Terms & Conditions

SECTION 1 - WHO WE ARE


We (official website www.justlaptops.co.nz) are JUST LAPTOPS LIMITED (Epsom Office), DIGILINK LIMITED (Penrose Office), KIWIDIGI LIMITED (Albany Store), trading as JUST LAPTOPS, and in these terms we refer to ourselves as "we" or "us".


SECTION 2 - DEFINITIONS


(1) Governing law - The contract (and these terms) are governed by the laws of New Zealand.

(2) Waiver - If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.

(3) No assignment - You cannot assign or transfer any or all of your rights or obligations under this contract without our prior written consent.

(4) Brand New Products - Brand new products are products that are brand new from the factory and have not been sold to any end user. Brand new products that are sold with Manual Store Upgrades or manual configurations are also classified as brand new products.


SECTION 3 - ORDER CANCELLATION


(1) If the payment has not been made in full within 7 days and a deferred payment has not been arranged or approved, we reserve the rights to cancel your order without prior notice. 

(2) If you wish to cancel an order, you must notify us in writing. If we have to spend additional time to make any changes and/or require the account department to involve, a 15-25% admin fee applies.

(3) If the order has been prepared and dispatched, we can no longer cancel the order as the items would have left our premise. Please follow our Return Policy for returning items to us.

(4) We reserve the rights to cancel your order due to reasons such as errors, omissions and stock level errors. If your order has been cancelled for such reasons, we will provide a full refund to you within 7 days.



SECTION 4 - RETURNS POLICY (FAULTY ITEMS) & WARRANTY POLICY


(1) We accept returns if a product suffers from hardware fault or manufacturing defect only.

(2) If a product purchased brand new suffers a serious hardware fault (for example, computer or monitor not powering on) within 14 days from the date of purchase, we may help arrange an Express Replacement under Warranty.

(3) All brand new products sold by Just Laptops have a One-Year Warranty / Guarantee unless otherwise specified. The length of the warranty period is usually stated under the description of the product. Just Laptops and/or the manufacturer guarantees that the product(s) which are sold as brand new products are free from any hardware defects under normal use during the Warranty Period. Warranty does not cover data, software, firmware or any configuration related issues. 

(4) The Warranty Period starts from the date of purchase. Your GST Invoice shows the date of purchase. You may be required by Just Laptops or an Authorised Service Provider to present a proof of purchase as a condition of receiving warranty service. You are entitled to a hardware warranty service if a repair is required within the Warranty Period.

(5) If a product suffers from a hardware fault within warranty period, Just Laptops, the manufacturer of the product or the official service centre of the manufacturer will repair or replace any defective components (if applicable) at their discretion. All defective parts of modules removed under this Warranty will become the property of Just Laptops or the manufacturer.

(6) If Just Laptops is not able to provide a solution within the Warranty Period, you may be offered a replacement product of the same product, or a similar product with similar or better specifications, and of a similar condition when you return the product to us. If no replacement product is available, or if no similar product with similar or better specifications is available, a refund may be offered to you.

(7) Returning a product to Just Laptops during the warranty period does not automatically mean that it will be repaired completely free of charge. Just Laptops reserves the right to check the validity of your warranty claim and review your request for a warranty service. You may be required to pay for any inspection and service charges for issues or services that are not covered under warranty.

(8) Some non-hardware or non-warranty issues that are not covered under warranty include, but not limited to:

 (a) accidental damage or drop, causing permanent physical damage to the product

 (b) damage caused by hardware modification to the product by the user or a third-party
(RAM, SSD and HDD upgrades are not classified as hardware modifications if these components are designed to be removable or upgradable)

 (c) liquid damage to the product (for example, spilling water, coffee or juice to the product)

 (d) issues, damages or losses caused by malware, adware, ransomware or other viruses

 (e) operating system issues and/or driver issues (for example, failed automatic/manual software or firmware updates)

 (f) software and/or driver issues that can be resolved or rectified by restoring the product to factory default, or by fresh reinstallation of the operating system

 (g) software and/or driver configuration issues

 (h) third-party software incompatibility

 (i) data loss (data are not covered under any warranty or guarantee)

 (j) excessive dust build-up or blockage

 (k) damage caused by improper installation or improper connection to a peripheral device (such as monitor, keyboard, USB device, etc.)

 (l) damage caused by an external electrical fault or any accident

 (m) damage from use outside of the operation or storage parameters or environment detailed in the User's Manual

(9) Just Laptops may sell items that are used, second hand, ex-lease or ex-store displays at times. Items as such will be mentioned under the product description. Any product that has any known hardware defect or imperfection will be mentioned under product description. It is important for you to inspect the product in store to ensure that it meets your expectations. Otherwise, you acknowledge that you are aware of these known defects or imperfections for which the warranty will not cover.

(10) If the product is not suffering from any manufacturer's defect and/or hardware defect, but the customer does not know how to operate or configure the device correctly, Just Laptops is able to provide addon IT consultation services or repair services for the aforementioned non-warranty issues. An assessment fee and any addon IT service charges may be applicable. Please refer to the price list from "Tech Services" page.

(11) Just Laptops is not responsible for any of your confidential, proprietary or personal information contained in the product which you return to Just Laptops. You should remove or destroy all such information from the product prior to returning a product.

(12) Just Laptops is not responsible for any damage of loss of any personal data, software or removable storage media. 

(13) The customer must provide correct, genuine and consistent information to Just Laptops at all times. Any misleading or falsified information provided to Just Laptops may hinder our ability to assist you efficiently and/or may result in your warranty claim being declined.

(14) If you wish to return any product, you must request a return authorisation (RA) number before you send it back. Items returned without an RA number may result in additional administration fee. Please note that we take no responsibility for any item arriving without an Order Number or RA number which results in the loss of the item.

You may create a new Warranty, Repair or Return using the link below:
https://www.justlaptops.co.nz/info/returns-warranty-13



SECTION 5 - RETURNS POLICY (CHANGE OF MIND OR NON FAULTY PRODUCT)


(1) Under New Zealand consumer laws, we do not have the obligation to accept a return if you have simply changed your mind (buyer's remorse) or if a product is not faulty.

(2) Please choose carefully and make sure a product meets your requirements. We do not accept returns if you later find out that the product does not meet your expectations.

(3) If you wish to return a product, you need to make a request in writing within 14 days after placing the order. You will be responsible for the cost of returning the item to us. A 25-35% restocking fee will be deducted if items have been opened or used by the customer. This is in part to cover the depreciation of an open box item and/or the costs for bringing and re-certifying the item back to a resalable condition.

(4) If you received the wrong items or damaged items, you need to advise us in writing within 3 days of receiving the item(s) and attach photos taken of the items received. Otherwise you agree that the correct items have been delivered and that they are in good order (this does not affect any rights you have under New Zealand consumer laws).

(5) Software products such as license keys are not refundable. Some products, such as cleaning wipes and face masks, are not refundable due to hygiene reasons.

(6) Used and completed shipping services are not refundable in any circumstances.



SECTION 6 - BATTERY WARRANTY POLICY


(1) All rechargeable batteries are considered as consumable components and will become less effective as they age chemically. As lithium-ion batteries age, the amount of charge they can hold diminishes. This is the science for battery chemistry that are common to all lithium-ion batteries in the industry.

(2) By purchasing electronic devices with batteries from us, you understand the science behind battery chemistry and accept that battery capacity reduces over time regardless of the frequency of use. The claimed battery longevity will also reduce over time. Batteries that are operated under harsh environment outside of the manufacturer's recommended operation environment, batteries that are discharged and recharged very frequently, misuse or mishandling of batteries may result in faster battery degradation. You understand that leaving the batteries unused and/or uncharged for an extended period of time may damage the batteries. You accept that normal battery degradation may not considered as faulty and may not be covered under warranty. 

(3) Battery Warranty is provided separately from standard laptop hardware warranty. Most manufacturers provide a 6-12 months battery warranty, regardless of the warranty coverage length of the device. Please check with the manufacturer in regards to their battery policy as manufacturers may have different policies.



SECTION 7 - CONSUMER GUARANTEES ACT


(1) If you are buying goods for personal, domestic, or household use or consumption, you may have certain rights under the Consumer Guarantees Act 1993 (CGA) that cannot be excluded or limited. These terms and conditions do not limit or alter your rights you have under CGA (other than in the circumstances permitted under the Act). 

(2) If you are in trade, buying goods for business, commercial or industrial use, you agree that the Consumer Guarantees Act DOES NOT apply.

(3) Just Laptops will fully comply with and meet our obligations under all New Zealand Laws.

You may find more information about the Act on the Ministry of Business, Innovation & Employment (MBIE)'s website:
https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act/

Information on the Commerce Commission's website:
https://comcom.govt.nz/consumers/your-rights-as-a-consumer

Full Legislation of the Consumer Guarantees Act 1993:
http://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html

Full Legislation of the Fair Trading Act 1986:
http://www.legislation.govt.nz/act/public/1986/0121/latest/DLM96439.html

(4) The Nature of Goods

(a) By CGA 7(1)(f) "nature of the goods" need to be considered while applying the CGA;

(b) It is the nature of the goods, especially electronic goods, to develop some kind of faults. The faulty rates of laptops are 4.7% in 1 Year, 12.7% in 2 Years, 20.4% in 3 Years. For details, please visit: https://www.justlaptops.co.nz/info/nature-of-goods-26 ;

(c) With today’s technology, all computers and electronic products will ship with flaws, defects, or bugs, including but not limited to software/firmware bugs. Your computer may need to be serviced or repaired due to above faulty rate and inevitable flaws, defects, or bugs.

(5) Problem caused by 'misuse'

(a) By CGA 7(4)(a) & 7(4)(b) goods will not fail to comply with the guarantee of acceptable quality if it has been misused;

(b) For how to use your laptop properly, please visit: http://www.wikihow.com/Take-Good-Care-of-Your-Laptop-Computer

(6) Statements made about the goods

(a) By CGA 7(1)(h) and 7(1)(i) "Statements/Representation made about the goods" need to be considered while applying the CGA;

(b) By purchasing from Just Laptops, you agree to take this as a statement/representation of the computers that we sell: 

(b.1) Due to the nature of the goods, computers have a much higher faulty rate than many other goods. You understand that your device may need to be serviced or repaired multiple times due to such faulty rate (4.7% in 1 Year, 12.7% in 2 Years, 20.4% in 3 Years);

(b.2) You accept that a normal service or repair turnaround time may take an average of 8 weeks. For some issues, such as intermittent problems might take 12 weeks or longer;

(b.3) You agree that only unrepairable issues should be considered as “major/serious fault”;

(b.4) Because of the fast value depreciation of computers (50% in 12 months according to IRD), You agree that “refund” should not be considered as a fair/reasonable remedy after 30 days of purchasing. 

(7) Understand the detail of contract/guarantee under CGA

(a) By CGA 6(1), the retailer has the obligation to guarantee goods as acceptable and will last for a reasonable period. “reasonable” and “acceptable” are very subjective judgments. We will not contract out of CGA but it is important to understand what’s “reasonable” / “acceptable” for a specific product in a specific consumer's opinion so that we could better comply with the CGA accordingly; 

(b) The "acceptable guarantee length" period that we agreed upon will be listed in each product's description as warranty/guarantee. 

(c) You agree that only unrepairable issues should be considered as “major faulty”. Repairs could take 12 weeks or longer. "Refund" should not be considered as a “reasonable remedy” after 30 days of purchasing.

(d) You agree that due to the nature of the goods. all software will have bugs and would not be covered under any warranty/guarantee. Cyber security and data back are entirely your obligations.

(e) You agree that you will contact us before the settlement if you believe the detail of guarantee above is not satisfied, or not acceptable/reasonable in your opinion as a reasonable consumer. 


Why this is important to clarify the obligations before settlement 

According to MBIE (Ministry of Business, Innovation and Employment), “... Consumer Guarantees Act is a self-resolving legislation, it would require negotiation between a consumer and a trader... “ The uncertainty about the detailed legal content/obligations might cause possible disputes, unnecessary costs and discourage some users to look after their devices.

Example one:

According to CGA. Products need to last for a reasonable period, and the consumer could reject the product for full refund for major/serious faults. 

Computers have a very fast value depreciation rate (50% in 12 months according to IRD), therefore, a full refund of an old computer’s original purchase price would be the most ideal outcome for most people in common sense. As a result, it will encourage the consumer to claim the faults as “major/serious”. Moreover, some consumers might not take any action for small issues till they develop to major/serious faults so that they could have a full refund. 

Example two:

Product Cost = Product Production Cost + Faulty Rate x Avg Remedy Cost

Person A might believe a 5 years guarantee is reasonable, and issues such as faulty motherboard, faulty screen, and faulty storage should all be considered as "major/serious fault”. therefore, he/she’s entitled to have full refund of the original purchase price during 5 years period if any of these faults happen.

Person B believes 1 year guarantee is sufficient, and he/she believes only unrepairable issues should be considered as “major”. Therefore, Personal B’s cost of the same product could be 30-50% lower than person A. 

By CGA 1A(1),  “The purpose of this Act is to contribute to a trading environment in which -- the interests of consumers are protected, and businesses compete effectively, and consumers and businesses participate confidently." Justlaptops will not contract out of CGA, and we often go the extra mile to support our customers. However, to achieve the above purposes, it is important to understand & clarify the detailed obligations under the CGA to prevent possible disputes and unnecessary costs to consumers.



SECTION 8 - CGA Claims


(1) You agree to provide Just Laptops reasonable opportunity to inspect your product & conduct necessary investigations before any CGA claim application could be processed/accepted.

(2) You agree that in the event of any product malfunction, you will promptly (within 14 days) notify us and return the product for inspection and/or services. It is important to understand that failure to promptly fix a minor issue may lead to major faults in the product, or, make a repairable fault irreparable. In such instances, we shall not be held responsible.

(3) Due to the fast value depreciation of technology products, you agree that if you wish to apply for a return and refund/replacement, you must return the product within 7 days. The returned product should not have any faults or damages unrelated to product quality (e.g. virus, incorrect BIOS/driver, broken cable/pin, cooling system blocked by dust, etc). 



SECTION 9 - IT SERVICE, REPAIRS & WARRANTY


By leaving your equipment/devices with Just Laptops for service work, the customer understands and agrees that:

(1) An Express Inspection Fee of $135.00, which is also a minimum service charge, is payable if the device is not purchased from us or is outside of the coverage of warranty. The Express Inspection Fee covers the technician's time to assess your device to provide a quote for repair or service. The Express Inspection Fee is non refundable, but will be absorbed into the final price should you choose to accept the repair OR become payable should you choose to decline our quote or cancel the service request. 

(2) Hardware services have a warranty of 90-days unless otherwise stated. Software services are not covered by warranty.

(3) Services will be undertaken in a timely manner, but Just Laptops will not be held responsible for any delays outside its control, including events such as unavailability of parts, public holidays, shipping delays, or late approvals.

(4) If the customer requires a specific service only without requiring a full inspection service, Just Laptops is not responsible for other failures outside of our service scope (for example, if a screen replacement service only is requested and completed, but the laptop does not turn on due to a motherboard failure; or if liquid is spilled onto the keyboard and only a keyboard replacement is requested and completed, but the laptop failed later on due to motherboard corrosion). 

(5) Just Laptops will try our best to identify any addon service or repair that needs to be done on a device for it to be in good working order. If the customer refuses any of the service or repair recommended, Just Laptops is not responsible for any damages due to the improper care or negligence of the device.

(6) Service fees must be paid in full upon completion of the service before the customer can collect the repaired product.

(7) Even though Just Laptops (and any other third party contractors) will take maximum care of my product, it is the customer's responsibility to ensure that the product is properly insured against accidental events.

(8) Minor physical damage may be inflicted on the product in the case of hardware service due to the nature of the work (e.g. scratches or minor chips at corners), and Just Laptops (and any other third party contractors) are not accountable for such minor faults as long as they do not deter the normal operation of the product.

(9) Just Laptops (and any other third party contractors) are not responsible for any component failures during service.

(10) In the event where hardware replacement is required, an operating system reinstallation may be required.

(11) The customer is responsible for my data and software licenses. Unless a data backup service is specifically requested, Just Laptops (and any other third party contractors) are not to be held responsible for any program or data loss. In addition, in regards to system restore/reinstallation, only data backup is possible, and not program reinstallation unless Just Laptops is specifically instructed to do so and the customer has provided all the necessary installation media/files.

(12) Not all data can be backed up, especially in events such as virus infections, file corruption, and hard disk degradation. While Just Laptops (and any other third party contractors) will undertake all reasonable steps in ensuring data integrity, security and confidentiality, no absolute guarantees will be given and they will not be held responsible for accidental data loss.

(13) If the customer does not respond to our quotes or communication regarding a service/repair job for more than 4 weeks, the item that is left with us will be treated as abandoned and/or may incur a late collection fee of $10/day and/or removal fee.

(14) Any items remaining uncollected after 14 days of collection notice will be deemed abandoned and/or may incur a late collection fee of $10/day and/or removal fee.

(15) If freight service is required, the customer will undertake the shipping costs as well as the risks involved with shipping.

(16) Any work outside the scope of the agreed work will be charged on an hourly rate basis as follows:


Director$250/hour
Senior / System Engineer$185/hour
Consultant$145/hour
Junior Engineer$95/hour
Software Technician$58/hour
Admin$45/hour
Minimum Charge$90.00



SECTION 10 - UNPAID INVOICES, PAYMENTS AND OVERDUE AMOUNTS


(1) We do not have to provide you any specific goods or services until we have received the full payment for all the goods and services ordered. This means that we can apply your payment to any previous outstanding account. Your current order may be held up until all the money you owe us has been paid.

(2) Standard Interest Rate of 26% p.a. applies for any balances owed to Just Laptops past the payment due date. 

(3) Unpaid invoice will be passed to the Debit Collector after 14 days, and the payer will be liable to pay any costs associated with collecting payment / Recoverable Collection Costs (RCC).




SECTION 11 - RISK AND RETENTION OF TITLE


(1) Risk (including any insurance responsibility) passes to you when you collect the goods (or they are collected for you); or when they are dispatched to you (this includes when we or our supplier releases the goods to a carrier to send to you).

(2) We retain ownership of all goods supplied until we have received full payment for all goods supplied to you. You agree to do anything necessary (including signing documents) to enable us to protect and register our security interest.



SECTION 12 - STOCK LEVELS


(1) All goods are subject to stock availability.

(2) We reserve the rights to cancel orders and reverse transactions if the goods become unavailable.



SECTION 13 - PRICES


(1) All prices are given in New Zealand dollars unless otherwise specified.

(2) While our policy is to keep prices competitive in the market as best as we can, like all other commodities, prices are subject to change at any time based on many factors, such as the changes in the supply and demand in the market, currency exchange rates, transport and cost of sale. 

(3) All product or service prices are subject to change without prior notice. Provided we meet our obligations under the Fair Trading Act 1986, We reserve the right to change our prices at any time before accepting an order, especially when a product is not in stock and on back-to-back order due to the changes of costs in getting products.

(4) Best Price Protection Guarantee is valid for up to 14 days from date of purchase by default (without requiring to purchase any Just Laptops Care Protection Plan) OR up to the maximum number of days as specified in the advertising materials, whichever provides the longest period. It is valid if Just Laptops drops the price of an item by more than $20 or 2%. An application must be made in writing to Just Laptops. 



SECTION 14 - ERRORS AND OMISSIONS


(1) We pride ourselves in getting things right, but sometimes errors, omissions or mistakes might occur with any of the graphical depictions, photos, specifications and prices of the products that we sell in advertisements, quotes, invoices or acknowledgements. Sometimes, we may only discover the errors after the goods was delivered to you.

(2) If we discover a mistake, we will let you know promptly and provide you with options, which may include cancelling the order and reversing the transactions.



SECTION 15 - ACTS OF GOD AND THINGS OUTSIDE OUR CONTROL


(1) We will not be responsible to you for any loss or damage directly or indirectly arising from or in connection with an Act of God or anything beyond our control.

(2) By "Acts of God and anything beyond our control", it means all the unusual circumstances that are beyond our control (earthquakes, fires, floods etc.) as well as: armed conflict, labour disputes, civil commotion, government intervention, transport delays, accidents, serious illness, shortages with materials, goods or facilities, and anything else beyond our reasonable control.


SECTION 16 - LIABILITY


(1) You should make sure that the goods or services ordered are fit and suitable for the purpose they are required, because we do not provide any express or implied guarantee or warranty or make any representation regarding fitness or suitability for purpose, quality, merchantability or otherwise. Accordingly, we exclude all liability we might otherwise have to you.

(2) If we are ever held liable to you, our liability is limited to our choice of providing you a refund or replacement. We will not be liable for any loss of profits or any indirect or consequential loss, even if the possibility of such loss has brought to our attention.

(3) This clause is subject to any rights you may have under the Consumer Guarantees Act.



SECTION 17 - FORMATION OF CONTRACT


(1) Our quote, website and advertisements are only an invitation to treat. When you order online or otherwise, it constitutes an offer by you to purchase in accordance with these terms and conditions. Our acceptance occurs (and the contract is formed) only when we release the goods to you.

(2) We reserve the rights to cancel, reverse, reject or decline any order or sale without providing a reason.

(3) All staff have the right not to be subjected to any inappropriate behaviour or abuse. We reserve the rights to reject orders or refuse offering services to abusive customers who:

 (a) make threats of physical harm or violence,

 (b) inappropriate personal, religious, cultural or racial insults,

 (c) homophobic, sexist or other derogatory remarks


SECTION 18 - ENTIRE AGREEMENT & SPECIAL AGREEMENT/ARRANGEMENT


(1) When we accept your order, these terms and conditions, together with any additional terms we have advised you or agreed to in writing, is the entire agreement between us.

(2) You agree that there are no other understandings, representations or warranties forming a part of this agreement.

(3) If you have any special instructions that are inconsistent with these terms, we will try to accommodate but you agree that they are not binding on us.

(4) All special agreement or arrangement (e.g. exchange, refund, special delivery arrangement, special offer) is valid only when it is put in writing. Justlaptops will email you the content of the agreement as confirmation and knowledgement if we do agree to something orally. If you believe that you have any verbal agreement with anyone from Just Laptops, please email support@justlaptops.co.nz to transfer that agreement into writing with Just Laptops' confirmation and knowledgement.


© 2017 Just Laptops