1. Company Information
Wing Acoustics Limited is a New Zealand Company (NZBN 9429035512264) with registered offices at 5 Akepiro Street, Mount Eden, Auckland 1024, New Zealand, email: contact@wingacoustics.com.

2. General
Wing Acoustics Limited (“Wing Acoustics”, “Wing”, “we”, “us” or “our”) owns and operates this website https://wingacoustics.com/ (“The Site”, “The Website”, “our website”). Access to and use of our website and the products and services available through this website (collectively, the Services) is subject to the following terms, conditions and notices (Terms).

By using our website and/or the Services, you are agreeing to all of the Terms, as may be updated by us from time to time. These Terms of Service apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. You should check this page regularly to take notice of any changes we may have made to the Terms.

3. Use of This Site
The Site is served as an information and shopping resource, but for no other purpose. Any other use of this Site, including, but not limited to, reproduction or any modification, distribution or republication, without the prior written permission of Wing Acoustics, is strictly prohibited.

You may not violate or attempt to violate the security of the Site including, without limitation, accessing data not intended for you or logging into a server or account which you are not authorised to access, attempting to probe, scan or test the vulnerability of a system or network, attempting to breach security or authentication measures without proper authorisation, or attempting to interfere with service to any user, host or network. Violation of system or network security may result in civil or criminal liability.

You may not engage in sending spam, including but not limited to any form of unsolicited emails or messages.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

4. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in this Website including the Services and and the material published on it. Those works are protected by copyright, trade mark and other such intellectual property laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off the Website or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Using the Website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.

5. The Website Changes Regularly
We aim to update the Website and maintain the Services regularly, and may change the content at any time. If the need arises, and acting reasonably, we may suspend access to the Website or the Services, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

6. Our Liability
Subject to any non-excludable statutory guarantees and consumer protection provisions set out in the Consumer Guarantees Act or the Fair Trading Act, the material displayed on this Website is provided “as is” and without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law, Wing Acoustics hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and is not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation arising out of or related to the use, inability to use, performance or failures of this Website (or any sites linked to this Website and any materials posted on those sites), irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

7. Information About You and Your Visits to The Website
We process information about you in accordance with our Privacy Policy. By using the Website and/or our Services, you consent to such processing of your personal information and you warrant that all personal information provided by you is accurate.

8. Viruses, Hacking and Other Offences
You must not misuse the Website or the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the Services, the server on which the Website or the Services are stored or any server, computer or database connected to the Website. You must not attack the Website or the Services via a denial-of-service attack or a distributed denial-of-service attack.

If we consider, acting reasonably, that you are in breach of condition 1, and to the extent that such a breach contravenes New Zealand law, we may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and our Services will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website /or our Services or to your downloading of any material posted on it, or on any website linked to it.

9. Links From the Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. Waiver
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach.

11. Alterations to These Terms
We may revise these Terms at any time and at our discretion. You are expected to check this page from time to time to take notice of any changes we make. Any such amendments are effective upon being published on our Website or as otherwise notified.

12. Jurisdiction and Applicable Law
These Terms (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms or their formation) will be governed by and construed in accordance with the laws in force in New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand, as do we, regarding any dispute arising from, or related to, these Terms.

Last Updated: July 2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS

The following terms and conditions (“Terms”) apply to our supply of Wing Acoustics products listed on our website https://wingacoustics.com/ (“Website”, “The Website”, “Our website”). Please read these Terms carefully before ordering any products from our website. To place an order, you are required to accept these Terms at the end of the checkout page. If you have any questions regarding these Terms (including any technical questions), please contact: contact@wingacoustics.com

1. Your Representations and Warranties
By ordering products from the Wing Acoustics Website, you represent and warrant that: you are legally capable of entering into binding contracts; and you are at least 18 years old;

2. Making a Purchase
To make an online purchase of any item, click the shopping cart icon to add the product to your shopping basket. Once you have finished shopping, click on the ‘View Cart’ icon in the top right-hand corner of the screen. Click on the button marked ‘Proceed to Checkout’ and follow the instructions on screen to complete your order.

After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a product from us and placing an order carries with it the obligation to make payment. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) a confirmation that the products have been dispatched (“Order Confirmation”), or (b) the physical product to you.

Each order placed for products via the Website that we accept, results in a separate binding agreement between you and us for the supply of products (“Contract”).

3. Availability and Product Delivery

Although we endeavor to ensure the availability of products shown on the Website, we cannot guarantee that all of the products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:

• to offer you equivalent product(s) in terms of quality and price which you may decide to accept or reject;
• or to notify you that we are unable to fulfill the order. If you reject our offer of an alternative product or we are unable to fulfill the order, we shall have no further liability to you unless we have already taken payment for the product(s), in which case we shall refund payments already taken from you for the relevant product(s).

Your order will be fulfilled without undue delay and by the delivery date set out in the Order Confirmation or, if no delivery date is specified, within 30 days of the date of the Order Confirmation. If it is not possible to deliver the product within the delivery period indicated, we shall refund you the paid purchase price on request.

Physical products are delivered to you via UPS (or similar carrier).

4. Risk and Title
The products will be at your risk from the day you (or anyone nominated by you) receive(s) the products.
Title to the products passes to you when we have received payment for them.

5. Price and Payment
All prices and charges on the Website are in US dollars.
For deliveries in New Zealand, the customer will be charged GST.
For deliveries outside of New Zealand, the customer will be responsible for any import clearance and any applicable import duties and taxes.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Payment for all products must be made prior to order processing. We are under no obligation to deliver the products until we have received payment from you.

6. Consumer Rights
Our products come with guarantees that cannot be excluded under the Consumer Guarantees Act. You are entitled to a replacement or refund for a major failure and compensation for any other 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 major failure.

Please refer to our Returns Policy and product warranties for more information.

7. Our Liability
The product specifications and system requirements required to operate products are described in more detail in the product specifications which can be found on the Website. We cannot ascertain whether your amplifier, sound source, computer, mobile phone or music player fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your amplifier, sound source, computer, mobile phone or music player after using the product.

To the fullest extent permitted by law, all terms, conditions, warranties, undertakings, inducements and representations, whether extent or implied, statutory or otherwise, relating to the products supplied by Wing Acoustics are excluded.

Wing Acoustics does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified, or which cannot be excluded, restricted or modified except to a limited extent by law, including liability under the Consumer Guarantees Act or the Fair Trading Act. However, where such statutory provisions apply, and to the extent to which Wing Acoustics is entitled to do so, Wing Acoustics’ liability will be limited, at its option, to:

• the replacement of the goods or supply of equivalent goods;
• the payment of the cost of replacing the goods or acquiring equivalent goods;
• the payment of the cost of having the goods repaired; or
• the repair of the goods.

8. Notices and Contact Information
All notices to us must be by email to: contact@wingacoustics.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Website (unless otherwise indicated at the relevant time), 24 hours after an email is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and (in the case of an email) that such email was sent to the specified email address of the addressee.

9. Transfer of Rights and Obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

10. Events and Obligations
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• strikes, lock-outs or other industrial action.
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• impossibility of the use of public or private telecommunications networks.
• the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

11. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, we will still be entitled to use our rights and remedies in other situations where you are in breach.

12. Severability
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13. Entire Agreement
These Terms represent the entire written agreement between us in relation to the subject matter of any Contract and supersede any prior written agreement, understanding or arrangement between us, whether oral or in writing.

14. Our Right to Vary These Terms of Sale
We have the right to revise and amend these Terms from time to time.
Any Contract will be subject to the Terms in force at the time that you order products from us.

15. Law and Jurisdiction
Contracts for the purchase of Products placed via the Website (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to those Contracts or their formation) will be governed by and construed in accordance with the laws of New Zealand. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.

Last Updated: August 2020