RETURNS & REFUND POLICY

CONSUMERS

Under the Consumer Guarantees Act 1993 (‘CGA’), you have guaranteed legal rights for goods [and services] you buy.

These are called ‘consumer guarantees’, and include the following:

  1. a guarantee that the goods are of acceptable quality, such that the goods are:
    • fit for all the purposes for which goods of that type are commonly supplied;
    • free from minor defects;
    • safe
    • durable; and
    • acceptable in appearance and finish;
  2. a guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit;
  3. a guarantee that the goods correspond with any description with which the goods are supplied; and
  4. a guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.

If the goods [or services] we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.

These guarantees are in addition to any warranty offered by a manufacturer, and you may have rights against the manufacturer directly.

The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.

BUSINESSES

If you are acquiring goods [or services] from Phone Surgeons for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods [or services].

FAILURES (MINOR AND MAJOR)

MINOR

If the goods [or services] we supply do not comply with a consumer guarantee, but can be remedied within a reasonable time, we will either repair the goods orreplace the goods with goods of identical type. If we cannot repair or replace the goods within a reasonable time, we will provide you with a refund of the purchase price.

MAJOR

A ‘major failure’ is where the failure in the goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a ‘failure of substantial character’ as set out by section 21 of the CGA.

If a failure amounts to a major failure, you are entitled to return the goods and choose to have a replacement of the returned goods or a refund. Alternatively, you may elect to retain the goods and obtain compensation for the reduction in value of the goods.

Where you choose a replacement, we will where available, provide goods of the same type and similar value to the returned goods.

GOODS DAMAGED IN TRANSIT

If any goods arrive damaged, please contact the relevant Phone Surgeons Store within 24 hours of delivery. The relevant Phone Surgeons Store will arrange to have the damaged item returned and either repair or replace the goods or refund the price to you, at its election. Damaged goods must be returned to the relevant Phone Surgeons Store or Shipping Agent in the condition received by you with all original packaging, together with all packing slips.

The “relevant Phone Surgeons Store” is the Phone Surgeons Store that delivered the goods to you. If you are unsure as to which store is your relevant Phone Surgeons Store, please contact the Phone Surgeons Store (details below).

MORE INFORMATION (CONTACT, DELIVERY CHARGES, REFUNDS)

CONTACT

Where you have an issue relating to your order, please immediately contact the relevant Phone Surgeons Store that supplied the goods to you. Please have your order number with you. 0800 349 968 or via contact@phonesurgeons.co.nz

DELIVERY CHARGES

If there are no Phone Surgeons stores accessible to you, you have the option to ship the item/s back to the originating store. Please contact Phone Surgeons to find out if you can ship your items instead of coming into a store.

Any shipping costs to return the original goods to Phone Surgeons will be at the cost of Phone Surgeons, where Phone Surgeons considers the goods to have breached a consumer guarantee. If on examination of goods returned to

Phone Surgeons, the goods are found to not be in breach of any consumer guarantee,

Phone Surgeons may charge you a fee for examining the goods, and any cost to return the goods to you.

Please note that goods must be returned within a reasonable period and you may be asked to demonstrate that you have purchased the goods from Phone Surgeons and that the problem with the goods was not your fault.

REFUNDS

Refunds will be issued at the discretion of Phone Surgeons.

Refunds will normally be processed within seven (7) days.

This returns policy is not intended to exclude or limit any rights which you may have as a consumer under the consumer Guarantees Act 1993, and may not necessarily describe all right you may have.