Terms of service

OVERVIEW

This website is operated by NZBike.co.nz, also known as NZBike. Throughout the site, the terms “we”, “us” and “our” refer to NZBike.co.nz. NZBike offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
- By agreeing to these Terms of Service, you represent that you are legally capable of entering into a binding contract in your jurisdiction, or that you have obtained parental or guardian consent if you are not of legal age to form a binding contract.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
- We reserve the right to refuse Service to anyone for any reason at any time.
- At NZBike, we prioritize the security of your personal information. It is important to understand the nature of data transmission and encryption on our website. While all credit card information is securely encrypted during transfer over networks, ensuring the highest level of protection for your sensitive payment details, other types of content you provide may not be subjected to the same level of encryption. This non-sensitive data may be transferred unencrypted and could undergo (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We take careful measures to protect all data, but we want our customers to be fully informed about the differing security protocols for various types of information transmitted through our site.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
- The headings used in this agreement are provided for convenience and ease of navigation only and shall not affect the interpretation or construction of these Terms. They are not intended to be full descriptions of the content of each section, nor are they to be considered part of the Terms of Service for the purposes of its interpretation or application.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

- Please be aware that we do not guarantee the accuracy, completeness, or currentness of the information available on our site. The content provided is intended for general informational purposes only and should not be the sole factor in making important decisions. We advise consulting more precise, complete, and timely sources of information before making such decisions. Reliance on any information provided by our site is strictly at your own risk.

- Our site also includes historical information, which is provided for reference purposes only. This historical data may not reflect the most current state of affairs. While we strive to keep our content updated, we are under no obligation to immediately update information on our site. It remains your responsibility to stay informed of any changes or updates we may make to the content on our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
- Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

- We at NZBike assert our right to regulate the sale of our products and services. This includes the authority to restrict sales to certain individuals, geographic areas, or jurisdictions, a decision we may make on an individual basis according to our discretion. Additionally, we retain the right to limit the available quantities of any of our products or services.

- Product descriptions and pricing are subject to change without prior notification, and such changes are solely under our control. Furthermore, we hold the authority to cease the availability of any product at our discretion, and any product offers on our site are invalid where prohibited by law.

- While we strive to provide high-quality products and accurate service, we cannot guarantee that the quality of products, services, information, or other materials purchased by you will meet all your expectations, or that any service errors will be rectified.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

- We retain the discretion to decline or cancel any orders placed with us. This includes the right to limit or cancel quantities purchased by an individual, household, or per order basis. Such restrictions may apply to orders under the same customer account, credit card, and/or utilizing identical billing or shipping addresses. Should we modify or cancel an order, we will attempt to notify you using the contact details provided at the time of the order. Furthermore, we reserve the right to refuse or limit orders that appear to originate from dealers, resellers, or distributors.

- You are expected to provide accurate, complete, and up-to-date information for all transactions at our store. This includes timely updates to your account details and contact information, ensuring effective transaction processing and communication.

For more details, please review our Refund Policy

SECTION 7 - OPTIONAL TOOLS
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
- Certain content, products and Services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Check our Privacy Policy for more information about third-parties.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

When you submit comments, ideas, suggestions, or other materials to us, whether solicited or unsolicited, you grant us the right to use, modify, distribute, and publish such submissions without any restrictions or compensation to you. We are not obliged to maintain the confidentiality of these submissions, compensate for them, or respond to them.

We may, at our discretion, monitor and remove content that we deem inappropriate or offensive, or that violates any intellectual property rights or these Terms. Your submissions should respect third-party rights and not contain harmful or illegal content. We are not responsible for and assume no liability regarding the content or accuracy of submissions made by you or any third party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
- Occasionally, our site or services may contain errors or inaccuracies, including those related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

-While we are not obligated to update information except as required by law, we encourage users to report any inaccuracies they encounter for correction.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NZBIKE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our liability for any damages, whether direct or consequential, arising from your use of our Service or products, is strictly limited to the extent permissible under New Zealand law. This limitation applies to all claims related to errors, loss of data, or other damages incurred through the use of our Service or products.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NZBIKE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
Obligations and liabilities incurred prior to the termination date will persist after termination. You may terminate these Terms by notifying us of your intention to discontinue using our Services. Conversely, we reserve the right to terminate this agreement at any time without notice if we determine that you have violated any Terms, with you being liable for all due amounts up to the termination date. Subsequent to termination, we may deny you access to our Services.

SECTION 17 - ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@nzbike.co.nz