Important: We get over a hundred e-mails a day! Be sure to send us all your information and any order numbers (Identification Number) as well as use a clearly written subject line. Under some circumstances or at holiday times we are inundated with calls & emails. We may not be able to get back to you but we will try our best to reply to you as soon as possible. Please accept our apologize with any inconvenience caused.

1 Customer Terms
2 Our commitments to you
3 Your responsibilities
4 Privacy Policy
5 Purchase of our Products or Services
6 Orders
7 Refusal of Transaction
8 Pricing for Products & Services
9 Payments for our Products & Services
10 Freight & Delivery
11 Refund Policy
12 Ending our Agreement
13 Warranty for Products & Services
14 Liability Disclaimers
15 Our rights to be compensated from you
16 Intellectual Property Rights
17 Changes to our Customer Terms
18 Peace of Mind Guarantee
19 Dispute

1 Customer Terms 　　top

The Buy Low Mobiles Limited (“ Buy Low Mobile Phones ”) & JNC Limited (“ Buy Low Mobile Phone Repairs ”) Customer Terms (" Customer Terms ") apply to all of the goods, products or services of Buy Low Mobiles Limited & JNC Limited (referred to as "Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs", we ", " us " or " our ") provides, including the buylowmobiles.co.nz website, and anything else we do (together, our " Services "). We may update the Customer Terms from time to time including the term with respect to Services. The customer will be bound by the terms and conditions as at the date of any update of the terms and conditions.

2 Our commitments to you 　　top

Generally

Whenever we provide Services or in connection with your Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs account(s) or any additional user account which is established under your Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs account ("Account"), we will:

•  provide them with reasonable care and skill

•  provide the Services within a reasonable timeframe

•  make all reasonable attempts to ensure our Services do everything we say they will, but we do not represent or guarantee they will be:

•  interruption or fault free, or that any faults or errors will be corrected

•  available at any particular time or location

•  available, or available without change, for any minimum period of time

•  secure or private

•  free of viruses or other harmful features

What we are not responsible for;

We are not responsible for:

•  in your or another party's equipment, products or services or in any part of the mobile network used to provide the Services to you which is not provided by us

•  because you use the Service incorrectly, or in contravention of any term of these Customers Terms or any Separate Terms

•  because of any other event outside the scope of our responsibilities as set out in these Customer Terms or any Separate Terms or beyond our reasonable control

You agree to contact the supplier, licensor or manufacturer, rather than us, about any problem you may have with them or their equipment, products or services.

3 Your responsibilities 　　top

Generally

You must:

•  use the Services for your own personal, non commercial use or, if you are a business customer, for your own internal business purposes

•  ensure that all information you give us is current, correct, complete and provided in a timely fashion

•  comply with all separate terms applying to your use of our Services and/or Products

•  comply with all applicable laws, regulations, standards and codes including, but not limited to, the Privacy Act 1993, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Crimes Act 1961

•  make sure everyone who uses the Services we provide to you or under your Account is also aware of and meets, the terms and conditions as laid down

•  be responsible and liable for any use by any other person (authorised or unauthorised) of the Services we provide to you or under your Account, including any charges associated with that use and any consequences if such person misuses the Services, breaches these Customer Terms or any Separate Terms

Identification codes and your Account, password and security

We may allocate a personal identifier to you to use depending on the kinds of Services you want. We may change any personal identifier, for example, by allocating you a new login or password. We will try to notify you of such a change beforehand.

You are entirely responsible for maintaining the confidentiality of your billing account number and any user name, login, password and other identifier used by or allocated to you in connection with your Account (together, your " personal identifier "). You are also entirely responsible for any and all activities that occur under your Account, Services or through the use of your personal identifier/s.

We are entitled to rely on your personal identifier as conclusive evidence of your identity and authority without further investigation.

You agree to change your password at regular intervals, and at any time upon request by us. You also agree to notify us immediately of any actual or suspected unauthorised use of your Account or personal identifier or other breach of security. However, notice provided by you under this clause does not release you from your responsibilities under these Customer Terms and the Separate Terms.

We will not be liable for any loss that you may incur as a result of someone else using your Account or any personal identifier. However, you could be held liable for losses incurred by Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs or another party due to someone else using your Account or any personal identifier.

We retain ownership of all personal identifiers used by or allocated to you, and all rights in them.

4 Privacy Policy 　　top

Buy Low Mobiles Limited & JNC Limited is committed to protecting our customers' privacy. Buy Low Mobiles Limited & JNC Limited's policy governs data collection and Internet users visiting buylowmobiles.co.nz website, and for all customers who use any goods, products or services that we provide. Your use of our Website and/or Services shows your unconditional consent to our collection, use and disclosure of personal information in the manner set out below.

•  Visitors

If you are just visiting and reading information from our Website, then we collect and store information about your visit:

•  the date and time of your visit

•  your email address if you have provided it

We keep a track of how many visitors we get and also the pages they access in order to see which products and services are most popular, for example, measuring the effectiveness of advertising.

We do not sell information which identifies you personally.

•  Customers

Your use of the Services involves the collection by us of personal information about you, such as your name, address, phone number or email address. We may also collect other information like your age, gender and interests.

This information is used by us for the operation of the Services, to maintain quality of Services, to provide general statistics regarding use of the Services and to assist us to deliver customized content and advertising to our customers.

Where possible, information will be obtained directly from you, but otherwise it may be provided from others (with your consent), or by the systems used to provide our Services.

You may decide not to provide information to us. However, if you do not provide it, we may not be able to provide our Product or Services to you.

You may at anytime ask to see any information we store about you and we will provide it as long as we have such information and can readily retrieve it. You may also ask us at anytime to correct any information we store about you. We may charge you a fee of retrieving and providing this information. It may take up to 21 to 30 days for the information to be sent to you.

We may provide your personal information to our related company, our contractors, credit reference and debt collection agencies and selected business partners to:

•  provide our Services for you

•  send your bills and recover money you owe our company

•  keep you informed of sales and marketing activities in relation to Services available to or planned for you, from us and other people

•  exercise any lawful right we or any of our related companies, our contractors, credit reference and debt collection agencies, and selected business partners, has.

We do not disclose information in a form that could be expected to identify you, without your prior permission.

Personal information collected in relation to your use of our Services may be stored and processed in New Zealand or any other country in which we or our related companies or agencies maintain facilities, and by using our Services, you consent to any such transfer of information outside of your country.

•  Disclosure of Information

We may disclose information about you or your use of our Website and/or Services without your prior permission if we have good faith belief that such act is necessary to:

•  comply with legal process, or help maintain the law

•  protect our rights or property or those of our related companies

•  enforce our Customer Terms or Service Terms

•  act to protect the interests of our company or any of our related companies, customers and others

We do not rent, sell or lease any information about our customers or visitors to third parties

•  Third Party Websites

It may pay for you to review the privacy statements of websites you choose to link to from our Website so that you understand how other websites collect, share and use the information for your own protection. Buy Low Mobiles Limited and related companies are not responsible for the privacy statements or any other data that is displayed on other websites that are linked from our Website.

•  Changes to Policy

At any time at our own discretion, update this Policy at any time. Any changes will take effect once they have been posted to our Website. It is the responsibility of our customers and visitors to our Website to check our Policy on a regular basis for any updates or modifications. If you continue to use our Services after any changes have been posted on our Website will indicate your acceptance of those changes.

5 Purchase of our Products or Services 　　top

All items displayed on our Website are subject to availability. If any product ordered is out of stock we will notify you within 3 working hours of your order being received. We will advise you of the likely time scale of delay and keep you fully informed of the estimated delivery date. Please note no payment is taken or processed until the goods are available and ready for dispatch and delivery has been agreed with you.

6 Order 　　top

All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, you will be contacted by e-mail or phone (if you have given us details) and you will have the option either to wait until the item is available from stock or to cancel your order. All prices are inclusive of GST at the current rates and are correct at the time of entering information. However, we reserve the right to change prices without prior notice to you.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

You warrant that the user information which you are required to provide when you make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Please note that we may not be able to port/transfer telephone numbers to Goods purchased online. If you wish to keep your current telephone number, please contact 0800 Buy Low and speak to a member of our team before confirming your online purchase.

7 Refusal of Transaction 　　top

We reserve the right to withdraw any Products from our Website at any time and/or remove or edit any materials or content on our Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from our Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on our Website and lawfully enter into and form contracts on our Website you must:

•  New Zealand

Please Note:

PO Box Numbers, Hotels and Accommodation addresses are NOT ACCEPTABLE

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

8 Pricing for Products & Services 　　top

Product Pricing

•  All pricing are inc GST ( freight not included )

•  All pricing are in New Zealand currency (NZD)

•  All pricing is subject to change at anytime ( due to exchange rate )

Service Pricing

•  All pricing are inc GST ( freight not included )

•  All pricing are in New Zealand currency (NZD)

•  All pricing is subject to change at anytime

•  All customers will need to pay an Inspection Fee $25NZD inc GST

Inspection Fee covers the following:

•  Technician(s) looking at mobile phone

•  Help them investigate the faulty goods

•  To determine whether our company is able to fix faulty goods

•  Customers will be contacted prior to fixing faulty goods

•  Customers will be advised of the full cost to fixing goods prior and/or whether they would like goods to be fixed or not

9 Payments for our Products & Services　　top

Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs only accept payment by Internet Banking, Direct Bank Deposit, or Cheques.

All customers will need to make payment in full prior to dispatch of any goods or repairs.

•  Payment methods are Cheques, Internet Banking or Direct Bank Deposits

•  Dealers' will have a 7 day account, unless prior arrangements have been made

•  Dealer(s) may be subjected to credit checks

•  Franchisees' will need to make payment on the 20 th of Month

•  Dealers, Franchisees and Account Holders will be charged late penalty fee's if payments are late

•  Buy Low Mobiles Limited can provide access to finance

•  FAI Finance is our provider

•  Customer needs to be a New Zealand resident

•  Customer will need to visit one of our Retail Stores to fill out the forms

•  Customer will need to provide photo ID

•  Passport

•  New Zealand Drivers Licence

•  Government Agency Photo ID

•  Only VISA/Master Card that have Photo ID on them, etc

•  Finance approval is within 30-40 minutes

Please Note: If finance is approved this doesn't include freight

10 Freight & Delivery 　　top

Buy Low Mobiles Limited and/or Buy Low Mobile Phone Repairs are not responsible for any courier delays.

Either Company uses Courier Post; a well respected Courier Company within New Zealand .

Freight fee's as follows:

•  Within Auckland Standard $5.70NZD inc GST (depending on size of parcel)

•  Out of Auckland Standard $11.25NZD inc GST (depending on size of parcel)

•  International (Customer will need to make own arrangements)

•  Repairs (once payment has been received delivery will be within 48 hours)

•  Goods (once payment has been received delivery will be the next day if possible)

•  Franchisees and/or Dealers will be charged in accordance to size of parcel and to their account(s) & delivery within 24 hours

11 Refund Policy 　　top

Buy Low Mobiles Limited refund policy is as follows:

•  Their are no Refunds ONLY exchange of Goods

•  Customer can Exchange Goods to the same value

•  If customer is still not happy, they can get Store Credit

•  Before an exchange is made, customer will need to provide proof of purchase

•  Refund ONLY applies within 7 days of purchase

•  We do not provide refunds or compensation for any loss due to replacement of your phone

•  A refund will NOT be given if we feel that the product has been misused, damaged, modified, adapted or overload

•  We will NOT reimburse a customer for any losses to data that is stored on the mobile phone and/or sim card

•  Buy Low Mobiles Limited and/or Buy Low Mobile Phone Repairs reserve the right to charge the customer the full cost of goods if they are not returned in time or are returned in damaged and or poor condition

12 Ending our Agreement　　top

You can cancel your order at any time before you make the payment by just contact us or email us at info@Buylowmobiles.co.nz . You may not cancel your order after you make the payment and once your products have dispatch from our distribution centre. By submitting your order, you are entering a legal and binding agreement to a sale by our terms.

13 Warranty for our Products & Services　　top

Buy Low Mobiles Limited

Buy Low Mobiles gives a 3 month warranty with all products and the customer will need to provide proof of purchase. Customer will need to keep a receipt in a safe place as you will need it as proof of purchase.

Our warranty does not cover water damage, dead phones and cosmetic damage, misuse, abuse, accident, physical damage, abnormal operation, improper handling or storage, neglect, alternation, removal or repairs, and failure to follow instructions, exposure to fire, water, liquid, food.

All Mobile Phones are issued with an IMEI number from the Manufacture that is unique to the phone and all purchases of mobile phones will be issued with an IMEI number on their docket.

An IMEI number printed on customer(s) receipt is proof of purchase with our company as we store this data when we purchase mobile phones from overseas.

If a customer(s) phone is stolen they can get it blacklisted off the Vodafone Network with IMEI number. The IMEI number is within the handset or on the box that is provided at Point of Sale or customer can obtain it from the receipt that we provide them at Point of Sale.

Customer will need to provide Vodafone with proof of purchase, proof of IMEI number, police report before Vodafone can blacklist handset from their Network.

Buy Low Mobile Phone Repairs

Unless stated, Buy Low Mobile Phones gives all phones repaired a 90 days warranty. If the product is defective in materials during the warranty period and is returned at the customer's expenses to “Buy Low Mobile Phone Repair”; the product will be repaired at no charge. A proof of sale is required.

Our warranty doesn't cover water damage, dead phones and cosmetic damage. Further more it does not cover failure or defects caused by misuse, abuse, accident, physical damage, abnormal operation, improper handling or storage, neglect, alternation, removal or repairs, failure to follow instructions, exposure to fire, water, liquid, food.

This warranty does not cover customer education, instruction, installation or removal, set up adjustments, problems related to service provided by a carrier or other service provider(s).

14 Liability Disclaimers 　　top

The Consumer Guarantees Act 1993

As a residential customer you have rights under the Consumer Guarantees Act 1993 and this clause does not alter those rights. However, if you use our Services for business purposes (or have told or represent to us you will do so) then you agree that that Act does not apply to the Services we provide you.

No representations

Except to the extent specifically stated in these Customer Terms or any Separate Terms or required by law, Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs and any of the related companies and their respective officers, employees, contractors, agents and suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful features, or accuracy of information, the Services or other materials provided to you, which are provided "as is" without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement of the rights of any third party.

Disclaimer and exclusion

To the fullest extent permitted by law, you agree that Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs will not be responsible for unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of our Services or our Websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You also agree that Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs is not responsible for any content sent using, or included in, our Service or Websites by any third party.

To the fullest extent permitted by law, in no circumstances (including those circumstances set out above) will we be liable to you or any third parties for any loss of data, revenue, profits or lost business or any indirect, incidental, consequential, special, punitive or exemplary damages or losses which you may incur as a result of anything we have done or not done, or otherwise in connection with Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs , the Services, communications network generally, or your use of any of them, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of damage or loss.

Limited compensation

To the extent you incur actual and reasonable out-of-pocket expenses (of a nature not expressly excluded in the above provisions) as a direct result of us failing to meet our obligations to you we will refund those expenses to you up to a limit of the lesser of:

•  an amount equal to our average monthly charge for the affected Service or for the separately identifiable component of a Service (if only a component rather than the whole Service is affected) over the previous six month period from the date on which our failure first occurred; and

•  the maximum amount set out below in this clause 8, and

To be entitled to the remedies set out in this clause you must give us details of our failure and provide satisfactory proof of the expenses you have incurred as a result of our failure within three months of the date on which our failure first occurred.

No other remedy

You agree that this clause sets out your sole and exclusive rights and remedies against Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs , any of our related companies, our and their respective officers, employees, contractors, agents and suppliers in relation to any claims brought by you or any third party, whatever you are claiming for and however liability arises or might arise (whether out of contract, tort (including negligence), equity, breach of statutory duty or otherwise) and that none of us or any of them will be liable for any additional amounts or other forms of compensation, damages, loss, or expenses whatsoever.

Limitation

If we cannot rely upon the limitations, disclaimers and exclusions set out above, then the maximum combined amount we and any of our related companies, our and their respective officers, employees, contractors, agents and suppliers will have to pay to you and anyone else who uses Services we provide for you whether under your Account, or otherwise (together) whatever you are claiming for and however liability arises or might arise (whether out of contract, tort (including negligence), equity, breach of statutory duty or otherwise) is:

•  $5,000 for any event or for any series of related events;

•  a total of $10,000 in any twelve month period.

15 Our rights to be compensated from you 　　top

Where you do not meet your responsibilities and other obligations to us, you must pay any resulting loss of revenue and reasonable expenses we incur in collecting any money you owe us or in exercising any of our other reasonable rights. You agree to indemnify and keep indemnified us and our related companies and our and their respective officers, employees, contractors, agents and suppliers from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (including solicitor-client costs) arising out of or in any way connected to the use of the Services we provide to you or someone using your name and/or password, or under your Account or otherwise.

16 Intellectual Property Rights ( Dealers & Franchisee Only ) 　　top

We have intellectual property rights in content, software, personal identifiers and anything else we make available to you with our Services (together " Works ").

These rights include, for example, all copyright, trade mark and design rights. All title, interest and rights (including but not limited to ownership and intellectual property rights) in these Works will remain in Buy Low Mobile Phones, Buy Low Mobile Phone Repairs and/or our providers. You acknowledge such title, interest and rights and will not take any action to jeopardise, limit or interfere in any manner with Buy Low Mobile Phones, Buy Low Mobile Phone Repairs or our providers' title, interests or rights with respect to the Service, including, but not limited to, the use of Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs trade marks or trade name.

Your use of any software provided by us is governed by the terms of the end user licence agreement, if any, which accompanies or is included with, or referenced in, the software. You may not install or use any software that is accompanied by or includes a licence agreement unless you first agree to the licence agreement terms, which agreement will be deemed to be given if you use the software. For any software not accompanied by a licence agreement, Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs hereby grants to you a revocable personal, non transferable licence to use the software for viewing and otherwise using the particular service in accordance with these terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or software is expressly prohibited.

17 Changes to our Customer Terms 　　top

We may change these Customer Terms by changing or removing existing terms, or by adding new ones. Changes may take the form of completely new terms.

We must always tell you about any changes to these Customer Terms at least 30 days before they come into effect. We will never change this requirement.

We will tell you about any changes by publishing the change on our Website or by emailing or writing to you or by putting a notice in major daily newspapers.

A copy of our current terms is displayed on our Website and in our Retail Stores. It is your responsibility to check these Customer Terms regularly (at least monthly) for any modifications or updates. You will be deemed to have accepted the changes to these Customer Terms and to have agreed to be bound by the revised Customer Terms if you continue to use and/or access the Services after the date that the changes are stated to be effective.

We reserve the right to change any charges or Services, or any Separate Terms, at any time without notice. It is your responsibility to check all applicable Separate Terms regularly for any modifications or updates.

18 Peace of Mind Guarantee 　　top

We are so confident you will be totally satisfied and happy with our services and products we give a 100% Peace of Mind Guarantee. If you not happy with our product(s) or services please feel free to contact us and we will be more them happy to assist you or exchange product and provide a more adequate service.

19 Dispute　　top

Where any dispute arises between us you and Buy Low Mobile Phones and/or Buy Low Mobile Phone Repairs will first attempt to resolve it by reasonable consultation. Where appropriate, we will escalate any dispute to the relevant manager to investigate the dispute. In the event of a dispute you will continue to pay for our Services until dispute is settled.