Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by Active Curves Ltd to you, the purchaser of goods and services from us, including your use of the website at www.activecurves.co.nz ("the website"). They are effective from 27th June 2017 and will replace all earlier Active Curves Ltd terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supplyAll orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery and delivery chargesPrices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed. Please allow extra time on orders placed on public holidays.
PricingAll prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice/receipt will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment optionsWe accept bank transfers direct to the Active Curves bank account and also Laybuy and payment by the following credit cards:
Credit card securityAll payments are processed via Stripe secure payments system to ensure high levels of payment security and are subject to Stripe's terms and conditions.
Laybuy securityAll payments are processed via Laybuy secure payments system to ensure high levels of payment security and are subject to Laybuy's terms and conditions.
Shipping and deliveryPurchase of products:
When you place an order on our website, we will receive an acknowledgement. Our acceptance of an order does not take place until the dispatch of order, as we cannot 100% guarantee stock levels until this point.
Any discounts, voucher codes or promotions will not be validated until the order is accepted by Active Curves Ltd, but will be detailed on the invoice.
We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
The product ordered being unavailable from stock
Fraudulent activity flags being activated
The identification of an error within the product information, including price or promotion
If there are any problems with your order we will contact you. We reserve the right to reject any offer to purchase by you at any time.
Product Information:While Active Curves Ltd work extremely hard to maintain accurate content on their website, occasionally there may be incorrect information displayed. This could include an incorrect price, photo, colour variation, stock level, or description. Active Curves Ltd reserve the right to cancel any order based on incorrect information, and will offer a full refund as compensation.
Returns and exchange policyActive Curves Ltd allows any unworn or faulty items to be returned within 14 days of receipt by post.
Postage must be paid by the sender, and will not be refunded by Active Curves Ltd (this does not affect your statutory rights).
All returns should be sent to:
Active Curves Ltd
383 Ararimu Valley Road
Unfaulty returns must be sent with in the 14 days in a new and unused condition; otherwise we may retain the item(s), & not refund them. Items that are soiled (including pet hair and smoke) may not be refunded or exchange. Professional cleaning costs may be deducted from a credit or refund if a credit or refund is deemed suitable.
NOTE: We highly advise that you track your return as we cannot refund or exchange items that go missing in the post.
As soon as the returns are received at Active Curves Ltd, and are deemed suitable for a refund, will be refunded to a bank account provided as our current credit card transaction company does not provide credit card refunds at this time; this should take place be within 28 days.
If merchandise is faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy in terms of a refund, exchange or credit.
Please note, Active Curves Ltd does not refund the original delivery charge.
Liability limitationWhere you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdictionUnless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.activecurves.co.nz
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.