Rekalldynamics.com Terms of Sale
1. Use of Website
1.1. References in these Terms and Conditions to “REKALL DYNAMICS”, “we” “us” or “our” are references to REKALL DYNAMICS LTD, a company incorporated in New Zealand with its registered office at Suite 2828, PO Box 8300, Johnsonville, Wellington 6037 New Zealand. References to “you”, “your” and “users” are references to users of the Website and/or Purchasers of the Product (each as defined below) from time to time, as applicable.
1.2. These Terms and Conditions govern access to and use of the following website: www.rekalldynamics.com or any subsequent URL used by REKALL DYNAMICS from time to time and set out the terms as shall apply between REKALL DYNAMICS and Purchasers in relation to the sale and purchase of Products.
1.3. No additions to or modifications of these Terms and Conditions shall be effective unless accepted by REKALL DYNAMICS in writing. REKALL DYNAMICS may modify these Terms and Conditions by posting an updated copy of them on the Website from time to time. By continuing to use the Website or purchase any Products you agree to the amended Terms and Conditions.
1.5. You will not use the Website or any Products for any purpose that is unlawful or prohibited by these Terms and Conditions.
1.6. REKALL DYNAMICS controls and operates this Website from its headquarters in New Zealand and makes no representation that the Products or the materials on the Website are appropriate or will be available for use in locations other than New Zealand.
1.7. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the material on the Website in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed materials and cease using the Website.
1.8. You must not:
1.8.1. Republish material from the Website (including republication on another website);
1.8.2. Sell, rent or sub-license material from the Website;
1.8.3. Show any material from the Website in public;
1.8.4. Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
1.8.5. Edit or otherwise modify any material on the Website other than as relates to your personal profile where expressly permitted on the Website; or
1.8.6. Redistribute material from the Website except for content specifically and expressly made available for redistribution.
1.9. Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
1.10. You shall not commit any act which causes or may cause damage or loss to our reputation or harms any trademarks or other intellectual property owned by us or an affiliate of ours and shall indemnify us for any loss or damage which may be suffered by us, or an affiliate of ours, as a result of any breach of any undertaking contained in this section.
1.11. REKALL DYNAMICS has the right to terminate your access to the Website (in whole or in part) at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions or any contract formed as anticipated by these Terms and Conditions. REKALL DYNAMICS may also at any time, at its sole discretion, discontinue the Website (or any part thereof) and/or the provision of any Products (or any part thereof) without prior notice and shall not be liable to you or any third party for any termination of your access to the Website or any Products.
2. Products and ordering/payment process
2.1. REKALL DYNAMICS provides, through the Website and subject to these Terms and Conditions, a means by which users can purchase from REKALL DYNAMICS products [manufactured by or on behalf of REKALL DYNAMICS] as described from time to time on the Website (the Products). A reference to a Product on the Website does not imply that such Product is, or will be, available to you or in your jurisdiction in whole or in part.
2.2. In order to purchase Products via the Website you must complete the ordering process as set out in this clause 2
2.3. If a user wishes to purchase a Product, it shall place an order through the Website in the manner provided. We use PayPal as our payment agent for sales of Products.
2.4. The ordering and payment steps are as follows: (a) The user places an order for Products on the Website and pays the Price for the Products at the same time through our payment agent PayPal; (b) the user receives a confirmation email from PayPal that payment of the Price for the Products has been received; (c) subject to such payment in full and subject to clause 2.6, the user receives a confirmation email from us confirming that the order is to be despatched; and (d) subject to such payment in full and subject to clause 2.6, the purchased Products are dispatched in the manner provided in these Terms and Conditions.
2.5. Each order a user places through the Website shall be deemed to be an offer by the user to purchase the Product(s) specified in the order on and subject to (1) these Terms and Conditions, (2) the terms described on or linked to the page(s) relating to the Product and (3) any additional terms and conditions as notified to the user by us.
2.6. REKALL DYNAMICS shall not be obliged to accept any or all orders issued by users. No order shall be deemed to be accepted by REKALL DYNAMICS until it issues an order confirmation email to the user as provided in clause 2.4.
2.7. Once REKALL DYNAMICS issues an order confirmation email to a user as described in clause 2.4, this forms a contract between REKALL DYNAMICS and the user (Purchaser) as regards the sale and purchase of the relevant Products on the terms as stated in such email and the terms of these Terms and Conditions as then applying (including, without limitation the terms as set out in clause 3).
2.8. Acceptance by REKALL DYNAMICS of an order by a user shall be effective in New Zealand and shall form a contract between REKALL DYNAMICS and the Purchaser in New Zealand under and subject exclusively to the laws of New Zealand for the sale and purchase of the Product.
2.9. When a Purchaser makes a purchase of Product it will be required to provide REKALL DYNAMICS and/or its payment agent PayPal with the following accurate, complete and current information: its full name, address, telephone number, e-mail address, and current credit card information (including full name, billing address, credit card number, expiry date and CVC number) for a valid credit card that the Purchaser is authorised to use.
2.10. By placing an order through the Website, if an individual, you warrant to REKALL DYNAMICS that you are not younger than the greater of the age of 18 years (Age).
2.11. By placing an order through the Website, if representing a company, you warrant to REKALL DYNAMICS that:
2.11.1. you are authorised to enter into binding legal obligations on behalf of the company; and
2.11.2. the company has the right, power and authority to execute and deliver, and to exercise its rights and perform its obligations under these Terms and Conditions and any contract formed as anticipated by these Terms and Conditions.
2.12. By placing an order or otherwise agreeing to the Terms and Conditions you authorise us or our agent to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm the facts warranted under this clause 2. You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us.
2.13. It may be an offence for persons under the Age to make use of the Website or purchase a Product. If we are unable to confirm that you are the Age then we may suspend all transactions until such time that we are able to confirm that you are the Age.
2.14. At any time without notice we reserve the right to change product specification or completely remove products or accessories from our inventory.
2.15. By making a purchase of Product, each Purchaser warrants to REKALL DYNAMICS that all information provided by it to REKALL DYNAMICS or its payment agent PayPal is true, accurate and complete and that it is authorised to use the credit card whose details were provided to facilitate payment for the purchase.
2.16. Rekall Dynamics and our agents, distributors or resale branches take no responsibility for mistakes or errors in the shipping or fulfilment process. While all care is taken to ensure the correct items are estimated and shipped to you, in the event a mistake does occur, we will take every action to correct or if necessary refund you to the total value of the initial order only.
2.18 Where quotes or estimates are given, these will be given only based on current stock that is held, the product range, pricing or any other details may change between the time the estimate is given and accepted. We will not hold or allocate stock based on a quote being issued.
3. Terms of Sale of Products
3.1. Products are pictured and described on the Website (Product Specifications). Information as to price, payment terms, and the process relating to the purchase of a Product are described on or linked to the page(s) on the Website relating to such Product. REKALL DYNAMICS shall charge and you shall pay for the Products in the manner and in the amounts as set out on www.rekalldynamics.com as may be amended from time to time (Price). All Prices are in United States dollars.
3.2. REKALL DYNAMICS reserves the right to change its prices and pricing structure, terms for Purchasers, payment terms, and the process relating to the sale and purchase of Products from time to time, and users will be provided with reasonable written notice on the Website or via email communication of any such changes.
3.3. The Price is inclusive of New Zealand goods and services tax (if any) and exclusive of all other sales tax, duties, tariffs, and other taxes levied or assessed in any jurisdiction in connection with the sale, purchase, import, export, or use of the Products.
3.4. A reference to a Product on the Website does not imply that such Product is, or will be, available to any person or in such person’s jurisdiction in whole or in part.
3.5. When a Purchaser purchases a Product from REKALL DYNAMICS under these Terms and Conditions, the following terms shall also apply:
3.5.1. The parties expressly agree that they are dealing in trade and not as consumers, and to the fullest extent permitted by law, they hereby contract out of the provisions of the Consumer Guarantees Act 1993 (NZ) and any other applicable consumer protection legislation.
3.5.2. REKALL DYNAMICS shall supply the Product in accordance with accepted orders from the Purchaser as provided in these Terms and Conditions.
3.5.3. To the fullest extent permitted by applicable law, the Product is provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall REKALL DYNAMICS be liable for any defects, discrepancies, or errors in the Product that are caused by the Purchaser's failure to use, maintain, or store the Product in accordance with the Product Specifications, instructions, or any applicable laws or regulations.
3.5.4. The Purchaser shall be solely responsible for obtaining any necessary permits, licenses, or approvals required under any applicable laws and regulations relating to the purchase, import, export, or use of the Product.
3.5.5. Title in the Product shall pass to the Purchaser upon receipt of payment in full by the Purchaser for the Product.
3.5.6. Risk in the Product shall pass to the Purchaser upon delivery to the Purchaser, and delivery to the Purchaser shall be deemed to take place when the order is picked up from us by the delivery agent to transport the Product to the Purchaser.
3.5.7. Delivery of Products will be through local or international courier or postal services (or such other equivalent delivery service as determined by REKALL DYNAMICS from time to time) to the Purchaser’s delivery address and at the Purchaser’s cost.
3.5.8. Delivery time for Products may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, REKALL DYNAMICS makes no guarantees as to actual delivery time. Delivery times for custom printed or manufactured items are generally 7 working days after dispatching our warehouse in New Zealand but may take up to 35 working days if delays with delivery or customs are encountered. Refunds for non-delivery or re-shipping will not be available until 60 working days after non-delivery of an ordered product.
3.5.9. The following terms apply wherever the Consumer Guarantees Act 1993 (NZ) does not apply to this Agreement, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993 or the sale is made outside of New Zealand.
(a) Defective Product which does not materially comply with the Product Specifications shall, at REKALL DYNAMICS’s discretion, be repaired or replaced within 14 days of purchase only.
(b) Any right which the Purchaser may have to reject any non-conforming or defective Product shall only be effective if the Purchaser notifies REKALL DYNAMICS in writing within 14 days following delivery and REKALL DYNAMICS or its agent is given the opportunity to inspect the Product and or provide replacement parts.
(c) No Product shall be returned unless REKALL DYNAMICS has agreed in advance.
(d) Under no circumstances will REKALL DYNAMICS be liable for any indirect, consequential, or special damages or losses arising from any defect, non-conformance, or failure of the Product.
3.5.10. In consideration of being permitted to purchase the Product, the Purchaser hereby personally assumes all risks associated with the use of the Product, whether such risks are foreseen or unforeseen, that may affect the Purchaser while using the Product. The Purchaser’s agreement to purchase the Product means that it affirms that it is aware that the use of the Product involves inherent risks that may result in serious injury or death.
3.5.11. If the Purchaser resells any Product before ownership of the Product has passed to the Purchaser, the proceeds of such sale shall be received and held by the Purchaser (in whatever form) in trust for both the Purchaser and REKALL DYNAMICS. REKALL DYNAMICS’s interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed the Purchaser’s indebtedness to the REKALL DYNAMICS under these Terms and Conditions or any contract formed as anticipated by these Terms and Conditions. The balance of the proceeds (if any) shall be the Purchaser’s beneficial interest under that trust.
3.5.12. All trademarks, trade names, copyrights, and other intellectual property rights and designs in relation to the Product supplied by or on behalf of the REKALL DYNAMICS shall be and remain the property of REKALL DYNAMICS, and no user (including the Purchaser) will at any time claim any right or property therein or register or cause to be registered in any part of the world any trademark, trade name, copyright, or design similar to or a colorable imitation of any trademark, trade name, copyright, or design which is the property of REKALL DYNAMICS.
3.5.13. The Purchaser may not itself manufacture any Product or engage others to manufacture any Product.
3.5.14. Without limitation to clause 6, REKALL DYNAMICS’s liability (whether in tort, contract, or otherwise) for any claim, loss, or damage arising in any way from these Terms and Conditions, any contract formed as anticipated by these Terms and Conditions, or from the Product or the use of the Product (including any liability for any claim, loss, or damage arising from any defect in the Product or for non-compliance with any express or implied warranties or conditions of sale) shall be limited to:
(a) In the case of any claim, loss, or damage relating to the Product, the replacement or repair of the Product or the supply of equivalent Product or the payment of the cost of replacing or repairing the Product or of acquiring equivalent Product; and
(b) In any other case, an amount not exceeding the total amount paid by the Purchaser to REKALL DYNAMICS for the Product.
3.5.15. REKALL DYNAMICS reserves the right to refuse or cancel orders at its sole discretion. If your order is canceled and your payment has already been processed, REKALL DYNAMICS will issue a full refund for the order amount.
3.5.16. REKALL DYNAMICS will not be liable for any failure or delay in delivery of the Product(s) resulting from any force majeure event, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
3.5.17. By placing an order, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) used in connection with any order. By providing information related to a payment method, you grant REKALL DYNAMICS the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.
3.6.1. Before installation, the Purchaser must thoroughly inspect all Products for safety and fire hazards. A qualified professional electrician must conduct the installation.
3.6.2. REKALL DYNAMICS accepts no responsibility for any damage, injury, or death resulting from the use or installation of any Products.
3.6.3. For critical applications, such as medical equipment, weapon control systems, or radiation devices, warning fixtures must be tested hourly by trained personnel knowledgeable about the specific warning fixture. Additionally, a current-sensing relay must be installed to disable the equipment if the fixture fails.
3.6.4. Products should serve as a secondary warning source and not as the primary warning source.
3.6.5. REKALL DYNAMICS supplies only the empty sign written aluminum and plexiglas enclosure. The Purchaser is responsible for all electronics, wiring, hook-ups, and other associated control gear, including installation, management, suitability determination, and frequent testing.
3.6.6. Lights and signs are sold as empty cabinets only. Some Products may have a third-party LED matrix installed before delivery, but REKALL DYNAMICS does not manufacture, warrant, test, or guarantee these third-party components.
3.6.7. When fixtures are supplied with mains voltage 110-250v, the power supplies used are third-party products. REKALL DYNAMICS does not accept responsibility for and provides no guarantees regarding the safety, lifespan, or installation procedure of these third-party products.
3.6.8. LED modules used in some fixtures provided by REKALL DYNAMICS have a rated lifespan of 50,000 hours or less before requiring replacement. Modules may fail at any time, without notice. The Purchaser is solely responsible for monitoring the lifespan, conducting hourly tests, and replacing modules when necessary.
3.6.9. If applicable, the Purchaser's equipment must support a current-sensing relay when using REKALL DYNAMICS' products to disable the machine or device if the lighting fixture fails.
3.7. REKALL DYNAMICS:
3.7.1. Warrants that Products sold to the Purchaser, as outlined in these Terms and Conditions, will comply in all material respects with the Product Specifications; and
3.7.2. Warrants that, unless the Product is produced according to specifications provided by the Purchaser, the sale of the Product to the Purchaser, as anticipated by these Terms and Conditions, will not infringe on any patent, trademark, copyright, or registered design.
3.8. The Purchaser:
3.8.1. Agrees to use each Product properly, carefully, and only for its intended purpose, following any instructions provided by REKALL DYNAMICS;
3.8.2. Will comply with all relevant statutes, regulations, and by-laws related to the sale, purchase, export, import, and use of the Products;
3.8.3. Warrants that, if a limited liability company, it is duly organized and validly existing under the laws of its country of incorporation and has the power to enter into and perform its obligations under these Terms and Conditions and any contract formed as anticipated by these Terms and Conditions;
3.8.4. Warrants that it has all necessary consents, licenses, and approvals for entering into and performing its obligations under these Terms and Conditions and any contract formed as anticipated by these Terms and Conditions;
3.8.5. Warrants that its entry into any contract formed as anticipated by these Terms and Conditions and performance of its obligations under such contract will not violate or conflict with, or exceed any limit imposed by (i) any applicable law to which it is subject; (ii) its constitutional documents/memorandum and articles of association, or (iii) any other agreement, instrument, or undertaking binding upon it; and
3.8.6. Has no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on behalf of REKALL DYNAMICS or bind REKALL DYNAMICS in any way.
3.9. REKALL DYNAMICS may, at its sole discretion, refuse to process a transaction for any reason, or refuse to supply Products to anyone at any time. REKALL DYNAMICS will not be liable to any person by reason of refusing or unwinding or suspending any transaction after processing has begun.
3.10. REKALL DYNAMICS may, at its sole discretion, refuse to process a transaction for any reason, or refuse service to anyone at any time. REKALL DYNAMICS will not be liable to you or any third party by reason of refusing or unwinding or suspending any transaction after processing has begun.
3.11. Any goods or services supplied or made available through the Website, other than Products, are provided by the applicable third party and not by REKALL DYNAMICS (unless agreed otherwise by REKALL DYNAMICS in writing). Any dealings between you and such third party, including payment for and delivery of services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold REKALL DYNAMICS liable for any loss or damage of any kind incurred as the result of any such dealings. You agree to indemnify REKALL DYNAMICS for any loss or damage of any kind incurred by REKALL DYNAMICS as the result of any such dealings or as a result of any material contained on the Website provided by you or on your behalf.
3.11a. The purchaser assumes all responsibility for any import duties, taxes, GST, charges, additional fees, or fines that may arise after the item is dispatched from New Zealand.
3.11b. The purchaser grants all rights to REKALL DYNAMICS to use their name or their company name as a user of their products in any future marketing material, either online or in print.
3.12. Force Majeure:
3.12.1. If REKALL DYNAMICS is prevented from fulfilling its obligations under these Terms and Conditions or any contract formed as anticipated by these Terms and Conditions due to riots, strikes, lock-outs or other civil commotion, war, Act of God, earthquake, fire, damage to plant or other catastrophe, government regulation or decree, or any other circumstances beyond the control of REKALL DYNAMICS and which could not have been reasonably foreseen, REKALL DYNAMICS shall promptly notify the user of the situation or event that makes it impossible to carry out its obligations in whole or in part.
3.12.2. Any loss or damage to, delays in, or failure of performance of REKALL DYNAMICS under the conditions described in clause 3.12.1 shall not constitute default under these Terms and Conditions or any contract formed as anticipated by these Terms and Conditions or give rise to any claims for damages.
3.12.3. Either REKALL DYNAMICS or the Purchaser may terminate any contract formed as anticipated by these Terms and Conditions on written notice to the other party if any situation or event described in this clause 3.12 continues for more than 90 days and is affected by the conditions described in clause 3.12.1.
3.12.4. Limitation of Responsibilities
The Company's responsibilities are expressly confined to accepting and processing orders, and dispatching these orders to our selected freight agent. Beyond this, the Company is not responsible for any costs incurred, time delays, failure to meet any given deadlines, or other issues that may arise during the transit of the goods.
The Company is not liable for any Return Merchandise Authorization (RMA) return time frames or agreed-upon delivery times. The responsibility for these matters is entirely the buyer's. The buyer is also solely responsible for the arrangement and management of any customs, freight agents, couriers, or clearance events.
In terms of product returns, the Company's involvement with the returned product only commences at the point when the product arrives at our facility. The Company will not interact with customs, freight agents, couriers, or clearance events on the buyer's behalf.
We wish to clarify that we are a web-based business that dispatches orders to a fulfillment center. We do not possess the administrative capacity to manage or deal with issues pertaining to shipping freight, tax, or clearance events on behalf of our customers. All responsibilities and liabilities related to these matters rest entirely with the buyer.
By agreeing to these terms of sale, the buyer acknowledges that they understand these limitations and agrees to the allocation of responsibilities as outlined above.
4. User Account, Password, and Security
4.2. To register as a user, you will be required to provide certain information and register a username and password for use on the Website. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will REKALL DYNAMICS be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time without the express permission of the account holder.
4.3. REKALL DYNAMICS has taken reasonable measures (physical, organizational, and technological) to safeguard against unauthorized access to your personal information and to safely store it. However, the internet is not a secure medium, and the privacy of your communications and personal information can never be guaranteed. REKALL DYNAMICS has no control over the practices of third parties (e.g., website links to the Website, third-party sponsors, or third parties who misrepresent themselves as you or someone else).
4.4. You agree to notify REKALL DYNAMICS immediately of any unauthorized use of your passwords or accounts and to reimburse REKALL DYNAMICS for any improper, unauthorized, or illegal use of the same by you or any person obtaining access to the Website, Products, or otherwise by using your designated username and password, whether or not you authorized such access.
5. Links to Third Party Websites
5.1. The Website may include links to third party websites that are controlled and maintained by others. Accordingly, REKALL DYNAMICS cannot accept any responsibility for the materials or offers for services featured on such websites. Any link to other websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature, and you acknowledge and agree that REKALL DYNAMICS is not responsible for the content or availability of any such sites.
5.2. Please note that any goods or services supplied or made available through websites which are linked to the Website are supplied by third parties and not by REKALL DYNAMICS (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold REKALL DYNAMICS liable for any loss or damage of any kind incurred as the result of any such dealings.
6. Disclaimers and Limitation of Liability
6.1. The nature of internet communications means that the Website may be susceptible to data corruption, interception, non-availability, and delays. The Website may also be unavailable from time to time due to repairs, maintenance or development work. You agree that REKALL DYNAMICS has no obligation to provide support for the Website.
6.2. Use of the Website is at your own risk. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made, and without warranty or guarantee of any kind, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. REKALL DYNAMICS makes no warranty that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
6.3. To the extent permitted by law, REKALL DYNAMICS, its directors, employees or other representatives, will not be liable for any loss or damage (whether direct or indirect or consequential loss) whatsoever (including, without limitation, loss of business, opportunity, data, profits) arising out of or in connection with your purchase or use of the Products or the Website, whether caused by negligence or otherwise.
6.4. If you are dissatisfied with the Website or any content or materials in it, your sole exclusive remedy is to discontinue your use of it.
6.5. All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded from the Terms and Conditions and any contract formed as anticipated by these Terms and Conditions.
6.6. Nothing in these Terms and Conditions or in any contract formed as anticipated by them shall exclude or restrict REKALL DYNAMICS's liability in respect to fraudulent misrepresentation or any other liability which cannot be limited by applicable law. Except to the extent permitted by applicable law, these terms are to be modified to the extent necessary to give effect to that intention.
6.7 Customer Logo Usage: By entering into a transaction with Rekall Dynamics, you grant us a non-exclusive, worldwide, royalty-free license to use your logo and trademark for the purpose of identifying you as a customer of our products and services. This includes, but is not limited to, displaying your logo on our website, in our promotional materials, and in other marketing communications. You represent and warrant that you have all necessary rights and permissions to grant this license. If you do not wish for us to use your logo in this way, or if you wish for us to stop using it, please contact us at email@example.com. We will respect your request and remove your logo from our materials as quickly as reasonably possible.
7. REKALL DYNAMICS’s remedies
7.1. You agree that any unauthorized use of our Website, the Products and/or any related materials as a result of your negligent act or omission would result in irreparable injury to REKALL DYNAMICS.
7.2. Unless otherwise stated in these Terms and Conditions, no particulars, statements or descriptions, in whatever form provided by REKALL DYNAMICS concerning the Products, nor any verbal representations by any agent, employee or representative of REKALL DYNAMICS, shall form part of the Terms and Conditions or be treated as constituting a representation on the part of REKALL DYNAMICS.
7.3. Without limitation to any other rights REKALL DYNAMICS may have, you agree to indemnify and hold REKALL DYNAMICS harmless from and against any breach by you of these Terms and Conditions or any contract formed as anticipated by these Terms and Conditions, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by REKALL DYNAMICS in consequence of your breach of these Terms and Conditions or any contract formed as anticipated by these Terms and Conditions.
8.1. Subject to clause 8.2, you will treat as strictly confidential (A) all information received or obtained as a result of accessing the Website, purchasing the Products or otherwise relating to REKALL DYNAMICS, (B) the subject matter and provisions of the Website and these Terms and Conditions or any contract formed as anticipated by these Terms and Conditions, and (C) any negotiations between the parties.
8.2. You may disclose information which would otherwise be confidential, if and to the extent, (A) required by law, (B) the information has come into the public domain through no fault of the user, or (C) REKALL DYNAMICS has given prior written approval of the disclosure, provided in each case that, subject to law, any such information will be disclosed only after consultation with REKALL DYNAMICS.
9. Trademarks and copyright
9.1. You shall not commit any act which causes or may cause damage or loss to the reputation of REKALL DYNAMICS or an affiliate of REKALL DYNAMICS or harm any trademarks owned by REKALL DYNAMICS or an affiliate of REKALL DYNAMICS (Trademarks).
9.2. You shall not acquire any right, title or interest in or to the Trademarks or the goodwill associated therewith, or in or to any of the advertising, promotional or merchandising work or material for or relating to the Products and belonging to or developed by or for REKALL DYNAMICS, and shall indemnify REKALL DYNAMICS for any loss or damage which may be suffered by REKALL DYNAMICS, or an affiliate of REKALL DYNAMICS, as a result of any breach of any undertaking contained in this clause.
9.3. REKALL DYNAMICS or our licensors own the domain names for the Website and all intellectual property rights in the Website and the material on the Website. Such material may include, but shall not be limited to, text, text elements, logos, buttons, images, icons, source code, site design, structure, layout and distribution as well as the selection, assembly and arrangement thereof and any analysis REKALL DYNAMICS may make of any such material). Subject to the limited licence rights contained in clause 1.7, all these intellectual property rights are reserved.
10. Other provisions
10.1. A reference in this clause 10 to the “Terms and Conditions” is also a reference to any contract formed as anticipated by these Terms and Conditions.
10.2. The user may not assign any of its rights under these Terms and Conditions without the prior written consent of REKALL DYNAMICS and no variation of the Terms and Conditions is effective unless agreed in writing by REKALL DYNAMICS.
10.3. REKALL DYNAMICS may at any time, without the consent of the user, assign all or any part of its rights, benefits and/or obligations arising pursuant to these Terms and Conditions to a competent third party.
10.4. If any provision of the Terms and Conditions is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms and Conditions shall not be affected.
10.5. Neither the failure to exercise nor any delay in exercising any right under the Terms and Conditions shall impair or operate as a waiver thereof, in whole or in part. No single or partial exercise of any right under the Terms and Conditions shall prevent any further or other exercise thereof or the exercise of any other right.
10.7. Nothing in these Terms and Conditions constitutes, or will be deemed to constitute, a partnership between REKALL DYNAMICS and you, nor will it constitute, or be deemed to constitute, either of us as the agent or representative of the other of us for any purpose.
10.8. Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 (NZ) except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.
10.9. If any provision of these Terms and Conditions shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms and Conditions in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms and Conditions shall not be affected in any other jurisdiction.
10.10. No person who is not a party to these Terms and Conditions shall have any right to enforce any term of these Terms and Conditions provided that all rights of REKALL DYNAMICS under these Terms and Conditions shall extend (as determined by REKALL DYNAMICS) to all its affiliates, successors, assigns and licensors.
10.11. If you wish to communicate with REKALL DYNAMICS, please click on [insert details] on the Website for our contact details.
10.12. These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand and you hereby submit to the exclusive jurisdiction of the New Zealand courts. This clause will survive any expiry, cancellation or termination of these Terms and Conditions for any reason.
11. Returns & Refunds
We want you to be completely satisfied with your purchase. Please note that our products are custom made to order, based on the exact customer requirements. Returns are challenging to manage and often result in a near-complete loss for us. Therefore, we kindly request that you choose carefully when placing your order.
11.1 Non-faulty products require a Goods Return Authorization (GRA) and must be in saleable condition. These products will be subject to a restocking fee of 65%, which is allocated as follows: 20% for shipping recovery, 55% for complete custom printed product faceplate removal, replacement, and recycling, 10% for admin time, 10% for re-warehousing & new packaging or disposal, and 5% for currency fluctuation. Returned products are also ineligible for resale to military, government, or defense organizations and more often than not, essentially become spare parts at a complete loss.
11.2 To return an item, you must first obtain pre-authorization from our customer service team. Unauthorized returns will not be accepted, and all returns are bound strictly to this policy regardless of phone, email or in-person communications with our team.
11.3 Items must be returned directly to our warehouse in New Zealand. We are not responsible for return freight or any transportation or import fees. The customer is responsible for any tax, import duties, or any and all other expenses to get the package from their destination to checked in at our warehouse.
11.4 Items may only be returned if they are in un-used, unopened condition. All returns requesting a refund are subject to a restocking fee.
11.5 Items may not be returned after 30 days after delivery confirmation. Refunds are not available due to shipping or third-party delays after dispatch.
11.6 When returning RMA products, it is the buyer's responsibility to ensure that all freight times, delays, clearance events, etc., are taken into account to have the products back to us within the required timeframe of 30 days. Failure to do so will render the RMA void, and on a case-by-case basis, a scrap return value may be offered.
11.7 The customer is responsible for all shipping costs associated with the return unless the product is faulty or not as described. Refunds will be issued in the same form of payment used for the original purchase once the returned item is received and inspected. Refunds will be processed by our financial division within 60 days of the product being checked back into our warehouse and approved as complying with the terms in this policy.
11.8 Rekall is not responsible for delays in returning product to due paperwork, import duties, or third-party clearance events. Plan for these ahead or have an agreement in place with our staff before dispatching goods. You have 30 days from the time the RMA is issued to have your returned product checked into our warehouse, without our assistance or intervention otherwise the RMA will be considered invalid and no return will be offered.
11.9 Returns outside of these conditions may be accepted or agreed upon on a case-by-case basis. In those instances, we will accept the return at a scrap value of a maximum of $50 per kilogram.
11.10 Products manufactured for military, defence, government or any form of high-security environment cannot be resold, and the internal electronics must be destroyed immediately on receipt to our warehouse, the RMA on these products, if issued, covers scrap value only.
11.11 If you have any questions or concerns about our refund policy, please contact our customer service team.
11.12 Rekall reserves the full right to cancel, reject or dishonour an RMA or customer return at any time for any reason whatsoever at any stage.
11. 13 A RMA once received to our warehouse will have the final outcome decided, this will either be full refund minus 65% restocking fee, an offer to accept the RMA at scrap value of $50 NZD per kilogram of product returned or an outright decline of the RMA for any reason whatsoever our restocking team see fit.
11.14 Products not collected or stored on behalf of the client will incur costs of $35 per 5kg per month and/or after 60 days be destroyed and no refund, credit, payment or compensation offered whatsoever.
By placing an order with us, you agree to be bound by these terms and conditions. We reserve the right to modify or amend this policy at any time without prior notice. The most current version of the refund policy will be posted on our website, and it is your responsibility to review it periodically. Your continued use of our products and services following the posting of changes to this policy will be deemed your acceptance of those changes.
Rekall Dynamics - Jan 2022