Terms and Conditions – PLEASE READ CAREFULLY
1. Terms of the Contract
1.1. Any Goods supplied by us to you shall be subject to these Terms unless we agree in writing to change them. If you accept Goods from us, that action by you will be deemed to be acceptance of these Terms, despite anything that may be stated to the contrary in your enquiries or your order.
2.1. The price for Goods will be either the price agreed by us on our website or quoted to you in writing. Special conditions may apply in respect of Non-Standard Products, which will be advised to you following receipt of your order, and which will be deemed to have been accepted by you unless you notify us of your non-acceptance within 7 days of the conditions being advised to you.
2.2. Despite clause 2.1 above, unless otherwise agreed in writing, any agreed or quoted price may be altered before delivery of Goods to you if our costs fluctuate materially after the date of quotation. Further, agreed or quoted prices only apply to the total quantities, delivery dates and other terms specified in the quotation.
2.3. We may withdraw a quotation before it is accepted and, in any event, a quotation will lapse, without notice, 30 days after it is given.
2.4. All prices are shown in New Zealand dollars (NZ$) and include GST (which is currently 15% sales tax - if the GST rate changes we reserve the right to immediately amend our prices accordingly).
3.1. Unless we have agreed in writing to extend credit to you, you must pay for Goods in full before delivery.
3.2. Where we have agreed to extend credit to you, you must pay for Goods in full, without deduction or set-off, by the date agreed upon or date of invoice. Your payment is made only when funds have fully cleared through the bank system into our bank account.
5. Risk and delivery
5.1. Delivery of the Goods will take place when they are received by a carrier for delivery to you, or the time they are received by you or your agent, whichever is earlier. When you ask us to deliver Goods directly to another person, that person takes possession of the Goods for you as your agent.
5.2. (a) We will make every effort to ensure delivery of Goods is on time. However, we shall not be liable to you for any failure to deliver on a specified date or within a specified period, however that failure was caused.
5.2. (b) We are not responsible for Courier delays. We work hard to send out orders in a prompt and timely manner. However, we are not affiliated with the courier company and cannot guarantee an exact timeframe. If an item is lost in transit, we will only refund the order once an official enquiry has been logged and reimbursed.
5.3. Delivery times given on this website are indicative only. Your order will be dispatched from Action Outdoors or one of our local suppliers. If we are unable to supply your item we will refund your order promptly. We will not be liable for any failure to observe delivery times but will try and contact you by phone or email if any late deliveries are anticipated. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from this website once that commitment has been made for any reason, including without limitation, due to any delay in delivery.
Currently, Action Outdoors Ltd will only ship to addresses within New Zealand, including outer islands. We do not ship internationally.
5.4. As some courier companies do not ship to PO boxes, we recommend you provide either a residential or commercial shipping address when placing online orders.
5.5. Our Shipping rates are indicated on the product page and in the “basket”, it is up to you to select the proper rate regarding your item’s weight and size. Action Outdoors reserves the right to increase shipping, if need be, you the customer, will be informed in writing or receive verbal confirmation.
If your article is damaged upon arrival, please notify us at [email protected] or contact us at 09 886 35 25
6. Returns and Cancellations
6.1. Goods may be returned for credit only if we have agreed in writing; returns are based on the discretion of Action Outdoors. If the customer and Company are in agreeance, goods must be received by us at our premises where they were despatched from within 10 days after delivery and in the same condition as they were delivered to you. Returned Goods must be sent at your expense, with a copy of the original packing slip or invoice.
If we made an error in your order, we will refund the full purchase price plus return shipping costs for that item. We pride ourselves on quality control and check all products to the best of our ability before sending them out. In the rare instance that an item is faulty, we will refund your payment and along with any postage that you have had to pay to, return to us upon receipt of the item. Please note that we cannot be held responsible for any parcels sent to us that get “lost in the post”. We also reserve the right to reject any returns if we deem the item not to be shop worthy. If we send or you order the wrong product, you must return it to us as soon as possible. Products must be in their original packaging (sealed) and unused condition. If a return is accepted 15% restocking fee will be deducted.
6.2. You may not cancel an order for Goods, wholly or partly, without our written consent. As a condition of giving our consent, we may require reimbursement of any costs (including materials, handling fees and labour) incurred by us in connection with the order up to the date of our consent.
6.3. In addition to our rights under clause 3.3(a) above, we may cancel or suspend an order for Goods, wholly or partly and without liability to you, if fulfilling the order becomes impractical or uneconomical due to any cause. Also, if we reasonably believe that the information which you have given us in your credit application is not correct or no longer correct, or if you default under any agreement with us, or become insolvent or commit any act of bankruptcy, or a receiver, a receiver and a manager, liquidator or administrator, or statutory manager is appointed to you or a receiver, receiver and manager, mortgagee or chargee takes possession of any of your assets or undertakings or you make or attempt to make an arrangement or composition with your creditors.
6.4. In the unlikely event that the goods are unavailable, we reserve the right to refuse or cancel an order. We also reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to have been placed fraudulently.
While we endeavour to ensure that the price and description of goods or services are accurate, if there is an error in the process of listing a product or service on our website or a technical error in the processing of your order, we reserve the right to refuse or cancel the order.
We do therefore reserve the right to cancel any such orders for which pricing was wrong or inaccurate without further notice to the customer and refund these payments promptly.
7. Consumer Guarantees Act 1993
7.1. If the CGA applies, these Terms shall be read subject to your rights under the CGA.
7.2. Where you are acquiring the Goods for the purposes of a business (as provided in sections 2 and 43 of the CGA), the CGA shall not apply.
7.3. Where clause 7.2 above applies and you are acquiring the Goods for the purposes of resale, your terms of trade apply to the resale (and, if your customers acquire the Goods for the purposes of resale, their terms of trade and the terms of trade of each other person in your distribution chain) must include a provision having the same effect as that clause. You agree to indemnify us, on demand, against any liability under the CGA because of any failure by you, our customers or any other person in your distribution chain to include such a provision.
7.4. We do not undertake that repair facilities and parts will be available for the Goods, and section 12 of the CGA will not accordingly apply where the requirements of that section are satisfied.
8. Warranties and liability
8.1. We will replace or, at our option, repair Goods manufactured by us:
(a) which are accepted to have been defective at the time of supply free of charge, provided that you notify us in writing of the defect in sufficient detail for the Goods and the defect to be clearly identified within seven days after delivery, return the Goods to us at our premises where they were despatched from or to an authorised repairer nominated by us for the purpose at your expense.
(b) that has any defect in materials or workmanship that breaches the terms of any written guarantee and/or warranty attached to the Goods, provided that you notify us in writing of the defect prior to the expiry of the written guarantee or warranty period. Any claims not notified to us in writing within the above timeframes shall be irrevocably waived.
8.2. Where Goods are subject to a separate supplier's or manufacturer's guarantee or warranty, we will, where we are able to do so, pass on the benefit of that guarantee or warranty to you without us being directly liable to you.
8.3. We shall not be liable for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions, misuse, or any alteration or repair of the Goods not authorised by us or for any defect arising from a drawing, design or specification supplied by you.
8.4. To the fullest extent permitted by law:
(a) our liability under these Terms is in substitution for, and to the exclusion of, all other warranties, representations, conditions, or obligations imposed or implied by law, statute or otherwise in relation to the Goods; and
(b) all liability for any indirect, special, or consequential loss or damage of any kind, including where it arises out of our negligence, is expressly excluded.
8.5. Where you are acquiring the Goods for the purpose of resale, your terms of trade applying to the resale shall contain a provision having the same effect as clause 8.4.
8.6. We will not be liable for any loss or damage whatsoever suffered by you because of any act, omission or statement made by us, our employees, contractors, or agents, whether negligent or not, except that nothing in these Terms limits any liability imposed by any statute unless or to the extent that it is lawful to do so.
8.7. Despite any other provision of these Terms, to the fullest extent permitted by law our maximum liability arising out of the supply of Goods will, at our election, be limited to the amount paid for the specific Goods, the replacement of the Goods or the supply of equivalent Goods.
9. Personal Property Securities Act 1999
9.1. You acknowledge and agree that, by accepting these Terms, you grant us a security interest over the Goods and their proceeds (by virtue of the retention of title in clause 4 above), including over Goods delivered to you on consignment.
9.2. You undertake to:
(a) do all acts and provide us on request all information we require to register a financing statement or financing change statement on the Personal Property Securities Register; and
(b) advise us immediately in writing of any proposed change in your name or other details on the Personal Property Securities Register.
(a) waive your right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.
(b) waive your rights and, with our agreement, contract out of your rights under sections 116, 119, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA; and
(c) agree that nothing in sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA shall apply to these Terms and, with our agreement, contract out of such sections.
9.4. Unless the context otherwise requires, the terms and expressions used in this clause 9 have the meanings given to them in, or by virtue of, the PPSA.
10. Privacy Act 1993
10.1. You and any guarantor (if relevant) authorise us to collect and hold personal information from any source we consider appropriate to be used for credit, administration, service, and marketing purposes. You further authorise us to disclose personal information held by us for these purposes to any other person.
10.2. You understand that you have a right of access to, and may request correction of, personal information held by us about you.
11. Intellectual property
11.1. Neither we nor our suppliers transfer to you any right, title or interest in any copyright, trademarks, patents, or other intellectual property rights in or relating to the Goods.
11.2. You warrant that any designs, drawings, or specifications which you provide to us will not infringe any intellectual property rights of any third party, and you agree to indemnify us, on demand, against any liability we may suffer as a result of our use of those designs, drawings and specifications.
12. General terms
12.1. We may amend or substitute these Terms from time to time by notice to you in writing.
12.2. No delay or failure by us to exercise our rights under these Terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.
12.3. If a court decides that part of these Terms is unenforceable, the part concerned shall be deleted from the rest of these Terms, which will then continue in force.
12.4. These Terms bind you both personally and as trustee of any trust of which you are trustee.
12.5. These Terms will be interpreted in accordance with and governed by the laws of New Zealand, and the New Zealand Courts will have non-exclusive jurisdiction in respect of all matters between us.
13. Defined terms and interpretation
13.1. In these Terms, unless the context otherwise requires, the following words have the following special meanings: "CGA" means the Consumer Guarantees Act 1993; "Goods" means all bait and tackle items, fishing nets, twine; all rope and cordage products, including aquaculture rope and cordage, general rope and cordage, industrial and safety braids, leisure marine rope, cordage, packaging and lashings; and any other goods supplied by us to you at any time, including on consignment, sent from our suppliers, including any goods described by item or kind on any relevant order form, packing slip or invoice, on the basis that each such order form, packing slip or invoice shall be deemed to be incorporated in and form part of these Terms, and (except where the context otherwise requires) any services supplied by us to you whether in conjunction with the supply of goods or otherwise; "Non-Standard Products" means Goods that are not generally held by us in stock; "PPSA" means the Personal Property Securities Act 1999; "Terms" means these terms of trade (as amended or substituted from time to time); "we", "our", and "us" means Action Outdoors Limited; and "you" and "your" means the applicant and/or any party acquiring Goods from us, as the case may be.
13.2. For convenience, these Terms have been grouped under different headings, but the headings do not affect the meaning of these Terms. 13.3. In these Terms references to any law include any law that amends or replaces it and any subordinate legislation made under it from time to time.
14. ERRORS AND OMISSIONS
14.1. While we endeavour to supply accurate information on this site, errors and omissions may occur. Action Outdoors specifically disclaims any liability or responsibility for any errors or omissions in the content on the site whether Action Outdoors is aware of such errors or omissions or not.
14.2. An order placed by you on the Action Outdoors site is an offer by you to purchase a particular product. Action Outdoors reserves the right to accept or reject your order for any reason, including, without limitation, an error in your order or in the material on the site, or the unavailability of the product. The contract to purchase a particular product only comes into existence upon acceptance by Action Outdoors or its subcontractors of your order. Products are subject to availability. In the event of shortage, Action Outdoors may allocate sales and deliveries in its sole discretion.
Action Outdoors is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:
a. the performance of the product;
b. any fact, matter or thing relating to the products; or
c. any error in the information supplied to the buyer or a user at or after the date of the purchaser's or user's use of the product.
Action Outdoors may update or discontinue any product and/or revise prices for any product listed as available on the site at any time and without notice.