WIDE OPEN DISTRIBUTORS LIMITED GENERAL TERMS AND CONDITIONS
FOR THE SALES AND PURCHASE OF INTENSE CYCLES PRODUCTS.
You acknowledge that by accessing and using nz.intensecycles.com (Website) or associated websites you accept the following terms and conditions (“Terms”) and agree to be bound by them. If you do not accept these Terms, please refrain from using the Website.
These Terms represent a legally binding agreement between you and Wide Open Distributors Limited (“Wide Open, us or we”).
PRICING AND STOCK
Pricing: All New Zealand Dollar (NZD) prices displayed on the Website include GST (Goods and Services Tax). All prices are correct at the time of publication, however we reserve the right to alter the prices from time to time without notice. In the event that we elect to alter the prices after you have ordered a product and such alteration affects the price of the product ordered by you, we will contact you prior to processing your order to confirm whether you wish to proceed with your order at the altered price.
Product not in stock: In most cases we will dispatch the product on the same day you place your order and payment is received by us in full, however all sales are subject to availability of stock. From time to time we may run out of a particular product. We will contact you by email within 24 hours of the placement of your order if it is evident that a delay is likely, giving you the option to either cancel the order, or wait for replacement stock (if available). If you do not respond to our email within 48 hours, any product not in stock will be removed from your order.
Clearance and sale products: We reserve the right to offer special priced products and/or clearance deals on products (together referred to as “Specials”) from time to time. As the Specials may relate to products of which we only have limited stock, the products will be sold on a first in, first served basis. We reserve the right to limit the number of products purchased per customer for Specials.
EWAY & PAYPAL Payment System: EWAY & PAYPAL payment systems manages and processes payment methods for the purchase of Wide Open products via this Website. When purchasing a product you will need to enter your credit card details into the EWAY and/or PAYPAL payment system before your order is placed. All payments via EWAY & PAYPAL are processed using SSL (Secure Socket Layer) protocol, where sensitive information is encrypted to protect your privacy.
Credit Card Fraud: If you suspect there has been a fraudulent credit card transaction recorded in respect of the purchase of any products via the Website you must contact EWAY and/or PAYPAL directly to resolve your complaint. Wide Open will co-operate with EWAY & PAYPAL and any other Wide Open third party service providers to provide reasonable assistance in resolving any complaint.
Payment method: You consent to, and agree to abide by, the terms and conditions of the Wide Open payment method delivered by EWAY and/or PAYPAL. It is your responsibility to familiarise yourself with the terms and conditions of the EWAY and/or PAYPAL payment method.
DIRECT CREDIT Payment Method: If you opted to pay by Direct Credit, Wide Open will notify you with the necessary information to make a bank deposit.
No liability: Wide Open accepts no liability for any losses you may incur as a result of any breach of the payment gateways or your banks terms and conditions either by yourself or by the gateway provider or bank and if you have any complaints regarding the payment process you need to raise these with the gateway provider and/or your bank directly.
Copyright: The contents of this Website are copyright © 2017 Wide Open Distributors Limited. Any use of materials on this Website, including reproduction for purposes, modification, distribution, or republication, without the prior written permission of Wide Open is strictly prohibited.
Availability: Wide Open does not guarantee, represent or warrant the uninterrupted or error-free use of the Website and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond Wide Open and/or its service provider’s reasonable control.
No warranties: All reasonable steps have been taken to ensure the facts stated on the Website are accurate and reasonable. Neither we nor our contractors or employees will be responsible for inadvertent errors or misstatements or be liable for any loss or damage caused (whether direct, indirect, consequential, special, or loss of profits) out of the use of, or the inability to use, the materials on this Website. Except as expressly set out in these Terms, products supplied by Wide Open are supplied without warranties or guarantees of any kind other than those under the Consumer Guarantees Act 1993 (in New Zealand).
Representations: No agent or representative of Wide Open is authorised to make any representations, make any warranties or enter into any agreement not expressly confirmed by us in writing and we are not in any way bound by any such unauthorised statements nor shall any such statements be taken to form a contract or part of a contract with Wide Open collateral to these Terms.
Consumer Protection: You may in certain circumstances be entitled to the protection of statutory guarantees under the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986 in New Zealand in respect of the provision of any goods by us. Wide Open respects the rights afforded by the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Competition and Consumer Act 2010 and any valid claims under those enactments will be handled by Wide Open in accordance with those enactments.
CAUTION Bicycle Assembly: INTENSE CYCLES ARE PARTIALLY ASSEMBLED FOR DIRECT TO CONSUMER SALES, THE ATTACHMENT OF PARTS IN ACCORDANCE WITH THE MANUFACTURERS INSTRUCTIONS WILL BE REQUIRED. WE RECOMMEND THE USE OF A TORQUE WRENCH IN ACCORDANCE WITH ASSEMBLY INSTRUCTIONS.
WARNING Bicycle Assembly: IN THE INTERESTS OF SAFETY WE RECOMMEND THAT YOU HAVE THIS BIKE ASSEMBLED BY A SKILLED BICYCLE MECHANIC.
OWNERSHIP OF PRODUCTS
Title: Until we have received payment in full for the product purchased, the product remains the property of Wide Open.
DELIVERY AND RISK
Delivery: The product ordered will be delivered to you the best way depending on the product’s dimensions and weight. Additional charges and longer delivery times may apply depending on your location. We will notify you of any additional charges when we receive your order. Normal delivery time is 3 to 5 working days, depending on the size of the order and the courier or freight company used (together referred to as the “Delivery Company”). We will advise you by email on the day the product leaves our warehouse. The Delivery Company will require a signature to acknowledge receipt of the delivery.
Delivery locations: We only deliver to locations within New Zealand. We do not deliver to all addresses and may ask for additional delivery fees or have your product delivered to the nearest freight forwarders (our forwarders/courier) depot for you to collect.
Risk: The product purchased by you is at our risk for loss or damage until it is delivered to you. Delivery is deemed to have occurred as soon as the Delivery Company has delivered the product to the address you nominated when placing your order, or has been collected from your nearest freight forwarders. If you return the product to us in accordance with our policies relating to returns and exchanges as contained in these Terms, the product is at your risk until we receive it. Except where the product is delivered to you in a damaged state or not in reasonable working order, we will not accept any delivery forwarding or cash on delivery for returned goods nor will we refund any delivery costs relating to the returned product.
CANCELLATION OR VARIATION
Cancellation or variation of order: Unless any cancellation or variation of your order is accepted and agreed by us in writing, you will be held to your original order at the price quoted. If we accept a cancellation or agree to vary your order, then you agree to pay any reasonable cost of prior work we have carried out in meeting your order, including management, office administration or delivery charges.
Intense NZ will notify our NZ Retail Partners (if one in your region) who will contact you after online purchase to offer support with bike set up and a service plan. This may include a offer on select products.
Manufacturer’s warranty: Our listed products are backed by the manufacturer’s warranty. Any products for a warranty claim must be accompanied with proof of purchase and sent to us at Wide Open Distributors Limited, 21 Ti Street Rotorua, 3010, New Zealand or one of our Intense NZ partners for inspection and assessment. We will then seek a repaired or replaced product from the manufacturer if it is deemed the product is faulty or defective. Replacement products are subject to availability. Shipping and labour costs are not covered under any warranty. Any warranty may be voided by damage to or misuse of the product, or problems caused by inadequate packaging or storage. Please make contact with Wide Open or Intense NZ partner to discuss any claim prior to returning the product to us.
RETURNS AND EXCHANGES
Returns: Products can be returned by you within 5 working days of receipt of the product for a full refund of the purchase price less all freight costs on both delivery and collection, provided that:
- You are able to provide the original invoice / receipt.
- The product is an unused, unopened condition with no damage whatsoever.
- All paperwork and labels are still intact.
Exchanges: If the product is the wrong size or you wish to purchase an alternative model, you may email us within 5 working days of receipt of the product and we will exchange it for the same model product if an alternative size is available, or you can pay the difference in price for an upgrade. In some circumstances we may, at our sole discretion, agree to a downgrade and give you a credit for the difference in price. In the event of an exchange, products are subject to availability. We will not deliver an exchange product to you until we have received the original returned product. The product must be returned to us in the original manufacturer’s packaging with our original invoice / receipt and sent by insured, traceable courier to us at Wide Open Distributors Limited, 21 Ti Street, Rotorua. 3010. If it is evident that the product has been used, we reserve the right to charge you any costs associated with restoring it, if in our view that is practicable, to a new saleable condition (which is defined as the product having normal showroom wear only) plus any additional delivery charges.
Reservation of right not to refund: If the product has been used by you and cannot be restored to a new saleable condition (as defined herein), Wide Open reserves the right to refuse a return or exchange and to return the product to you at your cost.
No refund on sale or clearance products: We will not provide any refunds or exchanges on Specials.
Contact email address: The email address to contact us on in respect of any product returns or exchanges as above is email@example.com When emailing us please provide your name, address, and order number (printed on your invoice / receipt) together with the reason for your return or exchange request (as the case may be).
Privacy: We will not make your personal details available to other companies for marketing purposes. We hold your personal details in order to process your order and/or maintain your account. We may use your contact details to communicate with you in respect to any order you place through our Website and to send you information on products, specials and relevant events. If at any time in the future you wish for your name removed from our customer list please advise us in writing accordingly.
THIRD PARTY MATERIAL
External links and material: This Website may contain links to other sites on the Internet that are not owned or under the control of Wide Open. Wide Open assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on our Website.
Entire Agreement: These Terms constitute the entire agreement between you and Wide Open Distributors.
Partial Invalidity: If any part of these Terms are held invalid or unenforceable the remaining parts of these Terms shall remain in full force and effect.
Waiver: Our failure to enforce any right or provisions under these Terms will not constitute a waiver of such provision or any other provision.
Force Majeure: We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Jurisdiction: These Terms (and the provision of goods by us) are governed by and to be interpreted in accordance with New Zealand law. You expressly agree that exclusive jurisdiction for any claim or dispute with Wide Open relating in any way to the provision of goods by Wide Open to you resides in the courts of New Zealand.