COLOURS / PRODUCT VISUALISATION

On the “https://honeywhale.co.nz/” website, images of products for sale are displayed as accurately as possible. However, we cannot guarantee that the colour you see will match the colour of the product, as the colour display depends, in part, on the monitor you are using or the resolution of the mobile phone equipment you are using to access the website.

RIGHTS RELATED TO IMAGE, VIDEO AND AUDIO DOWNLOADS.

You may only download content displayed on the “https://honeywhale.co.nz/” site for personal, non-commercial use, provided that you also retain all copyright, trademark and other intellectual property notices contained in the material, do not modify the material, and do not copy or post the material on any networked computer or broadcast the material in any media. You may not modify, transmit, distribute, reuse, repost, republish, “frame” or use the content of the “https://honeywhale.co.nz/” website including text, images, audio or video for public or commercial purposes without the written permission of HONEY WHALE. Downloading images of products from this site for sale is strictly prohibited.

INTELLECTUAL PROPERTY RIGHTS

All content comprising and appearing on the “https://honeywhale.co.nz/” site, including information, data, software, photographs, graphics, video, typography and other material (collectively, “Content”), is protected by copyright, trademark, patent or other intellectual property rights, and such rights are valid, in force and protected in all formats, media and technologies now existing or hereafter developed. All content is protected by copyright as a joint work under NZ copyright law. HONEY WHALE, owns the copyright, with respect to the selection, coordination, arrangement, arrangement, updating and use of all content.

PERFORMANCE OF THE PRODUCTS

CONDITIONS OF PURCHASE OF THE PRODUCTS

Consumers may only purchase products that are available for sale and whose details appear in the online shop of the website “https://honeywhale.co.nz/” products whose delivery can be made within the territory of the New Zealand by the company HONEY WHALE, or through a courier company with which it has a business relationship. The disposal for commercial purposes of products purchased outside authorised channels may constitute a criminal offence.

Details of the products available for purchase, including their corresponding price, are specified on the online shop of the website “https://honeywhale.co.nz/”, HONEY WHALE, will take all necessary steps to ensure that all details, descriptions and prices of the products appearing on the online shop of the website “https://honeywhale.co.nz/” and these are correct.

To make a purchase you will need to log on to the HONEY WHALE online shop at the website “https://honeywhale.co. nz/”, you must first register on the website and log in by filling out the appropriate form, which will require some personal information, including an email address to contact the consumer during the purchase process, it is important that the information associated with your account is accurate and up to date (especially your email address); if you ever forget your password, a valid email address is often the only method to allow us to verify your identity and help you regain access), once this is done and you are logged in, you will be able to select the product(s) you wish to purchase, which will be included in the shopping cart/basket. Upon completion of the product selection, the consumer must press the “checkout” button to access the order summary page where he/she can identify price, description and quantity of the selected products or correct or modify his/her order.

If you create an account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account and you must immediately notify Customer Service so that they can channel the problem to our Support Team of any suspected loss, theft or unauthorised use of your account or account password. We are not responsible for any loss arising from the unauthorised use of your username and password.

At the end of the order summary page, the consumer must press the “Proceed to checkout” button in order to make the payment of the selected product(s) and HONEY WHALE, can process the purchase and sale of your order, which can be done through the payment systems described in the “Payment Methods” section of the modalities.

Once the consumer completes this procedure, HONEY WHALE, will notify the consumer via email or telephone, the confirmation of the order of the products.

METHODS OF PAYMENT

The consumer may pay with the bank card of his choice, which can be credit or debit card Visa, MasterCard, American Express, PayPal. Your bank card will be charged when the purchase of the products has been authorised by both the bank issuing the plastic and the processing company

Payment by credit and/or debit card is totally secure. The entire transaction is encrypted through a bank validation server using the SSL (Secure Socket Layer) encryption protocol, so that your credit card number and expiry date are instantly encrypted on your computer before being sent to the SSL protocol.

With regard to authorised banking institutions, when paying through our provider called “payment market”, the consumer must follow the instructions that appear at the time of payment.

For cash payments, the consumer must select the link to the convenience store of their choice at the time of payment and follow the instructions on the respective pages.

In any purchase of any of our products is made fiscal invoice, so the consumer must request it at the time of making the purchase procedure. For this purpose, you must provide your complete and correct billing information. Once the invoice has been issued, there will be no re-invoicing. HONEY WHALE, is obliged to issue the corresponding fiscal invoice according to the fiscal requirements established in the current law.

INVOICE

The consumer will be able to generate his invoice until he receives the product and under no circumstances before. Providing the following data for the purposes of the same.

– Company name
– Type of payment (In case of payment by credit or debit card, specify if it was credit or debit)
– Mailing address
– address (Optional)

Invoice will only be generated for the current month.

PAYMENT TRANSACTION AND ORDER RESERVATION
In cases where the consumer has made the payment by credit or debit card, HONEY WHALE, will ask the processing company of such card, the authorization to charge the total amount of your purchase, which is indicated on the order summary page. If the consumer’s credit or debit card is not authorised, the purchase cannot be made.

In addition, the consumer may choose to pay for their purchase by bank transfer or bank deposit to the account:

The consumer acknowledges and agrees to pay HONEY WHALE, the total amount of the products.

The authorization process for payment by credit card, debit card or bank transfer may be carried out within a period not exceeding 2 (two) working days, counted from the date on which the consumer provides the details of your credit or debit card, or make a cash payment directly at the branch.

In order to ensure the sale to the consumer, HONEY WHALE will reserve the product(s) purchased by the consumer in its inventory for a period of 3 (three) working days. Once the aforementioned period has elapsed and in the event that the purchase and sale of products has not been completed through payment, the products will no longer be reserved and will be available again in the online shop so that another consumer can purchase them.

In the event that the reservation of products could not be made, the consumer will receive an email notification within a maximum period of 48 (forty-eight) hours, from the date on which HONEY WHALE, has received the details of your bank card or cash payment, informing which of the products could not be reserved.

PAYMENT TRANSACTION AND ORDER BOOKING

In cases where the consumer has made the payment by credit or debit card, HONEY WHALE will ask the credit or debit card processing company for authorisation to charge the full amount of the purchase, which is indicated on the order summary page. If the consumer’s credit or debit card is not authorised, the purchase cannot be made.

In addition, the consumer may choose to pay for their purchase by bank transfer or bank deposit to the account:

The consumer acknowledges and agrees to pay HONEY WHALE, the total amount of the products.

The authorization process for payment by credit card, debit card or bank transfer may be carried out within a period not exceeding 2 (two) working days, counted from the date on which the consumer provides the details of your credit or debit card, or make a cash payment directly at the branch.

In order to ensure the sale to the consumer, HONEY WHALE will reserve the product(s) purchased by the consumer in its inventory for a period of 3 (three) working days. Once the aforementioned period has elapsed and in the event that the purchase and sale of products has not been completed through payment, the products will no longer be reserved and will be available again in the online shop so that another consumer can purchase them.

In the event that the reservation of products could not be made, the consumer will receive an email notification within a maximum period of 48 (forty-eight) hours, from the date on which HONEY WHALE, has received the details of your bank card or cash payment, informing which of the products could not be reserved.

PRODUCT DELIVERY

• HONEY WHALE will deliver the order to the address indicated by the consumer, which must be within the New Zealand.
  All deliveries will be accompanied by an acknowledgement of receipt. Delivery times will be calculated based on the product purchased, from the time the consumer receives the email confirmation of your order and agreed on the day of delivery.

  In the event that the consumer does not receive the delivery of his order within the period mentioned in the previous paragraph, he should contact the Customer Service area by calling 09-2223398, in order to verify the status of his order, for which he will be asked to provide the order number of his order so that the Customer Service area will notify him via email or telephone of the status of the delivery. The notification regarding the status of your order will be made within a period not exceeding 2 working days from the time the consumer contacted us to check the status of your order.

  In the event that there is a delay and this is due to unforeseen circumstances or force majeure, HONEY WHALE or the courier company responsible for delivery, report such situation to the customer so that he/she is aware of the unforeseen circumstances or force majeure that makes it impossible to fulfill the delivery, in order to schedule a new delivery.

  In cases where the consumer could not be located at the address provided, the data provided by the consumer have not been correct, the courier company is not allowed access, or others attributable to the consumer, it will be considered as undelivered, which will be communicated to the consumer via email, for a period of 48 (forty-eight) hours until the consumer requests a new delivery date, which may generate an additional charge for shipping costs.

  In the event that the order must be picked up at any branch of HONEY WHALE, the conditions and requirements that the consumer must meet are as follows: (a) show the original of your valid official photo ID (voter identification card issued by the National Electoral Institute, professional card or passport); (b) provide the invoice or order number issued by HONEY WHALE and, (c) prove to be the holder / recipient of the purchase.

  In the event that the recipient of the order is NOT present to pick up the order, a power of attorney must be presented in original with a copy of the current official identification (voter’s credential issued by the National Electoral Institute, professional card or passport) of the consumer, as well as a copy of the current official identification (voter’s credential issued by the National Electoral Institute, professional card or passport) of the person to whom the power of attorney is granted.

  In cases where the consumer requires to change the address where the delivery will be made, you must call the Customer Service telephone number with an advisor for, if you do not follow the procedure that will be indicated through the Customer Service, the change of address will not be authorized.

  HONEY WHALE will ship all orders generated on its website www.honeywhale.co.nz ASAP, once the purchase has been processed and authorized.
  The final delivery time of the purchase may vary, depending on the geographical area, region or type of logistics.
  The courier will only make 2 delivery attempts at the defined address, if the owner or person receiving the goods is not present, the agent must leave a visit notice and a contact number at the address to reschedule the delivery.
  The delivery of the goods will only be made “door to door” which means that the transfer of the goods to subsequent floors is not agreed in the service and therefore this may have an additional cost.
  Once the goods have been dispatched to the logistics partner, the logistics partner is responsible for managing the delivery of the goods.

  No cancellations or refunds will be made once the package is with the logistics partner.
  The package must be delivered by the courier without alterations in its integrity or visible blows, if this happens, please do not receive it and report it immediately to our customer service area at 09-2223398.

• RETURNS

• If you change your mind after making a purchase, or realise you have purchased the incorrect item, you can enjoy the peace of mind that we offer a 7 day exchange policy (exclude special offer or on sale products). If there is not a suitable product that can be exchanged for your returned item you will be offered a credit on your account or gift card based on the value paid at the time of purchase. If you cancel the order during the item transiting, restock fee 25% of purchase amount will be charged, and shipping fee will not be refund. Please note, items purchased on finance cannot be exchanged for a gift card. To exchange a product, goods must be sealed / unopened/ unused, with packaging in original condition, and we will need to be notified within 7 days of purchase / delivery. Special order items are excluded and cannot be returned / exchanged if you change your mind/purchase the wrong product by mistake or not fit your purpose .ONCE PAYMENT MADE, NO MATTER ITEM SHIP OR NOT, 5% PAYMENT FEE WILL BE CHARGED AND NO REFUND. Testing fees and return freight: If you return a product to us that is faulty or not faulty, you are liable for a testing fee and freight charges to return the product to you.

  Restocking fees: Return, Refund, Cancel or Exchange products will be charged a handling fee equal to at least 25% of the purchased price. Shipping fee non-refundable. Delivery, service and assembly fees are not refunded at all.(Free shipping item apply $150 shipping fee)

  Incorrectly supplied products
  If you have been accidentally supplied the wrong product, Honey Whale 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.

   

  Products damaged in transit
  If your product has been damaged during transit to your delivery address we will replace your product (if 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, unless we agree otherwise, you must notify us within 24 hours of delivery in order to be eligible for a replacement, credit or refund.

  Products that are faulty upon arrival / first use or otherwise
  If the product you received is faulty upon arrival or where the Consumer Guarantees Act applies, the products do not comply with the guarantees under that Act, we will either repair or replace your product, or issue a credit / refund. Without limiting any rights you have under the Consumer Guarantees Act, in order to repair, replace or issue a credit / refund for your faulty product, it will need to be returned to us so we can test and confirm that it is faulty. If the Consumer Guarantees Act applies, we will meet our obligations under that Act, Otherwise, if the Consumer Guarantees Act does not apply, all returns of this nature must be made within 14 days of purchase / delivery.

  Express warranty – Products that are faulty within the warranty period
  Without limiting any rights you have under the Consumer Guarantees Act, if your product is faulty or has stopped working as intended and is still within the warranty period specified when you purchased your product, Honey Whale will repair or replace your product or issue a credit / refund where a suitable replacement is not available. In order to repair, replace or issue a credit / refund for your faulty product, it will need to be returned to us so we can test and confirm that it is faulty. You may also be able to contact the manufacturer directly to arrange a repair / replacement. Returns of this nature can be made any time within the warranty period and it is your responsibility to cover any costs of returning the product to us (NB there is no specific warranty period under the Consumer Guarantees Act).

  Testing fees and return freight: If you return a product to us that is fault or not faulty, you may be liable for a testing fee and freight charges to return the product to you. 

  Restocking fees: In some special circumstances including when products are sold to wholesale customers, we may agree (at our discretion) to accept a return of a product that is not faulty. In these situations there will be a handling fee equal to at least 20% of the purchased price. Delivery, service and assembly fees are not refunded at all. Free shipping item also will be charged 20% of the purchased price as handling fee.

  Bonus products and gift with purchase
  Any bonus or free products offered as part of a promotion (including gifts with purchase) must be returned with the primary product as part of any warranty claim on the primary product that the bonus items were offered with if the claim will result in the primary product being refunded or a credit note offered. In addition, where bonus or free products offered as part of a promotion including gifts with purchase are subject to a warranty claim and cannot be repaired or replaced, the customer must return all bonus products along with the primary product the bonus products were offered with before a refund or credit note of the primary product will be issued. Where the bonus product is a gift card, the unused gift card must be returned with the primary product before a full refund will be offered. Where the gift card has been used, in whole or in part, Honey Whale will deduct the amount that has been used from the refund of the purchase price. For the sake of clarity, Honey Whale notes that it does not require the return of the gift card for a repair or replacement of the primary product.

  Without limiting any rights you have under the Consumer Guarantees Act:

  • faulty goods will be subject to the normal return procedures for the specific brand being returned.
  • freight charges will not be credited.

   

  If you purchased online, we will arrange for collection of your incorrectly supplied/damaged goods. This will be at our cost where such charges are our responsibility under the Consumer Guarantees Act, Otherwise, you will be liable for all delivery and insurance charges incurred in respect of returned goods.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand, without reference to its conflict of law provisions.

PRIVACY

HONEY WHALE, will collect personal data from consumers at the time of making the purchase process, to verify the use and treatment of the same, the consumer may consult the Privacy Notice and Privacy Policy at the following email address  help@honeywhale.co.nz.

Subject to the provisions of the HONEY WHALE Privacy Policy, any communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential. Anything you transmit, share or post becomes the property of HONEY WHALE, or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, HONEY WHALE, is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this site for any purpose whatsoever, including, but not limited to, developing, manufacturing, repairing, remanufacturing, billing and marketing products using such information.

Acceptance

By placing the order for goods through Honey Whale Ltd you are deemed to accept the terms and conditions of sale. consumer acknowledged our product including lithium battery its dangerous goods, any operation of the item that might caused fire and unexpected events. Honey Whale shall not be liable for any loss.

consumer shall be liable for any injury that occurred during riding no battery what caused it. It is the consumer’s responsibility to maintain the product to make sure the item is in a safe condition for riding such as ensuring screws are tightened up. Honey Whale Shall not be liable for any product issue or faulty caused injury.

Placing Orders

Orders submitted by you on the Honey Whale website are an offer to purchase the goods at the specified price plus any delivery charges specified at the time of submission. When placing orders for multiple items we will, where possible, dispatch all goods as one parcel. In some cases orders may come from multiple locations or be too large to be packaged together. In these cases you will receive multiple parcels and tracking numbers.Pre-Order purchases will be accepted at the time of purchase and completed subject to supplier availability and your position in the waitlist.We may decline to accept payment from you for the following reasons. If this occurs we reserve the right to cancel your order or request you provide additional information to verify you are the card holder. Where our fraud detection systems detect possible irregularities. Where your financial institution has declined payment. Where your payment card has expired.

Cancelation of Orders

Honey Whale reserves the right to cancel an order at any time before delivery has been completed/delivered for any of the following reasons;Goods ordered were subject to an error on our website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted.A regular delivery partner cannot deliver the goods to your specified address.A supplier can no longer supply the goods after promising to do so.We do not receive a reply from you within 5 business days when we have contacted you for any reason in relation to your order.

Shipping

Authority to Leave – If you select this option at checkout you accept all liability for this parcel if it is lost or stolen, as your parcel will no longer require a signature.Our delivery partners will only leave the item if they deem it to be safe to do so. In cases where it is not deemed safe they will leave an attempted delivery card.In rare cases we may need to charge additional delivery fees where it is not possible to use our regular door to door courier service. In this instance you will be contacted with the option to pay for the additional freight via an invoice. If you decline to accept the additional charge we will cancel the order and refund all funds to your original purchase method.

Refunds

Refund items must be in new condition and unopened. This includes all the original packaging. Refunds will only be processed back to the original payment method.Refunds will be processed within 2 business days of receiving the return to our warehouse. Funds may take up to 5 business days to clear after processing depending on the payment method and the financial institution. Once payment made, no matter item ship out or not, will be charge for restocking fee 20% of payment amount and 5% of payment succeed fees. Once payment successfully, 5% of payment amount would not be refund. (single battery product once sold, no return or refund)

Sales

Discounts only applies to full price items, excludes Clearance, excludes gift cards and workshop labor, and is reserved for Honey Whale members only. Offers are valid in-store and online for the period laid out in each promotion’s terms and conditions, specified on the Special Offer page. Discount applies to products that are in stock only. Discount does not apply to pre-orders. Discount is not valid or combinable with other offers.Discounts cannot be applied retrospectively i.e. if an item is purchased prior to or after the duration of a sale.Staff are not pre-informed of items in promotional sales.

Giveaways

Giveaways are open to New Zealand residents only, who are 16 years of age or older at the time of their entry.If one of the giveaway products is unavailable by the end of the competition, Honey Whale will replace it with a similar product of the same value or less.If a selected winner doesn’t reply to our emails in two weeks (10 business days) after we contacted them, another winner will be drawn.

Best Price Guarantee

If you find a cheaper price, we will beat it by 5%. This applies to any product that meets the criteria below.

5% Best Price Guarantee is exclusively available to Honey Whale members and who have paid the $5 club joining fee. If you aren’t a  member, you must join in order to receive the best price guarantee. The $5 Honey Whale membership fee will be included when beating the competitor price.Applies to advertised prices in New Zealand dollars from domestic retailers, in store and online.Applies to competitor’s final price inclusive of any taxes and delivery fees.Products must be exact-match products that are new, factory sealed, and subject to manufacturer’s warranty in New ZealandProducts must be stocked items only, available for immediate shipment.Excludes all Garmin products.Excludes prices from overseas websites and retailers.Excludes products that are part of stock liquidations, advertising errors or misprints, commercial quantities, bonus offers, coupons, discount codes, vouchers, or cash back offers. Excludes products and pricing on marketplaces like Trade Me, eBay, Gumtree, Facebook, and Amazon.Excludes any grey imports that don’t include a New Zealand manufacturer’s warranty. Excludes non-shippable products from competitors that are over 100kms from Albany Mall.The terms and conditions of our “5% Best Price Guarantee” are subject to change without notice.

No liability

Except where provided in the Consumer Guarantees Act, we shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.

Except where the Consumer Guarantees Act applies, should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on Honey Whale for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.

If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our reasonable control, then we are released from our obligations under this agreement.

Honey Whale has no responsibility or liability for any unauthorized operation including disassembling, assembling, repairing,  part replacement, or modification caused by any loss of fire. (unauthorized operation means the job NOT done by Honey Whale Technician, unauthorized operation includes job done by the consumer with tech authorization). Honey Whale has no responsibility if consumer using non-original charger caused any issues.

consumer shall be liable for any injury that occurred during riding no battery what caused it. It is the consumer’s responsibility to maintain the product to make sure the item is in a safe condition for riding such as ensuring screws are tightened up. Honey Whale Shall not be liable for any product issue or faulty caused injury.