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Terms & Conditions

Terms and Conditions
Use of this website signifies your agreement to the following terms and conditions:

Terms Used
‘The seller’ refers to The Bad Back Shop.
‘The buyer’ refers to any legal entity purchasing from the seller or using this website.
‘The website’ refers to www.thebadbackshop.co.nz.

Prices and Currency Conversion
All prices are in NZ$ and are inclusive of GST.

Product Descriptions and Pricing Information
In the event a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information received from our suppliers, the seller shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The seller shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the seller shall immediately issue a credit to your credit card account in the amount of the charge. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action. The seller reserves the right to change the content of the website at any time and without prior notice.

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Order acceptance only occurs when the goods are dispatched to the buyer. The seller reserves the right at any time after receipt of your order to accept or decline your order for any reason. The seller reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Order Delivery Times
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.

Dispatch Warehouses & Delivery
Items will be freighted from either our Auckland distribution warehouse or our Christchurch head office warehouse depending on stock availability. Freight rates will remain the same as listed on the website for each item regardless of the dispatch location. Any approved returns from buyers living in Auckland metro area will be accepted at our Auckland distribution warehouse. For deliveries deemed as “Extra Rural” additional charges may apply. Door to door delivery requires easy access (additional charges may apply.)

Damages or Loss in Transit
Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the respective carrier as follows:

Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly at the time the goods are delivered.
No liability for goods damaged or lost in transit will be accepted by the seller however details of any claim should be advised to the seller.

Warranty
All goods come with a one (1) year warranty against defective parts and workmanship unless otherwise stated in writing.

If you have a defective or damaged item please contact us immediately via email at: support@thebadbackshop.co.nz . Clearly state what the problem is and include the following information: Invoice number, date of purchase, description of item, best daytime contact number and if possible a photograph of the fault or damage.

Any item that is found to be faulty within the stated warranty period will be repaired or exchanged. We will meet our full obligations to provide a remedy as stated under the Consumer Guarantees Act, except where a customer is a trade or business,(as per the Consumer Guarantees Act 1993) in which case they are specifically excluded.

The warranty is strictly “Return to Base”. Goods must be returned to the seller at the customers expense. Repaired or replaced goods will be returned to the customer at the sellers expense.

The warranty covers manufacturing defects only. It does not cover faults caused by lack of maintenance, improper use, incorrect assembly or normal wear and tear.

Unless otherwise stated the warranty applies to use in a “normal” domestic home environment only. All warranty claims must be accompanied by an original invoice.

The warranty is only provided to the original purchaser and is not transferrable to any other party.



Assumption of responsibility
The buyer understands that exercise may be a risk to physical health and safety if not done properly. The buyer further understands that it is the seller's recommendation that the buyer consults a physician or sports professional prior to using any equipment or engaging in any exercise program or activity.

The seller shall not be held responsible for damages arising from the buyer's recklessness, negligence, misuse of gym equipment, improper execution of generally acceptable exercise techniques, or for any damage or injury that occurs pursuant to any information received from the seller on the Internet, or by any other means now known or later developed.

Limitation of Liability
To the full extent permitted by the laws in New Zealand, the seller shall not in any event be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. If the materials on this website are purchased for business purposes, as defined by the Consumer Guarantees Act 1993 ("the Act"), the provisions of the Act shall not apply to the materials so purchased.

Copyright
Materials on this Website may not be modified, reproduced or publicly displayed, performed or distributed or used for any public or commercial purpose.

Other Party's Websites
This website may contain hyperlinks to websites operated by third parties. You accept that the seller has no control over, and is not responsible for, any material contained on any third party websites. Links to third party websites are provided for your convenience, and do not constitute an endorsement of that third party, or any products or services referred to on their site unless expressly stated otherwise.

Applicable Law
This website is intended to be accessed by New Zealand residents. We make no representations about the compliance of this site with the laws of any other country. Therefore if you access this website outside of New Zealand you do so at your own risk and are responsible for complying with any laws where you access the website, or where information you publish or upload can be accessed.