Terms of service
TERMS OF SERVICE
Overview
This website is operated by TOPDON NZ. Throughout the site, the terms “we”, “us” and “our” refer to TOPDON NZ.
By visiting our website, purchasing a product from us, creating an account or otherwise using our website or services, you agree to these Terms of Service and any policies referenced within them.
Please read these Terms of Service carefully before using our website. If you do not agree with these terms, you should not use the website or purchase products through it.
Our online store is hosted by Shopify, which provides the e-commerce platform that enables us to offer our products and services online.
Nothing in these Terms of Service is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded under the New Zealand Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable New Zealand law.
1. Online Store
You must use our website and products only for lawful purposes.
You must not attempt to interfere with the operation or security of our website, introduce malicious code, gain unauthorised access to our systems, or use the website in any way that violates applicable law.
We reserve the right to refuse service, suspend access to the website or cancel an order where reasonably necessary, including where we suspect fraud, misuse, pricing errors or unlawful activity.
2. Products and Information
We make reasonable efforts to ensure product descriptions, specifications, images, compatibility information and other information on our website are accurate.
Product specifications, features, software functionality and vehicle coverage may change as manufacturers release software or product updates.
Vehicle-specific diagnostic functions can vary according to vehicle make, model, year, engine, ECU configuration and software version. If you require a particular diagnostic function for a specific vehicle, we recommend contacting us before purchasing so compatibility can be checked where possible.
Product images are provided for reference and colours or minor product details may appear differently depending on your device or manufacturer revisions.
We reserve the right to update product information, specifications and availability without notice.
3. Prices and Payment
All prices displayed on TOPDON NZ are in New Zealand dollars (NZD) unless otherwise stated.
Prices displayed to New Zealand consumers include GST unless clearly stated otherwise.
We reserve the right to change prices at any time. A price change will not affect an order that we have already accepted, except where there has been an obvious pricing or system error.
Payment must be made using one of the payment methods available at checkout or another payment arrangement agreed with us.
Third-party payment providers may apply their own terms and conditions.
4. Orders
Submitting an order does not necessarily mean that we have accepted it.
We may decline or cancel an order where reasonably necessary, including if:
- a product is unavailable;
- incorrect pricing or product information has been displayed;
- payment cannot be authorised;
- we reasonably suspect fraud or unauthorised activity;
- delivery cannot reasonably be completed; or
- an order has been placed contrary to these Terms.
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled product or order.
We may contact you using the email address or telephone number supplied with your order if additional information is required.
5. Shipping and Delivery
TOPDON NZ currently supplies and ships products within New Zealand.
Shipping options, charges and estimated delivery times are shown on our website or during checkout where applicable.
Delivery estimates are provided in good faith but are not guaranteed. Once an order has entered a third-party courier network, delivery may be affected by circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate delivery address.
Please refer to our Shipping Policy for further information.
6. Returns and Refunds
Returns, exchanges and refunds are handled in accordance with our Return and Refund Policy and applicable New Zealand consumer law.
Change-of-mind returns may be subject to eligibility requirements and a restocking fee as specified in our Return and Refund Policy.
Certain products, including diagnostic equipment that has been registered, activated or linked to a software account, may not be eligible for change-of-mind returns.
These restrictions do not limit your rights where a product is faulty or where you have rights or remedies under applicable New Zealand consumer law.
7. Software, Updates and Diagnostic Products
Some products sold by TOPDON NZ include software, subscriptions, updates, online services or manufacturer accounts.
The duration and availability of included software updates varies between products and will be stated in the relevant product information where applicable.
Some diagnostic products require registration or activation before use. Once registered or activated, a product may become associated with a particular user account or device.
Manufacturer software, vehicle coverage, functions and update availability can change over time and may be controlled by the product manufacturer rather than TOPDON NZ.
Unless specifically stated otherwise, future software functions, vehicle coverage or manufacturer updates are not guaranteed.
8. Accuracy of Information
Occasionally our website may contain typographical errors, incorrect specifications, pricing errors, availability errors or other inaccuracies.
We reserve the right to correct errors and update information when identified.
If an error materially affects an order you have already placed, we will contact you where appropriate and provide available options, which may include cancelling and refunding the affected item.
Nothing in this section limits any rights you may have under New Zealand law.
9. Third-Party Services
Our website may use or provide access to third-party services, payment providers, finance providers, courier services, applications or external websites.
Those services may be governed by separate terms and privacy policies issued by the relevant provider.
We are not responsible for the content or operation of independent third-party websites or services except to the extent responsibility cannot lawfully be excluded.
10. Intellectual Property
Unless otherwise stated, the content of this website, including text, graphics, layout and original website content, may not be copied, reproduced, republished or commercially exploited without permission.
Product names, logos, trademarks, images and other material belonging to manufacturers or other third parties remain the property of their respective owners.
11. Customer Accounts and Information
If you create a customer account, you are responsible for maintaining the confidentiality of your account credentials and for providing accurate information.
You must notify us if you believe your account has been accessed or used without authorisation.
Personal information supplied through our website is handled in accordance with our Privacy Policy.
12. Prohibited Uses
You must not use our website:
- for unlawful or fraudulent purposes;
- to infringe the rights of another person or organisation;
- to distribute malicious software or harmful code;
- to attempt unauthorised access to our website or systems;
- to collect information from the website through unauthorised automated means;
- to interfere with the security or operation of the website; or
- to submit false, misleading or fraudulent information.
We may restrict access to the website where we reasonably believe these terms have been breached.
13. Liability
To the maximum extent permitted by law, TOPDON NZ will not be liable for indirect or consequential losses arising from the use of our website or products where such liability may lawfully be excluded.
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms limits any rights or remedies available to consumers under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable New Zealand legislation.
Where products are acquired for business purposes, the application of consumer legislation may differ according to the circumstances and applicable law.
14. Website Availability
We aim to keep our website available and operating correctly but cannot guarantee uninterrupted or error-free access.
We may modify, suspend or discontinue parts of the website where reasonably necessary for maintenance, security, upgrades or other operational reasons.
15. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the extent necessary without affecting the remaining provisions.
16. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes to our business, website, services or legal requirements.
The current version will be published on this website.
Your continued use of the website after changes are published constitutes acceptance of the updated terms to the extent permitted by law.
17. Governing Law
These Terms of Service are governed by and interpreted in accordance with the laws of New Zealand.
18. Contact Information
Questions about these Terms of Service can be sent to:
TOPDON NZ
Unit M, 114 Kapiti Road
Paraparaumu 5032
New Zealand
Email: sales@topdonnz.co.nz