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This website is operated by SportZone.co.nz (“SportZone”, “we”, “us” or “our”).
These Terms of Service (“Terms”) govern your access to and use of SportZone.co.nz, including purchases made through our online store.
By accessing our website, creating an account, placing an order or otherwise using our services, you agree to these Terms together with any policies incorporated into them, including our Refund Policy and Privacy Policy.
Please read these Terms carefully before using our website or placing an order.
Nothing in these Terms is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded under New Zealand law, including applicable rights under the Consumer Guarantees Act 1993 (“CGA”), Fair Trading Act 1986 (“FTA”) and Contract and Commercial Law Act 2017 (“CCLA”).
Our online store is hosted using the Shopify e-commerce platform.
You must have legal capacity to enter into a contract to place an order through SportZone.
If you permit a minor to use this website, you are responsible for their use of the website to the extent permitted by law.
You must not use our website, products or services:
We may suspend or restrict access to our website where reasonably necessary to protect SportZone, our customers, our systems or third parties.
SportZone is an online retailer.
Products displayed on our website may be supplied or fulfilled through different warehouses, distributors and suppliers.
We make reasonable efforts to ensure that product information, specifications, images, pricing and availability are accurate.
However, inventory and product information may occasionally be affected by supplier updates, warehouse discrepancies, inventory synchronisation delays, technical errors or other genuine mistakes.
Product images are intended to represent products as accurately as reasonably possible. Colours and appearance may vary depending on screen settings, manufacturing variations and other factors.
Material product characteristics will be described as accurately as reasonably practicable.
When you place an order through SportZone, you are requesting to purchase the products identified in your order subject to these Terms.
You are responsible for ensuring that:
After an order is submitted, you may receive automated communications confirming receipt, payment status or processing.
These communications form part of our order-processing system and must be read together with these Terms.
Receipt of an order by our website does not guarantee that every product will ultimately be available for fulfilment.
Orders remain subject to:
SportZone may accept, decline or cancel an order in accordance with these Terms and applicable law.
Where an order proceeds to fulfilment, SportZone will arrange for the relevant product to be dispatched.
Nothing in this section limits rights arising under applicable New Zealand law.
SportZone operates using multiple inventory and fulfilment sources.
We make reasonable efforts to keep website inventory accurate. However, circumstances may arise where a product shown as available becomes unavailable after an order is submitted.
This may occur because of:
Where SportZone discovers that a product cannot reasonably be supplied, we may contact you, offer a suitable alternative where available, or cancel the affected item or order and provide the applicable refund.
You are not required to accept an alternative product.
SportZone may cancel an order, or an affected part of an order, before fulfilment where there is a legitimate reason why the transaction cannot reasonably proceed.
This may include:
Where an affected order has already been paid and SportZone cancels it because we cannot fulfil it, SportZone will initiate a refund of the applicable amount to the original payment method.
Nothing in this section gives SportZone a right to cancel an order where cancellation would breach a mandatory right or remedy available under applicable New Zealand law.
SportZone uses automated systems to process orders and send notifications.
Automated emails may include:
Occasionally, an automated notification may use a generic status description that does not fully explain the underlying reason for an order status or cancellation.
Where this occurs, SportZone Customer Care can provide clarification.
An incorrect automated status description does not change the actual underlying circumstances of an order, but SportZone will take reasonable steps to correct materially inaccurate information brought to our attention.
Unless otherwise stated, prices displayed on SportZone.co.nz are in New Zealand dollars (NZD).
Prices may change from time to time.
A price change does not ordinarily affect an order that has already been validly processed at the applicable price, except where a genuine and obvious pricing or technical error has occurred or otherwise permitted by law.
SportZone does not intentionally advertise products at prices that we do not intend to honour.
Despite reasonable care, genuine errors may occasionally occur in:
If we identify a material error before fulfilment, we may contact you and explain the issue.
Where appropriate, we may offer you the opportunity to proceed on corrected terms.
You are not required to accept materially changed terms.
Where the transaction cannot reasonably proceed because of the error, SportZone may cancel the affected item and refund any applicable payment, subject to New Zealand law.
Payment must be made using a payment method accepted through our checkout.
Payment transactions may be processed by independent payment providers.
A bank may initially display a transaction as pending or authorised.
A pending authorisation does not necessarily mean that SportZone has captured or received those funds.
Where an order is cancelled before payment is captured, the customer's bank, card issuer or payment provider determines when the pending authorisation is released.
Where SportZone has captured payment and subsequently cancels an order that cannot be fulfilled, we will initiate the applicable refund.
SportZone may use reasonable fraud-prevention and transaction-security measures.
We may request additional information where reasonably necessary to verify:
We may hold, decline or cancel an order where there are reasonable grounds to believe that the transaction is fraudulent, unauthorised or presents a material security risk.
Any personal information collected for these purposes will be handled in accordance with our Privacy Policy and applicable law.
Delivery estimates displayed on our website or provided after purchase are estimates unless expressly stated otherwise.
Actual delivery times may be affected by:
SportZone will comply with applicable obligations concerning delivery under New Zealand consumer law.
Customers must provide a complete and accurate delivery address.
Please contact us promptly if tracking indicates delivery but you have not received your parcel.
Orders containing multiple products may be dispatched separately.
Products may originate from different warehouses or fulfilment locations and therefore may:
Separate deliveries do not necessarily mean that any part of an order is missing.
Returns, change-of-mind requests, refunds, damaged goods and related matters are governed by our Returns, Refunds & Order Cancellation Policy.
That policy forms part of these Terms.
Where there is any inconsistency between our voluntary returns policy and a mandatory consumer right under New Zealand law, the applicable statutory right prevails.
SportZone provides eligible customers with a voluntary 30-day change-of-mind return option subject to the conditions contained in our Refund Policy.
Change-of-mind rights are separate from statutory remedies relating to faulty or non-compliant products.
SportZone may impose reasonable conditions on voluntary change-of-mind returns, including applicable restocking and return-delivery costs as described in our Refund Policy.
Where the Consumer Guarantees Act 1993 applies, products supplied by SportZone carry the guarantees required by that Act.
Depending on the circumstances, these include guarantees concerning:
Where a statutory guarantee is not met, the remedies available depend upon the circumstances and seriousness of the failure.
Nothing in these Terms excludes, restricts or modifies rights under the CGA where doing so would be unlawful.
Products may also include a manufacturer's, supplier's or SportZone warranty.
Warranty periods vary between products.
Any express warranty offered by SportZone is in addition to, rather than a replacement for, statutory rights that apply under New Zealand law.
For warranty assessment, SportZone may reasonably request:
SportZone will not require evidence that is unreasonable or irrelevant to assessing a claim.
Where goods or services are acquired for the purposes of a business, different statutory rules may apply.
Where permitted by New Zealand law and where the statutory requirements for contracting out are satisfied, SportZone and a business customer may agree in writing that specified provisions of the Consumer Guarantees Act 1993 and/or Fair Trading Act 1986 will not apply to a business-to-business transaction.
Nothing in these Terms automatically contracts out of legislation where the legal requirements for doing so have not been satisfied.
Customers are responsible for using products:
Some products may require installation by a qualified or licensed professional.
SportZone is not responsible for damage caused by misuse, unauthorised modification, improper installation or use contrary to instructions, except to the extent that liability cannot lawfully be excluded.
Our website may integrate with third-party services, including payment providers, delivery services, applications and technology platforms.
Those third parties may operate under their own terms and privacy policies.
SportZone is not responsible for the independent operation of third-party websites or services except where applicable law makes SportZone responsible.
Our website may contain links to third-party websites.
A link does not necessarily constitute an endorsement.
SportZone does not control independent third-party websites and is not responsible for their content, security, privacy practices or independent services.
You should review the relevant third party's terms before using its services.
Unless otherwise stated, content created or owned by SportZone on this website, including branding, text, graphics, logos, layouts and original website content, is owned by or licensed to SportZone and is protected by applicable intellectual-property law.
You may use the website for personal and legitimate commercial purchasing purposes.
You may not reproduce, distribute, commercially exploit or republish SportZone-owned content without permission, except where permitted by law.
Third-party product names, trademarks and images remain the property of their respective owners.
If you voluntarily submit a review, testimonial, photograph, suggestion or other content to SportZone, you confirm that:
To the extent necessary to operate, promote and improve SportZone, you grant us a non-exclusive licence to reproduce and display content you submit, subject to applicable privacy and intellectual-property law.
SportZone may moderate content where reasonably necessary, including content that is unlawful, abusive, fraudulent, spam, irrelevant or infringes third-party rights.
We will not manipulate customer reviews in a manner that creates a misleading overall impression.
Personal information submitted through SportZone is handled in accordance with our Privacy Policy and applicable New Zealand privacy law.
Please review our Privacy Policy for information regarding the collection, use, disclosure, storage and protection of personal information.
We aim to keep SportZone.co.nz available and functioning reliably.
However, we cannot guarantee uninterrupted availability.
We may temporarily restrict access for:
Nothing in this section affects statutory rights relating to products or services already purchased.
You must not use SportZone.co.nz:
We may restrict access where reasonably necessary in response to prohibited conduct.
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms excludes or restricts any mandatory rights or remedies available under applicable New Zealand consumer law.
To the maximum extent permitted by law, SportZone will not be liable for losses that:
Any limitation of liability contained in these Terms applies only to the extent permitted by law.
To the extent permitted by law, you agree to indemnify SportZone against reasonable losses, liabilities or costs arising directly from:
This indemnity does not apply to losses caused by SportZone's own unlawful conduct, negligence where liability cannot lawfully be excluded, or circumstances where enforcement would otherwise be prohibited by law.
SportZone will not be responsible for delay or failure to perform an obligation to the extent caused by circumstances genuinely outside our reasonable control, subject to any mandatory rights available under applicable law.
Such circumstances may include:
We will take reasonable steps to minimise the effect of such circumstances where practicable.
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue to apply.
If SportZone does not immediately enforce a provision of these Terms, that does not mean we waive the right to enforce it later.
A waiver is effective only to the extent expressly given.
These Terms, together with policies expressly incorporated into them and the material terms of the applicable order, constitute the agreement between SportZone and the customer regarding use of the website and relevant purchase.
Nothing in this section excludes liability for representations or conduct where liability cannot lawfully be excluded.
You may stop using SportZone.co.nz at any time.
SportZone may suspend or terminate website access where reasonably necessary because of:
Termination of website access does not remove rights or obligations arising from orders already placed except as otherwise permitted by these Terms or law.
SportZone may update these Terms from time to time to reflect changes to:
The current version will be published on SportZone.co.nz with its latest revision date.
Changes will apply prospectively from their effective date unless applicable law permits or requires otherwise.
Changes to these Terms do not retrospectively remove rights that have already arisen under an existing transaction.
These Terms are governed by the laws of New Zealand.
Nothing in this section prevents a consumer from exercising any statutory right regarding jurisdiction or dispute resolution that cannot lawfully be excluded.
If you have a concern about an order or our service, please contact SportZone Customer Care first so we have an opportunity to investigate and resolve it.
We aim to resolve genuine customer concerns fairly and efficiently.
Nothing in this section prevents a customer from exercising rights available under New Zealand law, including access to the Disputes Tribunal, courts, regulators or other legally available dispute-resolution mechanisms.
Questions regarding these Terms of Service can be sent to:
SportZone Customer Care
Email: info@sportzone.co.nz
Website:
https://www.sportzone.co.nz
Contact page:
https://sportzone.co.nz/pages/contact
SportZone is committed to complying with applicable New Zealand consumer law.
These Terms should not be interpreted as excluding, restricting or modifying any statutory guarantee, right or remedy where doing so would be unlawful.
If a provision of these Terms conflicts with a mandatory requirement of New Zealand law, the mandatory legal requirement will prevail.
