Terms of Sale for Devices - New Zealand
Effective : September 25, 2015
These Google Store Terms of Sale for Devices and any other terms referred to in these terms, such as terms provided in the Warranty Center ("Terms"), apply between you and Google Asia Pacific Pte. Ltd, whose principal place of business is at 8 Marina View, Asia Square 1 #30-01, Singapore 018960 (referred to as "Google" or "we"), when you purchase devices and/or accessories from the Google Store ("Device").
Please carefully read these Terms. By ordering a Device, you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order.
When you use any Google services through your Device, your use is subject to the applicable terms and conditions for those services, including the Google Terms of Service. Use of certain Device features may require that you open a Google account. Note that Google services and content may vary by region.
To place an order, you must have a Google Payments account. You may also need to maintain a Google Payments account to return or replace your Device or to receive any support offered by Google. A Google Payments account is free and if you do not have one you will be directed to Google Payments before you can check out. Your use of Google Payments is subject to the Google Payments Terms of Service. If you do not agree to the Google Payments Terms of Service, do not place an order.
You consent that in order to process your order and to protect you and Google from fraudulent transactions, Google may provide your order information to reputable third parties to perform address verifications and to assist in fulfilling or delivering your order.
Please refer to Google Store Support to learn more about any support offered by Google in connection with your Device. The Google support team will only provide support if you are located in a supported country, as described in the Country Availability page.
Ordering, Conclusion of Contract and Payment
When you place an order for a Device on the Google Store, you permit Google to charge the credit card, debit card or other payment method you have chosen for your purchase in the total amount of your order (including any shipping charges and taxes).
Google reserves the right to reject your order. For example, Google may reject your order if you do not live in a country from which Devices may be purchased via the Google Store or if you order more than the permitted maximum number of Devices.
We will send you without delay an email confirming receipt of your order and an order number that you should refer to if you have any follow-up queries. You should check and amend any errors before submitting your order to us. Your contract with Google becomes effective at the time you place your order, but is subject to the condition that Google thereafter sends a second email confirming your Device has been shipped. As mentioned in the section on "Delivery" below, there may be circumstances in which we cannot ship a Device to you. If your order contains more than one item, not all of which ship at the same time, the contract for those items that have not shipped will also be subject to the condition of our sending an email confirming shipment of the remaining items.
Prices and Taxes
The Device price displayed on the site does not include any shipping charges. Information about shipping charges can be found here and will also be presented at checkout before you place your order.
All prices include GST.
Applicable taxes will usually be presented at checkout or on the Device description page.
All prices displayed on the Google Store are subject to change at any time without notice.
Should Google reduce its price on any Device within 15 days from the date you order it, you must contact Google Store Support within 15 days of the price change to request a refund or credit for the difference between the price you were charged and the reduced price. Please note that this excludes limited-time price reductions, such as special sales events and offers advertised as limited in quantity.
Google may also provide promotional offers or prices related to the sale of Devices. If so, any terms applicable to such promotional offers or prices will control in the event of a conflict with these Terms.
We may not be able to deliver to all locations. Please consult our Country Availability page for locations to which we will deliver your Device. If Google does not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order.
If a Device cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Device will be returned to Google. In that case you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method in your Google Payments account), but you may be charged for shipping (and such charges will not be reversed). If a Device is not successfully delivered because we or a delivery agent made a mistake, you will not be charged at all and all charges will be reversed.
Title and risk in the Device shall pass to you (or your designated recipient) on actual delivery of the Device to the port of entry, prior to import clearance. You (or your designated recipient) will serve as importer of record and will be responsible for import customs clearance, as well as all applicable customs fees, import duties. and taxes. As the importer of record, you (or your designated recipient) must comply with all laws and regulations of the destination country. Additional charges for customs clearance must be borne by the recipient. We have no control over these charges and can't predict what they may be. Customs policies vary widely from country to country. You should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
You authorize Google to designate a carrier ("Designated Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your Device, and to process and remit your actual import fees for such Device. In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order.
Nothing in this section reduces or otherwise affects your legal rights.
If you do not receive your Device, please contact Google Store Support.
We try very hard to make sure there are no mistakes in the prices that appear on the Google Store. In the unlikely event that a mistake happens, you agree that Google will not be bound by that incorrect price, unless your credit card, debit card or other payment method in your Google Payments account has already been charged. If a mistake is discovered and you haven't been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.
You may not order more than the maximum number of Devices that we specify from time to time. For example, the Google Store may contain a maximum order limit for a particular Device.
Import and Export
The Device may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Device. These laws may include restrictions on destinations, users, and end use.
Use of the Device
Please carefully read any instructions that come with the Device, including instructions that may be available online.
In order to make use of any enhanced functionality of your Device, you may have to sign in to your Google account or open a Google account if you do not yet have one. Further, you agree to comply with any software license agreements applicable to your use of software on the Device. Google may also provide software updates/upgrades that you will need to install in order to make the best possible use of the functionality of your Device and/or Google services on your Device. Use of that software may be subject to additional licensing terms.
Resale and Gifts
You may only purchase Devices for your personal use. You may not commercially resell any Device, but you may give the Device as a gift. Recipients of gifts may need to open and maintain a Google Payments account in order to receive any support offered by Google. These Terms apply to any gift recipient.
Device Technical Specifications
Battery life for your Device, as described in any Device description page, will depend on device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary.
Devices with storage capacity may be preformatted with operating system software and other files. As a result, actual formatted capacity will be less than the memory listed in any Device description page on the Google Store.
Data and Deactivation
You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Google for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google. Google will not be responsible for any use or disclosure of any data that resides on a Device. If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.
If the Device is or becomes defective through no fault of your own, you may be entitled to a refund, replacement, or repair of your Device. Please always refer to the manufacturer for any manufacturer warranty, as described in the Warranty Center.
If you have a defective Device, please contact Google Store Support. In some situations, Google may refer you to the applicable manufacturer of the Device for support with Device defects.
If Google provides you with a replacement Device, you agree that Google may exchange the defective Device with either a new or refurbished Device. Nothing in this section affects your legal rights. Unless otherwise required under applicable laws, Google may only provide repair or replacement for Devices that are located in a supported country, as described in the Country Availabilitypage.
You are entitled by law to certain rights when you purchase a Device. For example, we promise that we are entitled to sell the Device to you, that the Device will conform with the description we have given of it prior to your purchase, and that the Device will be of acceptable quality and fit for purpose. Other than these commitments and those expressly given to you by Google about the Device, no other guarantees, warranties, conditions or terms apply to our agreement with you, unless expressly set out in these Terms. Nothing in this section affects your legal rights.
Device Features Outside of Google’s Control
You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier") or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your Wireless Carrier for compatibility and mobile data plan availability.
If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to an 802.11a/b/g/n or equivalent WiFi access point as described in the Device technical specifications.
You agree that, unless specifically provided in any Device description page, Google has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Google does not control.
You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Google makes no warranty nor gives any commitments with respect to such third-party hardware accessories or their compatibility with the Device.
Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).
Limitation of Liability
Google and its subsidiaries and affiliates (collectively, “Google Parties") shall not be liable (whether under contract, tort (including negligence) or otherwise) for:
(a) losses that were not caused by our breach of these Terms;
(b) any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of Google breaching these Terms;
(c) losses relating to any business of yours, loss of profits, or loss of opportunity; or
(d) loss of data stored on the Device, or inability to access data.
Nothing in these Terms is intended to exclude or limit Google's or any Google Party's liability for: (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; (iv) any implied terms as to title which cannot be excluded or limited by law; or (v) any liability that cannot be excluded or limited by law.
If you are a consumer, nothing in this section affects your legal rights.
Governing Law and Jurisdiction
The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these Terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these Terms. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these Terms. Otherwise, all claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Santa Clara County, California, U.S.A., and you and Google consent to personal jurisdiction in those courts. Notwithstanding this, Google reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Changes to the Terms
The Terms in effect at the time you place an order for the Device will apply to such order and Device. Google reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.
Events Beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.