Terms and Conditions

  1. Introduction

    1. This website is owned and operated by Wendlo Limited, trading as Wendlo Guitars (“Wendlo”).

    2. By ordering goods from us, you confirm and agree that you have read, understood, and agree to be bound by these terms and conditions of trade (“Terms”), as well as our privacy policy and the terms of website use.

    3. In these Terms, unless the context requires otherwise:

      1. we have used “we”, “us” and “our” to refer to Wendlo and “you” to refer to you our customer.

      2. the term ‘goods’ includes any second-had or new goods and associated services that we supply to you.

  2. Ordering

    1. In order to purchase through our website, you must be at least 16 years of age and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.

    2. When ordering goods from us through this website, you agree that:

      1. You are responsible for reading the full listing describing the goods before making a commitment to buy it;

      2. You enter into a legally binding and irrevocable contract to purchase the goods when you complete the check-out payment process. This means in particular that you will not be able to cancel any order once made or return or exchange goods (other than where they are faulty as described below). Only complete the check-out payment process if you are sure you want to buy the goods in question.

    3. You will be required to pay for the goods in full at the time of ordering. Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.

    4. In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this via email after the order has been placed.

    5. We may, without prior notice, change the goods; stop providing certain goods; or create limits for the goods. We may permanently or temporarily terminate or suspend access to this website and/or the goods without notice and liability for any reason, or for no reason.

    6. If we are unable to acquire and/or deliver the goods to you for any reason we will notify you by email and provide you with a full refund of all monies paid by you.

  3. Pricing and Payment

    1. The prices we charge for our goods are listed on our website and are subject to change without notice.

    2. Promotional prices only apply during the period stated. Only voucher codes obtained from us will be honoured.

    3. All prices quoted on our website are in New Zealand Dollars and include Goods and Services Tax (GST), at the current rate, but exclude delivery costs.

    4. The cost of standard delivery to the North and South Islands in New Zealand is included in your purchase of the goods, this excludes delivery to any other off-shore New Zealand islands. Any additional delivery costs will be shown prior to you placing your order and are payable by you.

    5. You may pay for goods by either Afterpay or Zip ‘buy now-pay later’ service providers. You can use buy now – pay later service providers to acquire new goods from us, but not second hand goods.

  4. Delivery

    1. Unless otherwise agreed, the goods will be shipped at your cost to the postal address nominated at the time you place your order on our website.

    2. You must be at home to accept the goods. If there is no one to accept the order, the goods may be returned to the delivery provider for collection by you. You cannot change the delivery address once the goods have been dispatched. We reserve the right to pass on any extra charges made by our delivery provider for redirecting your delivery, if they are able to make the change.

    3. All dispatch dates are estimates only, and can change without notice. If we have given you a time for delivery of the goods, such time is approximate only and is not deemed to be of the essence. We don’t provide any warranty or representation that the goods will be delivered by a particular date.

    4. Sometimes, for reasons beyond our control, we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, riot, civil commotion, malicious damage or supplier incident. We are not responsible where this causes delays or the failure to deliver your goods.

    5. Disposal of packing materials is your responsibility.

  5. Warranties

    1. To the extent that we are legally able to do so, we will pass on to you any and all warranties and guarantees that we receive from the manufacturer of the goods. In this regard, any extended warranty offer provided by PJD Guitars in respect of PJD Guitars branded goods purchased from us, is between you and PJD Guitars and given entirely at the discretion of PJD Guitars. It is your responsibility to register your goods with PJD and arrange an extended warranty with PJD Guitars and we will not be liable if you fail to do so, or if PJD Guitars does not grant an extended warranty. If you are acquiring a PJD Guitar then the link to register that warranty can be found here - https://www.pjdguitars.com/register-your-pjd

    2. Subject to clause 5.4 below, we warrant that upon delivery any new goods supplied will be free of any material damage and will conform in all material respects with any description of those goods given on this website. Subject to clause 5.4 below, we warrant that any second-hand goods supplied will conform in all material respects with any description of those goods given on this website. To the maximum extent permissible at law, we hereby exclude all other warranties, conditions or obligations imposed or implied in relation to the goods whether under common law, equity or otherwise. In particular (but without in any way limiting the generality of the forgoing), to the maximum extent permissible at law:

      1. it is your responsibility to insure that any goods which you order are suitable for the purpose for which they are being purchased; and

      2. you will not be able to return goods where you have changed your mind or find that upon delivery that are not suitable for the purpose for which they are being purchased.

    3. Where you acquire goods from us for the purposes of a business:

      1. the parties acknowledge and agree that:

        1. you are acquiring the goods covered by these Terms for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993;

        2. the goods are both supplied and acquired in trade for the purposes of the Fair Trading Act 1986 and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations), and 13 (False or misleading representations); and

      2. you agree that all warranties, conditions, and other terms implied by the Consumer Guarantees Act 1993 or sections 9, 12A, and 13 of the Fair Trading Act 1986 are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.

    4. Images of the goods on this website are for illustrative purposes only. Your goods when delivered may vary slightly from the image shown. We have made every effort to display as accurately as possible the colours of our goods that appear on our website. However, we cannot guarantee that any colour depicted will accurately reflect the colour of the actual goods. Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.

    5. You must check the goods on delivery and confirm that all parts have been included and that the goods are free of any visibly obvious damage. Any goods found to be missing or damaged should be notified to us within two working days of delivery of the items. If you do not notify of us parts missing or damage to your goods that would have been reasonably discoverable from a visible inspection withing two working days of delivery then we will assume that any such missing parts or damage subsequently claimed was caused following delivery (and not our responsibility).

    6. You must use, care for and store any goods you acquire from us strictly in accordance with any instructions we and/or the manufacturer of those goods may provide. We will not be liable for any damage caused as a result of a failure to do so.

  6. Return and Refund Policy

    1. As noted at 2.2(b) above, upon completing the check-out payment process, you enter into a legally binding and irreversible contract to purchase the goods in question. This means in particular that in addition to clauses 5.2.1 and 5.2.2, in purchasing any PJD branded goods, you acknowledge that they do not accept any cancellation, return or exchange of goods once purchased.

    2. If we receive a valid warranty claim for goods purchased from us (noting that this does not cover general wear and tear due to use, change of mind or misuse) we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, we will provide you with a full refund upon the prompt return of the goods to us. We will refund the cost of return postage only insofar as required under the Consumer Guarantees Act 1993 for valid warranty claim for goods.

    3. When returning goods pursuant to a valid warranty claim you must provide us with proof of purchase, use the original packaging where possible to avoid damage in transit and return all accessories (such as power cords) that may have accompanied your order of the goods.
    4. Where we are required to refund your payment pursuant to these Terms, we aim to process payment of your refund to your original payment method within 5-10 working days. We will not be responsible for any additional time that it takes for you to receive your refund, as often it will depend on how quickly the banks process and receipt the refund.

  7. Intellectual Property

    1. The design of the goods and, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all intellectual property rights related thereto, are our exclusive property. 

    2. Except as explicitly provided in these Terms, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

  8. Limitation Of Liability

    1. To the maximum extent permissible at law, clause 5 sets out the full extent of our liability to you in relation to any goods that you purchase from us.

    2. Except as expressly otherwise provided by clause 5, to the maximum extent permissible at law we will not be liable for any loss or damage or liability of any kind whatsoever whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from goods provided by us to you.

    3. If notwithstanding clauses 5, 8.1 and 8.2 we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, then to the maximum extent permissible at law such liability is limited to the amount of the price of the goods concerned.

  9. Costs

    1. You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies, and powers under these terms.

  10. Force Majeure

    1. We will not be liable for any failure or delay in complying with any obligation imposed on us under these Terms if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.

  11. Miscellaneous 

    1. These Terms are governed by and construed according to the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.

    2.  We may change these Terms at any time. Any change applies from when it is published on this website.