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Terms of service
A) Consumer Customers – Website Terms of Service (NZ)
OVERVIEW
This website is operated by Action Outdoors Limited (“Action Outdoors”, “we”, “us”, “our”). By accessing our website and/or purchasing goods or services from us, you agree to these Website Terms of Service (“Terms”) and any policies referred to in them, including our Returns, Refunds & Warranty Policy and Privacy Policy.
These Terms apply to all users of the website, including browsers and customers.
We may update these Terms from time to time by publishing changes on this website. Your continued use of the website after changes are posted constitutes acceptance of the updated Terms.
Our online store is hosted by Shopify Inc, which provides the e-commerce platform we use to sell products and services.
1. ONLINE STORE TERMS
You must not use this website or our products/services for unlawful purposes or in ways that breach applicable law. You must not introduce malware or harmful code, or interfere with the website’s security or operation.
We may suspend or terminate access if these Terms are breached.
2. GENERAL CONDITIONS
We reserve the right to refuse service, cancel orders, or limit quantities where reasonably necessary, including for suspected fraud, stock limitations, pricing errors, or misuse.
Headings are for convenience only and do not affect interpretation.
3. PRODUCT INFORMATION, SUPPLIER CONTENT & WEBSITE ACCURACY
3.1 Supplier-provided descriptions and images
Some product descriptions, specifications, compatibility information, and images displayed on this website are provided by third-party manufacturers, brands, or suppliers. While we take reasonable care to present accurate information, product details may change without notice, including packaging, model updates, colours, finishes, included accessories, country of origin, and technical specifications.
Product images are indicative only and may differ slightly from the item supplied. Accessories shown are not included unless expressly stated.
If you are unsure whether a product is suitable for your needs (including compatibility or fitness for a particular purpose), please contact us before purchasing.
3.2 Errors and omissions
We aim to ensure information on this website is accurate and up to date. However, typographical errors, inaccuracies, or omissions may occur. We reserve the right to correct such errors and update information at any time, including after an order has been placed.
If an error materially affects your order, we may cancel the order and refund any amount paid.
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
4. PRICES, MODIFICATIONS & AVAILABILITY
Prices are subject to change without notice. All products are subject to availability. We may modify or discontinue products, services, or website content at any time.
Delivery timeframes are estimates only and may be affected by courier delays or supplier changes.
5. ORDERS, BILLING & ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information and to update it promptly when needed.
We may cancel or refuse orders where we reasonably believe there is a pricing/website error, the product is unavailable, payment cannot be authorised, or the order appears fraudulent.
6. SHIPPING, DELIVERY & AUTHORITY TO LEAVE (ATL)
If you request delivery with Authority to Leave (ATL), you authorise the courier to leave goods at the nominated address without signature. Risk passes to you once the courier records delivery.
This does not affect your rights where goods are damaged in transit or where remedies apply under the Consumer Guarantees Act.
7. RETURNS, REFUNDS & WARRANTY
Returns, refunds, and warranty claims are governed by our Refund Policy:
🔗 https://actionoutdoors.kiwi/policies/refund-policy
Your rights under the Consumer Guarantees Act 1993 apply where goods are faulty, unsafe, or do not match their description.
8. THIRD-PARTY LINKS
This website may include links to third-party websites. We are not responsible for the content, policies, or practices of those third parties.
9. USER CONTENT
If you submit content (e.g., reviews, feedback), you grant us a non-exclusive licence to use it for website and marketing purposes. You must not submit unlawful or infringing content.
10. PRIVACY
Your submission of personal information is governed by our Privacy Policy:
🔗 https://actionoutdoors.kiwi/policies/privacy-policy
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for indirect or consequential loss arising from use of the website. Nothing in these Terms limits liability that cannot lawfully be excluded under New Zealand law.
12. GOVERNING LAW
These Terms are governed by the laws of New Zealand, and the New Zealand courts have jurisdiction.
13. CONTACT DETAILS
Action Outdoors Limited
Email: sales@actionoutdoors.kiwi
Phone: +64 9 820 8023
Address: 348 Rosebank Road, Avondale, Auckland 1026, New Zealand
NZBN: 9429032337587
B) Trade / Business Customers – Terms of Trade (NZ)
1. APPLICATION OF TERMS
1.1 These Terms of Trade apply to all goods and services supplied by Action Outdoors Limited (“we”, “us”, “our”) to you (“you”, “your”).
1.2 Your order and/or acceptance of delivery constitutes acceptance of these Terms. They prevail over any of your terms unless agreed otherwise in writing.
2. PRICES & QUOTATIONS
2.1 Prices are as stated on our website, quotation, or invoice and are in NZD unless otherwise stated.
2.2 Prices include GST unless stated otherwise.
2.3 Quotations may be withdrawn before acceptance and lapse after 30 days unless stated otherwise.
2.4 Prices may be adjusted prior to delivery where supplier, freight, or input costs materially change.
3. PAYMENT
3.1 Unless credit is approved in writing, payment is required in full before dispatch.
3.2 Where credit is approved, payment must be made by the invoice due date, without set-off or deduction.
3.3 You are liable for reasonable costs incurred in recovering overdue amounts.
4. ORDERS, CANCELLATIONS & AVAILABILITY
4.1 Orders cannot be cancelled without written consent. If cancellation is approved, you must reimburse costs incurred up to that point, including materials, handling, labour, and supplier charges.
4.2 If goods are unavailable, incorrectly priced, or cannot be supplied, we may cancel the order and refund amounts paid, with no further liability.
5. DELIVERY, RISK & TITLE
5.1 Delivery occurs when goods are delivered to your nominated address or handed to a carrier or courier.
5.2 Risk passes to you on delivery.
5.3 If Authority to Leave is requested, risk passes once delivery is recorded by the courier.
5.4 Title remains with us until all amounts owing to us are paid in full.
6. PRODUCT INFORMATION & SUPPLIER CONTENT
Product descriptions, images, and specifications may be provided by manufacturers or suppliers and may change without notice. Images are indicative only. You are responsible for ensuring suitability, compatibility, and fitness for your intended use and any resale.
7. RETURNS
Returns are accepted only with our prior written approval and may be subject to restocking fees and freight costs. Goods marked as sent from supplier, custom-made, cut-to-length, or clearance are not returnable unless required by law or agreed in writing.
8. WARRANTIES & LIABILITY
8.1 Where goods carry a manufacturer’s warranty, we may pass that warranty on to you where possible.
8.2 We are not liable for defects caused by misuse, incorrect installation, alteration, abnormal conditions, fair wear and tear, failure to follow instructions, or unauthorised repairs.
9. CONSUMER GUARANTEES ACT – CONTRACTING OUT
If you acquire goods or services for the purposes of a business (and not for personal, domestic, or household use), you agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by section 43 of that Act and where it is fair and reasonable to contract out.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law, we are not liable for indirect or consequential loss. Our total liability is limited, at our option, to repair, replacement, resupply, or the invoice value of the goods/services giving rise to the claim.
11. PPSA
You grant us a security interest in the goods and their proceeds until payment in full and agree to do all things required to register and enforce that interest under the Personal Property Securities Act 1999.
12. GOVERNING LAW
These Terms are governed by the laws of New Zealand.
13. CONTACT DETAILS
Action Outdoors Limited
Email: sales@actionoutdoors.kiwi
Phone: +64 9 820 8023
Address: 348 Rosebank Road, Avondale, Auckland 1026, New Zealand
NZBN: 9429032337587