We make every effort to ensure all information on this site is accurate and up to date. However, in the event a product is listed at an incorrect price, or with incorrect information, Esulate PTY LTD shall have the right to refuse or cancel any order placed for product listed at the incorrect price. Esulate PTY LTD shall have the right to refuse or cancel any such order whether or not any such order has been confirmed and your credit card charged. If your credit card has already been charged for such purchase and your order is cancelled,
Esulate PTY LTD shall refund the amount of the charge.
The information, images, packaging, dimensions and specifications displayed in this website are as provided by Esulate PTY LTD. It is the responsibility of the buyer to check and have confirmed details of a critical nature prior to the submission of payment when ordering goods from this website. Esulate PTY LTD will not be held responsible for any errors or omissions in the information and specifications displayed.
All prices in the shopping areas are in New Zealand dollars (NZ$) and EXCLUDE GST (GST is charged 15% New Zealand sales tax for local sales and 0% for export sales and is clearly shown in your purchase summary). Subject to the previous clause, all prices are correct at time of publication and the prices published on the Site at the time and date of the purchase will be the final price paid. The time and date of purchase is the time and date we confirm your order by sending goods to you. However we reserve the right to alter prices for any reason. Esulate PTY LTD reserves the right to adjust pricing due to changes in legislation, market conditions or error and obtain the buyer's approval prior to the dispatch of any goods.
Warranty
Esulate PTY LTD will assign to the buyer the benefit of an applicable manufacturers warranty, expressed or implied, issued in relation to, or applicable to the goods supplied. All goods supplied are bound only by the warranty of the manufacturer (or licensed agent thereof). Esulate PTY LTD will at all times act on the buyer's behalf and best interests to uphold and maintain these warranties, but will not be held liable for any costs incurred should the manufacturer deem goods void of warranty as per their terms and conditions.
Guarantees
If you are acquiring goods from us for on-sale, or otherwise for business purposes, the Consumer Guarantees Act 1993 does not apply. Nothing in these terms and conditions is intended to be inconsistent with consumers’ rights under the Consumer Guarantees Act and in the event of any inconsistency the Act overrides the relevant part of these terms and conditions. In any case, where the Consumer Guarantees Act does apply, if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Esulate PTY LTD will repair or replace those goods.
The Customer acknowledges that Esulate PTY LTD does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Esulate PTY LTD in writing; If the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Esulate PTY LTD prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Esulate PTY LTD requires, and the Customer agrees to indemnify Esulate PTY LTD against any loss, liability or cost incurred by Esulate PTY LTD under the Consumer Guarantees Act 1993 or otherwise as a result of any breach by the Customer of these obligations.
In the case of all items purchased from Esulate PTY LTD, the risk of loss and title for such items passes to you upon our delivery to you. Esulate PTY LTD is deemed to have fulfilled its obligations to deliver the goods when they are handed by the carrier to you, and/or your representative at the designated site delivery address supplied by you.
Esulate PTY LTD shall arrange an agent to deliver the goods to the address stated on the order or as agreed by Esulate PTY LTD in writing. Esulate PTY LTD shall deliver the goods by such carrier and such form of transport Esulate PTY LTD consider to be appropriate or as selected by the customer during the sales process. For items to be shipped overseas, the terms of delivery are FCA (Free Carrier) as defined by INCOTERMS 2000. That is, Esulate PTY LTD delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place.
Esulate PTY LTD will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Esulate PTY LTD control. Esulate PTY LTD shall not be in any way responsible for any losses, damages, costs or other consequences (direct or indirect) arising from such delay or non-delivery.
The Customer agrees to inform Esulate PTY LTD within 30 days of the date of invoice if proof of shipment is required.
Payment
Payment is to be made by credit card in full on placement of order unless agreed otherwise. All cheques not honored will attract a $50.00 administration fee. In the event of legal action eventuating, all legal fees incurred by Esulate PTY LTD during the process of legal action in recovery of the unpaid amount shall be borne by the buyer in default. Legal fees include any costs and commissions payable to any recovery or commercial agent and all other expenses incurred by Esulate PTY LTD in the recovery of the amount due.
Advice of lead times
Esulate PTY LTD will endeavour to satisfy the quoted lead time, however any indication of lead times are only approximations. Esulate PTY LTD will not be held responsible for costs incurred by the buyer due to delays experienced. Delivery dates and times can be requested and all reasonable attempts will be made to deliver on these dates.
Liability
Esulate PTY LTD will accept no liability for damages, breakages, or losses once goods are picked up by, or delivered to the buyer. It is the duty of the buyer (or assigned employees and agents) to inspect all goods prior to pick-up or upon delivery.Ownership of Goods. The ownership of the goods shall not pass to the buyer until the goods are paid in full. In the event of the buyer defaulting in payment of goods or other default, Esulate PTY LTD shall have immediate right and without the necessity of giving notice to retake possession of the goods wherever they may be. The buyer authorises Esulate PTY LTD (or it’s agents) to enter the buyer’s premises on which the goods are kept and to retake possession. Esulate PTY LTD shall not be liable for any cost, losses, damages or other expenses suffered by buyer or any other third party in respect of such recovery.
Delivery of goods
The buyer has the option to either pick-up or have the goods to be delivered. All delivery addresses provided by a customer, when placing any enquiry / order, must be to an address that is attended during the hours of 9:00am to 5:00pm, Monday through to Friday. No liability will be accepted by Esulate PTY LTD if goods are claimed to be missing, differing from the order or damaged when goods are delivered between these hours and/or there is no-one authorised to accept and verify the delivery.
Provide delivery information when placing your order
When placing an order, please take the time to insert clear information.
Product Placement when delivering:
The standard delivery method is to place goods within reach from the kerbside outside of the property or at a suitable warehouse location. Additional costs may be incurred if goods are needed to be carried a distance exceeding 5-10m from the vehicle which will be automatically charged to the buyer by the transport company. Drivers will not place product above ground level. The delivery driver has the right to make the final decision on product placement once he has assessed the site - taking in to consideration any written instructions or verbal requests.
Changes to a delivery:
Notification is required by phone on the day of ordering of any changes to site conditions, or delivery address. A late notification fee may apply if insufficient notice is provided.
Bad Weather:
In the event of bad weather prior to the expected delivery date where you feel a driver will be unable to successfully delivery any order, you should contact us as Esulate PTY LTD to suspend the delivery as soon as possible. The buyer is responsible for providing appropriate storage in wet weather.
Delivery costs if unloading takes more than 1 hour (Demurrage)
Anything over 1 hour to unload can incur a additional charge - Drivers will endeavour to advise of this onsite beforehand once the site and delivery conditions have been considered. This charge will be invoiced separately from any initial invoice.
Delivery costs for 'Rural Deliveries' - RD
Any delivery over 20 km beyond a major centre or town listed on this site may be considered a 'Rural Delivery'. Rural Deliveries may incur additional charges. The transport operator or us will endeavour to advise of this additional charge beforehand once the site and delivery conditions have been considered. This charge will be invoiced separately from any initial invoice.
Transport
Futile transport or any other transport costs are chargeable to the buyer if goods are unable to be unloaded when delivered on an agreed prearranged date or time and all goods dispatched require being returned. Maximum waiting time on site for unloading to begin is fifteen (15) minutes. Undue waiting time attracts a charge of $70.00 per hour or part thereof. It is the duty of the buyer (or buyer's representative) to inspect for damage and correctness of goods delivered. No claim will be recognised by Esulate PTY LTD once goods are delivered and signed for.
Errors & Omissions
The customer will be liable for any calculation errors regarding the ordering and delivery of goods, before and after any transaction has occurred.
Amendments to Orders
Orders cannot be amended once payment has been submitted.
Cancellation of Orders & Returns
Orders cannot be cancelled except with written consent granted by Esulate PTY LTD on the same day of order. No refunds of payments will be given.
Goods can only be returned at the discretion of Esulate PTY LTD and will be subject to a handling charge of 20% of the value of goods and must be accompanied with relevant proof of purchase documentation. Any costs incurred to return goods to the place of dispatch are at the buyer's expense. Goods and packaging must be in original condition, free from damage and blemishes.
Return of Goods
Esulate PTY LTD will replace any defective goods at no cost to the purchaser. Please contact Esulate PTY LTD on +64 9 8469528 for detailed instructions should you require assistance.
Esulate PTY LTD will not accept the return of non-defective goods (such as where the Customer has ordered the wrong size, rating, quantity or colour) for credit or any other purpose unless Esulate PTY LTD agrees to accept the return of the goods and advises the Customer a return advice number prior to the return of goods.
Return of goods will only be accepted for credit or exchange within 14 days of delivery, unless due to Esulate PTY LTD error. Return freight will be at Esulate PTY LTD cost only when there has been an error on Esulate PTY LTD part.
No returned goods shall be accepted by Esulate PTY LTD (even if Esulate PTY LTD agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to above. Where goods are returned to Esulate PTY LTD but not accepted as above, they shall be returned to you at your expense.
Receipt by Esulate PTY LTD or by any of our agents or representatives of any goods returned other than in accordance with the above two paragraphs shall not constitute nor be deemed to constitute Esulate PTY LTD acceptance of the return of the goods for credit or any other purpose.
Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Esulate PTY LTD is not responsible for the operation of or the content on any such site.
It is natural for those new to electronic purchasing to be concerned about security of personal and credit card details. In reality, a commerce transaction on the Internet is significantly more secure than a similar telephone transaction or handing your credit card over the counter in a store.
To ensure that your credit card or other personal details are kept secure in transit on the Internet, we use a 128-bit digital certificate to encrypt the data going to and from the web Site. Look for the secure page entry messages that you get notified from your browser and for the web address to change to “https” (secure web page transfers).
In addition, the Esulate PTY LTD web Site is hosted behind a commercial firewall to prevent hackers from obtaining access to your data. Even if this unlikely event does occur, we do not keep a record of your full credit card number. Only authorised personnel from the Esulate PTY LTD Site administration and our hosting provider are allowed either physical or electronic access to the web server or databases.
Esulate PTY LTD has a strong privacy policy relating to all information that you provide through this web Site and we will take all reasonable steps to prevent any data being inappropriately released or misused. The Customer, if an individual, has a right of access to information about the Customer held by Esulate PTY LTD. The Customer may request correction of that information if it is believed to be incorrect. Esulate PTY LTD may charge reasonable costs for providing access to that information.
Contact Details
If you have any queries regarding shopping with Esulate PTY LTD, please email, or call us - details on the About Us page.
Use of the Service by You
Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service.
You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.
The Service’s content, information and advice is offered free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
Esulate PTY LTD will over time provide content and information, which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on the Service.
This Site is operated by Esulate PTY LTD. All of the content included on this Site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of (or licensed to) Esulate PTY LTD or its suppliers and protected by New Zealand and international copyright laws. You are welcome to access and use this site and to view and print one copy of any material on it for your personal, noncommercial use and without removing any of our trademarks or copyright notices. No other copying is permitted without our consent in writing.
This Service provides general information about Esulate PTY LTD and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about Esulate PTY LTD, its suppliers, subsidiaries and the services and products they offer. Esulate PTY LTD reserves the right to change delete or move any of the material on the Service at any time without notice.
To the fullest extent permitted by law, Esulate PTY LTD and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages (including liquidated damages, fiscal claims, additional insurances and the like) allegedly sustained arising out of your access to or inability to access the Service. This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.
Except as specifically stated in these terms and conditions, or elsewhere on this Site, or as otherwise required by applicable law, neither Esulate PTY LTD nor its directors, employees, licensees, content providers, or other representatives will be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, or inability to use, or the performance of this Site or the content and service thereof, whether or not we have been advised of the possibility of such damages.
This agreement shall be interpreted, construed and governed by the laws of New Zealand. Any and all disputes arising under this agreement or in any way related to this Site shall be dealt with by the Courts of New Zealand and each party agrees to not contest the jurisdiction of these courts.
No action of Esulate PTY LTD other than an expressed written waiver or amendment may be construed as a waiver or amendment of any of these terms and conditions. Should any clause of these terms and conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to make changes to our Site and these Terms and Conditions at any time and such changes will take affect from the time they are published on this site. These conditions set out the entire agreement between Esulate PTY LTD and you relating to your use of this Site.
Privacy Policy
The security of your personal information and credit card details is of utmost importance to Esulate PTY LTD and we work to protect it. For this reason our on-line shopping options are via a secure channel. Any personal information is kept secure and Esulate PTY LTD will not make available any personally identifiable information about you to any third party without first receiving your permission, unless legally required to do so.
Esulate PTY LTD uses a secure Internet server. Secure mode allows you to pass securely encrypted data over the Internet. All popular browsers support secure mode.
You can enter your credit card number on a secure form and transmit the form over the Internet to a secure server without risk of an intermediary obtaining your credit card information. All credit card details sent to Esulate PTY LTD are NOT stored in our customer database and therefore cannot be revealed to any other parties.
Our site uses an order form for customers to place orders and request information. We collect customer's contact information (such as email address and phone number), delivery information (such as physical address) and transaction records.
This information is used to send orders to our customers, get in touch with the customer when necessary, and to bill the customer for products and services. We may share non-personal aggregate statistics (group) data about our readers, sales and traffic patterns with partners or other parties. However, we do not sell or share any information about individual users.
The Service may also place cookies on your computer. These are only accessible by us and will only be used to track the pages of the web site visited by you, in order for us to build a better site more tailored to your needs and interests. Our cookies do not record personal information about you, merely your computer.
If you choose to subscribe to the Esulate PTY LTD newsletter, we will from time to time email you with special offers or deals. This service is completely discretionary. If you decide you no longer wish to receive the newsletter, just follow the unsubscribe instructions contained within the email.
In addition to Esulate PTY LTD safeguards individual’s personal data is protected in New Zealand by the Privacy Act. This provides, amongst other things, that the data we hold about you should be processed lawfully and fairly. It should be accurate, relevant and not excessive. The information should be kept up to date, where necessary, and not retained for longer than is necessary.
Individuals have the right to see what is held about them and correct any inaccuracies. Esulate PTY LTD treats all the data held with the utmost care and security. Any details you give will remain completely confidential.
The Customer, if an individual, has a right of access to information about the Customer held by Esulate PTY LTD. The Customer may request correction of that information if it is believed to be incorrect and may require that the request be stored with that information.
Esulate PTY LTD may charge reasonable costs for providing access to that information.
Esulate PTY LTD reserves the right to alter or change these terms at any time and without notice. Any transactions with Esulate PTY LTD will be done as per these trading terms and conditions at the time of the applicable transaction(s) - It is recommended you print these terms and conditions at the time of payment for any enquiries made.
