Terms and Conditions
- Your use of the Site is at your risk. Titan Custom Cables Limited makes no warranties or representations as to its accuracy or completeness. Titan Custom Cables Limited specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether Titan Custom Cables Limited is aware of such errors or omissions or not. To the fullest extent permitted by law, neither Titan Custom Cables Limited nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, and to the fullest extent permitted by law, everything on the Site is provided to you "AS IS" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Please note that the Consumer Guarantees Act 1993 and similar legislation in New Zealand may confer rights and remedies on you in relation to the provision by Titan Custom Cables Limited of goods or services on the Site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding the foregoing paragraphs, Titan Custom Cables Limited does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute. To the fullest extent permitted by law, Titan Custom Cables Limited's liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Titan Custom Cables Limited, to: (a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
- The trademarks used on the Site are either trademarks of Titan Custom Cables Limited and/or its affiliates, or used on the Site with the permission of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trade mark displayed on the Site without the express written permission of Titan Custom Cables Limited or, if applicable, the third party owner of the relevant trade mark.
- Features and specifications of products described or depicted on the Site ("Products"), or available for purchase through the Site (including, without limitation, prices of Products displayed on the Site and any delivery or other charges) are subject to change without notice. All weights and dimensions mentioned are approximate.
- Titan Custom Cables Limited assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Titan Custom Cables Limited also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.
- Titan Custom Cables Limited is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While Titan Custom Cables Limited may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or it’s content. Subject to any Non-Excludable Rights, Titan Custom Cables Limited disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
- If Titan Custom Cables Limited provides you with user details to facilitate your use of or access to the Site ("User Details"), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. Titan Custom Cables Limited is entitled to act on instructions received under your User Details. Titan Custom Cables Limited cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorise (and not write down) your User Details.
- You agree to indemnify Titan Custom Cables Limited and keep Titan Custom Cables Limited indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by Titan Custom Cables Limited as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms, by you or anyone using your User Details.
- The trademarks, logos, and service marks (collectively the "Trademarks") listed below are trademarks of Titan Custom Cables Limited and/or its affiliates. Any other Trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right of use any Trademark displayed on the Site without the express written permission of Titan Custom Cables Limited or such third party owner. The Trademark or any other product names, service names or logos of Titan Custom Cables Limited used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Titan Custom Cables Limited or any of its affiliates. Other product names and/or company names used in the Web Site are used with the permission of their respective owners and may be protected as their trademarks and/or trade names.
Information that you provide to Titan Custom Cables Limited
- To enable Titan Custom Cables Limited to provide you with products and/or services and to enable you to participate in Titan Custom Cables Limited promotional offers and other marketing activity, Titan Custom Cables Limited may collect and ask you to provide personal information such as your name, address and telephone number and information about your use of this Site ("Your Information").
- Titan Custom Cables Limited may collect information relating to your access to, and use of, this Site using cookies. A cookie is a small data file that the Site may write to your computer's hard drive to tailor and keep records of your visit to the Site and to authenticate that you are permitted to use the Site. You can disable cookies by turning them off in your browser, however, you may not be able to access some areas of the Site and/or some areas of the Site may not function properly if you do so.
- All information that you provide to Titan Custom Cables Limited must be true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or otherwise fail to update Your Information, Titan Custom Cables Limited may suspend or terminate your participation in promotions, competitions, offers or membership of Titan Custom Cables Limited (and right to use) the Site immediately.
Terms and Conditions of Sale
Each product comes with its own Titan Custom Cables Limited warranty. Go to the Lifetime Warranty page for the relevant terms and conditions of warranty ("Warranty Terms").
- Titan Custom Cables Limited shall by itself sell and you shall purchase the products and services offered for sale on the Site ("Products") in compliance with the Sale Terms. All orders placed by you on the Site ("Orders") are accepted pursuant to the Sale Terms, which supersede any other terms relating to the sale of the Products appearing on the Site or elsewhere and shall override any other terms referred to by you or in any course of dealing.
- An Order placed by you on the Site is an offer by you to purchase a particular Product. Titan Custom Cables Limited reserve the right to accept or reject your Order for any reason, including, without limitation, an error in your order or in the material on the Site, or the unavailability of the Product. The contract to purchase a particular Product only comes into existence upon acceptance by Titan Custom Cables Limited of your Order. Products are subject to availability. In the event of shortage, Titan Custom Cables Limited may allocate sales and deliveries in its sole discretion.
- Titan Custom Cables Limited currently only accepts Online Orders for delivery of the Products if the delivery address is in New Zealand. For delivery overseas please contact firstname.lastname@example.org first for shipping options to be confirmed. Titan Custom Cables Limited reserve the right to limit the quantity of Products purchased by you.
- The price of a Product shall be as stipulated on the Site at the date of placement of your Order and is in New Zealand dollars. Unless otherwise indicated on the Site, all prices include all New Zealand taxes.
- Delivery shall be made at the place agreed between the parties, or at Titan Custom Cables Limited’s premises, if no place is agreed. If delivery is made elsewhere other than at Titan Custom Cables Limited’s premises, Titan Custom Cables Limited has the right to select the method of delivery and the carrier. Delivery may be made by instalments, at the sole option of Titan Custom Cables Limited. Any dates quoted by Titan Custom Cables Limited for delivery of the Products are estimates only and shall not form part of the Sale Terms.
- Titan Custom Cables Limited must receive full payment of the price of the Products ordered, and any other charges (including delivery or freight charges) that may apply to your Order, before they are delivered or supplied to you. You shall pay for the Products by using one of the payment methods available on the Site.
- Where the Products are to be delivered by instalments, each instalment shall be deemed to be the subject of a separate agreement and no default or failure by Titan Custom Cables Limited in respect of any one or more instalments shall vitiate the Contract in respect of the Products previously delivered or undelivered Products. In the event that Titan Custom Cables Limited give notice to you that it is unable to deliver any instalment of the Products, you shall be deemed to have accepted those instalments already delivered but Titan Custom Cables Limited may reimburse the price of the undelivered Products which have been paid for by you.
- If you fail to take delivery of the Products or any part of them when they are made available to you, or fail to provide accurate instructions, documents, licenses, consents or authorisations required to enable the Products to be delivered, Titan Custom Cables Limited shall be entitled, upon giving written notice to you, to store or arrange for storage of the Products, and then risk in the Products shall pass to you, delivery shall be deemed to have taken place, and you shall pay to Titan Custom Cables Limited all costs and expenses (including storage and insurance charges) arising from your failure.
- Unless you notify Titan Custom Cables Limited to the contrary by email to email@example.com within seven (7) days of delivery the Products shall be deemed to have been accepted by you as being in good condition and in accordance with the Sale Terms and also Titan Custom Cables Limited’s Return Policy.
- To the extent permissible by law, and where not inconsistent with any Warranty provided to you the buyer, Titan Custom Cables Limited shall not accept goods for credit or refund unless covered under Titan Custom Cables Limited’s Lifetime Warranty and Return Policy.
- In no event shall Titan Custom Cables Limited be liable to you for any indirect, special, incidental or consequential damages resulting from performance or failure to perform under an agreement pursuant to the Sale Terms, or from the furnishing, performance or use of any goods or services sold or provided pursuant to the Sale Terms, or due to late delivery or non-delivery of the Products, whether due to a breach of contract, breach of warranty, negligence, or otherwise.
- Titan Custom Cables Limited may update, or discontinue any Product and/or revise prices for any Product listed as available on the Site at any time. You agree that changes may occur between any Product shipped to you and the Products described in marketing materials.
- You agree and warrant that the purpose of purchasing the Products is for your own internal use only, and not for resale. Titan Custom Cables Limited shall be entitled to refuse to accept orders placed by you if you breach or if Titan Custom Cables Limited, on reasonable grounds, suspects that you will breach this warranty. You shall not remove components from the Products for resale.
- Titan Custom Cables Limited shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control.
- An attempt by you to enter an Order which is subject to additional or altered terms and conditions shall be null and void.
Consumer Guarantees Act 1993
Nothing in the Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by the Act, and the Terms are to be modified to the extent necessary to give effect to that intention. Where the Buyer supplies goods in trade purchased under the Terms to a person acquiring them for business purposes, it must be a term of the Buyer's contract with that purchaser that the Consumer Guarantees Act 1993 does not apply in respect of the goods. The Buyer agrees to indemnify Titan Custom Cables Limited against any liability or cost incurred by Titan Custom Cables Limited under the Consumer Guarantees Act 1993 as a result of any breach by the Buyer of the obligations contained in the Terms.
Where the Consumer Guarantees Act 1993 ("Act") applies to the Terms:
- if the goods or services are acquired for business purposes, the Buyer agrees that the Act does not apply; and
- if the goods or services are not acquired for business purposes, to the fullest extent permitted by law, Titan Custom Cables Limited's liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Titan Custom Cables Limited, to:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
titancustomcables.com registration and account
- There are two methods to purchase on this site. The first method is as a ‘registered member’ of titancustomcables.com. Registered customers may make any number of purchases via a single and secure access point (normally enabled by a registration ID and password). The second purchasing method is for ‘non members’. A non-member may make a one-time-only purchase which does not require registration. Their purchase will be regarded as a stand-alone activity.
- Some features on the Site are only accessible for registered members. You can register as a Member by following the instructions on the Site. You will be authorised to be a Member of titancustomcables.com only if Titan Custom Cables Limited advises you that your application for registration as a Member has been approved. You will be required to accept these Terms in order to become a Member.
- To be eligible for account registration of titancustomcables.com you must be: (a) At least 13 years of age (and at least 18 years of age to purchase goods or services).
- You are only entitled to open one titancustomcables.com Member account (even if you have multiple email addresses).
- There is no charge for account registration at titancustomcables.com.
- Your titancustomcables.com account and any other related registration benefits are not transferable and may not be combined or merged with other Member accounts.
- Titan Custom Cables Limited reserves the right to refuse your application for registration or terminate your registration at its sole discretion.
- When you register as a Member of titancustomcables.com you must choose a password. Your password must be used, together with your email address (each a "Unique Identifier"), each time you access your titancustomcables.com account. Titan Custom Cables Limited may reject any Unique Identifier that you choose, in Titan Custom Cables Limited's sole discretion. You are responsible for keeping your Unique Identifiers confidential. You must immediately notify Titan Custom Cables Limited if you become aware of any unauthorised use of your Unique Identifiers or any other breach of security related to your titancustomcables.com account.
- You are solely responsible for all activities that occur under your titancustomcables.com account including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your Unique Identifiers. Titan Custom Cables Limited is entitled to act on instructions received under your Unique Identifiers. Titan Custom Cables Limited cannot and will not be liable for any changes made to your titancustomcables.com account by another person using your Unique Identifiers, or for any loss or damage arising from your failure to adequately protect your Unique Identifiers. For security purposes, you should memorise (and not write down) your Unique Identifiers, and close the browser window at the end of each session.
- You may terminate these Terms and your titancustomcables.com registration at any time, without cause and with immediate effect, please contact us by sending an e-mail via firstname.lastname@example.org. Titan Custom Cables Limited may terminate these Terms and your titancustomcables.com registration at any time, without cause and with immediate effect, by sending an email to the email address supplied by you when registering to use titancustomcables.com. In the event of termination you will immediately cease to use titancustomcables.com. The provisions of these Terms regarding intellectual property rights, confidentiality, warranty disclaimers, liability limitations and indemnification shall survive any such termination.
Terms & Conditions last updated on the 21/05/2016