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Terms of Trade

Terms of trade

These terms and conditions ("Terms") are between the Company and the Buyer and apply to the Buyer's use and access to the website at [insert website address] ("Website") and the purchase by the Buyer of any Products from the Website.  Please read these Terms carefully before continuing to use the Website and/or ordering any Products from the Website.

Definitions

In these Terms unless the context otherwise requires:

  • •               "Buyer" or "you" or "your" means a person, company or other entity which buys Products from the Company (and includes Institutional Buyers).
  • •               "Company" or "us" or "our" or "we" means Xperience Sports Limited.
  • •               "Institutional Buyer" means schools, clubs, associations, organisations or companies as may be designated by the Company as an Institutional Buyer in its sole discretion.
  • •               "PPSA" means the Personal Property Securities Act 1999.
  • •               "Products" means the products and/or services purchased by the Buyer from the Company.

Content

The Website is intended to provide information to Buyers about our Products, enable Buyers to purchase Products via the Website and register on our database to receive email from us.  We reserve the right to make changes to these Terms and the content and prices on the Website at any time without notice. 

You may order Products through our Website from New Zealand, Australia or any other overseas jurisdiction. For orders that require delivery outside New Zealand (“Overseas Delivery”), non-standard shipping and delivery costs will apply. Where an Overseas Delivery is applicable, please contact us through the Website and we will provide you with a freight quote for your approval and confirmation before delivering the order.

Quotation

Institutional Buyers may request a quotation from the Company setting out the price, type and quantity of the Products to be supplied ("Quotation").  If the Quotation is acceptable to the Institutional Buyer, the Institutional Buyer may place an order in accordance with the Quotation within the time frame as given on the Quotation.

Acceptance

By using and accessing the Website and/or ordering any Products from the Website, the Buyer is deemed to have read, understood, accepted and agreed to be legally bound by these Terms which will apply with full force and effect between the Company and the Buyer.

Terms and Conditions

These Terms or any subsequent terms and conditions issued by the Company shall apply to all orders for the Products made by the Buyer.  It shall be the Buyer’s responsibility to ensure that these Terms are promptly brought to the attention of the appropriate staff of the Buyer.

Price

The price for Products shall be as indicated on the Website or in the relevant Quotation or invoice provided by the Company to the Buyer in respect of Products supplied ("Price").  In the event of any inconsistency between the Price on the Website and the Price specified in the Quotation or invoice, the Price set out in the invoice shall prevail.

The Company reserves the right to implement a surcharge for alterations to orders as requested by the Buyer after the order is placed with the Company.

Prices displayed are in $NZ and include GST.  All transactions are billed in $NZ 

Payment, Late Payment, Default of Payment and Consequences of Default of Payment

Buyers will make payment in full for Products prior to delivery of the Products.

Institutional Buyers will make payment for Products on or before the date set out in the relevant invoice or Quotation from the Company.  If no date is stated in the relevant invoice or Quotation, then payment shall be due immediately following delivery of the Products to the Buyer but in any event no later than two business days after the date of such delivery of the Products.

Institutional Buyers may apply for a credit account with us.  If the Company approves the Institutional Buyer as a credit account holder, the Company will notify the Institutional Buyer in writing of that fact.  For credit account holders, payment for Products is due on the 20th of the month following the month in which the order for Products was made.

The methods of payment will be by credit card (Visa, MasterCard), bank cheque, direct credit  to an account nominated by the Company in writing, or by any other method as agreed between the Buyer and the Company.  Your credit card details will not be processed or transmitted through our Website.  All transactions are processed through a secure payment service provided by Westpac Bank.  We use an Paystation payment gateway to provide this service and to host and manage the payment function of the Website.  All transaction sessions are stored and processed in encrypted strings.  Your credit card details will not be held by us and cannot be accessed by us.

Late payment by the Buyer shall incur default interest at the rate of 10% per annum calculated on a daily basis.  Such default interest shall be payable by the Buyer to the Company on any monies outstanding under the Terms from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.

Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Products to the Buyer and the performance of any of its other obligations under the Terms.  The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

In the event that:

A          any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or

B          the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

C          a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer,

then without prejudice to the Company’s other remedies at law, the Company shall be entitled to cancel all or any part of any order placed by the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing by the Buyer to the Company shall, whether or not due for payment, immediately become payable.

The Company may engage a debt collection agency to recover the balance of amounts due by the Buyer and add the service charges of the debt collection agency to the Buyer's outstanding balance.

Delivery

We will endeavor to pick and dispatch your order on the next business day following the date of your order.  All orders will be delivered to the physical address as notified in your order.  No order will be delivered to a postal address as all shipments will require a signature proof.

The delivery times for New Zealand deliveries will be as follows:

a)          to Auckland and the North Island – between 1-2 days from the date of despatch;

b)         to South Island – between 2-4 days from the date of despatch.

Any delivery times are an estimate only and not binding on us.  Any delay in delivery will not entitle you to cancel any order or refuse to accept delivery or make any payment.

Returns

The Company wishes to make the online shopping experience as easy and risk free as possible. We understand that sometimes things may not turn out as you expected.  

If you are dissatisfied with a Product or a Product is faulty or defective, you can:

a) Return the Product within 30 days of receipt of the order for repair or replacement of that Product; or

b) Cancel an order in full or in part within 5 days of receipt of the Product for a full refund of the Price of  the relevant Products,

provided that the Product must be in the same original condition as it was delivered and is unused and complete (including the original packaging in so far as reasonably possible).  Products cannot be returned if they have been modified, damaged,used, worn, engraved, re-sized or altered or any marks / taped on original product.

 If you would like to return a Product, contact the Company through the Website and we will notify you in writing of the address to return the Product to us.  The Company will inspect the returned Product and notify the Buyer in writing whether the Company accepts the returned Products, acting reasonably.  Where the returned Product is accepted, the Product will be either repaired or replaced by the Company at the Buyer’s option or the Buyer will receive a full refund of the Price of the Products, as applicable. Where the Product is not accepted, the Company will return the original Product to the Buyer. If a refund is payable to the Buyer, we will process the refund as soon as possible and in any case within 7 days from the date of receipt of returned Products by the Company.

For the avoidance of doubt, the delivery costs of a Buyer returning Products under this return policy shall be payable by the Buyer. This return policy applies in addition to, and does not affect, your statutory or contractual rights, including the consumer guarantees which are imposed by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

Registering online

The Buyer will ensure that all details provided on the Website are correct and accurate.  If your details change, you will update your details immediately in order for us to provide the best services.  Registration details can be updated in the My Account section on the Website.

Shipping

In addition to the Price, we charge shipping & handling  rates on the basis of each delivery address that Products are shipped to.

 

 

 

Indicative standard delivery rates (GST inclusive) for deliveries in New Zealand are as follows:

 

 

Shipping & Handling Cost

 

Total Order Amount

Auckland local/outer AKL

North Island

South Island

 

Up to $299

$5.75

$7.45

$9.30

 

$300-$500

$6.90

$8.60

$11.00

 

$501-$750

$8.05

$10.35

$15.50

 

$751-$1000

$9.20

$19.00

$25.00

 

More than $1001

Free

Free

Free

 

 

 

 

 

 

Add $6 if delivery is to a Rural Delivery address, which is shown on check out as handling, fees. Saturday delivery where applicable $5.00 on top of above shipping cost. No shipping will be done to PO Address it will be done only to physical address.

 

 

If the order falls outside the standard delivery charges outlined above or there are multiple carton charges applicable to your order, then we will provide you with a freight quote for your approval and confirmation before delivering the order.

NB:Individual Bulk items incur extra costs due to size and weight.

For the avoidance of doubt:

a)          for all orders exceeding a total order amount of $1001, standard shipping is free of cost; and

b)         the shipping rates set out above are an estimate only, are subject to change without notice and are not binding on us.

Most orders begin processing as soon as your online purchase is completed. If due to any reason the Product is not available then we will inform you of the approximate time it will be available.  If you still want to place the order then the payment will be kept on hold pending delivery of the order.  If you do not wish to proceed with the order, then the payment will be cancelled or returned by the Company to the Buyer as soon as reasonably practicable.

Dispute resolution

The Company and Buyer will endeavour to resolve any dispute between them by good faith negotiations before resorting to Court proceedings.  Any such attempt is without legal prejudice.

Reservation of title

The ownership and title of the Products remains with the Company until the price and all other monies owing by the Buyer to the Company under these Terms or any other arrangement have been paid in full by the Buyer.

PPSA

The Buyer acknowledges and agrees that the reservation of title clause above creates a security interest in the Products.

The Buyer hereby grants a security interest to the Company in each and every part of the Products as security for payment for those Products and for any other amounts or obligations owing by the Buyer to the Company from time to time.  The Buyer will not grant any other security interest or lien over the Products.

The Buyer will, at the Company’s request, promptly execute any documents, provide all necessary information and do anything else required by the Company to ensure that the Company has a perfected security interest in all the Products and a purchase money security interest in each and every part of the Products to the extent of the purchase price for that part and which will have priority over all other security interests in the Products.

The Company may at any time enter your premises and properties to uplift Products that we have a security interest in and the Buyer indemnifies the Company against any costs, losses, damages or expenses arising as a result of the Company taking any action pursuant to this clause.

The Buyer agrees, to the extent permitted by law, that the Buyer waives its rights under Part 9 of the PPSA and that where the Company has  rights in addition to those under Part 9 of the PPSA, those rights shall continue to apply.

You waive your right under the PPSA to receive a copy of any verification statement.

For the purposes of this clause, the terms "security interest", "perfected security interest", "purchase money security interest" and "verification statement" each have the meanings given to those terms in the PPSA.

Warranty

Nothing in these Terms is intended to have the effect of contracting out of or affecting any provisions or rights that you may have as a “consumer” under any statute.   Other than as expressly provided for in these Terms, to the fullest extent permitted by law, the Company excludes all warranties, conditions or obligations relating to the supply of Products by the Company imposed or implied by statute, common law, equity or otherwise.  Where the Buyer is acquiring the Products for business purposes, the Buyer agrees that all warranties, conditions and other terms implied by the Consumer Guarantees Act 1993 (“CGA”) or sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (“FTA”) or any other statute or common law are excluded from this Agreement to the fullest extent permitted by law.  Where applicable, the parties acknowledge and agree that: (i) the Buyer is acquiring the Products for the purposes of a business in terms of sections 2 and 43(2) of the CGA; and (ii) the Products are both supplied and acquired in trade for the purposes of the FTA and the parties agree to contract out of sections 9, 12A, 13 and 14(1) of the FTA. 

Liability

The Company shall not be liable to the Buyer for any loss, damage or liability of any kind whatsoever (including consequential loss or loss of profit or business) whether suffered or incurred by the Buyer or another person and whether in contract or tort, or otherwise and whether such loss or damage arises directly or indirectly from Products or services provided by the Company to the Buyer.

To the extent that the Company is liable for any reason for any loss suffered or liability incurred by the Buyer arising from any breach of these Terms by the Company or for any other reason, such liability is limited to the Price of the Products concerned.

For the avoidance of doubt, the Company shall not be liable to the Buyer for any loss, damage or injury caused to the Buyer’s employees, agents, contractors, customers or other persons.  The Buyer shall indemnify the Company against any claim by any such person.

Privacy Act 1993

The Buyer agrees that the Company may collect, hold and use the information that the Buyer has provided to the Company and the Company may use such information to carry out credit checks, administer the Buyer’s account including to collect any debts, provide the Products and services under these Terms and for keeping the Buyer up to date with the Company's Products and services.  The Buyer may access its information or request a correction to the information the Company holds, by contacting the Company through the Website.  The Company will collect, store, use and disclose all personal information that the Buyer discloses to the Company in a manner consistent with the requirements of the Privacy Act 1993, the Information Privacy Principles contained in the Privacy Act 1993 and the Company’s Security and Privacy Policy set out below.

Security and Privacy Policy

Your privacy is important to the Company and thus we have established practises that we believe are of a high standard and consistent with best practises of an organisation doing internet business.

We will not disclose your personal information to any third parties unless you have authorised us to do so in writing.

We will take reasonable steps to protect the security of the personal information we collect from you. You may access your information or request a correction to the information by contacting the Company through the Website.

When you place an order on the Website we will ask you to provide certain information required to process the order such as your name, address and email.  This personal information is treated as confidential. We share this information through Westpac bank and Visa, MasterCard, etc in order to process your order.

We do not rent, sell, trade or give your personal information to others.  Our Website uses cookies to shopping cart and retains personal preferences.

Any information collected through the Website is used exclusively for the purpose of processing orders, improving our services to you and your shopping experience and to communicate to you regarding Products and specials.

We endeavour to ensure that the information contained on this Website, including images is correct at the time of publishing.

Privacy of our Email Lists

Buyers can join our mailing lists and are added to our email database using the forms provided on the Website.  We do not sell, rent, loan, trade, or lease the addresses on our lists to anyone.

Unsubscribe Policy

We strive to only send e-mail to those who want to receive it.  If you do not wish to receive future e-mails from us, please respond to one of our emails with the word ‘unsubscribe’ in the subject line.

Governing laws

These Terms of Trade will be interpreted in accordance with New Zealand law, which will have non-exclusive legal jurisdiction over any dispute in relation to the Products and/or services or these Terms.

Disclaimer

The Company makes no representations or warranties, either expressed or implied, as to the accuracy of the information on the Website, or its fitness for any purpose whatsoever. In no event will the Company be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of the information held on this Website.

Images and descriptions are the copyright of the Company.  The material on this Website cannot be distributed, copied or reproduced without the prior permission in writing from the Company.