Terms of Sale


 

IMPORTANT NOTICE:
Brittain Wynyard & Co. Ltd is the authorised distributor of ASICS product within New Zealand. We are not able to guarantee authenticity or warranty for products not distributed by us. For a list of authorised ASICS resellers in New Zealand, please visit our store locator.


ASICS New Zealand and the website asics.com/nz (the Site) is managed by Brittain Wynyard & Co. Ltd located at 24 Heather Street, Parnell, Auckland 1052 (Company, our, us, we).

These Terms of Sale only apply to the purchase of products offered for sale on this Site (Online Purchase).  Separate terms and conditions apply to purchases made in Company owned or run retail stores.  Promotions and offers advertised on this Site may not be valid in connection with any purchase made in Company retail stores or elsewhere.  Similarly, promotions and offers available in Company retail stores or elsewhere may not be valid in respect of Online Purchases unless expressly stated otherwise in each case.

The Company may amend these Terms of Sale from time to time without notice.  It is your responsibility to regularly check these Terms of Sale for any changes made prior to your Online Purchase.  Your continued use of the Site or Online Purchase following the posting by us of any version of these Terms of Sale confirms your acceptance of the Terms of Sale and all changes.

Please refer to our separate Terms of Use of the Site and Privacy Policy.  If there is any inconsistency between the Terms of Sale and either the Terms of Use or the Privacy Policy, Terms of Sale will prevail to the extent of the inconsistency in respect of Online Purchases. 

PLACING AN ORDER

To purchase a product, please select a product by placing it in the Site shopping cart. Your selection of a product constitutes an offer by you to the Company to buy the selected product ("Order").  All Orders are subject to acceptance by the Company and are subject to availability.  The Company will confirm receipt of the Order by e-mail.

The Company will confirm acceptance of the Order when your payment is received in full as cleared funds by dispatching the products to you and by sending an invoice to you by email confirming that your order has been accepted.

PRICE

All prices are in New Zealand dollars (NZ$) and include GST (15% sales tax).  All prices are correct at time of publication; however we reserve the right to alter prices for any reason.

The cost of your Order will be the price of the products ordered on the Site. However, you will be solely liable for all credit card charges, including bank charges on the transaction for each Online Purchase. The Company will add any transaction charges by your financial institution to the payment. Additional costs may apply as outlined in the 'Product Returns' section of these Terms of Use.

At this time the Company offers free delivery for Online Purchases. However, the Company reserves the right to charge a delivery fee and will advise you of any such charge before accepting your Order.

PAYMENT

Payment can be made by Visa, Mastercard and Debit Card.

You must be 18 years of age or older to make an Online Purchase and you may only use your own credit card.

We use the secure Hosted Payment page solution from CyberSource to process online orders. CyberSource is committed to protecting the security of your data. A variety of security technologies and procedures are used to help protect your personal information from unauthorized access, use or disclosure. When we transmit sensitive information (such as a credit card numbers) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

To pay for an Online Purchase simply complete the requested details when prompted to do so in the "Checkout" section of this Site.

Once your payment has been authorised by your bank, the Order will be processed.

The Company reserves the right to refuse any Orders that are suspected to be made in a fraudulent manner.

DELIVERY

Online Purchases can only be delivered within mainland New Zealand.

Our carrier is unable to deliver to the following locations:  airports, hospitals and prisons.  Our carrier is also unable to deliver the products if the delivery address is PO Box or Parcel Locker.  We reserve the right in our sole discretion to refuse to deliver products to any locations that represent an obvious hazard to the safety of the carrier or to the protection of the products.

We will endeavour to forward your Online Purchase products within 2 to 3 business days of our receipt of your payment for the Order of those products.

For each Order you make for an Online Purchase of a product you agree that:

a. the product will be delivered to the address you nominate in your Order;

b. you or someone acting on your behalf must be present at the delivery address specified in the Order during normal business hours;

c. if you or your agent are not present when the products are delivered the Company’s delivery agent may take the products to a local delivery depot and you may need to collect the products;

d. the Company is not responsible for products sent to an incorrectly supplied address;

e. the Company is not responsible for products you fail to collect from the Company’s delivery agent or any third party delivery depot.

If your Order fails to arrive within 5 business days of the date of your Order, please Contact Us in writing.  We will investigate your claim and if we are satisfied that the product has not been delivered to your nominated address or to a suitable delivery depot from where you may collect your Online Purchase products, then subject to the other terms and conditions in this Terms of Sale, the Company will send replacement products to satisfy your Order.

You are not entitled to exercise any right of set-off against moneys payable to the Company in respect of your Online Purchase.

Title in the product of an Online Purchase remains with the Company until the Company receives payment in full for the product.

Risk in the product of an Online Purchase passes to you upon delivery of the products to the address you specified in the Order or to a local delivery depot.

PRODUCT RETURNS

If Company delivers you a product that you consider is not in accordance with your Order please refer to the Company Online Purchase Returns Policy.

ORDER CANCELLATIONS

Orders accepted by the Company will only be cancelled by the Company in its sole discretion, including the recovery of its reasonable costs for the acceptance of the Order, delivery of the products and its cancellation. You may Contact Us. in order to make a request for the cancellation of the Order.

PRODUCT DESCRIPTION AND AVAILABILITY

We take all reasonable measures to ensure that details, measurements and descriptions of the products given on this Site are as accurate and complete as possible but there may be variations between these and the products supplied for an Online Purchase. We do not warrant that the product descriptions are complete or error-free.
All products are subject to availability.  Products featured on this Site may not be available in the Company’s retail stores and similarly, products featured in the Company’s retail stores or elsewhere may not be available on this Site.

INTELLECTUAL PROPERTY

All intellectual property rights in the products supplied by means of an Online Purchase are retained by the Company and you are not entitled to reverse engineer or rebrand the product in any way.

TERMINATION

The Company reserves the right to terminate any Online Purchase upon notice before delivery of the Online Purchase product. Company will reimburse you the purchase price of the Online Purchase product if Company terminates your Online Purchase.

KIDS SHOES GIFT WITH PURCHASE TERMS AND CONDITIONS 

Purchase any Kids Shoes (GS or PS models) from www.asics.com/nz to receive a FREE Entry into one of the 2017 Weet-Bix Kids TRYathlon series of events.

Gift is limited to the first 15 purchases made during the promotion period of 24th January 2017 - 12th February 2017.

Customers purchasing under the Professional Buyers Programme are excluded from the promotion. 

Free Entry Coupon Cards will be couriered to qualifying customers. Customers are responsible for registering for the event as per the instructions supplied of the Free Entry Coupon Card.  Entry is subject to event availability.

DISCLAIMER

This site provides general information about asics.com/nz and the products and services they offer. The information contained in the site has been prepared solely for the purpose of providing information about asics.com/nz, its subsidiaries and the services and products they offer. asics.com/nz reserves the right to change, delete or move any of the material on the site at any time without notice. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

asics.com/nz and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access this website. This includes viruses alleged to have been obtained from this website, your use of or reliance on this website or any of the information or materials available on this website, regardless of the type of claim or the nature of the cause of action. By your use of this website, you agree that you are using this website solely at your own risk.

POLICY CHANGES

Any changes to this policy will be posted here.