Terms&Conditions

Terms and Conditions

  1. Introduction

1.1 This website (electricbikesauckland.co.nz) is owned and operated by the Supplier.

1.2 By purchasing Goods from the Supplier, the Customer agrees to and accepts all of the following terms and conditions (Terms). These Terms, which incorporate the Supplier’s Privacy Policy and other documents referred to within these Terms, govern the supply of any Goods ordered by the Customer on this website and the Customer’s use of this website. By browsing, accessing, using this website or Ordering any Goods, the Customer agrees to be legally bound by these Terms.

1.3 These Terms may be varied, amended, added or removed by the Supplier at any time. Any changes made to these Terms will take effect

1.3 These Terms may be varied, amended, added or removed by the Supplier at any time. Any changes made to these Terms will take effect from the time that they are retrieved from the Supplier’s website.

 

  1. Orders and Delivery

2.1 The Supplier will use its reasonable endeavours to fulfil any Order, but it reserves the right to cancel an Order at any time, for reasons including but not limited to the following: unanticipated stock shortages, clerical errors in pricing and/or colour or size availability, stock found to be faulty, damaged or unsaleable for any reason. 

 

2.2 Once an Order is made, it cannot be changed or varied except with the Supplier’s written consent.

2.3 If any Goods are noted as being not in stock, the Supplier shall use its reasonable endeavours to ensure that Goods are delivered within 10 Working Days of receiving the Goods in stock from its suppliers and shall advise the Customer on estimated delivery times. The Supplier has no liability to fulfil orders in circumstances where no further stock is available to the Supplier, of a Product or a variant of the Product. 

2.4 The Supplier does not keep stock of all products listed on this website at any given time. Any information regarding product availability is based on information provided by the Supplier’s suppliers; the Supplier does not take responsibility for any errors or omissions from the Supplier’s suppliers.

2.5 Any delivery times stated are estimates only. The Supplier shall use its reasonable endeavours to fulfil those delivery times, however the Customer agrees the Supplier shall not be liable for loss or damage directly or indirectly incurred from any delay or failure to deliver within the estimated time frames.

2.6 Delivery shall be deemed to have occurred when the Supplier or the Supplier’s nominated carrier has delivered the Goods to the Delivery Address or, in the event that Goods cannot be delivered to the Delivery Address, when the Goods are available for the Customer to collect from any alternate location. 

2.7 The Customer is responsible for checking that all Customer supplied details, including the Delivery Address, are correct at the time of placing the Order. If the Customer supplies an incorrect Delivery Address, the Supplier may charge the Customer all reasonable costs associated with any re-delivery.

2.8 Details of Goods not received or incorrect Goods received must be sent in writing to the Supplier within 5 Working Days of Delivery together with the order number, and Customer’s name and billing address. The Supplier shall have no liability for Products that are damaged, missing, mishandled or incorrectly delivered while in the care of the Supplier’s nominated carrier, and instead are claimable with the carrier, where the Supplier will assist with claims where applicable.

2.9 Retention of Title:  It is expressly agreed that ownership is reserved and legal and equitable title to and property in all Products supplied or agreed to be supplied by the Supplier is and remains vested in the Supplier until payment in full has been received by the Supplier in respect of such Products. 

 

  1. Pricing and Payment

3.1 All Prices are in New Zealand dollars (NZ$) and include GST. The Prices do not include any other taxes, duties, customs or other charges, including any other taxes, duties, customs or other charges for any Delivery Address outside of New Zealand.

3.2 The Supplier’s delivery charges for delivering the Goods are not included in the Price, unless expressly agreed or advertised. All delivery charges are calculated at the time the Customer enters the Delivery Address, and advised to and accepted by the Customer prior to finalising the Order.

3.3 Payment to the Supplier for the Goods and delivery charges is to be made in full  at the time of placing the Order.

3.4 The Customer acknowledges that the Customer’s financial services or payment provider may charge currency conversion and administration fees on purchases and any refunds that the Supplier provide. In the event of any refunds, the exchange rate used to determine the quantum of the refund shall be the prevailing rate at the time the refund is made (not the original exchange rate).

  1. 3.5 Unless specified otherwise, special offers cannot be combined with items already on sale.Risk

4.1  Any risk associated with the use, storage, transport or otherwise relating to the Goods shall pass to the Customer immediately upon Delivery.

  1. Acknowledgements by Customer

5.1 The Customer acknowledges and agrees that:

(a) It is the Customer’s responsibility to ensure that any advice provided by the Supplier is appropriate for the Customer’s circumstances. The Customer is solely responsible for the actions the Customer takes on advice provided by the Supplier.

(c) The Customer is responsible for ensuring that any Goods are correct and suitable for the Customer’s purpose prior to purchase or using the Goods, and for the care and maintenance of the Goods from the time of Delivery including ensuring the Goods are used and maintained in accordance with any instructions or other information provided by the Supplier or manufacturer.

  1. Returns

6.1 The Customer is advised to select ordered Goods carefully, as the Supplier’s refund policy does not permit refunds if the Customer has changed their mind. The Supplier has no liability for Goods that have been incorrectly Ordered.

  1. Limitation of Liability

7.1 Where the supply and acquisition of any Goods is found to be in trade as defined in section 43(2) of the Consumer Guarantees Act 1993 (CGA), the parties agree that the provisions of the CGA and the Supplier’s Limited Warranty shall not apply to that transaction. Otherwise, these terms shall be read subject to the CGA and, in the case of any conflict, the provisions and due process of the CGA shall apply.

7.2 Where the purchase of any Goods is found to be in trade as defined in section 5D of the Fair Trading Act 1986 (FTA), the parties agree that sections 9, 12A, 13 and 14(1) of the FTA shall not apply to that transaction.

7.3 No representation, condition, warranty or promise (expressed or implied) other than those required by law apply to each and every sale of new Goods, except where expressly agreed by the Supplier in writing, or as expressly specified in the Limited Warranty applicable to the specific Product in question. Warranty of any Good is subject to normal use. It is the Supplier’s sole discretion before acting on any claim of faulty goods.

7.4 If the Goods are faulty, the Supplier will meet its obligations under the CGA. It is at the discretion of the Supplier to determine fault. Any faulty goods must be returned to the Supplier within 20 Working Days of Delivery, with the order number, Customer name, and billing address included.

7.5 Upon accepting the fault of a good, the Supplier firstly has the option to repair the faulty good or replace it for the same item. If the Supplier cannot repair or provide a replacement, the Customer will receive a credit or refund, including the original delivery charges.

7.5 Upon receiving Goods reported as faulty, the Supplier reserves the right to conduct its own assessment of the alleged faults, in accordance with the CGA. At the Supplier’s discretion, the Product in question may be repaired, replaced, credited or refunded (including the original delivery charges and surcharges that applied at the time of sale). 

7.6 The Supplier’s warranty is limited to replacing or repairing any faulty Goods returned to the Supplier in accordance with these Terms, provided that the Supplier is satisfied that the defects were defects owing to workmanship, quality or assembly faults.. No warranty applies if Goods fail because of user abuse, lack of maintenance, incorrect fitting, or incorrect use of Goods. The warranty covers only replacement or repair of the Good itself. The Supplier shall not be liable for any financial or other losses or damages sustained by the Customer, including but not limited to, repair, inspection, removal, replacement costs, or any charges for purchase of replacement Goods. The Supplier’s liability in any event will not exceed the Price of the Goods.

7.7 The Supplier is not responsible for:

(a) Reimbursement or compensation for transport costs resulting for the return of faulty Products to the Supplier, or lost Goods returned to the Supplier. The Customer is advised to insure any return package.

(b) Any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to its Goods or associated transport of Goods.

(c) Any decision made or action taken by the Customer or anyone else in reliance upon the information provided by the Supplier.

(d) Fitting and use of Goods other than in accordance with the manufacturers’ specifications. It is the Customer’s sole responsibility to check the Goods are correct and suitable for the purpose required.

7.8 The information on this website is provided for general information only. The Supplier has provided this information to users in good faith and with every best effort to accuracy, and shall not be liable for any errors or omissions in the information or any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.

7.9 The Customer agrees to indemnify the Supplier against all liabilities, losses, claims and expenses suffered or incurred by the Supplier, and all claims and demands made against the Supplier, arising directly or indirectly out of the Customer’s use of the Goods or this website, any breach of these Terms, or the delivery or failure to deliver any Goods.

  1. General

8.1 Third Party Websites: This website may contain links to supplier or other third party websites. These websites have not been prepared by and are not controlled by the Supplier. They are provided for convenience only, and do not imply that the Supplier checks, endorses, approves or agrees with them.

8.2 Copyright: All content on the website is copyrighted and may not be modified, reproduced or publicly displayed, or distributed or used for any public or commercial purposes, without the prior written consent of the Supplier.

8.3 Entire Agreement: These Terms are the entire agreement between the parties, and shall not be varied except as expressly agreed by the Supplier in writing.

8.4 Severability: The illegality, invalidity or unenforceability of any term of these Terms and conditions does not affect the legality, validity or enforceability of any other term.

8.5 Governing Law: The parties agree to be governed by the laws of New Zealand and to submit to the exclusive jurisdiction of the New Zealand courts.

  1. Definitions and Interpretation

9.1 Definitions: In these Terms, unless the context requires otherwise:

Customer means the person who places an Order for Goods from the Supplier.

Delivered means the point in time when delivery is deemed to have occurred in accordance with clause 2.

Delivery Address means the address where the Goods are to be delivered, as advised by the Customer at the time of making an Order.

Goods means all goods, parts, chargeable services, labour, and products supplied by the Supplier to the Customer from time to time.

GST means any goods and services tax or other similar tax which applies to the supply of the Goods (or any of the Goods) pursuant to the laws of New Zealand.

Order means an order for Goods which is made (through the Supplier’s website) by the Customer and which the Supplier agrees to supply; and Ordered shall be construed accordingly.

Price means the price of the Goods as displayed on the Supplier’s website at the time of the Order.

Supplier means Electric Bikes New Zealand Limited and includes its assignee or any trading names embedded.

Working Day has the meaning given to that term in section 4 of the Property Law Act 2007.

9.2 Interpretation: In these Terms, unless the context otherwise requires:

(a) Where the context permits, the singular includes the plural and vice versa.

(b) References to any party means the party referred to and include the successors, executors, administrators and permitted assignees (as the case may be) of that party.

(c) All references to legislation are (unless stated otherwise) references to New Zealand legislation and include all subordinate legislation, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.

(d) A reference to the word “include” or “including” is to be interpreted without limitation.

(e) References to a “person” include an individual, firm, company, corporation or unincorporated body of persons, any public, territorial or regional authority, any government, and any agency of any government or of any such authority.

9.3 Contracting out: Nothing in these Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 except to the extent permitted by law, and the provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.

 

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