TERMS & CONDITIONS
Version 2017-1; posted and effective as of 1/09/2017.
New Zealand – TYR.co.nz eCommerce Terms and Conditions
These Terms and Conditions establish the conditions for sales made between any individual wishing to make a purchase of TYR products (‘Products’) from the website www.tyr.co.nz (the online store).
The Online Store is owned by and operated by Brandex Adventure Sports (NZBN 9429033815138), 204 Cumnor Tce, Woolston, Christchurch, New Zealand (‘TYR’, ‘we’ or ‘us’ as the context may require).
We will communicate with you electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
- About These Terms and Conditions
We may change these Terms and Conditions from time to time. We will state the effective date above. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date.
BY PLACING AN ORDER FOR PRODUCT(S) YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS.
Information contained in TYR’s advertising, brochures or other written materials, or on other TYR websites or given to you, is for information only and is not a representation or warranty (unless set out in these Terms and Conditions) and is not an offer to supply any Product(s).
- Placing an Order
Please note that orders can only be placed by non trading individuals. We will not accept orders from individuals who are resellers, orders placed by companies or associations or any other kind of legal entity. Please also note that we only deliver Products within New Zealand.
To be able to buy Product(s) you have to:
- provide your name and address, delivery address in New Zealand, phone number, email address, payment details and other required information;
- be at least 18 years of age; and
- be the owner or authorised holder of a valid debit or credit card.
You may place an order by clicking on the ‘Add to Cart’ button and proceeding to the checkout page.
- Order Processing and Contract conclusion
You agree that your order is an offer to buy the Product(s) listed in your order under these Terms and Conditions. No contract is formed until we accept your order.
We have an absolute discretion as to whether to accept orders. We will not accept abnormal orders, orders which we suspect are not placed in good faith, orders where we cannot verify the details you provide, orders which have not been placed by individuals or orders placed by individuals we think are resellers. We will not accept an order if the Product is not in stock or if the price displayed on the Online Store is not the current price. We are not required to provide a reason for declining to accept any order.
We will send you an order confirmation by email with your order number and details of the Product(s) you have ordered.
Conclusion of a contract for the purchase of the Product(s) incorporating these Terms and Conditions will take place the moment we send the order confirmation email to you.
The order confirmation email is your proof of purchase, please store it as we will not archive your contract.
- Prices, Discount Codes, Shipping and Handling charges and Taxes
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order confirmation email.
We may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Prices for the Product(s) include GST or other applicable taxes but do not include charges for shipping and handling.
Separate charges for shipping, handling and their related GST or other taxes will be shown in the Online Store during the ordering process and on the order confirmation email.
In case certain costs cannot be reasonably calculated before the conclusion of the contract. In this case you will be informed about the manner in which the total price will be calculated.
All offer codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.
We deliver Product(s) only in New Zealand subject to the following restrictions:
We are unable to deliver to:
- overseas addresses;
- hotels and hostels; and
- Waiheke Island addresses
Delivery options are as follows:
- Regular: delivery time of 1 to 2 business days for business address, 2-3 for residential address. Allow additional 1-2 days for Rural delivery addresses
Delivery date will not exceed 30 business days, unless you specifically agree to a later date.
The delivery package will be returned to us if you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered Product(s) to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery.
We are entitled to cancel the contract if the Product(s) remain undelivered after the first delivery attempt for a period of 7 days and are returned to us undelivered. In this case we will provide a refund to you in accordance with the provisions of clause 9.
We shall not be held responsible for delayed delivery or failure to perform, if the delay or failure is neither due to our fault nor for our account pursuant to the law or generally accepted principles.
We encourage you to examine the delivery package and received Product(s) within 14 days after they are delivered to you and check their condition and that the content of the delivery package is complete. Please contact our Customer Service team on +64 3 3812190 in the case of damaged or missing Product(s).
- Product(s) Availability
We do not guarantee the availability of any Product(s) in the Online Store.
We reserve the right, without liability or earlier notice, to change, discontinue or to stop making available any Product(s).
TYR shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
- Compatibility, Product Information
Please take care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information) the compatibility of Product(s) as shown on the Online Store at the time of purchase will be seen as taking precedence.
Payment by credit/debit cards shall be made by a credit or debit card approved by TYR. Approved credit and debit card types are listed in the Online Store. You have to supply your payment card details when you place your order. Your credit card may not be accepted if:
- the name on the credit card does not match the billing name given; or
- the billing address given does not match the bank records. Your payment card will be charged on shipment of the ordered items.
We will not supply the items to you until your card issuer has authorised the use of your card for payment of the ordered Products. As your order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
All payments will be subject to security checks. We may contact you to confirm your order information and order details such as proof of address, in the name of the person indicated for the delivery address.
- Return and refund
Please note that we will only process returns and refunds for Product(s) bought in the Online Store.
If you want to cancel the contract and return the Product(s) you may do so provided you return the Product(s) within 30 days after the date on which you receive the Product(s) and correctly follow the instructions in the return section of the website.
In the case of a contract relating to multiple Product(s), your cancellation right will expire within 14 days after the date on which you receive the last Product.
You may only return Product(s) over which you have taken reasonable care and which you have not used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s). You will be liable for any diminished value of the Product(s) resulting from your handling of the Product(s) other than what is necessary to establish the nature, characteristics and proper functioning of the Product(s) you bought.
PLEASE NOTE THAT YOU CANNOT EXERCISE THIS RIGHT OF CANCELLATION IN RESPECT OF:
- ANY PRODUCT(S) WHICH HAVE BEEN MADE TO THE CONSUMER’S SPECIFICATIONS OR CLEARLY PERSONALISED; OR
- ANY SEALED UNDERWEAR PRODUCT(S) WHICH WERE UNSEALED AFTER DELIVERY.
Visit the returns section of our website and follow the step by step guidelines.
You must return the Product(s) in their original package.
You must include all accessories, user manuals and any free gifts that came in the same package.
Where a Product has been purchased as a part of a product bundle, all products within that bundle must be returned.
Please treat the Product(s) with reasonable care and return them in the condition that they were delivered to you.
Please pack the Product(s) securely in their original packaging and make sure that your order number is clearly visible on the outside of the parcel.
To ensure fast and secure return we encourage you to follow the given return instructions.
We will refund up to the price you paid for the Product(s) plus the initial shipping cost within 14 business days from the day on which we receive the return delivery from you.
The refund will be confirmed by email.
Payment will be carried out with the same means of payment as you used for the initial transaction.
If you return Product(s) :
(a) that you are not entitled to return;
(b) that you damaged or used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s);
(c) with Product(s) missing; or
(d) have otherwise failed to exercise reasonable care when taking care of and returning Product(s),
we reserve the right either to reject your return and decline to refund or to reduce the amount to be refunded to you for the diminished value of the Product(s), subject to applicable law.
Other return cases: If the Product(s) you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our Customer Service team on +64 3 3812190 for assistance.
- Warranties and Statutory Rights
Our Product(s) come with guarantees that cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product(s) repaired or replaced if the Product(s) fail to be of acceptable quality and the failure does not amount to a major failure.
We may also provide a written warranty. Any written warranty we provide will not affect your New Zealand Consumer Law rights and remedies. When a written warranty is provided, the warranty period, warranty conditions and the person providing the warranty relating to your purchase will vary according to the Product(s) you have purchased.
We accept liability for any applicable New Zealand Consumer Law guarantee which cannot be excluded but otherwise where permitted by law:
(a) we exclude all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions;
(b) you agree that we will not be liable for any loss, expense or injury (including any indirect or consequential loss, loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused arising directly or indirectly from or in connection with your purchase of Product(s) or these Terms and Conditions; and
(c) our liability to you for loss or damage of any kind arising out of these Terms and Conditions or your purchase of a Product will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
(d) our liability is limited to repair or replacement of the Product or the payment of the cost of replacing or repairing the Product or of acquiring an equivalent Product.
- Personal Data
We will take reasonable care to keep the details of your order and payment secure, but (in the absence of material negligence on our part) we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
- Our Liability
To the extent permitted by law, these Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Products. and there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Terms and Conditions. We are not responsible for ensuring that the Product(s) are suitable for your particular purposes and we are not liable for any losses related to any business of yours such as lost data, lost profits, lost revenues or business interruption.
You should take all reasonable steps and precautions to ensure that the Product(s) you order are suitable for your purposes. You must follow any advice that we give you in relation to Product(s) (including instructions, user guides and/or manuals provided with Product(s)). We do not accept liability for damage to Product(s) that we have supplied where caused by your failure to follow our advice.
We use our reasonable endeavours to verify the accuracy of information that is displayed on the Online Store but we cannot guarantee that information disclosed will always be accurate and complete. It is possible, for example, that Product images and packaging may not always match Products supplied. If you have any questions or concerns in this regard, please contact us before ordering any Product(s). Also, pricing mistakes may occur from time to time, in which case we may cancel any orders being processed or accepted by us. We will correct errors on our Online Store as soon as possible after becoming aware of them.
- Operation of Online Store
We make no warranty that the Online Store will meet your requirements, that access to it will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Online Store. We will not be responsible for any loss of your data or for any infection of your computer or IT systems as a consequence of your accessing the Online Store. You are responsible for conducting appropriate scans for viruses and other harmful programs.
The Online Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Online Store and any transactions conducted on or through the Online Store.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
- Customer Service
Our Customer Service will assist you with any Online Store order related questions. You can contact us by phone +64 3 381 2190 or email firstname.lastname@example.org
- Governing law
These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand.