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GENERAL CUSTOMER TERMS & CONDITIONS OF SALE

These customer terms and conditions of sale (“Terms”) are issued by The Warehouse Group and are effective from 25 October 2022. 

By “The Warehouse Group” we mean the following companies and their associated brands:

In these Terms, we refer to The Warehouse Group as “we”, “us”, “our”, or “Group” and we refer to each company (and each associated brand) within The Warehouse Group as a “Group Entity”.

These Terms comprise of:

We are proud to be able to provide customers with the choice to purchase goods from a wide range of sources. In addition to enabling you to purchase goods directly from our Group Entities, we also provide the ability for you to purchase goods from independent third party sellers (“Third Party Sellers” or “3P Sellers”), directly via our Websites and Platforms. We are committed to keeping your shopping experience as easy as possible, regardless of whether you purchase from us, or from a 3P Seller. However, at times, processes and your purchasing experience may be different. Where relevant, these Terms also set out what you can expect when purchasing goods from a 3P Seller.

By using, visiting or participating in (as applicable) any of our websites, platforms, mobile sites, apps, social media pages (“Websites and Platforms”), stores, store services (including Wi-Fi), database, promotions or membership programmes (“Stores and Services”), you accept these Terms and our [Group Privacy Statement]. By placing an order to purchase goods from a 3P Seller, you agree that personal information that is necessary to fulfil your order will be disclosed to the 3P Seller, and that the terms of the 3P Seller’s Privacy Policy will also apply. 

We may change these Terms at any time, and changes will be posted on our Websites and Platforms. We will notify you where there are any material changes to these Terms.  By continuing to use any of our Websites and Platforms and/or purchase goods or services from us, you continue to agree to these Terms and are bound by any changes to them.

Please read these Terms carefully. If you need to refer to them again, they can be accessed via our Websites and Platforms.

  1. Purchasing goods from 3P Sellers

The following terms apply when purchasing goods from 3P Sellers via our Websites and Platforms. Where there is any inconsistency between the terms in this clause and the remainder of these Terms, the terms in this clause will take priority. 

  1. Placing Orders

Due to photographic and screen limitations, actual goods may differ to a small extent in visual appearance from the way they appear on our Websites and Platforms.

Any information contained on our Websites and Platforms constitutes an invitation to treat only and is not an offer to supply any goods or service.

When you place an order, you are making an offer to buy goods or services.

To order goods, add them to the shopping cart and proceed through the checkout process on the relevant Website or Platform. You will be required to provide delivery and payment information, and other information about your order. If this information is successfully provided, you will be led to a confirmation page with full details of your order (which you can use as a receipt of your order).

Some goods sold via our Websites and Platforms carry an age restriction. If a good you have selected is age restricted, you will be required to confirm that you are an appropriate age to purchase the good. Confirming this means you represent to us (and, if applicable, the 3P Seller) that you are of an eligible age and that you are not purchasing the good on behalf of a person who is not the appropriate age.

We will send you an e-mail to confirm that we have received and accepted your order and will take payment upon acceptance.

If you are ordering from a 3P Seller (including through TheMarket.com) payment will be taken prior to confirmation that the order has been accepted. However, if the 3P Seller rejects your order, you will be refunded in full.

  1. Fair Use Policy

All goods and services offered for sale on our Websites and Platforms, including those on sale, promotion or with any discounts on retail prices, are offered under our Fair Use Policy.

We reserve the right to place quantity limits on goods. Discount limits per customer and maximum savings per customer will be monitored for any suspected abuse of the Fair Use Policy.  Persistent abuse of our Fair Use Policy may result in suspension or termination of your customer accounts with us.

  1. Cancelling Orders

We reserve the right to cancel orders that we believe to be placed for commercial purposes or are fraudulent (including where we believe there may have been credit card or a payment related fraud) or otherwise breach our Fair Use Policy. We may also cancel orders where there has been an error in the listing of the good (e.g. an incorrect price, image or description of a good) and/or a stock complication arises.

If we cancel your order, you will be refunded in full to the purchasing account. Prior to any such cancellation, we may contact you and discuss appropriate changes to your order.

You can request to cancel your order (or part of your order) for any reason unless it has already been shipped. If we are able to successfully process your cancellation request before your order is shipped, you will receive a full refund of any payments you have made for that order. Please note that creating a cancellation request does not guarantee that your order will not be shipped.

Refer to the ‘Returns’ section below to find out about our returns policies.

  1. Pricing

Unless specified otherwise, all prices listed in store, on Websites and Platforms, are in New Zealand dollars and are inclusive of GST. Please note that prices may be altered at any time for any reason. Delivery charges may be listed separately. Online and in store pricing may differ.

Orders delivered from outside New Zealand (e.g. when purchasing from a 3P Seller) may be subject to duties or other charges. You will be responsible for paying such duties or other charges and acknowledge that delivery of orders may be delayed where payment of such duties or other charges is required. However, you may reject the notice to pay tax and duties or other charges, in which case your order will be cancelled and you will be refunded in full.

  1. Payment Methods

Please refer to the relevant brand’s Specific Terms for further information on available payment methods.

  1. Gift Card Terms and Conditions

The terms and conditions below specifically relate to the use of gift cards issued by our Group Entities (“Gift Card”).

  1. Delivery of your order

Deliveries must be to New Zealand addresses. Delivery lead times and delivery costs for goods may vary. Each item you purchase may have a lead time displayed on it indicating an estimated delivery date or time of your order.

After placing your order, you may be able to track its progress by logging into the relevant Website and Platform which will either display the progress of your order, or provide a link to the relevant carrier’s site (where you can check your order’s progress).  You will receive an email that confirms your order has been dispatched.

To ensure successful delivery, you must provide a delivery address where someone will be present during business hours. We will not be liable for late delivery where attempted delivery has occurred on or before the relevant delivery timeframe, or where an inappropriate form of delivery is selected for the goods purchased.   

‘Click and collect’ may be available when checking out on our Websites and Platforms.  Where it is available, you can select the store or collection point you want to collect your order from when you place your order. We will provide you with a collection reference that you’ll need to bring in store to collect your order.

If you live at a rural address, you must indicate that at checkout for your item to be delivered. Please note that if you don't select rural delivery but your order is being delivered to a rural address, this may result in a request for you to pay a rural delivery fee before your order is delivered. This additional fee is charged because rural delivery couriers are subcontracted to deliver your parcel from the nearest post office. These couriers then on-charge this fee.

  1. Returns

Refer to Specific Terms to find out more about the applicable returns policies.

  1. MarketClub

MarketClub is a membership programme run by The Warehouse Limited on behalf of the retail brands that operate under The Warehouse Group Limited. Click here for MarketClub terms and conditions.

  1. Security

We want you to have a safe and secure online shopping experience. All payments via our Websites and Platforms are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy. You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer. For security purposes certain transactions and interactions (e.g. Customer Care) may require proof of identification.

  1. Links

Our Websites and Platforms have links to third party websites. These sites have not been prepared by us and are not under our control. Any third party links are only provided for convenience and we are not responsible for the content or availability of any of these links.

  1. Accessing our Websites and Platforms and associated services

When you create an account, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re-secure your account.

Other than connecting to our Websites and Platforms via HTTP requests using a web browser, or via one of our official apps, you must not, and must not attempt to:

We do not warrant that our Websites and Platforms will be available at all times and without disruption. We may make changes to the content on our Websites and Platforms at any time without notice.

  1. User Generated Content Terms of Use

Some Group Entities may allow you to grant us permission or authorisation to feature your content through our Websites and Platforms or social media platforms.  Please take a moment to read through the terms of use below and our [Group Privacy Statement] before you grant permission or authorisation for us to feature your content. In these terms 'Content' refers to the image, photo, video, text, graphics or other content you have published on social media platforms (such as Facebook, Instagram, TikTok, Twitter, Snapchat, YouTube) or submitted or uploaded directly to social media platforms affiliated with The Warehouse Group and its subsidiaries and entities. "You" or "Author" refers to the author of the Content.

Submission of your Content and/or replying to our request to use your Content with the nominated acceptance response (e.g. #YesTheWarehouse) or by clicking 'I agree' or 'I accept' is deemed acceptance of these Terms of Use. These Terms of Use contain all the terms agreed between us regarding your Content. 

You agree that 

Our use of your Content

Copyright 
You will retain ownership, copyright and intellectual property rights that you have in relation to your Content. We will endeavour to credit you when your Content is published, reproduced or otherwise used, where reasonably practicable. 

Moderation 
We reserve the right to refuse Content, moderate or remove any Content submitted, for any reason at any time. Any Content which may be deemed libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful will be immediately moderated. We reserve the right to verify the validity of submissions and to remove any submissions where false or misleading details have been given by an Author or if an Author has behaved in a fraudulent or dishonest manner, or otherwise than in accordance with these Terms of Use. 

Limitations of Liability 
You hereby release, discharge and agree to hold The Warehouse Group and their associated agencies, subsidiaries and entities harmless from any liability related in any way to the use of your Content. 

Additional terms 
The use of your Content is in no way sponsored, endorsed, administered by or associated with any social platforms including Facebook, Instagram, TikTok, Twitter, Snapchat and YouTube.

  1. Intellectual Property

You acknowledge that as between you and us, we are the sole owner or licensee of all intellectual property rights in Websites and Platforms and all goods listed on them. We hold copyright in all content and elements of our Websites and Platforms. You must not copy, alter or reproduce any good, our content or logo, or our Websites and Platforms (or any part of them including any materials such as site design, text, graphics, interfaces etc), nor permit any person to do so without our prior written consent.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display, and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Websites and Platforms and developing your ideas and suggestions for improved goods and services that we provide.

  1. Disclaimer

Subject to the law, The Warehouse Group does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission on our Websites and Platforms or your use of the Websites and Platforms. You are solely responsible for the actions you take in reliance on the content on our Websites and Platforms, or accessed through, our Websites and Platforms.

To the extent permitted by New Zealand law, The Warehouse Group makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of our Websites and Platforms or any other website or platform.

You agree to at all times indemnify, and keep indemnified, The Warehouse Group and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by The Warehouse Group arising from any claim, demand, suit, action or proceeding by any person against The Warehouse Group where such loss or liability arose out of, in connection with, or in respect of your breach of, these Terms.

  1. Miscellaneous

If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions. If we do not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by us. Headings are for convenience only and do not affect the interpretation of these Terms.

Our Websites and Platforms and any use of them is governed by, and is to be interpreted in accordance with, the laws of New Zealand and you and we submit to the exclusive jurisdiction of the courts of New Zealand.


Specific Terms

  1. Introduction

The following Specific Terms relate to Torpedo7 Limited and apply when you are using torpedo7.co.nz, and its apps or social media pages and when using, visiting or participating in (as applicable) associated Stores and Services.

Where there is any inconsistency between these Specific Terms and the General Terms, these Specific Terms will take priority.

  1. Payment Options

The following payment methods are available. Please see below for further information on terms, conditions and criteria.

Online & In-Store In-Store Only Online Only
  • Visa
  • MasterCard
  • American Express
  • Zip
  • Purple Visa
  • Torpedo7 Gift Cards and selected third party gift cards
  • Cash
  • Eftpos
  • Layby
  • Q Mastercard
  • Afterpay
  • Finance Now

  1. Specific Payment Terms and Conditions

Layby

The following conditions apply to layby purchases:

ZIP

We offer you the option of paying for your goods through ZIP. ZIP is an external service provider and is not part of The Warehouse Group. There are no initial fees applicable to you for using the ZIP service. Some fees may apply if you default on a payment. Credit criteria and credit checks apply to the use of the ZIP service. For ZIP’s FAQ’s and full Terms and Conditions please go to https://zip.co/nz. The ZIP service may be used for purchases with a value of between $50 to $1500, though it is possible that higher value items could also be purchased subject to a variable initial payment. Details of payment schedule will be presented as part of the checkout process. Goods Exclusions – Gift Cards, iTunes cards, Gaming Cards and any other goods in this category are not able to be purchased using the ZIP method of payment.

In order to be eligible to use the ZIP service you must:

The Purple Visa Card Purple Dollar earn, and Farmlands discount are not applicable when paying with ZIP.

Purple Visa

12 Months Interest Free

12 months interest free available on finance of $250 and over using Purple Visa Card, which is issued by SBS Money Limited. Purple Visa Card Terms and Conditions, credit criteria and rates and fees (including a $55 establishment fee and a $55 annual fee) apply. Visit purplevisa.co.nz for further details. Prevailing interest rate (which can be found on the Rates and Fees page at purplevisa.co.nz ) will apply to any outstanding balance at the expiry of the interest free period. This offer is available instore and online and cannot be used in conjunction with any other Torpedo7 promotional offer. Purple Visa Card is a brand of Finance Now.

Rates and Fees

Interest Charges

Minimum monthly payments (3% of the outstanding balance or $20, whichever is the greater) and any charges eligible for deferred payment will not apply until expiry of any Deferred Payment Plan but must be made during the Interest Free Term. If you make only the minimum monthly payment, you may not pay off your purchase before the expiry of the Interest Free Term. So, if you can, always pay more than the minimum amount due. Prevailing interest rate (which can be found on the Rates and Fees page at purplevisa.co.nz) applies to any outstanding balance on the expiry of the Interest Free Term.

Establishment Fee

A one-off establishment fee of $55 is charged when you open your Purple Visa Card Account. You will see the establishment fee charge on your first statement. Establishment fee is not charged during a Deferred Payment Plan but will be charged if you have other Transactions on your account that are not related to a Deferred Payment Plan.

Annual Account Fee

A fee of $55 is charged at the anniversary of your Purple Visa Card account and is for maintaining the account for the previous 12 months. It is then charged each subsequent year the account remains open.

Finance Now

Finance options available on purchases of $249 and over.

Finance is based on a term of 48 months at an interest rate of 22.3% p.a. and include a $2.95 monthly service fee and a $55 establishment fee (excludes optional Payment Protection Insurance). Details of finance (including weekly payments, the total amount repayable over the term of the loan, interest rate and any applicable fees) can be confirmed with a detailed quote in store. Full disclosure of all of the terms of your finance will also be provided to you in the Finance Now disclosure statement for your consideration prior to confirmation of your purchase. All finance is subject to Finance Now terms and conditions and approval criteria.

  1. Torpedo7 Club:

Torpedo7 Club $10 Welcome Voucher:

Valid for new Torpedo7 Club members only. The voucher is redeemable online or instore (when showing a copy of the welcome email and new Club member identification) for purchases over $100, excluding delivery. The voucher is limited to one per person, and one transaction only. Offer and redemption not valid at any offsite event. Staff of Torpedo7, The Warehouse Group and their immediate families and agents are not eligible for this offer.

  1. Torpedo7 Workshop Services:

The following terms and conditions apply to both Bike Workshops and Snow Workshops at all applicable Torpedo7 stores.

  1. Free Services:

Free services for purchases in-store or online are available in selected stores. Free services are subject to availability.

Snow Services

Bike Services

  1. Service Plans:
  1. Delivery & Delivery Charges

Torpedo7 Club Delivery:

Where we are holding your order in store for pick-up or collection, we will only hold your order for a maximum of 14 days after we have notified you that it is ready for collection.  If you haven’t collected your order within this time period, we reserve the right to cancel and refund your order against the same payment method used when placing the original order.

  1. Returns

Please see our Consumer Guarantees Act Summary, Warranty Policy and 30-Day Right of Return Policy for more information.

Parallel Import goods are genuine branded goods sourced globally to bring you the real thing at unreal prices.  Manufactured to international specifications, all parallel import goods carry the Torpedo7 12 month warranty. For any queries relating to parallel import goods please call 0800 867 733.

  1. Deals & Promotions
  2. Please see our Deals & Promotions page for further details.


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