Terms & Conditions
Online Terms and Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by Active Nation Limited ("Active Nation", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.activenation.co.nz ("the website"). They are effective from August 1st 2016 and will replace all earlier Active Nation Limited terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supplyAll orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery and delivery chargesPrices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
PricingAll prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment optionsWe accept the following payment options Credit Card (Visa, MasterCard and American Express) via Stripe, bank transfer, Paypal and Laybuy.
Shipping and DeliveryActive Nation's primary priority is to make you, our customer, happy. Complex and exorbitant freight charges and nasty surprises in shopping carts don't do this so we've made shipping simple and fair.
- Friendly Freight Charges - We've partnered with New Zealand's largest freight aggregator to ensure you always get the best price on freight. Freight is calculated on checkout based on your order volume by our online calculator.
- Turnaround and Arrival Times - On order placement Providing the goods are showing as in-stock on our website our priority is to get them out of our warehouse within 24 hours (Saturday, Sunday and Public Holidays excluded). We aim to have your order with you within 2-3 business days from time of order.
- Order Tracking - order tracking is simple and the moment your order is dispatched, tracking advice will be dispatched to your nominated email address, so you track your order all the way to your doorstep.
Refund, Returns and Exchange Policy
Active Nation not only stands behind and understands every product we sell, but your happiness is our primary priority. So, if for any reason you are not completely satisfied with your purchase we will give you a 30-day money-back guarantee from the time you receive the goods. Please email us at email@example.com within that time if you are not satisfied with your purchase so that we can resolve any problems.
Our ultimate objective is satisfying our customers and our philosophy revolves around total customer satisfaction and as such here are our simple, straightforward, happiness-inducing Refund and Returns Policies:
Change of Mind Refunds - we understand that every now and then you buy product and then change your mind. In this case please e-mail us at firstname.lastname@example.org and let us know how we can help, and let's see if we can come to a happy resolution. We're happy to offer a refund on the product (product only, refund does not extend to freight costs) if you get in touch with us within 30 (thirty) days of receipt of your order*.
Exchange Warranty - we've all done it, clicked the wrong button and purchased the wrong colour, size or type. No stress, simply e-mail us within 30 (thirty) days of receipt of your order at email@example.com and let us know, and we're happy to quickly exchange the product for the one you wanted (subsequent to any refunds payable by us, or payments required by you if applicable) once Active Nation receive your returned product.
*This refund policy does not apply to goods which have been removed from their original packaging or carton, worn, used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken.
All products must be returned in their original condition.
All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered Post and that you pre-pay all postage.
You assume any risk of lost, theft or damaged goods during transit and therefore advise you take out shipment registration of insurance with your postal carrier. Active Nation will not be responsible or parcels lost or damaged in transit if you choose not to insure.
Liability LimitationWhere you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdictionUnless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.activenation.co.nz
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.