Terms & Conditions
Consumer Rights Statement
As a consumer, you have certain rights under consumer protection legislation, including the Consumer Guarantees Act 1993 (Consumer Rights). Your Consumer Rights include statutory guarantees that any products supplied to you will be of acceptable quality, match their description and be fit for any purpose made known to the supplier, and that any services supplied will be carried out with reasonable care and skill. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses.
For more information on your Consumer Rights, you can visit the New Zealand Consumer Affairs website at www.consumeraffairs.govt.nz. Nothing in these Terms of Sale is intended to exclude, restrict or modify any of your Consumer Rights.
All Products and Services purchased from Athena Cycling Limited through this website athenacycling.co.nz (or any of the redirected URLs) ("Site") are subject to these Terms of Sale. By clicking to accept these Terms of Sale upon purchasing Products or Services through this Site you agree to be bound by these Terms of Sale. We may amend these Terms of Sale from time to time and if you continue to order Products and Services from us after these terms have been amended, you will be deemed to have agreed to the amended Terms of Sale.
In these Terms of Sale, unless the context otherwise requires:
Price means the price payable for Products or Services as displayed on this Site, from time to time, including all taxes, delivery charges, duty payments (if any) and other charges.
Products means the products you may obtain through this Site from time to time.
Services means the services you may obtain through this Site from time to time.
You warrant that you have the appropriate authority and power to accept these Terms of Sale.
If you are accessing or using this Site for or on behalf of an Organisation, you warrant that you have the appropriate authority and power on behalf of the Organisation to accept these Terms of Sale.
You represent and warrant that you are over 18 and have legal capacity to enter into contracts in New Zealand. You represent and warrant that the credit card or debit card you use to pay the Price for Products or Services is issued in your name or your Organisation's name and you, or you will ensure your Organisation, will pay the Price incurred in connection with purchasing the Products or Services.
You agree that you are able to and will or you will ensure that your Organisation is able to and will, meet your, or its, obligations in relation to these Terms of Sale promptly, diligently, professionally and in accordance with any relevant laws.
3. Purchase of Products and Services
Some of the Products and Services featured on this Site are displayed for promotional purposes only and may not be available for purchase through this Site. All Products and Services offered for purchase on this Site are subject to availability. Athena Cycling Limited reserves the right to amend any Price at any time and from time to time (including, without limitation, if any Price is recorded incorrectly on this site). If we amend the Price of any Products or Services after you have placed an order for those Products or Services, you will be given an opportunity to decide not to proceed with the purchase in accordance with the procedure set out in clause 5 below.
Purchases made on this Site are intended for end users only. Products sold on this Site are not authorised for resale.
If you order Products or Services using the online order process available on our Site:
• All details (including, without limitation, price and availability) relating to the Products and Services ordered as displayed on the Site are subject to confirmation by us, once we have received your order confirmation and successful payment of the Price. We will notify you as soon as possible by telephone or email if we accept your order or if any of the details on the order need to be amended.
• Any order confirmation which you provide to us will be effective once we have confirmed our acceptance of your order confirmation and received successful payment of the Price or, if we notify you of any amendments, once you have indicated your acceptance (by email of the amended terms as notified to you). If you do not accept our amended terms, we will provide you with a full refund within 14 days.
• We will not be responsible for any damage, loss or expenses, including any loss of profits, loss of goodwill, loss of clientele, loss of business revenues, and any other special, indirect or consequential losses incurred by you in connection with your reliance on any order which has not been confirmed by us, except to the extent that such loss, damage or expense arises as a result of our negligence, wilful misconduct or failure to render services to you with due care and skill, or we otherwise cannot exclude our responsibility to you for such amounts at law.
Athena Cycling Limited will be under no obligation to accept any order from you and reserves its complete discretion to decline an order. If your credit card does not provide access to sufficient funds, but the order has been accepted, Athena Cycling Limited will be entitled to cancel the order.
Athena Cycling Limited will use its reasonable endeavours to supply the Products in accordance with your order. If for any reason Athena Cycling Limited is unable to fulfil your order after it is accepted Athena Cycling Limited will email you. If Magnum Sound and Vision has received payment it will refund you.
6. Delivery, Risk and Title
Following Athena Cycling Limited acceptance of an order Athena Cycling Limited will as soon as practicable dispatch your order for delivery within the estimated delivery dates Shipping and delivery. The delivery date is given and intended by Athena Cycling Limited as an estimate only. Athena Cycling Limited will use all reasonable endeavours to deliver the Products by the delivery date.
Delivery will be made at the place specified in an order in accordance with the delivery method selected by you. Athena Cycling Limited has the right to select the carrier. Delivery will be made at your cost (see "Shipping and delivery" for details). Delivery may be made by instalments, at the sole discretion of Athena Cycling Limited. From the time of delivery of the Products (or, if instalments, the relevant part of the Products), title and risk to the Products will pass to you and you will bear the risk of any loss, damage or deterioration of or to the Products from that time.
7. Athena Cycling Limited Liability
Except for those warranties, representations or guarantees contained or referred to in the Consumer Guarantees Act 1993, or that may not otherwise be legally excluded, Athena Cycling Limited excludes all warranties, representations or guarantees (whether express, implied or statutory) in relation to the payment process and any Products or Services you purchase through this Site using the payment process, including, without limitation, any warranty of acceptable quality, merchantability or fitness for any particular purpose.
If any Products or Services supplied by Athena Cycling Limited to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent that it is otherwise allowed by law to do so, Athena Cycling Limited limits its liability to you for breach of any non-excludable statutory or implied condition, representation, warranty or guarantee to:
(a) If the breach relates to Products:
(i) The replacement or repair of the Products, or the supply of equivalent products; or
(ii) The payment of the costs of replacing or repairing the Products, or acquiring equivalent products; and
(b) if the breach relates to Services, the supply of the Services again, or the payment of the cost of having the Services supplied again.
Athena Cycling Limited will not be liable for any damage, loss or expenses of any kind, including any loss of profits, loss of goodwill, loss of clientele, loss of business revenues, or any other special, indirect or consequential losses, suffered or incurred by you in connection with the payment process, except to the extent that such damage, loss or expense arises as a result of a breach by Athena Cycling Limited of your Consumer Rights or as a result of our negligence or wilful misconduct, or we cannot otherwise legally exclude our liability to you for such amounts.
Subject to the provisions of this clause and your Consumer Rights, if for any reason Magnum Sound and Vision is held to be liable to you in relation to the payment process, the total extent of Athena Cycling Limited's liability will, to the fullest extent permitted by law, be limited to the Price you paid for the Product or Service in relation to which the loss, damage or expense (etc) arose.
The exclusions and limits set out in these Terms of Sale will also operate for the benefit of Athena Cycling Limited's relevant suppliers, licensors and agents which Athena Cycling Limited use to provide the payment process made available to you.
8. Your responsibilities to Athena Cycling Limited
You agree to reimburse to Athena Cycling Limited any costs (including all reasonable enforcement and any legal costs) incurred by Athena Cycling Limited as a result of:
• a breach by you of any of your obligations under these Terms of Sale;
• your negligent acts or omissions; and
• any claim, suit or action brought against Athena Cycling Limited, Athena Cycling Limited's relevant licensors and agents, by a third party for any of the reasons above,
Except to the extent such costs are attributable to Athena Cycling Limited's own negligence or wilfulmisconduct.
11. Contracting Out
Fair Trading Act 1986 and Consumer Guarantees Act 1993
If you have purchased any Product in trade, you agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 and the provisions of the Consumer Guarantees Act 1993 do not apply in relation to the purchase or as between the parties, and it is fair and reasonable to exclude their application.
Sale of Goods Act 1908
The Sale of Goods Act 1908 is excluded to the extent permitted by law.
In the case of any inconsistency between any of the following, they will have precedence in the descending order of priority set out below:
• these Terms of Sale;
• Your Return Rights.
PLEASE MAKE SURE THAT YOU HAVE READ AND UNDERSTOOD THE ABOVE TERMS OF SALE BEFORE YOU CLICK TO AGREE THEM AND PROCEED TO MAKE A PURCHASE FROM THIS SITE.