OVERVIEW
These Terms of Service explain the obligations of Darbi Accessories Ltd trading as Cardo Systems (referred to in these terms as “we”, “us” or “our”) and your obligations as a visitor or user (“you” or “your”) of cardosystems.co.nz (“site”). Please ensure that you have read them carefully. By continuing to use this site and/or by purchasing a product from this site, you demonstrate that you have read, understood, and agree to be bound by these Terms of Service. Please note that we may change these Terms of Service at any time and without notice, and which take effect upon posting on this site. If you do not agree to these terms, please do not use or access cardosystems.co.nz

This site is hosted by Shopify Inc. They provide us with the online eCommerce platform that allows us to advertise and sell our products, promotions, and services to you.


GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to cancel orders, terminate accounts, and remove or edit content at our sole discretion. Any orders that are paid for and are then cancelled by us, will be refunded in full.

Please ensure you do not knowingly transmit any material that may contain a virus or other harmful component. Only individuals who can make legally binding contracts may purchase goods and services, or enter promotions, from this site. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of this site, nor can we guarantee that we will give notice of any illegal or inappropriate use of this site.


PRICING
All prices shown on this site are listed in New Zealand dollars (NZ$) and are inclusive of GST. All prices are correct at the time of publication however, we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.


SECURITY
You understand that your content (not including credit card information), may be transferred unencrypted and involve: a) transmissions over various networks; and b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. By using our secure online credit card facility, you can be confident that all of your details are protected by the latest security mechanisms and are used only for the purpose of the transaction fulfilment.


COPYRIGHT
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site, including the site design, images, logos, and text, as well as any copyrights and/or trademarks that are owned by us or our content suppliers. Any unauthorised use of any of our intellectual property, without express written permission, is strictly forbidden.


INTELLECTUAL PROPERTY RIGHTS
Patent Rights: United States and worldwide patent pending.

Trademarks: Cardo trademark(s) may only be used with the permission of the Company. “Cardo”, “Cardo Systems, Inc.”, “Cardo Systems, Ltd.”, “scala rider®”, and all of its suffixes, unique features and functions, including but not limited to “Solo”, “PACKTALK”, “SMARTPACK”, “FREECOM”, “SMARTH”, “PACKTALK Bold”, “PACKTALK Slim”, “SHO-1”, “DMC”, “Dynamic Meshwork Communication”, “Click-To-Link®”, and certain corporate taglines including “wireless is more“, “communication in motion”, “Cardo Community®” are all exclusive trademarks of Cardo. Bluetooth® is a trademark owned by Bluetooth SIG, Inc. iPhone® is a trademark of Apple® Inc. Other trademarks are owned by their respective owners.


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We and our content suppliers attempt be as accurate as possible in describing the products detailed on this site. However, we cannot guarantee that product descriptions, images, pricing, promotions, offers, product shipping charges, transit times and availability, or any other content on this site is accurate, reliable, complete, current, or error-free. The content on this site is provided for general information only and should not be used as a substitution for professional advice or be relied upon for safety purposes. If a product offered by us is not as described, your sole remedy is to return it, unused and in original packaging, for a refund of the purchase price. The cost to courier this return to us will be at your expense. For more details, please review our Returns & Refund Policy.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


ORDERS
By placing an order on this site, you agree to, and accept, these terms and price specified on this site. This specified price may include additional delivery and other applicable charges. This offer may be accepted or rejected by us for any reason, including the unavailability of any product, an error in the price or the product description posted on this site, or an error in your order. Your contract with us will only come into existence when you have fully paid for your order, and we provide confirmation that your order has been accepted. Confirmation will be sent via email to your elected email address.


ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on this site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


RISK
We will retain ownership of any products ordered until you have made payment in full for those products, but all risk in the products will pass to you on dispatch from us, or any retail store or supplier which is supplying your order.


LOSS OR DAMAGE IN TRANSIT
We will take every care in packing and dispatching your purchase, but we are not responsible to the buyer, or any person claiming through the buyer, for any loss or damage to goods or products caused by any event of any kind by any person, whether or not we are legally responsible for the person who caused or contributed to that loss. We are not responsible for any loss of items that are wrongfully signed for and accepted by a third party.


DELIVERY
Delivery times given on this site are indicative only. Your order will be dispatched from our warehouse at the earliest convenience, provided we have the items to fulfil your order, in stock. We will not be liable for any failure to observe stated delivery times but will try and contact you by phone or email if any late deliveries are anticipated. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from this site once that commitment has been made, for any reason, including without limitation, due to any delay in delivery.

If, however, the delivery has not happened after 30 days from the indicative delivery date, you, the purchaser, may elect to treat the failure to deliver as a terminating contractual event. In such an event we will refund any payment made to it in respect of that particular order.

If we are unable to source the product you require, we will contact you, the purchaser, and inform you of the general date of availability. If you, the purchaser, are unhappy with that, we will provide a refund of the money paid for that order.


CLEARANCE PRODUCTS
Clearance pricing is valid for the clearance period or while stocks last. RRPs quoted are our original Recommended Retail Prices. Colours, sizes and availability may vary between products. There are no returns for clearance products, however if there is any defect in the product on receipt, once opened, then it may be returned to us for exchange or a refund at that time. For more details, please review our Returns & Refund Policy.


TERMINATION
Your ability to purchase products and services from this site may be terminated at any time by us without notice. All disclaimers and limitations of liability by us will survive termination. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. Should you object to any of these Terms of Service, including any subsequent amendments, you must immediately discontinue use of this site.


OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We shall have no liability whatsoever arising from, or relating to, your use of optional third-party tools.


THIRD-PARTY LINKS
Certain content, products and services available via our site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. We shall have no liability whatsoever arising from or relating to any third-party websites, content, products, or services of third-parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


PRODUCTS, PROMOTIONS OR SERVICES
Certain products, promotions or services may be available exclusively online through this site. These products, promotions or services may have limited quantities and are subject to return or exchange only according to our Returns & Refund Policy.

We have made every effort to display, as accurately as possible, the colours and images of our products. We cannot guarantee that your device will display product colour accurately.

We reserve the right, but are not obligated, to limit the sales of our products, promotions or services to any person, geographic region, or postal zone. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products, promotions, or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

Any offer for any product, promotion or service made on this site is void where prohibited.
We do not warrant that the quality of any products, promotions, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.


GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you products, promotional goods, or services, shall be governed by and construed in accordance with the laws of New Zealand.


YOUR PRIVACY
We comply with the Privacy Act 2020. Under this law, your rights to privacy are protected. You can browse products and general pages on this site without disclosing any personal information. Should you choose not to enter any personal information, you will be unable to purchase products, register for promotions, create a cardosystems.co.nz account, or send us queries/receive replies from us. Please refer to our Privacy Policy for more details.


CREATING A SITE ACCOUNT
By creating a cardosystems.co.nz account, you agree to provide us with your Personal Information to enable us to provide our services to you, which can include: offering products for sale, processing payments, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers, in compliance with the Unsolicited Electronic Messages Act 2007.

You agree to be responsible for all actions taken with your username, email address and password, after creating an account on this site. We do not recommend that you disclose your site password to any third-parties. If you choose to share your username, email address and password, or any other Personal Information with third-parties, you are responsible for all actions taken with this information. It is recommended you review any third-party's privacy policy, before doing so. Please refer to our Privacy Policy for more details.



DISCLAIMERS AND LIMITATIONS OF LIABILITY
You expressly agree that use of cardosystems.co.nz is at your sole risk. Neither we, nor any of our directors, employees, agents, third-party content providers, merchants, (collectively, "providers"), or the like, warrant that the use of this site will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, reliability, or currency of any information content, service, products or promotions provided through cardosystems.co.nz

We are not liable to you in contract or in tort arising out of, or in conjunction with, or relating to:
a) the performance of a product; b) any fact, matter or thing relating to a product; or c) any error in information supplied to you or a user at, or after, the date of the purchaser’s or user’s use of the product.


MODIFICATIONS TO THE SITE
We reserve the right at any time to modify or discontinue this site (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of this site.


CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

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 this site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


COMMENTS, FEEDBACK AND SUBMISSIONS
We welcome your feedback regarding this site, as well as our products, promotions, and services.
If, at our request, you send certain specific submissions (for example promotion entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: a) to maintain any comments in confidence; b) to pay compensation for any comments; or c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


CONTACT DETAILS
We aim to offer you the best range of motorcycling brands and products, and the best customer service possible. If you have any questions or problems, please contact us at:
info@cardosystems.co.nz

Cardo Systems
Phone: +643 660 9679
Email: info@cardosystems.co.nz
Address: 14 Piermark Drive, Rosedale, Auckland 0632, New Zealand

Last updated: July 2023