Terms, Conditions, & Policy

General:

  1. This site at actionsportsdirect.co.nz, (the “Site”) is a shopping website where you can browse, select and order products from Action Sports Direct Ltd (“Action Sports”, “us” or “we)The ‘buyer’ refers to any legal entity purchasing from the seller.
  2. The buyers access to and use of the site, including the buyers order of products through the site, is governed by these terms and conditions.
  3. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforce-ability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
  4. This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of that place.
  5. The customer agrees not to attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.

Compliance:

  1. The buyer agrees to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the site. The buyer agrees to comply with the terms of use.
  2. The buyer agrees to comply with all relevant laws relating to your use of the site and the buyers placement of any order through the site.

Placing an order for products:

  1. The buyer may order products by selecting and submitting the order through the site in accordance with these terms and conditions.
  2. Any order placed through this site for a product is an offer by the buyer to purchase the particular product for the price notified (including the delivery and other charges and taxes if applicable) at the time you place the order. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
  3. The seller may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.
  4. You agree to provide us with current, complete and accurate details when asked to do so by the site.

Acceptance or rejection of an order:

  1. In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the site.
  2. Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:
    • supply the products in that order to you in accordance with these terms and conditions; and
    • provide you with an email confirmation of that order.
  3. If we reject an order placed through the Site, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

Back Orders:

  1. If we determine that we do not have a particular product in your order in stock, then we will use reasonable endeavors for 30 days to order the relevant product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
  2. Our Back Order Policy is incorporated into these terms and conditions.

Delivery of Products:

  1. We will only deliver products ordered through the site to a location where we provide delivery services.
  2. You may obtain further information on the site about our delivery time frames and how we deliver certain products.
  3. You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the site.
  4. We also recommend that you be present to accept the delivery of your order if you have paid by credit card.
  5. We may require the person accepting the delivery of your order to:
    • provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
  6. You:
    • acknowledge and agree that any person at the delivery address who receives the products is authorized by you to receive your order.

Risk and Title:

  1. Risk and title to the products passes to you on the date and time of delivery to the delivery address.

Fee’s and Chargers:

  1. We will charge you, and you agree to pay, the purchase price of each product that is ordered.
  2. All fees and charges identified in these terms and conditions and all prices for the products are in New Zealand Dollars (NZD) and include GST where applicable.
  3. The purchase price of each product is shown on the product list on the site at the time you place your order. The purchase price of a product on the site may not be the same or correspond to the prices in any of our stores for the same product and we are not obliged to match any prices.
  4. Just like in our stores, prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the products in that order.
  5. If you cancel an order then:
    • subject to (b), we will refund any amounts paid by you for that cancelled order;

Payment Methods:

  1. You may pay the fees and charges for an accepted order using the following payment methods:
    • the following credit cards:
      • Visa
      • Visa Debit
      • MasterCard
      • PayPal
    • Direct deposit (Bank Transfer)
  2. If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.
  3. If you choose to pay by credit card, you authorize us to debit the amount that is payable for an accepted order from your nominated credit card.
  4. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means
  5. All prices quoted are in New Zealand Dollars (NZD).
  6. All transactions will be charged in NZD regardless of what the currency converter states.

Damaged Products and Returns:

  1. You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us through our Parts Department. If you notice damage to a product after delivery, you should notify us within 30 days of delivery. If so, you may return the product to us in accordance with this clause.
  2. If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, then you may return that product in accordance with our Returns Policy.
  3. Our Returns Policy is incorporated into these terms and conditions. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
  4. We will not refund the delivery fee (if applicable) where the products have been delivered to you, unless you are returning the product because it was damaged.

Liability:

  1. Subject to clause 12.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the site or the subject matter of this agreement. You acknowledge that the site is provided “as is” and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose.
  2. Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
    • in the case of services: the resupply of the services; or the payment of the cost of resupply; and
    • in the case of goods: the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
  3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
  4. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

Termination:

  1. We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:
    • the breach cannot be remedied; or
    • you fail to the remedy the breach within 10 days of our notice to you of that breach; or
    • if there is an emergency.
  2. We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

Changes to these Terms & Conditions:

  1. We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:
    • the breach cannot be remedied; or
    • you fail to the remedy the breach within 10 days of our notice to you of that breach; or
    • if there is an emergency.
  2. We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

Privacy:

  1. We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1993. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy.
  2. We will collect your personal information through your use of the site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
    • for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the site; and
    • with,to and from third parties who provide services to us in relation to online shopping. These may include delivery service providers and organizations that assist us to check for or prevent unauthorized or fraudulent transactions.
    • for other purposes to which you consent to (either express or inferred consent).
  3. You may access your personal information, by logging into your registered account or by contacting us.

What Information do we Collect?

Action Sports Direct collects information from you when you fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name or e-mail address. You may, however, visit our site anonymously.

What do we use your Information for?

Any of the information we collect from you may be used in one of the following ways:

  1. to obtain feedback on a Product you have ordered
  2. to contact you as part of the transaction process when placing an order
  3. to investigate any complaints relating to the misuse of the Website, Product or Service
  4. to send you periodic emails that you have subscribed to through your nominated email address

Note: You will have the option to choose to not receive certain types of email communications from us. This can be done in your user account area on the website or any emails we send will also always contain a link at the bottom enabling you to be removed from our mailing list.

How do we protect your information?

Action Sports Direct implements a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

Payments are processed through the secure DPS Payment Express system. Any credit card details stored for payments are done so on the DPS system.

Cookies:

Hyper Ride uses cookies in order to help provide a customized user experience.

Do we disclose any information to outside parties?

Action Sports Direct does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. However this does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect Action Sports Direct or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Online Privacy Policy:

This online privacy policy applies only to information collected through the Action Sports Direct website and not to information collected offline.

Your Consent:

By using our site, you consent to our conditions of use.

Changes to our Privacy Policy:

If we decide to change our privacy policy, we will post those changes on this page.

Contacting us:

If there are any questions regarding this privacy policy you may contact us using the following information:
Postal Address:

30 Kereiti Street,

Mount Maunganui,

Tauranga 3116.

Email: info@asd.nz

Phone: 079288045

30 Day Returns Policy:

Action Sports Direct Ltd is committed to customer satisfaction. If you receive any merchandise that you are unhappy with for any reason, simply return it to us within the time frame listed below, in the condition that you received it and we will happily exchange or refund the product.

Exchanges and refunds will be accepted up to 30 days after purchase.
All items are able to be refunded or exchanged provided they are returned in the same condition as you received them in (No returns on clearance items).

Warranty Returns:

Board Return: Wake boards and Water sports boards will break in half or crease if you land incorrectly. There is no warranty in this industry to cover snapped boards. There is nothing we can do about it and most of the time it is down to improper foot position, incorrect landing, or just pushing the limits like we all like to do. Action Sports Direct will not replace boards that have suffered a breakage or crease.

All board warranties based are around manufacturing defects will need to be sent back to the supplier for evaluation. This process can take up to 20 working days. Boards won’t be covered under warranty if they have been misused.

Action Sports Direct Ltd will not be able to replace any damaged or warranty board on the spot but will endeavor to get the process done as fast as possible.

SHIPPING TIMES FAULTY RETURNS NEEDING REPAIR
If you have a faulty item that you would like repaired, please follow the simple steps of a normal return as shown above.
Once received, we will inspect and send the goods onto manufacturer. The manufacturer will then issue a refund or repair the goods. We aim to have your refund processed within 3 working days of receiving; however some faults must be approved by the manufacturer before a refund or replacement can be issued. In this case we will keep you informed.

Returns Process:

If for any reason you would like to return your product to us please follow the simple steps below:

  1. Contact our Team, part@asd.nz, 079288045.
  2. We will advise you on the next steps to take in the returns process. As a guide use the following instructions.
  3. Pack all items with your invoice in a secure carton or reuse the original packaging. Please ensure that all boxed items are securely enclosed in a satchel as we are not able to accept them if damaged.
  4. Label the package with our returns address
    Courier: Action Sports Direct, 30 Kereiti Street, Mt Maunganui, Tauranga 3116.
  5. Attend your local Post Office and send to the labelled address. For security and peace of mind, we strongly suggest insured registered post as Action Sports Direct is not liable for lost return parcels.
  6. Once received, we will inspect and process the goods within 3 working days to ensure you receive your exchange/refund as quickly as possible.
  7. All Warranties are return to base warranties. As in you will need to pay for any freight incurred to return an item(s).

Returns Terms and Conditions:

Action Sports Direct Ltd returns department operates Monday-Friday 8am to 5pm. Once your order is received, we will inspect and process the goods within 3 working days.
Action Sports Direct Ltd cannot accept COD deliveries.
Please note that if you want to exchange or return boxed goods, they must be returned to Action Sports Direct in the original unmarked packaging and in good condition. If the items are being posted back, please ensure you pack them inside a satchel & do not attach anything to the outside of the original packaging. Should the packaging be marked or in unsatisfactory condition there may be a chance that we will not exchange or refund the goods.
Due to hygiene reasons, Action Sports Direct is not able to do an exchange or refund on Gloves or Socks.
Gloves or Socks can be returned if it is unworn, and in its original condition with all tags and protection stickers attached.

If you have any further questions, please contact us.

Email: info@asd.nz
Phone: 079288045