Disclaimer+T&C+Privacy Policy

By using this website, you agree to all the terms and conditions & statements listed but not limited to the contents herein.

This website and all information and related materials it contains, are provided “as is.”

All the information on this website is published in good faith and for general information purposes only.

Sound Nations make no representation or warranty whatsoever regarding the completeness, accuracy, “up-to-dateness”, or adequacy of, or the suitability, functionality, availability, or operation of this web site or the information or materials it contains and assumes no responsibility or liability for any errors or omissions in the content of this site.  The information contained in this site is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness and without any warranties of any kind whatsoever, express or implied.

Sound Nations specifically disclaims all warranties, express or implied, including without limitation, the warranties or merchantability, fitness for a particular purpose, and non-infringement with respect to this website and information, graphics and materials contained herein.  Sound Nations do not warrant that this site and any information or material downloaded from this site, will be uninterrupted, error-free, omission-free

By using this website, you assume the risk that the information and materials on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

Any action you take upon the information on our website is strictly at your own risk. We are not liable for any losses and damages in connection with the use of our website.

In the event that any provision of these Terms of Service is determined to be void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  We reserve the right to limit the quantities of any products or services that we offer and reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

From our website, you can visit other websites by following hyperlinks to these sites.

While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites.

Any such links are provided for your convenience only and Sound Nations makes no representations or warranties regarding the accuracy, usefulness, completeness appropriateness or any other aspect of the information located on such sites.   Sound Nations reserves the right to request removal of any link to this site.

Please also be aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control.

The user assumes all responsibility and risk for the use of this Website and the Internet generally.

We accept no liability or responsibility to any person or organisation, business, businesses as a consequence of any reliance upon the information contained in this site.

Under no circumstances, including negligence, shall anyone involved in creating or maintaining this Website be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use the Website and/or any other websites which are linked to this site.

Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the Website; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorized access.

In no case shall Sound Nations, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, business/es or licensors be liable be liable to you, or anyone else, for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), for any decision(s) made or action(s) taken in reliance upon the information contained in this site nor for any direct, indirect, incidental, special, exemplary, punitive, consequential, or other damages whatsoever (including, but not limited to, liability for loss of use, data or profits) whether in an action of contract, statute, tort, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility relating to the use of this site. In cases where some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

The owner or users assume all responsibility for death, injury and/or damages relating to the misuse, misoperation and unauthorized modifications of any product/s we offer.

Sound Nations assumes no responsibility for death, injury or damages relating from the misuse, misoperation and unauthorized modifications of any product/s we offer, even if there has been advised of the possibility of such damages.

Addendum (entirely included as part of the Terms & Conditions)

• We reserve the right to change/modify any information and related matters/materials (including pricing and etc) without notice.  We reserve the right to limit the quantities of any products or services that we offer and reserve the right to discontinue any product at any time.
• Payment must be made within 3 days after the auction is closed and please provide your correct and full delivery address. (No delivery to P.O. boxes.)
• If you need to return any faulty products for replacement, please inform us through email as soon as possible and send the product back to us within 7 days. The return shipping fee will be paid by you.  Once the returned faulty product/s is/are received, we will inspect and check the item/s to identify and clarify the issue/s and aim to have your refund processed within 3 working days of receiving.  We do not offer an exchange of  “covering the difference of payment to replace with a different product” from what you have purchased.  Please note, in some cases, faults must be approved by the manufacturer before a refund or replacement can be issued. In this case we will keep you informed.
• A re-storage-related cost of 15% of the total invoice will be charged to customers who changed their minds or any personal reasons to request an exchange or refund after purchase!
• Warranty (12 months limited warranty) is only valid to the original purchaser and is only available in New Zealand.
• All our products will be thoroughly inspected or tested before being dispatched. Once the parcel has been posted, we do not take any responsibility for any items lost or damaged during the transporting process by the freight companies.
• We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction
• We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
• Where applicable, we will do combined shipping for the products you purchased. Some of the items will be excluded from combined shipping due to size or other reasons.  Please refer to the description of each listing.
• We assume no responsibility for death, injury or damages relating from the misuse, misoperation and unauthorized modifications of any product/s we sold.  The purchasers (owner or users) assume all responsibility for death, injury and/or damages relating to the misuse, misoperation and unauthorized modifications of any product/s sold by us.
• We reserve the right of final decision on the interpretation of Terms and Conditions.

Living Innovation Ltd – dba Sound Nations – Retail Sales Terms & Conditions

(For both on-line and in-store)

Price

* All prices are in NZ$ and include GST, unless otherwise stated.
* Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery of the goods.
* Prices do not include delivery surcharges.

Payment

* All goods must be paid in full on collection, delivery, or installation. Payment must be made by cash, approved cheque or credit card, or direct credit.

Payment by cheque or direct credit shall not be deemed to have been received until honored/cleared.

* If Sound Nations (Living Innovation Limited) is required to undertake action for recovery of outstanding debts, the Customer indemnifies Sound Nations (Living Innovation Limited) against any expenses, costs or disbursements incurred for such purpose, including legal costs on a solicitor-client basis.

Quote/Special Orders

* Where a quotation is given by Sound Nations (Living Innovation Limited) for goods, unless otherwise agreed, the quotation shall be valid for 30 days from the date of issue.
* A deposit of up to 50% may be required to secure the equipment for the quotation if that quotation is accepted by the Customer. The deposit amount to be agreed and recorded with an authorised Sound Nations (Living Innovation Limited) agent at the time the quote is accepted by the Customer.
* If the goods require special ordering, you will be advised and asked to sign/authorise a “Customer Order Form”, and to provide a deposit of up to 50%.
* The deposit may be non refundable, please refer to the refunds and returns policy section.

Delivery

* Sound Nations (Living Innovation Limited) shall deliver the goods to either the postal address or the business address notified by the Customer.
* Sound Nations (Living Innovation Limited) shall deliver the goods by such carrier and in such form of transport it considers appropriate.
* If the Customer specifies the means of transport or the carrier, the Customer shall bear the additional costs (if any).
* Sound Nations (Living Innovation Limited) will not be responsible for any consequential damages arising directly or indirectly from late delivery or non-delivery.
* Risk in the goods shall pass to the Customer at the time the goods are received by the carrier to be delivered to the Customer.

Refunds and Returns

* Sound Nations (Living Innovation Limited) does not have to refund your payment if you have changed your mind, so please choose your goods carefully.
* If a Customer has made a payment in error please contact Sound Nations (Living Innovation Limited) within 2 business days. Sound Nations (Living Innovation Limited)

will investigate the claim within 5 business days of notification and refund any part of your payment which in its sole discretion if  is found to be a genuine payment error.
* The Customer shall notify Sound Nations (Living Innovation Limited) prior to returning any goods. Sound Nations (Living Innovation Limited) reserves the right to determine whether it will accept such return and on what terms.
* Goods must be returned in its original condition and unmarked packaging. Please ensure you pack them inside a satchel & do not attach anything to the outside of the original packaging. Should the packaging be marked or in unsatisfactory condition there may be a chance that you will not be refunded.
* No returned goods shall be accepted if the goods have been tampered or damaged with by the Customer or the carrier.

Warranty and Consumer Guarantees Act 1993

*. All new goods sold by Sound Nations (Living Innovation Limited) are guaranteed for 12 months against manufacturing defects (subject to the limitations, terms and conditions contained in manufacturer’s warranty) from the date of purchase. Some brands carry specific warranties for a longer period. Please check with us and confirm the length of warranty with us at the time of purchase of the goods.
* All warranties extend to the original purchaser only and are not transferable.
*. Proof of original purchase is required as a condition of warranty coverage. Please retain your original invoice.
* All warranty claims must be referred to Sound Nations (Living Innovation Limited) Customers (You) are not authorised to contact the manufacturer direct.
* These warranties do not extend to normal wear and tear or damage caused by abuse, misuse or negligence, tonal characteristics, strings, any modifications, or damage in transit. Failure to comply with the maintenance instructions will void the warranty. Sound Nations (Living Innovation Limited) will endeavor to either repair or replace the defective goods. If repair or replacement is not practicable, Sound Nations (Living Innovation Limited) will refund the purchase price. We do not offer an exchange of  “covering the difference of payment to replace with a different product” from what you have purchased.
* The Customer shall be responsible for the costs associated with delivering the goods to and from Sound Nations (Living Innovation Limited) for repair or replacement purposes.
* The Consumer Guarantees Act 1993 (Act) shall not apply where the goods are purchased for business purpose. Where the goods are purchased for non business purposes, then subject to these terms and conditions, Sound Nations (Living Innovation Limited) will comply with its obligations under the Act.

Liability

* Where the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes imply warranties or conditions or impose obligations upon Sound Nations (Living Innovation Limited) which cannot by law (or which can only to a limited extent by law) be excluded or modified, then liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
* Sound Nations (Living Innovation Limited) will not be liable for any loss or damage of any kind whatsoever arising from the supply of goods by Sound Nations (Living Innovation Limited) to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise.
* The Customer shall indemnify Sound Nations (Living Innovation Limited) against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Sound Nations (Living Innovation Limited) or otherwise, brought by any person in connection with any matter, act, omission, or error by Sound Nations (Living Innovation Limited) and its agents or employee/s.
* If contrary to the disclaimer of liability contained in these terms and conditions of trade, Sound Nations is deemed to be liable to the Customer, following and arising from the supply of goods by Sound Nations to the Customer, and such liability is limited to maximum aggregate of $500.

Limitations on Queries
Please be advised that our customer support and inquiry response services are designed to assist with queries directly related to our products, services, and transactions made with Sound Nations. We will not be able to provide support, comments, or guidance on queries related to exterior purchases—that is, purchases made through other businesses, parties, or entities outside of Sound Nations.

Customers are encouraged to contact the direct seller, provider, or relevant party for assistance with inquiries related to such exterior purchases. Sound Nations disclaims any responsibility for issues, disputes, or damages arising from transactions not made directly with us.

Third-Party Links
Our services may contain links to third-party websites or services that are not owned or controlled by Sound Nations. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Sound Nations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Privacy

* The Customer authorises Sound Nations

to collect, retain and use personal information about the Customer (including any information collected in this document) for the following purposes only:
a. Assessing the Customer’s creditworthiness;
b. Disclosing to a third party details of this application and any subsequent dealings it may have with Sound Nations (Living Innovation Limited) for the purpose of recovering amounts payable by the Customer and providing credit reference;
c. Marketing goods and services supplied by Sound Nations (Living Innovation Limited) or its selected business partners.
* Sound Nations (Living Innovation Limited) shall immediately stop sending marketing materials to the Customer should the Customer so request.
* The Customer can assess and correct any information Sound Nations (Living Innovation Limited) holds about the Customer.

Security Interest

* The Customer grants Sound Nations (Living Innovation Limited) a Security Interest in the goods supplied by Sound Nations (Living Innovation Limited) to secure payment of the purchase price of the goods and any other obligations of the Customer to Sound Nations (Living Innovation Limited) (whether under this contract or otherwise).
* The Customer shall, at its own expense, provide all reasonable assistance and information to enable Sound Nations (Living Innovation Limited) to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce Sound Nations’s (Living Innovation Limited)Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 (“PPSA”).
* The Customer agrees not to change its name until it has given Sound Nations (Living Innovation Limited) 30 business days notice in advance.
* Sound Nations (Living Innovation Limited) may apply any payment received from the Customer to all or part of the amount owing for any goods or services provided to the Customer as Sound Nations (Living Innovation Limited) sees fit, irrespective of whether that payment is intended by the Customer to be for those particular goods or services or in respect of a particular invoice.
* Until the Customer has paid all money owing to Sound Nations (Living Innovation Limited), it shall at all time ensure that the goods supplied by Sound Nations (Living Innovation Limited), while in the Customer’s possession, can be readily identified.
* The Customer waives its right to receive a copy of any financing statement, financing change statement or verification statement that is registered, issued or received at any time pursuant to these terms of trade.
* The Customer authorises Sound Nations (Living Innovation Limited) to enter any premises and repossess any goods that have not been paid for in full, but without prejudice to any other rights of Sound Nations (Living Innovation Limited). Where the goods are retained by Sound Nations (Living Innovation Limited) you waive the right to receive notice under section 120 of the PPSA and to object under section 121 of the PPSA.
* For the purposes of this clause, words and phrases shall have the meaning given to them under the PPSA.

General

* Sound Nations (Living Innovation Limited) may from time to time and in its absolute discretion amend the terms and conditions contained herein and such variation shall take immediate effect.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

* These terms and conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.

Definitions

* “Goods” includes without any limitation all musical instruments, accessories, goods, products or advice provided in relation to the instruments, hiring and sale of musical instruments, and all associated fees and charges.
* Sound Nations (Living Innovation Limited) includes references to “us” or “we” or “our”.
* Customer includes references to “you” or “your” or “yours”.

Privacy Policy

Auckland, 2013