Cyclone Computer Company Ltd sets forth its Terms and Conditions of Sale, which govern all Bring Your Own Device (BYOD) transactions with customers unless otherwise agreed in writing. These terms cover ordering, pricing, delivery, warranty, privacy, liability, and consumer rights to ensure clarity and protection for both parties. The following Terms and Conditions of Sale are accepted as the conditions applicable to all sales whether they appear on invoices or delivery documents. For our commercial customers and business-to-business transactions please refer to our standard terms of trade and service found at www.cyclone.co.nz.

Order acceptance and agreement: The placing of an order shall be deemed acceptance of these conditions, and The Customer hereby acknowledges that it has read and fully understands these Terms of Trade and that the transaction referred to in any Invoice issued by The Company to The Customer is evidence of a course of trading upon the Terms and Conditions of Sale.

Expectations:

At Cyclone, we encourage all buyers to thoroughly assess the value of the items they intend to purchase. Our units undergo sanitising, cleaning, testing and in some cases upgrades before being listed. Some items will exhibit minor defects such as scratches or cosmetic imperfections. The equipment is generally rated as "Fair," which is an industry standard grade for quality used technology items.

It is essential to have realistic expectations regarding the equipment you are purchasing. Remember, these items are used and have experienced normal wear and tear. Given the complexity of IT equipment, occasional challenges and failures may occur.

Cyclone is committed to minimising these issues and providing support for any problems you may encounter. Our team is dedicated to making your purchase as stress-free as possible.

Warranty Policy

Warranty Coverage: Cyclone offers a warranty for devices purchased through our platform, supported byour manufacturers. The warranty covers either a twelve-month period or a three year period depending on the option selected at the time of purchase.

The default warranty offered is a twelve month option with the option to upgrade to thirty six months. All other consumer sales include a default twelve-month warranty.

The warranties are defined as:

Warranty Definition: Covers defects in materials under ordinary consumer use for the length of warranty purchased based on months from the date of original retail purchase, including manufacturer hardware faults and power supply issues.

Warranty Services: During the warranty period, if a defect arises and you follow the instructions for returning the device, Cyclone will, at its discretion, either:

1.      Repair the device using new or refreshed parts.

2.      Replace the device with a refreshed device that is equivalent to the original device.

3.      Refund all or part of the purchase price of the device.

Limitations: The warranty applies only to hardware components of the device that are not subject to accident, misuse, neglect, fire, alteration, damage from any third-party repair, third-party parts, commercial use or other external causes.

Exclusions: The warranty does not cover:

• Damage caused by power surges or spikes, including mains power and telecommunication connections.
• Damage caused by overheating due to inadequate ventilation or a dust-free environment.
• Loss or damage due to accidental or deliberate damage, negligence, abuse, wilful act, misuse, accident, theft, sand, liquid, rust, battery leakage, flood, fire, earthquake, electrical storms or any other act of God, war or terrorism.
• Consequential loss of data of any type.

Warranty Process

To obtain warranty service, please contact Cyclone Customer Service. You will need to deliver your device in either its original packaging or in equally protective packaging to the address specified by Cyclone support.

Additional Information: This limited warranty gives you specific rights. You may have additional rights under applicable law and this limited warranty does not affect such rights.

Price, Availability and Delivery

All prices include GST and are given in New Zealand dollars unless otherwise stated.

In the event of non-availability, Cyclone reserves the right to cancel the Sale Agreement, in which case any purchase price already paid by the Customer will be refunded.

When we receive your order, it will be screened and cleared payment and availability. Once this process is complete, your order will be confirmed and processed.

For each accepted order, you will receive email communications to keep you informed of the progress. We will provide Courier Track and Trace references for your convenience.

All items are shipped directly from the suppliers or Cyclone. Unless otherwise agreed the cost of shipping will be determined by your location and the size of the item. The shipping cost will be calculated and advised at time of sale.

Cyclone is committed to minimising the environmental impact and costs of shipping.

If your product arrives damaged and/or has parts missing from a shipment, it is best to refuse delivery to the carrier attempting delivery. If you accept the delivery or short shipment, make sure the issue is noted on the carrier’s delivery record in order for Cyclone to complete any required claim. Save the goods, take photos of the original box and packing it arrived in, notify Cyclone immediately to arrange for an inspection or service case to be opened.

Failure to notify Cyclone of damaged or missing goods immediately (within 7 days) may invalidate right to return.

Web Images, Errors and Omissions

Images and photos of products are used for indicative purposes and are not a photo of the actual item being purchased.

While Cyclone makes every effort to include accurate and up-to-date information on our e-commerce and web platforms, we do not guarantee the accuracy of the content.

Cyclone strives to provide accurate descriptions of all items. However, human error can occur. In such cases, we will consider any reasonable complaints and use our discretion to make necessary adjustments.

Returns

We want you to be happy with your purchase. If you change your mind, we accept returns within 7 days of delivery. Please note that return shipping costs are your responsibility. Once we receive your item, refunds may take up to 10 business days to process.

After this period, all returns are at Cyclone’s discretion and will only be accepted for faults beyond any pre-disclosed wear and tear. Acceptance of goods for credit shall be at the sole discretion of Cyclone and the company reserves the right to charge a re-stocking fee against the original value of the returned product. This charge is for the purpose of recovering incurred costs due to administration and/or to cover any re-stocking fees imposed on Cyclone by its distribution partners.

Goods accepted for credit on return shall be returned free of all charges (freight, insurance, taxes and duties) and be accompanied by the relevant packing slip or invoice number and in the original (and undamaged) packaging and with all peripherals including power supplies.

The Customer is responsible for shipping charges on returned items. Cyclone strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.

Customer Log-in and Security

Customers agree to keep their organisational log-in IDs and passwords for any Cyclone website confidential and not share this access with any party without written permission from Cyclone. 

Extent of Liability

Cyclone will not be liable for direct, indirect, or consequential loss or damage suffered or incurred by the customer under these terms and conditions or in connection with our website or any other business and service tools, whether arising in tort, contract, or otherwise, including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

Cyclone shall not be liable to the Customer for any consequential or indirect damage or loss of any kind whatsoever.

The liability of the Company for any loss or damage or injury arising directly or indirectly from any defect in the goods or service supplied is limited to the replacement or repair of such defective goods or services under warranty or damages not exceeding the invoiced value of such defective goods.

In the event that this or other conditions are ruled to be unenforceable in any respect, the maximum liability of Cyclone will in any case not exceed an amount equal to the value of the individual service or sale agreement. The customer shall have no other remedy or recourse against either Cyclone or its partners under this agreement.

Any claim by the Customer under this clause must be made in writing and received by the Company within 90 days after delivery of the goods or services.

Consumer Guarantees Act 1993

Where the goods are acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993, the Consumer Guarantees Act applies.

If the customer has acquired the goods for the purposes of a business, then all of the guarantees and remedies in the Consumer Guarantees Act 1993 are excluded.

You can find more information about your rights under the Consumer Guarantees Act at the Ministry of Business, Innovation & Employment’s website: consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act and the Commerce Commission’s website: www.comcom.govt.nz/consumers/your-rights-as-a-consumer

If a Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer’s contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods and the customer must not give or make any undertaking assertion or representation in relation to the goods, and the Customer agrees to indemnify Cyclone against any liability or cost incurred by Cyclone under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.

Privacy Act

The Customer hereby accepts and agrees that as a Condition of Trade the Company may and is hereby authorised to seek and obtain information on its Customers from its Credit and other agencies and in the case of debtors to provide details of such to the Company’s Credit and Debt Collection Agencies.

The primary purpose for which we collect information about you is to enable us to perform our business activities and to provide the best possible customer service. We use personal information to provide you with information or advice about our existing and new products and services.

If at any stage, you no longer wish to receive any communications you may unsubscribe by using the link in any promotional email, logging into your account and changing your preferences, or contacting us sales@cyclone.co.nz

We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access or modification. If you suspect any misuse or loss of, or unauthorised access to your personal information, please let us know immediately, we will treat your requests or complaints confidentially.

Order acceptance and agreement: The placing of an order shall be deemed acceptance of these conditions, and The Customer hereby acknowledges that it has read and fully understands these Terms of Trade and that the transaction referred to in any Invoice issued by The Company to The Customer is evidence of a course of trading upon the Terms and Conditions of Sale.

Ecommerce, Product Information and Website Use

• Cyclone uses reasonable efforts to include accurate and up-to-date information on our e-commerce and web platforms. However, product images, details and available stock levels may vary at time of order.
• Cyclone automatically receives stock levels, imagery, and descriptions from distributors and manufacturers.
• Customers agree to keep any customer-specific or personal log-on IDs and passwords confidential and not share access with any party without written permission from Cyclone.

Price & Availability

• Prices include GST, are in New Zealand dollars.
• Prices are subject to external factors such as exchange rate fluctuations and stock availability. In the event of non-availability or price changes, Cyclone reserves the right to cancel the Sale Agreement or discuss alternative options, if alternative options are not suitable any purchase price already paid will be refunded.

Orders and Delivery

• Orders are processed within the same business day.
• Delivery times vary based on location and stock availability.
• Cyclone is not responsible for delays caused by couriers or external factors.

Returns Policy

Cyclone may at times offer a return policy on selected items based on manufacturer or supplier return policies.

• Without limiting any rights you have under the Consumer Guarantees Act, all goods to be returned must have a Return Authorisation issued by Cyclone.
• Change-of-mind returns are possible within seven days if the item is unopened and in original condition. Return shipping costs and a restocking fee may apply.
• The Customer is responsible for shipping charges on returned items. Cyclone strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.

Incorrectly Supplied Products

If you have accidentally been supplied the wrong product, Cyclone will supply the correct product (where it is available) or issue a credit / refund. In these circumstances, if the Consumer Guarantees Act applies to the purchase, we will meet our obligations under that Act. Otherwise, if the Consumer Guarantees Act does not apply:

To supply the correct product, the incorrect product will first need to be returned to us;

• We will need to be notified within 7 days of purchase / delivery.
• The incorrect product supplied must be in resalable / unused condition.

Damaged Products If your product arrives damaged and or has parts missing from a shipment, it is best to refuse delivery to the carrier attempting delivery. If you accept the delivery or short shipment, make sure the issue is noted on the carrier’s delivery record in order for Cyclone to complete any required claim.

Save the goods, take photos of the original box and packing it arrived in, notify Cyclone immediately to arrange for an inspection or case to be opened.

Warranty

• Devices come with a full manufacturer’s warranty.
• For full details on our warranty terms and conditions and your rights, please reference: Cyclone Online Shop - Repair Terms & Conditions

School Compatibility

• When purchasing devices for school and student use. Please confirm with your child’s school that the selected device meets BYOD requirements.

Privacy Policy ·

• Your personal information is handled in accordance with our Cyclone Online Shop - Privacy Policy. We do not share your data with third parties except as required to fulfil your order.

Limitation of Liability

• Cyclone is not liable for any indirect, incidental, or consequential damages arising from the use of our products or website. Our total liability is limited to the amount paid for the product.

Consumer Guarantees Act 1993

• If you are purchasing goods for personal, domestic, or household use, you may have rights under the Consumer Guarantees Act 1993 that cannot be excluded or limited. These terms do not limit or alter your rights under the Act (except as permitted). · More information is available at: www.consumerprotection.govt.nz
• Where goods or services are supplied for business purposes, the provisions of the Consumer Guarantees Act 1993 shall not apply (Section 42).
• Nothing in these terms is intended to contract out of the Consumer Guarantees Act 1993 except to the extent permitted, and these terms shall be modified as necessary to give effect to that intention.

Changes to Terms

• Cyclone may update these Terms and Conditions from time to time. Continued use of the website after changes are posted constitutes acceptance of the updated terms.