TERMS AND CONDITIONS OF SALE – “THE AGREEMENT”
IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions (“the Conditions”) upon which Speednet Communications LTD trading as GolfBallsNZ (“GolfBallsNZ”) of 7H Clearwater Cove, West Harbour, Auckland (“Us”/”We”/”Our”) contracts with You as a consumer NOT dealing in the course of a business (“You”/”Your”/”Yourself”) for the sale or the supply of goods and services, namely Golf Equipment, Apparel and Accessories (“Goods”) in accordance with the Conditions. All orders are accepted by Us and are subject to the following Conditions:
- 1 You may make an order via Our website.
- 2 All orders which are accepted by Us shall be subject to these Conditions and no contract shall be deemed to be in place until We have accepted Your order. An order is not accepted until Your credit/charge/debit card is processed. Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your request has been received and does not in any way denote acceptance of Your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable Us to evaluate and/or process the order. If You wish to cancel Your order or return Goods please see Our cancellation and returns terms below.
- 3 You will be advised if an item is out of stock. You may be offered an alternative product if one is available or You may cancel Your order.
2 Payment and Prices
- 1 All prices are quoted in NZ Dollar and do not include cost of delivery and packaging.
- 2 Payment shall be made at the time that the order is placed. Payment may be made by major credit card and debit cards: Visa and Mastercard as well as American Express. Goods will not be despatched until We are in receipt of cleared funds.
- 3 Prices quoted are inclusive of GST and are current at the time of publishing. While every endeavour will be made to maintain them at their present low level We reserve the right to effect changes without prior notice. Prices will be as confirmed by Us when Your Order is confirmed.
- 4 We reserve the right at any time to correct clerical omissions and errors without any liability on Our part.
- 5 We reserve the right to request additional information for the purpose of payment authentication. Such requests will only ever come from Our Aftersales team and any information provide will be treated as strictly confidential.
3 Ownership of the Goods
- 1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when the Goods have been delivered to You and We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods and in respect of any other agreements between You or Us.
- 1 New Zealand delivery will normally be made within 5 business days after the order is accepted Monday to Friday and We will normally despatch Goods by first class post or courier to the north and south islands..
- 2 Time for delivery shall not be of the essence. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused or non delivery of Goods. We will take reasonable steps to notify You within 14 days of order confirmation if Goods will not be shipped as ordered.
- 3 When Goods are delivered to You, You should carefully check the documentation to ensure that the number and contents of the packages due to be delivered corresponds to the number and contents of packages received.
- 4 If You believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, You must report these to Us within two working days of receipt of the Goods and this must be confirmed in writing and any damaged Goods returned to Us. Please see our return terms below.
- 5 We reserve the right not to accept bulk orders or orders for resale.Where we do accept we will contact customer to pay the additional delivery cost associated with delivering a bulk order.
- 6 We reserve the right to request additional payment for shipments that incur unusually high costs. In these instances, the order will be placed on hold and you will be contacted by a member of our customer service team.
5 Right to Cancel and Returns
- 1 Provided You are a private consumer You may cancel any order made by You via Our website at any time within 14 days of receipt by You of the Goods. This Condition extends your statutory rights of cancellation. If You wish to cancel this contract and return Goods, You must notify Us either by e-mail to sales@GolfBallsNZ.co.nz. Once you have submitted you request to cancel the contract, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period of 14 days has expired. Return shipping costs will only be refunded where We have sent faulty Goods in error.
- 3 If you cancel this contract, we will reimburse to you, all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- 4 Goods which are returned to Us must be accompanied by a copy of Your delivery note or a covering letter stating Your name, address and order number and reason for return.
- 5 Any returned item lost, damaged or defaced in transit to Us will not be credited. If You have not received an acknowledgement or credit note from Us within 14 days You should notify Us.
- 6 Any returned items must be returned at your own cost and must be packed in its original packaging and suitably labelled. Goods must be returned in the same condition that they were in when despatched to you.. We recommend that You use a reputable courier or Recorded Delivery. Please retain any proof of posting, receipt or tracking number for any item returned as We cannot accept responsibility for Goods until signed for by Us.
- 7 Unless expressly authorised by Us in writing, any Goods can only be returned for credit if unused (subject to Condition 8.2), complete and in the original packaging. Please note: If You return Goods (which are not faulty) for exchange We will charge You for shipping the new Goods back to You.
- 8 Subject to Your statutory rights of cancellation and Our extended cancellation terms as set out at Condition 5.1, an order can only be cancelled at Our discretion. On no account can cancellation be accepted for items sourced specially by Us on Your behalf which is not advertised on Our website.
6 Faulty Goods
- 1 All Goods come with a 12 month guarantee backed by the manufacturer.
- 2 In relation to faulty Goods:
- 2.1 For purchases under 14 days old (from date of despatch by Us), We will exchange the item at Our expense.
- 2.2 For purchases over 14 days old (from date of despatch by Us) and less than 12 months please send back the item. We will contact the relevant manufacturer who will inspect the item and at their discretion, they will either repair, replace or return the item to You (We will return the item if We feel there is no manufacturing fault). If the manufacturer determines the items is faulty, then We will reimburse reasonable costs that were incurred when the item was returned (upon production of valid receipts).
- 2.3 We accept no responsibility for Goods not received or damaged in transit.
7 Goods advertised
- 1 While every effort has been made to portray items accurately on Our website and other advertising materials, slight variations may occur.
- 2 All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow.
- 3 Please note there may be variations in colours dependant on the calibration and settings of individual screens/prints.
10 Limitation of liability
- 1 Subject to Conditions 10.3 and 10.4 below and save as otherwise expressly provided in these Conditions, all warranties, Conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law.
- 2 Subject to Conditions 10.3 and 10.4 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct or indirect result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. We shall not be liable for incidental or consequential damages for any breach hereof.
- 3 Conditions 10.1 and 10.2 do not apply where You deal as a consumer to the extent that such exclusions or limitations are not permitted by law.
- 4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence.
- 5 Save where expressly provided otherwise in these Conditions, subject to condition 10.4 Our entire liability under or in connection with:
- 5.1 any order or the Goods shall not exceed the price of the Goods; and
- 5.2 any award or redemption of the Loyalty Points shall be limited to crediting You with the Loyalty Points in the event that such points were incorrectly deducted or should have been credited but were not.
- 1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
- 2 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties.
- 3 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
- 4 We reserve the right to randomly monitor and record Our inbound and outbound calls.
- 5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of Our rights hereunder.
- 6 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- 7 This Agreement shall be governed by and construed in accordance with the laws of New Zealand whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.