Terms of service
OVERVIEW
This website is operated by Action Outdoors Kiwi. Throughout the site, the terms “we”, “us” and “our” refer to Action Outdoors Kiwi. Action Outdoors Kiwi offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Action Outdoors Kiwi, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Action Outdoors Kiwi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@actionoutdoors.kiwi.
Our contact information is posted below:
[INSERT TRADING NAME]
sales@actionoutdoors.kiwi
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]
1. Terms of the Contract
1.1. Any Goods supplied by us to you will be subject to these Terms unless we agree to change them. If you accept Goods from us, you will accept these Terms, despite anything that may be stated to the contrary in your questions or your order.
2. Price
2.1. The price for Goods will be either the price agreed by us on our website or quoted to you in writing. Special conditions may apply regarding Non-Standard Products, which will be advised to you following receipt of your order and which will be deemed to have been accepted by you unless you notify us of your non-acceptance within seven days of the conditions being advised to you.
2.2. Despite clause 2.1 above, unless otherwise agreed in writing, any agreed or quoted price may be altered before delivery of Goods to you if our costs fluctuate materially after the date of quotation. Further, agreed or quoted prices only apply to the total quantities, delivery dates and other terms specified in the quotation.
2.3. We may withdraw a quotation before it is accepted and, in any event, a quotation will lapse, without notice, 30 days after it is given.
2.4. All prices are shown in New Zealand dollars (NZ$) and include GST (which is currently 15% sales tax - if the GST rate changes we reserve the right to immediately amend our prices accordingly).
3. Payment
3.1. Unless we have agreed in writing to extend credit to you, you must pay for Goods in full before delivery.
3.2. Where we have agreed to extend credit to you, you must pay for Goods in full, without deduction or set-off, by the date agreed upon or date of invoice. Your payment is made only when funds have fully cleared through the bank system into our bank account.
5. Risk and delivery
5.1. Delivery of the Goods will take place when they are received by a carrier for delivery to you, or the time they are received by you or your agent, whichever is earlier. When you ask us to deliver Goods directly to another person, that person takes possession of the Goods for you as your agent.
5.2. (a) We will make every effort to ensure delivery of Goods is on time. However, we shall not be liable to you for any failure to deliver on a specified date or within a specified period, however that failure was caused.
5.2. (b) We are not responsible for Courier delays. We work hard to send out orders in a prompt and timely manner. However, we are not affiliated with the courier company and cannot guarantee an exact timeframe. If an item is lost in transit, we will only refund the order once an official enquiry has been logged and reimbursed.
5.3. Delivery times given on this website are indicative only. Your order will be dispatched from Action Outdoors or one of our local suppliers. If we are unable to supply your item we will refund your order promptly. We will not be liable for any failure to observe delivery times but will try and contact you by phone or email if any late deliveries are anticipated. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from this website once that commitment has been made for any reason, including without limitation, due to any delay in delivery.
Currently, Action Outdoors Ltd will only ship to addresses within New Zealand, including outer islands. We do not ship internationally.
5.4. As some courier companies do not ship to PO boxes, we recommend you provide either a residential or commercial shipping address when placing online orders.
5.5. Our Shipping rates are indicated on the product page and in the “basket”, it is up to you to select the proper rate regarding your item’s weight and size. Action Outdoors reserves the right to increase shipping, if need be, you the customer, will be informed in writing or receive verbal confirmation.
If your article is damaged upon arrival, please notify us at sales@actionoutdoors.kiwi or contact us at 09 886 35 25
6. Returns and Cancellations
6.1. Goods may be returned for credit only if we have agreed in writing; returns are based on the discretion of Action Outdoors.
Any Goods Marked as Sent from Supplier Cannot Be Returned.
Any Goods Custom-made or Cut to length Cannot Be Returned
If the customer and Company are in agreeance, goods must be received by us at our premises where they were despatched from within ten days after delivery and in the same condition as they were delivered to you. Returned goods must be sent at your expense, along with a copy of the original packing slip or invoice.
If we make an error in your order, we will refund the full purchase price plus return shipping costs for that item. We pride ourselves on quality control and check all products to the best of our ability before sending them out. In the rare instance that an item is faulty, we will refund your payment and, along with any postage you have had to pay, return it to us upon receipt. Please note that we cannot be held responsible for any parcels sent to us that get “lost in the post”. We also reserve the right to reject any returns if we deem the item not shop-worthy.
6.2. You may not cancel an order for Goods, wholly or partly, without our written consent. As a condition of giving our permission, we may require reimbursement of any costs (including materials, handling fees and labour) incurred by us in connection with the order up to the date of our consent.
6.3. In addition to our rights under clause 3.3(a) above, we may cancel or suspend an order for Goods, wholly or partly and without liability to you, if fulfilling the order becomes impractical or uneconomical due to any cause. Also, if we reasonably believe that the information that you have given us in your credit application is not correct or no longer correct, or if you default under any agreement with us, or become insolvent or commit any act of bankruptcy, or a receiver, a receiver and a manager, liquidator or administrator, or statutory manager is appointed to you or a receiver, receiver and manager, mortgagee or chargee takes possession of any of your assets or undertakings or you make or attempt to make an arrangement or composition with your creditors.
6.4. If the goods are unavailable, we reserve the right to refuse or cancel an order. We also reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to have been placed fraudulently.
While we endeavour to ensure that the price and description of goods or services are accurate, if a product or service is incorrectly listed on our website or if there is a technical error in processing your order, we reserve the right to refuse or cancel the order.
We do therefore reserve the right to cancel any such orders for which pricing was wrong or inaccurate without further notice to the customer and refund these payments promptly.
7. Consumer Guarantees Act 1993
7.1. If the CGA applies, these Terms shall be read subject to your rights under the CGA.
7.2. Where you are acquiring the Goods for the purposes of a business (as provided in sections 2 and 43 of the CGA), the CGA shall not apply.
7.3. Where clause 7.2 above applies and you are acquiring the Goods for the purposes of resale, your terms of trade apply to the resale (and, if your customers acquire the Goods for the purposes of resale, their terms of trade and the terms of trade of each other person in your distribution chain) must include a provision having the same effect as that clause. You agree to indemnify us, on demand, against any liability under the CGA because of any failure by you, our customers or any other person in your distribution chain to include such a provision.
7.4. We do not undertake that repair facilities and parts will be available for the Goods, and section 12 of the CGA will not accordingly apply where the requirements of that section are satisfied.
8. Warranties and liability
8.1. We will replace or, at our option, repair Goods manufactured by us:
(a) which are accepted to have been defective at the time of supply free of charge, provided that you notify us in writing of the defect in sufficient detail for the Goods and the defect to be clearly identified within seven days after delivery, return the Goods to us at our premises where they were despatched from or to an authorised repairer nominated by us for the purpose at your expense.
(b) that has any defect in materials or workmanship that breaches the terms of any written guarantee and/or warranty attached to the Goods, provided that you notify us in writing of the defect prior to the expiry of the written guarantee or warranty period. Any claims not notified to us in writing within the above timeframes shall be irrevocably waived.
8.2. Where Goods are subject to a separate supplier's or manufacturer's guarantee or warranty, we will, where we are able to do so, pass on the benefit of that guarantee or warranty to you without us being directly liable to you.
8.3. We shall not be liable for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions, misuse, or any alteration or repair of the Goods not authorised by us or for any defect arising from a drawing, design or specification supplied by you.
8.4. To the fullest extent permitted by law:
(a) our liability under these Terms is in substitution for, and to the exclusion of, all other warranties, representations, conditions, or obligations imposed or implied by law, statute or otherwise in relation to the Goods; and
(b) all liability for any indirect, special, or consequential loss or damage of any kind, including where it arises out of our negligence, is expressly excluded.
8.5. Where you are acquiring the Goods for the purpose of resale, your terms of trade applying to the resale shall contain a provision having the same effect as clause 8.4.
8.6. We will not be liable for any loss or damage whatsoever suffered by you because of any act, omission or statement made by us, our employees, contractors, or agents, whether negligent or not, except that nothing in these Terms limits any liability imposed by any statute unless or to the extent that it is lawful to do so.
8.7. Despite any other provision of these Terms, to the fullest extent permitted by law our maximum liability arising out of the supply of Goods will, at our election, be limited to the amount paid for the specific Goods, the replacement of the Goods or the supply of equivalent Goods.
9. Personal Property Securities Act 1999
9.1. You acknowledge and agree that, by accepting these Terms, you grant us a security interest over the Goods and their proceeds (by virtue of the retention of title in clause 4 above), including over Goods delivered to you on consignment.
9.2. You undertake to:
(a) do all acts and provide us on request all information we require to register a financing statement or financing change statement on the Personal Property Securities Register; and
(b) advise us immediately in writing of any proposed change in your name or other details on the Personal Property Securities Register.
9.3. You:
(a) waive your right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.
(b) waive your rights and, with our agreement, contract out of your rights under sections 116, 119, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA; and
(c) agree that nothing in sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA shall apply to these Terms and, with our agreement, contract out of such sections.
9.4. Unless the context otherwise requires, the terms and expressions used in this clause 9 have the meanings given to them in, or by virtue of, the PPSA.
10. Privacy Act 1993
10.1. You and any guarantor (if relevant) authorise us to collect and hold personal information from any source we consider appropriate to be used for credit, administration, service, and marketing purposes. You further authorise us to disclose personal information held by us for these purposes to any other person.
10.2. You understand that you have a right of access to, and may request correction of, personal information held by us about you.
11. Intellectual property
11.1. Neither we nor our suppliers transfer to you any right, title or interest in any copyright, trademarks, patents, or other intellectual property rights in or relating to the Goods.
11.2. You warrant that any designs, drawings, or specifications which you provide to us will not infringe any intellectual property rights of any third party, and you agree to indemnify us, on demand, against any liability we may suffer as a result of our use of those designs, drawings and specifications.
12. General terms
12.1. We may amend or substitute these Terms from time to time by notice to you in writing.
12.2. No delay or failure by us to exercise our rights under these Terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.
12.3. If a court decides that part of these Terms is unenforceable, the part concerned shall be deleted from the rest of these Terms, which will then continue in force.
12.4. These Terms bind you both personally and as trustee of any trust of which you are trustee.
12.5. These Terms will be interpreted in accordance with and governed by the laws of New Zealand, and the New Zealand Courts will have non-exclusive jurisdiction in respect of all matters between us.
13. Defined terms and interpretation
13.1. In these Terms, unless the context otherwise requires, the following words have the following special meanings: "CGA" means the Consumer Guarantees Act 1993; "Goods" means all bait and tackle items, fishing nets, twine; all rope and cordage products, including aquaculture rope and cordage, general rope and cordage, industrial and safety braids, leisure marine rope, cordage, packaging and lashings; and any other goods supplied by us to you at any time, including on consignment, sent from our suppliers, including any goods described by item or kind on any relevant order form, packing slip or invoice, on the basis that each such order form, packing slip or invoice shall be deemed to be incorporated in and form part of these Terms, and (except where the context otherwise requires) any services supplied by us to you whether in conjunction with the supply of goods or otherwise; "Non-Standard Products" means Goods that are not generally held by us in stock; "PPSA" means the Personal Property Securities Act 1999; "Terms" means these terms of trade (as amended or substituted from time to time); "we", "our", and "us" means Action Outdoors Limited; and "you" and "your" means the applicant and/or any party acquiring Goods from us, as the case may be.
13.2. For convenience, these Terms have been grouped under different headings, but the headings do not affect the meaning of these Terms. 13.3. In these Terms references to any law include any law that amends or replaces it and any subordinate legislation made under it from time to time.
14. ERRORS AND OMISSIONS
14.1. While we endeavour to supply accurate information on this site, errors and omissions may occur. Action Outdoors specifically disclaims any liability or responsibility for any errors or omissions in the content on the site whether Action Outdoors is aware of such errors or omissions or not.
14.2. An order placed by you on the Action Outdoors site is an offer by you to purchase a particular product. Action Outdoors reserves the right to accept or reject your order for any reason, including, without limitation, an error in your order or in the material on the site, or the unavailability of the product. The contract to purchase a particular product only comes into existence upon acceptance by Action Outdoors or its subcontractors of your order. Products are subject to availability. In the event of shortage, Action Outdoors may allocate sales and deliveries in its sole discretion.
Action Outdoors is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:
a. the performance of the product;
b. any fact, matter or thing relating to the products; or
c. any error in the information supplied to the buyer or a user at or after the date of the purchaser's or user's use of the product.
Action Outdoors may update or discontinue any product and/or revise prices for any product listed as available on the site at any time and without notice.