Action Outdoors Terms and Conditions 2019

 

 

TERMS AND CONDITIONS...

 
Where the seller accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
 
Any condition contained in the buyer's order which is inconsistent with qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
 
Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts a cancellation the seller may levy a handling charge of up to 15% of the price.
 
Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
 
Formation of Contract
 
The seller's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. The seller's acceptance occurs (and the contract is formed) when the goods are despatched to the buyer.
 
Delivery
 
The seller reserves the right to despatch the buyer's order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered instalments.
 
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
 
The seller will select the method/type of delivery. The Seller will determine applicable delivery fees to apply. Where the buyer requests another method of delivery (eg Saturday or urgent delivery) and the seller agrees in writing then the buyer shall meet the cost of that delivery.
 
Depending on the makeup of your order and your delivery location we will use our best judgement to select the most cost-effective delivery option for you. Through our years of experience, we know that some of our products are best handled by specific carriers and in the interests of delivering your order in the best possible condition and timeliness, we will choose these carriers even if their charges are higher than other options available.
Before your order leaves our premises we undertake a number of internal quality control checks on each component of the order. These checks will make sure that the goods leave our premises in pristine condition. Despite the best efforts of our chosen transport providers, it is essential that you take every opportunity to inspect the products for damage prior to accepting the receipt of them from the delivery driver. In the worst-case scenario, you should note any signs of damage to the external packaging on the drivers run sheet or consignment note.
In the unlikely event that damage does occur to your order, we will exercise every effort to process a claim with the transport company on your behalf in a professional and above all prompt fashion.  Please note that all deliveries are conducted under the Carriage of Goods Act 1979 - if you require further information about this then simply contact one of our team who will be happy to answer any questions you may have.
 
Returns
 
Where you believe it is necessary for you to return a product to us, for whatever reason you must first contact us either by phoning (09) 829-2308 during normal business hours (Monday – Friday 9.30 am – 5.00 pm), or by email to sales@actionoutdoors.kiwi  We will discuss the reason for return and if appropriate issue you with a returns authorisation number.

In the event that you have simply changed your mind about a product, you have purchased you have five working days from the date of order to advise us.  We will only accept its return if the original packaging is intact and that you meet the return freight costs. Once we have received the returned product it will be assessed and only if it is in a condition that allows us to resell it in new condition will a refund be issued. All such returns will be subject to a 10% administration and re-stocking fee or $10.00 whichever is more. In addition, our costs associated with freighting the product to you where the value of your order qualified for free delivery will be deducted from the refund.

If a product is faulty then we will seek to either find a local repairer who can make good any fault or if necessary liaise with you to arrange the return of the product to us. Once the nature of the fault has been established we will either repair or replace at our choice so long as the fault is deemed to be under the terms of the warranty applicable to the product. If the product fault is deemed to be genuine then we shall bear the cost of return freight to and from our premises.

We recognise the importance of happy customers and aim to find speedy solutions to all problems, howsoever caused.

 
Shortages, Damages or Loss in Transit
 
Liability for shortages in the number of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
 
Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
 
Prior to acknowledging delivery to the carrier, the buyer must ensure that the complete consignment as per the carrier's note has been received.
 
Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
Within 7 days of receipt of the consignment, the buyer must ensure that all goods received are in good order and condition.
 
No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.
 
Return of Goods for Credit or Refund
 
Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.
 
Requests to return goods must be submitted within 5 days from the date of supply and the original invoice number must be quoted. Goods must then be returned to our warehouse within 7 days of us agreeing to credit or refund the goods. If they are returned later than this, we will not be able to process this request.
 
Where goods are accepted (for credit or refund at the seller’s discretion) they must be delivered at the buyer's expense into the seller's store in original condition and packaging.
 
The seller reserves the right to levy a restocking fee against any returns the seller may agree to accept. Such fees may be up to 10% of the invoice price and levied at the seller's absolute discretion.
 
Seller's Liability and Maintenance Guarantee
 
The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and the seller is under no liability if they are not.
 
The buyer is entitled to only such benefits as the seller may receive under any guarantee given to the seller by the manufacturer of the goods.
 
Where goods are returned for warranty purposes the buyer shall pay for all shipping expenses required to deliver the goods to and from the seller's store in original packaging.
 
The seller is not responsible for any shipment, administrative, manufacturing or other delays incurred while the goods are not in the possession of the seller.
 
Once the goods are inspected the manufacturer may deem any reported defect a result of misuse or causes other than those covered by the warranty, the judgment of the manufacturer is considered correct and final and cannot be disputed by the buyer or the seller. Where the cause of the defect is not covered by the warranty the buyer is liable to pay for all expenses incurred by the seller during the entire claim process, in addition to any costs and penalties charged to the seller by other parties such as the manufacturer.
 
In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 3 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. The seller shall not be liable for consequential, indirect or special damages or loss of profits under any circumstances. At the termination of the appropriate period (i.e. guarantee period or 3 months as indicated above) all liability on the seller's part ceases.
 
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
 
The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it is agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.
 
Property and Risk
 
Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer.
 
Ownership of all goods sold by the seller ("the goods") is retained by the seller until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
 
Until full payment is made the buyer agrees to:
 
Enable the goods to be readily identifiable as the property of the seller.
Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
On a sale or other realisation of the goods, the buyer shall identify and separately account for the proceeds of the sale. Prior to the buyer acquiring property in any goods the seller may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then:
 
The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,
The buyer will reimburse, indemnify and hold harmless the seller, its employees and agents in respect of any costs (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the seller's remedies and,
The seller may cancel any or all contracts with the buyer and the seller will not be liable to the buyer, therefore, and,
All money owing by the buyer to the seller on any account whatsoever shall become immediately due and payable, and,
The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit or Refund above. Any excess after satisfying all of the buyer's payment obligations (including under the indemnity) will be paid to the buyer.
 
Errors or Omissions
 
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
 
Description of Products
 
Modifications and improvements to the seller's products are constantly being made. Also, the seller relies on information from its suppliers and product manufacturers. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action.
 
Force Majeure
 
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by a natural disaster, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.
 
Compliance
 
The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
 
Disputes and Proper Law
 
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996. The contract including these terms and conditions of sale shall be governed by New Zealand Law.
 
Payment Methods
 
Full payment must be received by the seller before the goods can be shipped to the buyer. This payment includes the agreed sale price of the goods in addition to shipping and handling costs.
All prices are GST inclusive.
 
Payment methods currently accepted include:
 
Direct transfer to the seller's bank account.
Credit Cards via DPS, provided the seller pays for the transaction costs (about 4% of the total transaction amount).
The seller reserves the right to keep the goods in possession until all cheques are cleared and any transactions are completed.
 
IF THE PRODUCT YOU LIKE IS ON THE WEBSITE BUT YOU WISH TO MAKE A PHONE ORDER - ALL PHONE ORDERS THAT ARE PAID BY CREDIT CARD WILL HAVE 3% ADDED ONTO THE TOTAL. 
 
Terms and Conditions Change Notice
 
All the terms and conditions are subject to change without notice.