any rejected offers to purchase products will be notified to you in a timely manner and any moneys paid by you will be refunded.
We will only deliver products ordered through this Site to any location in New Zealand. We reserve the right to refuse to deliver to any other location. The delivery fee to deliver your order to your nominated delivery address will be displayed to you when you place your order.
We recommend that you be present to accept the delivery of your order. If there is no one or no appropriate person at the nominated delivery address then we may not deliver the products you have ordered. You will receive collection instructions at any failed delivery attempts. You agree that any person who receives the products at the nominated delivery address is authorised by you to receive your order.
Risk and title to the products passes to you on the date and time of delivery.
We may cancel any part of an order at any time including where the products in that order are not available, or where there is an error in the processing of your order, or where there is an error in the price or any other relevant information displayed on the Site at the time of the order. You will receive notice of any such cancelled order in a timely manner. We will refund the amount paid by you for any order cancelled by us where applicable.
You are entitled to cancel an order by contacting Customer Service during ordinary business hours at any time prior to the dispatch of that order. You will be entitled to a full refund of moneys paid.
We do not accept a request to return and refund purchased goods where you have simply changed your mind, made a wrong selection or have simply found the goods cheaper elsewhere.
You may pay the price, fees and charges associated with any order using Mastercard, VISA, PayPal, or any other payment methods notified by us on this Site from time to time.
If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account. If we are unable to successfully process your credit card or PayPal payment for your order, then we may notify you of dishonour and cancel your order.
You must check any products delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us through our Customer Service. If you notice damage to a product after delivery, you should notify us within 7 days of delivery. For further information, please see our Warranty Policy below.
If you wish to return a product that is not damaged then you may return the product in all original packaging but you acknowledge that we will not refund any delivery charges in the absence of damage. We will only refund the delivery charges if the products are determined to be faulty and the fault did not arise through any misuse, abnormal use or negligent use of the products. For further information, please see our Warranty Policy below.
Where you are entitled to a refund of your payment we will use our best endeavours to process your refund within a timely manner. Your funds will be refunded back to the same method of payment you used to make your online purchase.
Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act (1993). You are entitled to a replacement or refund for a serious fault and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a serious fault. For further information, please see our Returns Policy below.
Where any law implies any term in this agreement and such term is prohibited from exclusion or modification by us, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option): (a) In the case of information, the resupply of the information; (b) in the case of services: the resupply of the services; or the payment of the cost of resupply; and (c) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Subject to any prohibitions under any applicable law, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. Subject to anything mentioned hereinbefore, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the use or inability to use the Site, the information contained on the Site and this agreement. OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation of any kind, express or implied as to the suitability of the Site, in respect to any information, content and materials contained in the Site or a products for any purpose.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
We may, in our absolute discretion, change these Terms from time to time. We recommend that you read these terms carefully each time you use this Site or purchase a product through this Site.
We will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
Should you consider your product to be faulty, we ask that you contact the Customer Service Department and we will endeavour to resolve the fault by trouble shooting the issue with you over the phone. If the fault cannot be resolved this way, we will send out a service agent to review the product.
Once the product has been reviewed by one of our service agents we will determine whether:
• there is no fault found;
• there is a non-serious fault which can be easily repaired within a reasonable timeframe;
• there is a serious fault found and you are to be offered a replacement or a refund; or
• the product has been damaged or abused through misuse, abnormal use or negligent use.
Where your product is still the subject of the manufacturer warranty or any statutory warranty and the product is found to be faulty by our technical team, (save where the product fault arises out of the misuse, abnormal, or negligent use) we will happily pay for and attend to rectifying the fault with your product.
Your available remedy will depend on whether the fault amounts to a serious fault.
Where our assessment finds that there is no fault with the product, or that the product been damaged due to misuse, abnormal use or negligent use, we may require you to, in which case you must, pay us for any fee incurred by us in connection with the assessment of your product.
We cannot offer a refund or exchange where there is no fault with the product, or the product has been damaged due to misuse, abnormal use or negligent use. However in such case, we may offer you repair of your product at your cost.