Terms and Conditions of Sale – Plan 2 Perform Sports Ltd
Plan 2 Perform Sports Ltd provides services to subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully.
1. ORDERS AND PRICE
You agree to place orders on our website at www.plan2performsports.co.nz
You agree that each order accepted by us will constitute a separate contract on the terms of this Agreement.
You will pay the price stated on our website, which includes Goods and Service Tax. We reserve the right to vary prices without notice.
Prices are quoted inclusive of transit costs. Products will be delivered to head office or available to be picked up on game days. Otherwise Plan 2 Perform Sports will be in touch by email to discuss delivery.
Confirmation and acceptance by the Seller occur when the Seller acknowledges receipt of the order either through an automated email generated through the Seller’s website or other sales platform, or through a non-automated email, or some other form of communication accepting the order.
Payment: Where you are not paying via our website you will pay your account by direct credit on the due date set out in your invoice. We reserve the right not to confirm an order paid for by direct credit until the payment has cleared.
Website payments: Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”).
If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
Unless otherwise agreed we will only start processing your order once you have made payment in full. We reserve the right to cancel a confirmed order if we do not receive your payment within three days of you placing that order.
If a price refund is applicable, any price refunds will be affected within 30 days after PLan 2 Perform Sports Ltd has been notified of the reason, conditional upon any returned product being in original and saleable condition.
We undertake to use reasonable endeavours to deliver the Goods within the time specified by us.
Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability will be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
OWNERSHIP AND RISK
Consumers: Goods ordered through us are at our risk until delivered to you. Once delivered, ownership and risk in the Goods passes to you.
GUARANTEES AND LIABILITY
Consumer Guarantees Act: If you are not buying Goods for business purposes the following applies:
(a) If you are a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and Conditions and are not affected by anything in this Agreement.
(b) If items you have purchased are damaged, faulty or spoiled at the time of delivery, we will comply with our obligations under the Consumer Guarantees Act 1993. Otherwise, we do not accept cancellations or returns. The Seller is not obliged to provide you with a refund if you have changed your mind so please place your orders carefully.
Events outside our control: If any cause beyond the reasonable control of the Seller including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with delivery by the Seller or with the performance by the Seller or any of its obligations under this Agreement then the Seller may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Customer in any respect.
Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.
Variation to Terms: We may vary or replace these Terms from time to time by publication on our website.
Electronic Communications: You consent to receive electronic messages from us. If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.
Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.
Website functionality: Plan 2 Perform Sports Ltd does not represent or warrant that the functions within the website would be uninterrupted or error-free, that any defects would be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements.