Kite Surf Nelson Online Shop General Terms & Conditions
The following terms and conditions apply in relation to your purchase of kitesurfing equipment, accessories and any other products from the Kite Surf Nelson Online shop ("Products"). By browsing and (where applicable) purchasing from the Kite Surf Nelson Online shop you agree to be bound by these terms and conditions, our website terms and conditions and any additional terms and conditions presented during the purchasing process.
1. Application of terms and conditions
1.1 In these terms and conditions, reference to "we" and "us" means Kitesurf Nelson Limited, and "our" has a corresponding meaning.
1.2 "You" means you our customer under these terms and conditions and "your" has a corresponding meaning.
2. Purchasing Products from the Kite Surf Nelson Online shop
2.1 While Kite Surf Nelson has endeavoured to ensure that the information provided on the Kite Surf Nelson Online shop is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on the Kite Surf Nelson Online shop. We reserve the right to make changes to the information provided on the Kite Surf Nelson Online shop at any time and without notice.
2.2 Your placement of an order via the Kite Surf Nelson Online shop is an offer to purchase our Products in accordance with these terms and conditions. We may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until the Product has been despatched to you. If we decline to accept your order, we will attempt to notify you using the e-mail address, and or the telephone number you have provided with your order.
2.3 To make a purchase from the Kite Surf Nelson Online shop on your own behalf:
a. You must be 18 years of age or over, or if you are under 18 years of age, you must have your parent or guardian's consent to make the purchase and enter into the terms and conditions applying to the purchase;
b. You must be either purchasing on your own behalf or authorised to purchase on behalf of another person;
c. Products you purchase must be delivered to an address in New Zealand; and
d. You must be buying for your own use and not for resale.
2.4 If you are purchasing on behalf of a company, association, partnership or other such entity ("Entity"):
a. you must be authorised to agree to these terms and conditions on behalf of the Entity;
b. you must be authorised by the Entity to make the purchase;
c. delivery of the product(s) ordered must be to the Entity's address in New Zealand;
d. you must be authorised to use the Entity's credit card used to make the purchase; and
e. references in these terms and conditions to "you" include the Entity (as defined above).
2.5 By purchasing from the Kite Surf Nelson Online shop, you warrant that you meet the relevant conditions set out in clauses 2.3 and 2.4 above.
2.6 When making a purchase from the Kite Surf Nelson Online shop, you must provide all required information (including your name, contact details, and credit card details) or we might not be able to process your order.
2.7 At our discretion, you may not be able to proceed with any purchase on the Kite Surf Nelson Online shop which exceeds our current limits on volume or total value.
2.8 All orders are subject to the availability of Products. If for any reason a Product is not available, we will endeavour to notify the non-availability on the Kite Surf Nelson Online shop.
2.9 Where Products are listed on Kite Surf Nelson Online shop with an incorrect price or with incorrect information, we reserve the right to cancel your order for those Products (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.
2.10 Although we endeavour to accurately display and describe the colours of the Products, we do not guarantee the colour of any product delivered to you will exactly match the colour of any image of that Product on the Kite Surf Nelson Online shop (as the colours displayed on your computer system or in printed form will vary).
3. Price of Products and Payment
3.1 The price payable for Products ordered by you shall be the price displayed on the Kite Surf Nelson Online shop at the time your order is submitted (subject to clause 2.9 above), together with the applicable delivery charges. Unless expressly stated otherwise, all prices displayed on Kite Surf Nelson Online shop are stated and payable in New Zealand dollars and include GST. All international purchases will be charged to your credit card at the exchange rate applicable at the time of purchase.
3.2 Products displayed on Kite Surf Nelson Online shop, and their prices, are subject to change without notice.
4. Delivery & Title
4.1 We will endeavour to despatch your order within 2 business days once we have confirmed that we have accepted your order and received all amounts payable for your order. If we are unable to despatch your order within this time frame we will endeavour to contact you and advise you of the expected despatch date. We will endeavour to provide you with email confirmation of despatch within 24 hours of despatch.
4.2 Delivery costs will be added to the total order cost.
4.3 Deliveries are made by courier throughout New Zealand on a business day to business day basis. Once your order has been accepted, your order should be delivered the following business day if you are in the South Island, and within 2 working days for the North Island. Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery. We do not deliver to PO Box or Private Bag addresses.
4.4 Title to, and responsibility for, each Product you order from the Kite Surf Nelson Online shop to you when the Product is delivered to you.
4.5 Where you believe that incorrect Products have been delivered, you must contact us with any such claim within 3 days of delivery and you must provide us with a reasonable opportunity to investigate that claim.
5. Liability and warranties
5.1 We will meet our responsibilities under the Consumer Guarantees Act 1993, subject to clause 6.2 if you are purchasing the Product for the purposes of a business. Without limiting our responsibilities to consumers, our warranties, guarantees, and liability to you in connection with your use of the Kite Surf Nelson Online shop and your purchase or use of the Products are limited and excluded as described in our website terms and conditions.
5.2 If you are purchasing the Product for the purposes of a business, you agree that the Consumer Guarantees Act does not apply, and, to the maximum extent permitted by law, our liability to you, or anyone claiming through you, will be limited at all times to the purchase price of the Product to which your claim relates.
6.1 You may return a Product to us:
where the Product fails to work upon delivery to you as a result of a manufacturing defect or if the Consumer Guarantees Act is otherwise relevant (an "Out Of Box Failure") provided that you have followed all of the manufacturer's instructions and recommendations for the configuration and initial use of that Product.
6.2 If you wish to return a Product to us under clause 6.1, then (without limiting our responsibilities under the Consumer Guarantees Act) you must call us on 03 548 5958 within 7 business days of receiving the Product to arrange for it to be returned.
6.3 If we accept your returns claim for an "Out of Box Failure", you will be responsible for costs relating to returning the product to us
6.4 Any outstanding call or data credit on any Product you return to us through an "Out of Box Failure" return is not transferable.
6.3 Products returned through an "Out of Box Failure" return will only be accepted by us if:
a. you return the Product with your warranty receipt, order number, and the completed an "Out of Box Failure" returns.
b. except for any relevant "Out of Box Failure", the Product has not been damaged (for example, liquid or impact damage);
c. the Product is returned in "as new" condition together with all original packaging and accessories; and
d. you comply with the instructions you receive from us.
6.4 All Products you wish to return to us remain at your risk until they are delivered to Kite Surf Nelson or Kite Surf Nelson's agent.
6.5 If we accept your claim for an "Out of Box Failure" return, we will, according to your instructions on the "Out of Box Failure" returns form, replace the Product or reimburse the credit card account through which your purchase was originally processed and, where relevant, meet any responsibilities we have under the Consumer Guarantees Act.
6.6 If your "Out of Box Failure" claim is denied for any reason (for example, if your Product has sustained impact or other damage that we are not responsible for), we will return that Product to you without replacement or refund.
6.8 For all warranty repair requests and enquiries, please call us on 03 548 5958 for further instructions. All warranty repair requests will be subject to, and must be made in accordance with, the manufacturer's warranties, and will be subject to any exclusions, limitations, and other conditions set out therein.
8.1 We reserve the right to change these terms and conditions from time to time by publishing the changed terms on the Kite Surf Nelson Online shop. When revised terms and conditions are published on the Kite Surf Nelson Online shop, all orders submitted by you after the revised terms and conditions are published shall be subject to the terms and conditions as revised.
8.2 If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
8.3 We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control.
8.4 You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any Products you purchase from us.
8.5 These terms and conditions (and any orders to/from the Kite Surf Nelson Online shop) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms and conditions (and any orders from the Kite Surf Nelson Online shop).