EBIKE GROUP LIMITED Terms & Conditions
These terms and conditions (Terms) are divided into four Parts.
If you use the Website all four Parts of these Terms apply.
Part A - This Part contain definitions and acknowledges that use of the Website constitutes your agreement to the Terms.
Part B - This Part contains specific terms and conditions related to Products ordered using the Website.
Part C - This Part contains general terms relating to privacy and electronic messages.
Part D - This Part contains general terms relating to the use of the Website and Products ordered.
EBIKENZ means EBIKE GROUP LIMITED
Distribution Centre means 12 Parkhead Place Rosedale, Auckland.
Website means www.ebikenz.co.nz and includes any derivative from that website.
Ownership: The Website is owned and operated by EBIKENZ.
Use of this Website: By accessing or using this Website you agree that you have read, understood and agreed to be bound by these terms. Your use of this Website is subject to the following conditions and all applicable laws. If you do not agree with these terms then you are not permitted to use or browse this Website.
Modification to Terms: EBIKENZ may modify, alter or otherwise update the terms applicable to this Website from time to time. If you have registered with EBIKENZ we will send an email message to the last email address you provided to advise you when the terms have changed. You agree to check these terms and conditions and to be bound by such terms as are in effect at the time at which you access this Website. EBIKENZ will include the date of the terms at the bottom of each page to help you identify whether or not these terms have changed.
Registration: You must register with EBIKENZ using the Website to place an Order.
Passwords: When you register on the Website you will be asked for your name, delivery address, email address and a password. Because your username and password allows online access to information EBIKENZ advises you to keep your username and password secure and you should not give out your user name or password to any other person. EBIKENZ will never ask you to disclose your password.
Password Security: EBIKENZ recommends the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login and password, and for all activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised party gains access to your username and password, please notify us immediately and change your password immediately. EBIKENZ shall not have any liability for your failure to comply with these obligations.
Order: You may place an order with us by:logging on and using your account name and password;
using the “order now” button on the Website to select the quantities and products you wish to purchase (Products) at the price displayed;
enter a delivery address and confirm that we may debit your credit card with additional deliver costs or confirm you will collect the Products from the Distribution Centre;
enter your credit card details when requested to confirm your order;
submit the order to us using the “Submit Order” button on the Website.
Irrevocable: Orders are irrevocable and represent an offer by you to purchase the Products at the price and other terms displayed on the Website.
Authorisation Hold: At the time you place the Order we will lodge an authorisation request with your credit card issuer. The authorisation request confirms that you have sufficient funds available to complete the Order and reserves that part of your credit limit to pay for the Products in the event we accept your Order.We do not charge your credit card at this time.
Minimum Products Required to Trigger Acceptance: For any reason and, at any time (including after you have placed an Order but before that Order is accepted), change the minimum number of orders for the Product published on the Website without notice to you.
Order Acceptance/Rejection: Your Order is deemed to be accepted when we have received the minimum number of orders we require for the Product. We may reject your Order at any time at our discretion and are under no obligation to provide you any reasons for rejecting your order.
Payment: At the time your Order is accepted we will debit your credit card with price of the Order.
Order Status: We will send you an automated electronic message if your Order is accepted or rejected. You may also log on using your account name and password at any time to see the status of your Order.
Cancellation: Even though we may have accepted your Order, we may cancel your order by notice in writing to you at any time and for any reason which is beyond our reasonable control including, without being limited to, industrial action, where the Products cannot be manufactured because of shortage of materials, where the Products have been destroyed or damaged before delivery to you and significant shipping delays or failures by suppliers to manufacture the Products to our required standards.
Consequences of Cancellation: If we cancel your Order:
We will immediately refund, by credit to the credit card you used to make payment for the Order, the amount debited to that account; and
We shall not be liable to you or any other person for any loss or damages suffered by you due to a failure by us to perform our obligations.
Delivery Date: You acknowledge that all Products are shipped to New Zealand from abroad. We will use our reasonable endeavours to deliver the Products as close to the target delivery date published on the Website and to the address specified in your Order.
Notice: We will endeavour to give you notice of changes in the target delivery date and you may use the Website at any time to see the real time status of where your Products are and any charges to the target delivery date.
Your Cancellation Right: If we are not able to deliver the Products in your Order within 1 month of the target delivery date then you may cancel the Order and the consequences in clause 4.8 shall apply.
Risk and Ownership: All risk and ownership of the Products shall pass to you at the time we attempt to deliver the Products to you. If you fail to accept delivery for any reason or if we are not able to deliver the Products, risk and ownership in the Products shall nevertheless pass to you at the time we attempt to make delivery.
Exclusion of Liability: We shall have no liability to you for any losses arising by reason of delay in delivery, whatever the cause of the delay.
Location and Price: EBIKENZ is a New Zealand company that operates from 12 Parkhead Place Rosedale, Auckland 0632. The price of Products on this Website is listed in New Zealand Dollars.
Payment Services: Where payment for any Product or service is required, EBIKENZ uses a secure website, Paystation (see paystation.co.nz) to process those transactions.
EBIKENZ is conscious of the need for privacy and security for your Internet shopping experience.
We use sophisticated encryption technology. This means at the checkout, servers and your PC encrypt (scramble) everything that you enter into your computer, such as credit card details, billing and delivery address. Because it is encrypted, other computers are unable to make sense of it, therefore keeping this information private.
There are visual clues on screen that tell you when you have entered a secure environment: at the bottom of your browser, the key or padlock icon, which is normally broken, becomes solid and the address of the document you are accessing begins with https:// (secure hypertext transfer protocol).
As part of the software used by EBIKENZ there are secure processes built into the store. Specifically the engine ensures:
· Every order has a unique number
· Every order is logged in a robust database
· All your payment details can only be retrieved by EBIKENZ in an encrypted session
· Confirmation emails of your order are sent to you the customer
Business Exclusions & Limitations
Where you use the Website to acquire Products in trade (for business purposes) you agree:
that all provisions of the Consumer Guarantees Act 1993 are excluded to the maximum extent allowed under section 43(2) of that Act;
sections 9 (Misleading and deceptive conduct generally), 12A (unsubstantiated representations), and 13 (False or misleading representations) of the Fair Trading Act 1986 do not apply;
we shall not be liable in contract, tort or otherwise for any consequential, indirect or pure economic loss suffered by you as a result of any defect in the Products, or any failure by us to perform our obligations under these terms to you in respect of an Order, even if such loss was, or should have been, within our contemplation;
without restricting any other provision of these Terms limiting our liability to you, any claim which you may have against us, whether in contract, tort or otherwise as a result of any defect in the Products shall be limited, at our option, to the repair or replacement of the defective Products (if applicable) or the refund of a maximum amount equal to amounts actually paid by you to us in respect of the defective Products.
Products to be returned to us: Where the Consumer Guarantees Act 1993 applies to the Products, and you wish to make a claim under that Act, you must return the Products to us so that we can inspect the Products and identify the source of the fault and whether it is able to be repaired. Subject to section 22 of the Consumer Guarantees Act 1993, it is your responsibility to cover any costs of returning the Products to us
No Contracting Out: Except as set out in clause 7.1 nothing in these terms should be taken to limit the operation of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
Application: This clause 9 applies to all natural persons
Information that we collect: EBIKENZ collects, stores and uses personal information about you which you have provided to us in any form or via the Website. EBIKENZ collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. EBIKENZ also collects anonymous demographic information, which is not unique to you, such as your postal code, age, gender, preferences, interests and favourites. If you do not provide the personal information we have requested, EBIKENZ may limit the services it provides to you.
Collection and storage of personal information: Any personal information you provide will be held in accordance with the requirements set out in the Privacy Act 1993 and this clause 9. Personal information may be held by EBIKENZ (or its agents) electronically or in hardcopy (in New Zealand or elsewhere) but in all cases EBIKENZ will control that information.
Use of your personal information: EBIKENZ may use your personal information:
for the purposes you provided it to EBIKENZ;
if you have provided EBIKENZ with an email address, to send you email messages to market or promote goods and services provided by EBIKENZ;
to operate the EBIKENZ website and deliver the products and services you have requested;
to inform you of other products or services available from EBIKENZ and its affiliates. EBIKENZ may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
to contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party;
and share that with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries of goods you have ordered. All such third parties are prohibited from using your personal information except to provide these services to EBIKENZ, and they are required to maintain the confidentiality of your information.
Who we share your information with: EBIKENZ does not sell, rent or lease its customer lists to third parties. EBIKENZ may pass your personal information on to other people who have been authorised or licenced by EBIKENZ so that person can use your personal information for the purposes you provided it to EBIKENZ. EBIKENZ will not release your personal information to any third party except where required to, permitted to by law, where you have authorised us to do so or where disclosure is connected to the purpose for which the information was collected.
Access to, editing and deleting personal information: You may also ask us for access to, correction of or deletion of any personal information that we hold about you by sending a written request to the address below. It is your responsibility to ensure that personal information provided to us is accurate. You can ask to see the personal information that we hold about you by sending a written request to: The Privacy Officer, eBike Group Limited PO Box 316 100 Wairau Park, Auckland.
Questions: If you have any further questions relating to this clause please contact the Privacy Officer by email at firstname.lastname@example.org or by mail to eBike Group Limited PO Box 316 100 Wairau Park, Auckland
Consent to Receive Electronic Messages: If you enter your email address into the Website then you have agreed to EBIKENZ providing you with unsolicited information about EBIKENZ products and services in electronic form to that email address.
Electronic Messages: Every unsolicited email which EBIKENZ sends you containing information about EBIKENZ products and services will include the following:
an unsubscribe facility which will remove your email address from EBIKENZ database within 5 working days of EBIKENZ receiving your unsubscribe request;
and the person at EBIKENZ who authorised the email to be sent and that persons contact details.
Removal of your Email Address: You may request that EBIKENZ delete your email address at any time by either contacting EBIKENZ in writing, email or using the functional unsubscribe feature on an email you may have received from EBIKENZ.
Copyright: Information on this Website is owned by or licenced to EBIKENZ. All material on this Website, including without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in this Website (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
Restrictions: You may not copy, reproduce, display, publish, upload post, transmit, store (including in electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content without the prior written permission of EBIKENZ. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.
Trademarks: Trademarks, logos, model names, brands and service marks (collectively referred to as Marks) displayed on this Website are registered or unregistered Marks of EBIKENZ or have been licenced to EBIKENZ for use on this Website by third parties. EBIKENZ is the owner or licencee of the Marks. You may not use the any of Marks without the prior written permission of EBIKENZ.
Unauthorized Use or Interference
Interference with the Website: You may not: attempt to gain unauthorised access to any portion or feature of the Website, or attempt to obtain any materials, information or documents through any means not purposely made available by EBIKENZ, including without limitation, hacking, password mining or otherwise accessing data without authorisation;
test the vulnerability of the Website or any network connected to the Website or seek to trace any information on any other user of the Website.
upload or use any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or the Website.
use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
use automated scripts to collect information from or otherwise interact with the Website;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
use or transmit the private information of any third party, including, without limitation, names, addresses, phone numbers and email addresses;
Compliance with Laws: You agree to comply with all applicable laws and with these Terms at all times when using the Website.
Consent: By using this Website you consent to EBIKENZ collecting and using information collected from cookies. However, you can prevent cookies from being saved on your hard drive by selecting the appropriate setting on your browser – simply follow your particular browser’s instructions. You may continue to use this Website even if you deactivate cookies, however deactivating cookies may mean that you might no longer be able to enjoy offers from EBIKENZ in their entirety.
Informaton, Interactive Features and Services
Subject to change: EBIKENZ may from time to time make information, interactive features, services and information available on the Website. EBIKENZ endeavours to ensure that all information (including product features, models, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service on this Website is accurate at the time uploaded to the Website. However product features, models, illustrations, representations, specifications and prices, are subject to change without notice and EBIKENZ makes no commitment or representation as to the information or the availability of any good or service.
Indicative Only: All information (including product features, models, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service and any visual representations provided by EBIKENZ is for information purposes only and is not intended to be relied or acted upon for any particular purpose.
Exclusions of warranty and liablity
Website availability: EBIKENZ does not represent or warrant that the information, services or materials accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
Website functionality: EBIKENZ makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-free.
Website content: EBIKENZ may update the information or materials on this Website from time to time and no assurance or warranty is given that information or material on this Website is up-to-date, accurate, error-free or complete.
Links: Links and references to other Websites may be included on this Website as a convenience only. EBIKENZ may not have reviewed and does not endorse or assume any responsibility for any other Websites, material posted on them, or products or services offered on those websites.
Transmitted Information: Information or material which you provide electronically through your access to or usage of this Website is not confidential or proprietary and acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a Website is stated as being secure. EBIKENZ shall have no liability for the interception or 'hacking' of data through the Website by unauthorised third parties.
Overseas Use: You may not use the Website or place an Order for delivery outside of New Zealand.
Liability excluded: EBIKENZ will not be liable to any person or entity for any damage, direct or indirect, incidental, special or consequential for access to, use of or inability to use this Website. EBIKENZ assumes no liability for errors or omissions in the content or any services available on this Website including any inaccuracies and for any non-compliance by any goods or services with any representations, illustrations, specifications, product features, colour or other information contained on this Website. This Website and all content, features, and services on this Website are provided "as is" without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose or non-infringement.
Entire Agreement: These Terms constitute the entire agreement concerning the supply of Products and use of the Website. No representation, warranty, term or condition shall be binding on us unless it is included in the Terms.
Governing Law: These Terms will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts
Right to suspend, alter or cancel service. EBIKENZ shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all of services provided through or by this Website and/or substitute alternative services, which may or may not be interactive or transactional in nature.
Contact Details: If you have any further questions relating to these terms or the Website please contact eBike Group Limited either by email at email@example.com or by post to eBike Group Limited PO Box 316 100 Wairau Park, Auckland