Introduction

EmaPhone operates in accordance with the laws of New Zealand, including but not limited to the:

• Consumer Guarantees Act 1993
  
• Fair Trading Act 1986
  
• Privacy Act 2020
  

We reserve the right to update, amend, or replace these Terms & Conditions at any time by publishing the revised version on our website. The Terms & Conditions in effect at the time you place your order will apply to that purchase.

1. Introduction

These Terms & Conditions govern your access to and use of the EmaPhone website, including all related pages, products, services, features, and content available through www.emaphone.co.nz.

In these Terms, "EmaPhone", "we", "us", and "our" refer to EmaPhone, while "you" and "your" refer to any customer, visitor, or user of our website.

By accessing our website, creating an account, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions and our Privacy Policy.

If you do not agree with these Terms & Conditions, you must not use this website.

EmaPhone operates in accordance with the laws of New Zealand, including but not limited to the:

• Consumer Guarantees Act 1993
• Fair Trading Act 1986
• Privacy Act 2020

We reserve the right to update, modify, or replace these Terms & Conditions at any time by publishing the revised version on our website. The Terms & Conditions in effect at the time you place your order will apply to that purchase.

2. Eligibility to Purchase

You may only purchase products from our website if you are legally capable of entering into binding contracts under New Zealand law.

You agree that all information provided by you when placing an order, including billing details, shipping details, and payment information, is accurate, complete, and current.

If you are purchasing on behalf of another person or using a payment method belonging to another person, you confirm that you have the authority to do so.

We reserve the right, at our sole discretion, to refuse service, reject orders, or cancel transactions where we believe an order breaches these Terms, is fraudulent, or otherwise unsuitable for fulfilment.

3. Our Business Model

EmaPhone operates as an online retail and phone repair business specialising in branded smartphones, mobile accessories, consumer electronics, and professional phone repair services. To provide our customers with quality products and dependable repair solutions, we may:

• stock selected products locally in New Zealand for direct dispatch; and/or
• source and fulfil certain products through trusted suppliers, fulfilment partners, or authorised distribution networks.

As part of this business model:

• some products may be shipped directly from suppliers or fulfilment partners;
• some products may be dispatched from New Zealand, Australia, or other international locations;
• products from the same order may arrive separately;
• product packaging, branding, labels, or included accessories may vary depending on the manufacturer or fulfilment source.

We do not manufacture all products sold on our website, and we do not physically inspect every item prior to dispatch. However, we work with trusted suppliers to provide quality products that meet our standards and comply with applicable New Zealand consumer laws.

4. Product Information and Product Variations

We make reasonable efforts to ensure that all product descriptions, images, specifications, pricing, and other information displayed on our website are accurate at the time of publication.

However, you acknowledge and accept that:

• product images are provided for general illustrative purposes only;
• colours and finishes may appear differently depending on your device screen or display settings;
• manufacturer packaging, branding, labels, included accessories, and presentation may change without prior notice;
• product specifications may be updated by the manufacturer or supplier from time to time;
• certain smartphones, consumer electronics, and mobile accessories may be supplied in updated retail packaging or revised manufacturer versions while maintaining the same core functionality.

Repair services may involve the installation of compatible, high-quality replacement parts depending on the repair requested and parts availability. Our technicians will assess each device before carrying out any repair work.

Minor differences between the delivered product and the images or descriptions shown on our website do not necessarily mean that the product is faulty, misrepresented, or not as described.

Where a product is materially different from its core description, arrives damaged, is faulty, or is not of acceptable quality, your rights and any available remedies will be assessed in accordance with these Terms & Conditions and applicable New Zealand consumer law.

5. Stock Availability

All orders are subject to stock availability and acceptance.

Although we make every effort to keep our product listings up to date, stock levels may change between the time you place an order and the time your order is accepted and processed.

Products displayed on our website may be:

• held in our own inventory;
• available through trusted suppliers or authorised distributors; or
• available through fulfilment partners at the time of listing.

If a product becomes unavailable after you place an order, we may, at our discretion:

• cancel your order and provide a full refund;
• offer store credit;
• offer a comparable replacement product; or
• contact you to discuss an alternative solution.

Products added to your shopping cart are not reserved and are not considered sold until payment has been successfully received and your order has been accepted.

6. Order Acceptance

After you place an order, you may receive an email acknowledging receipt of your order. This acknowledgement confirms that we have received your order request but does not constitute acceptance of your order.

An order is only accepted once it has been processed and dispatched, or when we otherwise confirm acceptance.

We reserve the right to refuse, suspend, or cancel any order before dispatch, including where:

• payment cannot be authorised or verified;
• the product is unavailable;
• pricing or listing errors have occurred;
• shipping restrictions apply;
• fraudulent or suspicious activity is suspected;
• the order does not satisfy our eligibility requirements; or
• supplier availability or fulfilment issues prevent us from completing the order.

To the fullest extent permitted by New Zealand law, EmaPhone will not be liable to you or any third party for refusing, cancelling, or withdrawing an order prior to dispatch.

7. Pricing and Currency

All prices displayed on our website are in New Zealand Dollars (NZD) unless otherwise stated.

Prices may be updated at any time without prior notice. However, the price payable for your order will be the price displayed on our website at the time your order is placed, except where an obvious pricing error has occurred.

If a pricing error is identified after an order has been placed, we may cancel the order and issue a full refund, or contact you with the correct pricing and allow you to decide whether you wish to proceed with your purchase.

For customers purchasing from outside New Zealand, you acknowledge that exchange rate fluctuations and fees charged by your payment provider may affect the final amount charged.

Unless otherwise stated, product prices do not include shipping charges or any applicable fees, which will be displayed during the checkout process.

8. Payment

EmaPhone accepts the payment methods displayed on our website from time to time, including but not limited to Visa, Mastercard, and Afterpay, where available.

By placing an order, you confirm that:

• the payment method used belongs to you, or you are authorised to use it;
• all payment information provided is accurate, complete, and valid; and
• your payment is subject to verification and authorisation by the relevant payment provider.

All payments are processed securely through trusted third-party payment gateways. While we take reasonable measures to protect your information, EmaPhone is not liable for any loss resulting from unauthorised access, fraud, or data interception that is beyond our reasonable control.

If payment authorisation is declined or cannot be completed, we reserve the right to refuse or cancel your order.

9. Shipping and Delivery

EmaPhone delivers to physical addresses throughout New Zealand and selected international destinations, unless otherwise stated on our website. We do not deliver to P.O. Boxes unless specifically agreed.

Shipping charges, where applicable, will be displayed during the checkout process before your order is confirmed.

Estimated delivery timeframes are provided as a guide only and may vary depending on factors including:

• product availability;
• supplier or fulfilment processing times;
• courier operations;
• customs clearance for international shipments;
• weather conditions;
• public holidays;
• peak shopping periods; or
• other circumstances beyond our reasonable control.

By placing an order, you acknowledge and agree that:

• some products may be shipped directly from suppliers or fulfilment partners;
• products within the same order may be dispatched separately and arrive at different times;
• delivery timeframes are estimates only and are not guaranteed.

Risk in the products passes to you once the order has been delivered to the delivery address provided during checkout. If you nominate another person to receive the order on your behalf, delivery to that person will be deemed delivery to you.
Where a customer sends a device to EmaPhone for repair, the customer is responsible for securely packaging the device before shipment. Once repairs have been completed, EmaPhone will carefully package and dispatch the repaired device to the nominated delivery address.

To the fullest extent permitted by law, EmaPhone is not responsible for shipping delays, customs delays, courier disruptions, lost or damaged parcels, or delivery issues caused by third-party carriers or circumstances beyond our reasonable control. Nothing in this clause limits your rights under applicable New Zealand consumer law.

10. Tracking Information

Tracking information may be provided where available for both product orders and repaired devices, depending on the shipping service used.

Please allow sufficient time for tracking information to become active after your order has been dispatched, as updates are dependent on the shipping carrier.

In some cases, tracking information may only become available after your parcel has progressed through part of the courier network.

The absence of tracking information does not necessarily indicate that your order has not been dispatched.

If your order has not arrived within the estimated delivery timeframe, please contact our customer support team with your order number and we'll be happy to assist you.

11. Returns, Exchanges, and Change of Mind

11.1 Change of Mind

If you wish to request a return or exchange due to a change of mind, you must contact EmaPhone within 5 days of receiving your order.

All change-of-mind requests are subject to approval and the following conditions:

• the product must be unused and in its original condition;
• the product must be returned in its original packaging with all included accessories, manuals, and components where applicable;
• proof of purchase must be provided; and
• the product must be returned within the timeframe specified by EmaPhone after your request has been approved.

Unless required by New Zealand consumer law, change-of-mind returns are not guaranteed.

For hygiene, safety, or product integrity reasons, certain products may not be eligible for return, including clearance items, personalised products, hygiene-sensitive items, and any products otherwise identified as non-returnable.

Return shipping costs for approved change-of-mind returns are the responsibility of the customer.

Where a change-of-mind return is approved, any refund may be issued as store credit or another form of refund at EmaPhone's discretion, unless otherwise required by law.

11.2 Exchanges

Exchange requests are subject to stock availability and approval.

We do not guarantee exchanges based on personal preference, colour selection, appearance, compatibility expectations, or other non-fault-related reasons unless required under applicable New Zealand consumer law.

11.3 Returned Goods Condition

Returned products must be packaged appropriately to prevent damage during transit.

EmaPhone reserves the right to refuse a return if the product:

• has been used after delivery;
• has been damaged after delivery through misuse or accidental damage;
• is missing original packaging, accessories, manuals, or included components;
• has been altered, modified, or is incomplete; or
• is returned in a condition that prevents resale.

11.4 Phone Repair Services

Repair services relate to labour and replacement parts supplied during the repair process. Devices submitted for repair must be owned by the customer or submitted with the owner's authorisation.

Once repair work has been approved and completed, repair charges are generally non-refundable unless otherwise required under applicable New Zealand consumer law or where EmaPhone determines that the repair has not been carried out with reasonable care and skill.

12. Faulty, Damaged, Incorrect, or Not-As-Described Products

If you believe a product or completed repair is faulty, damaged, incorrect, or materially different from its agreed description, you must contact EmaPhone as soon as reasonably possible...

• your order number;
• a description of the issue;
• clear photographs or a short video showing the problem; and
• any additional information reasonably requested by our customer support team.

We may require the product to be returned for inspection before confirming the appropriate resolution.

Where a product is confirmed to be faulty, damaged on arrival, materially incorrect, or not of acceptable quality under applicable New Zealand consumer law, EmaPhone may provide an appropriate remedy, including:

• repair;
• replacement;
• store credit;
• refund; or
• any other remedy required by applicable law.

Manufacturer warranties may apply to selected branded products where specified on the relevant product page.

Normal wear and tear, accidental damage, misuse, improper installation, unauthorised repairs or modifications, negligence, failure to follow product instructions, or damage caused after delivery are not considered manufacturing faults.

Minor differences in manufacturer packaging, branding, labels, included accessories, software versions, or cosmetic presentation do not automatically mean a product is faulty, provided the product remains substantially consistent with its intended purpose and advertised specifications.

Nothing in these Terms & Conditions excludes or limits any rights you may have under the Consumer Guarantees Act 1993 or any other applicable New Zealand consumer protection legislation.

13. Branded Smartphones, Mobile Accessories, Consumer Electronics, and Phone Repair Services

EmaPhone specialises in branded smartphones, mobile accessories, consumer electronics, and professional phone repair services. We source products and replacement parts from trusted manufacturers, authorised distributors, suppliers, and fulfilment partners to provide quality products and dependable repair solutions.

You acknowledge and agree that:

• Manufacturer packaging, branding, labels, accessories, manuals, and included components may vary between production batches.
• Product packaging or presentation may be updated by the manufacturer without prior notice.
• Software, firmware, operating systems, or pre-installed applications may differ depending on the production date, manufacturer updates, or regional variations.
• Certain products may require software updates, activation, or compatible applications to access all available features and functionality.
• Product images displayed on our website are provided for illustrative purposes only and may differ slightly from the products received.
• Product colours, finishes, specifications, included accessories, and packaging may vary depending on the manufacturer or production batch while remaining substantially consistent with the product description.
• Customers are responsible for reviewing product specifications, compatibility, model information, storage capacity, supported networks, and included accessories before placing an order.

Every order is carefully packaged to help minimise the risk of damage during transit. Customers should inspect their order upon delivery and contact EmaPhone as soon as reasonably possible if a product arrives damaged, faulty, incorrect, or materially different from its core description.

Nothing in this section excludes, restricts, or limits any rights available under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand consumer protection legislation.

14. Supplier and Manufacturer Responsibility

Some products available through EmaPhone are supplied by third-party manufacturers, authorised distributors, or trusted suppliers.

Where appropriate, we may assist customers in communicating with the relevant supplier or manufacturer regarding warranty support, technical information, or product-related enquiries. However, this assistance does not extend EmaPhone's responsibilities beyond those required under applicable New Zealand law.

Manufacturer warranties, where provided, remain subject to the terms and conditions of the respective manufacturer.

Nothing in these Terms & Conditions is intended to exclude, restrict, or limit any non-excludable rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand legislation.

15. Promotions, Discounts, and Gift Vouchers

Promotions, discount codes, special offers, and promotional campaigns are subject to their individual terms and conditions as published at the time of the promotion.

EmaPhone reserves the right to modify, suspend, or withdraw any promotion at any time without prior notice, unless the promotion has already been applied to an accepted order.

Gift vouchers:

• are redeemable only on www.emaphone.co.nz;
• may be single-use unless otherwise stated;
• cannot be exchanged for cash;
• are non-refundable except where required by applicable New Zealand law; and
• must be redeemed before the expiry date stated on the voucher or promotional material.

Unless otherwise stated, any unused balance remaining after redemption may be forfeited.

16. Intellectual Property

All content available on the EmaPhone website, including but not limited to text, graphics, logos, icons, product descriptions, product images, videos, website design, page layouts, software, trademarks, and branding, is owned by or licensed to EmaPhone and is protected by applicable intellectual property laws.

You must not reproduce, copy, republish, distribute, modify, display, transmit, sell, or otherwise exploit any part of our website or its content without our prior written permission.

Unauthorised use of our intellectual property may result in legal action to protect our rights and interests under applicable New Zealand law.

17. Website Use

By using the EmaPhone website, you agree that you will not:

• use our website for any unlawful or fraudulent purpose;
• interfere with or disrupt the operation, security, or functionality of our website;
• attempt to gain unauthorised access to any part of our website, systems, servers, or customer information;
• introduce viruses, malware, malicious code, or any other harmful technology;
• copy, misuse, or exploit our content, product information, images, branding, or intellectual property without our prior written permission;
• submit false, misleading, or fraudulent orders or account information; or
• engage in any activity that may negatively affect the operation of our website or the experience of other users.

EmaPhone reserves the right to suspend, restrict, or terminate access to our website if we reasonably believe these Terms & Conditions have been breached or our website has been misused.

18. Privacy

Your use of the EmaPhone website is also governed by our Privacy Policy.

We collect, use, store, and disclose personal information in accordance with the Privacy Act 2020 and our Privacy Policy.

Personal information may be shared with trusted service providers, payment processors, logistics providers, fulfilment partners, and other third parties only where reasonably necessary to process payments, fulfil orders, deliver products, or provide customer support.

EmaPhone is committed to protecting your personal information and takes reasonable steps to safeguard your data against unauthorised access, misuse, alteration, or disclosure.

We do not intentionally disclose sensitive payment information to suppliers, fulfilment partners, or other unauthorised third parties. For further information about how we collect, use, and protect your personal information, please refer to our Privacy Policy.

19. Third-Party Websites and Services

Our website may contain links to third-party websites, applications, services, or other online resources for your convenience.

These third-party websites and services operate independently of EmaPhone, and we do not control, endorse, or accept responsibility for their content, products, services, availability, security, or privacy practices.

Any access to or use of third-party websites is entirely at your own risk. We encourage you to review the terms, conditions, and privacy policies of any third-party website before providing personal information or completing a transaction.

EmaPhone accepts no responsibility for any loss, damage, or liability arising from your use of third-party websites or services.

20. Limitation of Liability

To the fullest extent permitted by applicable New Zealand law, EmaPhone excludes liability for any indirect, incidental, consequential, special, or punitive loss or damage, including but not limited to loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings arising out of or in connection with your use of our website, products, or services.

Where liability cannot be excluded by law, EmaPhone's total liability in relation to any claim arising from a product, service, or order is limited to the amount paid by you for the relevant product or order.

Nothing in these Terms & Conditions excludes, restricts, or limits any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand legislation where those rights cannot lawfully be excluded.

21. Force Majeure

EmaPhone will not be liable for any delay or failure to perform its obligations under these Terms & Conditions where such delay or failure is caused by events beyond our reasonable control, including but not limited to:

• natural disasters;
• severe weather events;
• fire or flood;
• pandemics or public health emergencies;
• labour disputes or industrial action;
• supplier or manufacturer disruptions;
• transportation or courier delays;
• power outages;
• government actions or regulatory changes;
• customs inspections or border delays;
• internet, telecommunications, or system failures; or
• any other event beyond our reasonable control.

Where such an event occurs, our obligations will be suspended for the duration of the event and will resume as soon as reasonably practicable.

22. Suspension and Termination

EmaPhone reserves the right to suspend, restrict, or terminate your access to our website or services at any time where we reasonably believe that you have:

• breached these Terms & Conditions;
• acted unlawfully or fraudulently;
• engaged in abusive, threatening, or inappropriate conduct towards our staff;
• misused our website, products, services, or intellectual property; or
• undertaken any activity that may harm EmaPhone, our customers, or our business.

You may request the closure of your account at any time by contacting our customer support team using the contact details available on our website.

23. Governing Law

These Terms & Conditions are governed by the laws of New Zealand.

Any dispute arising out of or relating to these Terms & Conditions, your use of our website, or any purchase made through EmaPhone shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.

24. Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed only to the extent necessary. The remaining provisions shall continue in full force and effect.

25. No Waiver

Any failure or delay by EmaPhone to exercise or enforce any right, power, or remedy under these Terms & Conditions shall not constitute a waiver of that right, power, or remedy.

Any waiver must be made in writing and shall apply only to the specific circumstance for which it is given.

26. Contact Us

If you have any questions regarding these Terms & Conditions, your order, our products, returns, or any of our policies, please contact us.

EmaPhone
Email: sales@emaphone.co.nz
Website: www.emaphone.co.nz