Terms & Conditions
These Terms and Conditions explain the obligations of Darbi Accessories Ltd (referred to in these terms as “We”, “Us” or “Our”) and your obligations as a visitor or user (“You” or “Your”) of this Electronic Catalogue (“Site”). Please ensure that You have read them carefully. By logging on to this Site, You demonstrate that You have read, understood, and agree to be bound by these Terms and Conditions. Please note that We may change these at any time and without notice, and which are effective upon posting on this Site. If You do not agree to these Terms and Conditions, please do not use this Site.
DEALER INFORMATION - GENERAL POLICY
We sell only to legitimate motorcycle businesses, ie: those who are open to the public during normal business hours; serve the public in areas of motorcycle sales, service and/or parts and accessories; those who operate from appropriate trade premises; and those who are GST registered.
For full access to Our Site product range, You must commit to taking a range of Our accessories (e.g., helmets, apparel, etc). Partial access to Our Site and specific product ranges is available upon request. We reserve the right to qualify any person seeking to purchase from Us.
PRICES
We reserve the right to modify prices without notice and to charge at the prevailing price at the time of shipment. Always check Your invoice for pricing. All Our prices are quoted exclusive of GST.
SERVICE
We guarantee all orders sent to Us via this Site by 2.30pm, will be despatched the same day. If Your order does not get despatched within these criteria, We will pay the freight amount on Your order. We endeavour to despatch all orders received after 2.30pm on the same day. Freight Offers and Conditions may apply and can be found advertised under this Noticeboard tab on this Site.
BACKORDERS
All items ordered that are temporarily out of stock will be backordered and despatched automatically. Backorders over 30 days old may be reconfirmed by phone or email before We despatch. This does not apply to indent orders. If You do not want Your unsupplied items backordered, please state this on Your order.
DELIVERY
We will despatch by the most reasonable means according to the size, weight, and items of Your order, unless given specific alternative instructions. Goods leaving Our warehouses are carefully packed. Risk, including insurance responsibility, shall pass to You once goods have been collected by You or the freight carrier. All freight charges are Your responsibility, unless otherwise specified by Us. All claims for goods damaged or lost in transit must be made directly by You to the freight carrier. While no liability for goods damaged or lost in transit will be accepted by Us, details of any claim should be advised to Us.
RETURNS
All sales are final unless otherwise stated in writing. Do not return goods without prior approval, except in the case of goods incorrectly supplied. We will not pay or credit freight on returns incorrectly ordered. No credits will be issued on returned run-out items, or goods not in as-new condition and with all original packaging and tags intact. Requests to return goods must be submitted in writing within ten days from the date of supply. The original Packing Slip or Invoice number must be supplied and dated no older than 3 months.
We reserve the right to levy a restocking fee against any returns We may agree to accept. Such fees may be up to 15% and levied at Our absolute discretion.
Goods specially imported, indented, or procured on Your behalf cannot be returned except by prior written approval from Us.
Faulty goods returned to You by Your purchasing customer, will be repaired, replaced, or credited at Our discretion in accordance with the Consumer Guarantees Act 1993.
PAYMENT
All goods are supplied according to the payment terms We have agreed upon with You (normally the 20th of the month following purchase). If no terms are agreed to, the goods will be supplied on a cash before delivery basis.
The ownership of all goods sold by Us, is retained by Us until full payment is received.
WARRANTY
We offer no specific warranty on any goods sold, other than statutory requirements under New Zealand Law, or Manufacturer specified warranty (where applicable).
SITE CONTENTS AND RESOURCES
We have developed and own or have obtained the necessary rights to use and sub-license, the information, data, text, images, illustrations, sounds, and videos ("Contents") available on this Site. We aim to provide these Contents to assist You to make parts and ordering decisions concerning Your business, and to assist You to help Your customers. These Contents are protected by copyright laws and other intellectual property rights.
We grant You a non-exclusive, non-transferable license to use these Contents, solely for the purpose of parts interpretation, quote preparation, and parts ordering within Your business.
We retain all property rights, including all intellectual property rights, to these Contents. This license does not transfer ownership or intellectual property rights to You.
We may charge You a fee to use these Contents. If a fee is applicable, it will be added to Your account with Us. We will provide You with a tax invoice for the fee.
You must not duplicate, transmit, alter, delete, upload, post, distribute, license, sell, publish (including reproduction on any website or eCommerce site), any of these Contents, or create derivate works based on these Contents, without Our prior written consent.
You are responsible for supervising and controlling the use of these Contents by Your employees, agents, and subcontractors to ensure compliance with the terms of these Terms and Conditions. You must keep Your username and password secure and not provide them to unauthorised third parties. You must notify Us immediately if You believe Your username or password has been compromised.
CONFIDENTIAL INFORMATION
All Contents, including all information accessible via this Site, are considered Confidential Information.
You must not disclose any Confidential Information to any third party except as required by law or where the Confidential Information can be demonstrated to have been in the public domain at the time of disclosure, other than as a result of a breach of these Terms and Conditions.
You acknowledge that these Contents and Confidential Information are Our unique and valuable proprietary assets. We may seek appropriate equitable remedies for breaches of these Terms and Conditions, in addition to other remedies available under applicable laws.
SUSPENSION AND TERMINATION
We may suspend Your access to, and use of, this Site, Contents, and Confidential Information immediately, and without notice, if:
- You are in breach of these Terms and Conditions.
- You have breached any other agreement with Us.
- You fail to pay any amount owed to Us under any other agreement.
- You become insolvent or cease to conduct business.
On expiry or termination of these Terms and Conditions, You must remove any access to, or copies of, Our Contents and Confidential Information. We reserve the right to inspect Your premises and Your business devices, during business hours, to ensure compliance with this requirement.
Termination does not affect any rights or remedies We may have under these Terms and Conditions, or at law.
MONITORING
We reserve the right to monitor and track Your login information on this Site to ensure it is being used in accordance with these Terms and Conditions. Any usage flagged as being in breach of these Terms and Conditions and not typical of end user behaviour may result in Your access to this Site, Contents, and Confidential Information being revoked.
GENERAL PROVISOS
While We take all possible care regarding the Contents We post on this Site, We do not guarantee anything, including the accuracy, usefulness, and certainty of the information supplied. We shall not be liable for any damage caused by Your use of this Site, Contents, or Confidential Information.
Our Site, Contents, and Confidential Information are subject to change, suspension, or termination without any prior notice.
If We fail to enforce any of the terms of these Terms and Conditions, You shall not deem this to be a waiver of Our rights under these Terms and Conditions.
CONTACT
If You would like more information about these Terms and Conditions, please contact Us at:
E-mail: jasond@darbi.co.nz
Phone: +64 9 415 3565
Mail: Darbi Accessories Ltd, PO Box 303 377, North Harbour 0751, Auckland
Last updated: July 2023