Terms & Conditions
This agreement is between you (the customer, purchaser or site user) and Pacific Helmets (NZ) Limited trading as Pacific Helmets, situated at 315 Heads Road, Wanganui, New Zealand Outlined below are the terms and conditions for the use of NZHelmetShop website (www.nzhelmetshop.co.nz, www.nzhelmetshop.com, www.nzhelmetshop.net, pacifichelmets.com) and the purchase of any products.
Please read over the information carefully, by using the site you acknowledge and understand the terms and conditions outlined, you also agree to be bound to this agreement.
Our terms and conditions will outline the following:
Agreement of orders placed
Delivery of orders
Risk and title
Price of goods
Credit Card Information & Payment
Packaging of goods
Use of our site
Reviews and Comments
Intellectual property rights
Limitation of liability
Changes to terms and conditions or content of site
AGREEMENT OF ORDERS PLACED
This agreement is between you (the ‘customer’ or site user) and Pacific Helmets. Once an order is received by us we have no obligation to sell, supply or complete the order to you until it has been accepted by Pacific Helmets. Each individual order is considered a separate agreement; each order will be accepted by Pacific Helmets at our absolute discretion. Only orders for delivery in New Zealand will be accepted.
DELIVERY OF ORDERS PLACED
Delivery of orders will be made to the address specified by the ‘customer’, anybody who is accepting the goods at the delivery address nominated by the ‘customer’ will be presumed to be authorized to receive the goods on your behalf. Pacific Helmets will choose the freight provider and at any time have the right to change their freight supplier, the deliveries will be during regular business hours; Pacific Helmets will not be liable for any alternative arrangements made with your carrier or any additional charges or fees that may occur. Our delivery charges cover only packaging, insurance and delivery to the nominated address for the first attempt, we suggest you nominate a delivery address where someone is available to receive the package during normal business hours to avoid delays/additional charges.
RISK & TITLE
Once the goods have been delivered to the address nominated by the ‘customer’ the risk and title is then passed on to you the ‘customer’ who placed the order. If you are not satisfied with your goods please refer to our returns/exchange policies. Pacific Helmets will not be held responsible for any items we do not ship ourselves, and strongly recommend a tracking number if returning goods. Pacific Helmets will not be held accountable for return postage charges or any duty reimbursement – other than in the case of the item being deemed faulty by the supplier. For all ‘change of mind’ returns, postage is the customer’s responsibility.
PRICE OF GOODS & PAYMENT
The price you are required to pay for the goods is the price specified on the site. You are required to pay any additional shipping charges that may be required by the area you are receiving goods to outside of what is outlined in our shipping charges. We reserve the right to refuse purchase of products at any time. We will always endeavour to be as accurate as possible, however, we are unable to warrant (subject to the law) that product descriptions, prices or any other content will be error free at all times, and reserve the right to make changes after a purchase has been made and notify you of this change as soon as possible.
Shipping charges will depend on the type and quantity of product you order as well as the delivery address chosen by the purchaser, Rural Delivery will incur a small surcharge as all freight companies charge this surcharge. A full explanation of our shipping charges can be viewed on our website.
CREDIT CARD INFORMATION & PAYMENT
Credit card information collected for the purpose of payment of products purchased on the above mentioned websites will be stored securely using the ANZ eGate online transaction solution. Credit card information will be masked on your account and will not be visible to Pacific Helmets Customer Service operators. Provision of credit card information as payment for the product/s constitutes an agreement of your purchase of the selected product/s. You must not pay or attempt to pay for product/s using fraudulent credit card information.
Pacific Helmets will send out all goods ordered in the most suitable package we believe for the items purchased.
If the goods are purchased for business purposes, the Consumer Guarantees Act 1993 does not apply to these terms and conditions. If the goods are purchased for household purposes, the Consumer Guarantees Act 1993 does apply.
In addition to any rights under the Consumer Guarantees Act 1993, if the goods are non-conforming or defective, then the following warranty provisions apply.
The following warranty time limits do not imply any form of helmet life expectancy. These time frames simply place reasonable limits on the discovery of faulty materials and allow these to be dealt with accordingly.
The products and the various sub-components are supplied with carrying warranties for 6 months – 2 years (depending on the product).
- HELMETS & COMPONENTS – covered by 2-year warranty (Except for the separately mentioned components below)
- EAR FLAPS/NECK PROTECTORS – 6-month warranty. We recommend they be replaced after a maximum of 50 wash cycles.
FACE SHIELD/EYE PROTECTORS – 1-year warranty. Replace once scratched or deformed by heat, smoke or other pollutants.
The warranties cover only faulty materials or workmanship and exclude fair wear and tear, as well as any damage due to an accident or misuse, of which Pacific Helmets (or its agent) shall be the sole arbiter.
Items purchased from NZHelmetShop may be returned for an exchange or refund within 30 days from the date of dispatch if they are returned undamaged in their original packaging. A completed Returns Form should be included when returning the item(s), failure to do so may cause a delay in processing your refund.
Pacific Helmets will not be held responsible for any items lost in transit and recommend you use an insured and traceable method of postage. If exchanging, you will be responsible for the shipping charges for the second delivery.
In the un-likely event that Pacific Helmets makes an error and sends you the incorrect item, Pacific Helmets will be responsible for the freight costs to return the incorrect goods and the cost to send the correct item.
USE OF SITE
You may not use the Pacific Helmets site for any other purpose than that of purchasing goods from and/or using it to be informed of products and services.
While visiting NZHelmetShop, you may leave NZHelmetShop and access certain non-Pacific Helmets websites. Pacific Helmets neither reviews nor controls the content and accuracy of these websites, and therefore will not be responsible for their content and accuracy. Your access to non-Pacific Helmets websites is at your sole risk. All material including any link to other sites and content found at linked sites is provided “as is” and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose.
REVIEWS AND COMMENTS
You may post reviews and make comments on the content on our Website. The content however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." Pacific Helmets reserves the right to remove such content at any time, and without notice to you.
If you post content, and unless we indicate otherwise, you grant Pacific Helmets a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on its Website and on any other marketing material Pacific Helmets may create.
INTELLECTUAL PROPERTY RIGHTS.
Any trademarks, logos, pictures, images or text featured on the site are not to be copied or used for any purpose other than on NZHelmetShop without prior consent. If you believe an image or text featured on the site belongs to you and we are using it without authority please email us at firstname.lastname@example.org, and we will happily remove it or credit you following proof of ownership. You must not use or copy Pacific Helmets intellectual property in any manner that is not consistent with the rights of the owner or any licence.
Please refer to our privacy and security policy. You are issued with a login and password when you sign up to the store/site. This is considered your responsibility and Pacific Helmets does not take any responsibility if an unauthorized person uses your password.
Pacific Helmets cannot and does not guarantee or warrant that files available for downloading from this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. Pacific Helmets does not make any express or implied warranties, representations or endorsements whatsoever(including without limitation warranties of title, non-infringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will Pacific Helmets be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this Website.
LIMITATION OF LIABILITY
You agree by accessing NZHelmetShop that under no circumstances or any theories of liability under international, civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will Pacific Helmets be liable for damages of any kind occurring from the use of this website or any information, goods or services obtained from this website including direct, indirect, consequential, incidental, or punitive damages (even if Pacific Helmets has been advised of the possibility of such damages), to the fullest extent permitted by law.
NOTIFICATION OF CHANGES
Pacific Helmets may add to, delete, or otherwise change any of the terms of this agreement. Your continued use of the Pacific Helmets service will constitute your deemed acceptance of such changes.
You unconditionally consent to Pacific Helmets collecting, storing, using and disclosing information about you in the manner described in this clause. Throughout this clause, all references to Pacific Helmets shall include:
- any related companies of Pacific Helmets (NZ) Limited; and
any employees, contractors, agents, advisors, related companies, and service providers of the above.
Pacific Helmets may collect, use, and disclose information about you to process and carry out transactions that you have requested or authorised, and for other accounting, operational, statistical, and marketing process.
You consent to receiving electronic messages and information sent by (or on behalf of) Pacific Helmets pursuant to the Unsolicited Electronic Messages Act 2007.
Pacific Helmets may store and retain all information that it collects about you for an indefinite period at Pacific Helmets’ offices and storage facilities in New Zealand and overseas.
You agree that:
- Pacific Helmets may disclose information about you to credit reporting and debt collection agencies (“Credit Agencies”) for credit approval and debt collection purposes; and
the Credit Agencies may keep any information about you that Pacific Helmets discloses to them and use that information for the purposes of their businesses (which may include supplying it to other entities that use their services).
You must notify Pacific Helmets of any change in circumstances that may affect the accuracy of the information provided by you to Pacific Helmets.
If you are an individual (i.e. natural person) you have rights to access and correction of information held by Pacific Helmets by phoning 06 344 5019.
This contract will be governed by the laws of New Zealand. Any dispute arising out of your use of the Website, or the products purchased on it, will be subject to the exclusive jurisdiction of the New Zealand courts.