GENERAL

​

The information data and material (“Information”) contained in this website (“Website”) has been prepared solely for the purpose of providing information about Pacific Padel Limited (“Pacific Padel”/”we”/”us”), its subsidiaries and partners and the services that they offer.

​

Your access to the Website is subject to the following terms and conditions (“Terms and Conditions”). By viewing and using the Website you agree to be bound by the Terms and Conditions therefore we encourage you to read the Terms and Conditions in full. If you do not agree to these Terms and Conditions please do not use the Website.

​

These Terms and Conditions apply to the entire contents of the site, to any web feeds produced by the site and to any feedback or submissions provided through the site.

 

YOU AGREE

​

1.1 to abide by all applicable laws, regulations and codes of conduct when using the Website and to be solely responsible for all things arising from your use of the Website;

​

1.2 not to use the Website in any way which might infringe any rights of any third party or give rise to a legal claim against Pacific Padel by any third party;

​

1.3 not to damage, interfere with or disrupt access to the Website or do anything that may interrupt or impair its functionality;

​

1.4 not to obtain or attempt to obtain unauthorised access, through whatever means, to the website or other services or computer systems or areas of our, or any of our partners’, networks which are identified as restricted;

​

1.5 not to collect or store personal data about other users for commercial purposes;

​

1.6 to respect the privacy of your fellow internet users;

 

CONTENT

​

2.1 All content (including, but not limited to articles, features, photographs, images, brands, logos, illustrations, audio clips and video clips) ("Content"), as well as all products, software, technology or processes described in this Website are protected by copyright, trademarks, service marks and/or other intellectual property rights and laws (collectively “Rights”) and all Rights in relation to the Website are and shall remain owned or controlled by Pacific Padel, or as appropriate, the third party Rights owner. You shall abide by all additional copyright notices, information, or restrictions contained in any content accessed through this Website.

​

2.2 Nothing contained on the Website should be construed as granting, by implication or otherwise, any licence or right to use, deal with or copy in any way in part or in whole any Rights without our written permission or, as appropriate, the permission of the third party Rights owner. Your misuse of the Rights, except as expressly provided in these Terms and Conditions, is strictly prohibited. You may however download or copy the content and other downloadable items displayed on this website subject to the following conditions:

​

2.2.1 copying or storing of any Content for any reason other than personal use is expressly prohibited without prior written permission from Pacific Padel or the copyright holder identified in the copyright notice contained in the relevant part of the Content; and

​

2.2.2 all copies must maintain copyright and other intellectual property notices contained in the original material.

 

NO WARRANTIES

​

3.1 The Website is provided “as is” without any representations or warranties (either express or implied), including but not limited to any implied warranties or implied terms of reliability, quality, functionality, absence of contaminants (including viruses, worms, trojan horses or similar), availability, satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.

​

3.2 While Pacific Padel uses reasonable efforts to include accurate and up to date Information on the Website, it makes no warranties or representations as to its accuracy or completeness. Pacific Padel is not responsible for any errors or omissions or for the results obtained from the use of such Information. The Information does not constitute any form of advice, recommendation or arrangement by Pacific Padel or its affiliates or any other party involved in the Website and is not intended to be relied upon by users in making (or refraining from making) any decisions based on such information. You must make your own decisions on whether or not to rely on any Information posted on the Website.

​

3.3 While Pacific Padel takes all reasonable steps to ensure a fast and reliable service it will not be held responsible for the security of the website or for any disruption of the website however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. You will remain responsible and liable for material you upload on to or access from the website and you will indemnify Pacific Padel in the manner set out in paragraph 4.2 below in the Terms and Conditions in relation to your accessing or uploading.

 

LIABILITY FOR LOSSES/INDEMNITY

​

4.1 By accessing this Website you agree that Pacific Padel will not be held liable to you or any third party for any direct, indirect, special, consequential or any other loss or damage arising from the use of or inability to use the website or from your access of other material on the internet via web links from this Website.

​

4.2 You agree to indemnify, keep indemnified, defend and hold harmless Pacific Padel and its subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively the “Indemnified Parties”) from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the website or any breach by you of these Terms and Conditions. Pacific Padel reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate without defence of such claim.

 

LINKS TO THIRD PARTY SITES AND THIRD PARTY ADVERTISEMENTS

​

5.1 This Website from time to time contains links to other related World Wide Web Internet sites, resources and sponsors of this Website. Since Pacific Padel does not approve, check, edit, vet or endorse such sites, you agree that Pacific Padel is not responsible or liable in any way for the content, advertising or products available from such sites or any dealings that you may have, or the consequences of such dealings, with the operators of such sites. You agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party site operator and should direct any concerns regarding any external link to the site administrator or Webmaster of such site. Pacific Padel makes no representations nor does it take any responsibility in relation to the content of any sites accessed through these links.

 

ONLINE SHOPPING 

​

Orders

6.1 When submitting an order, you agree that:

​

6.1.1 you are responsible for reading the full item listing before making a commitment to buy it; and

​

6.1.2 you enter into an agreement to purchase the goods specified in that order. An order will be deemed received and accepted by us at the time we send an order confirmation to your nominated e-mail address.

 

Payment

6.2 Customers are required to make payment in full when making an order. You represent and warrant that you are authorised to use the method of payment and authorise us to charge your order (including taxes and freight charges) to the card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

​

Jurisdiction and Currency

6.3 Online orders will only be accepted by Pacific Padel in New Zealand and payment is to be made in New Zealand currency. Any contract arising from this site is governed by the laws of New Zealand. Pacific Padel will deliver goods only within mainland New Zealand. 

​

Title and Risk

6.4 Title to the goods purchased from Pacific Padel does not pass from Pacific Padel to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.

​

Product Prices

6.5 The prices we charge for our products are listed on the Website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. 

​

Availability

6.6 Pacific Padel reserves the right to add or remove goods from this site from time to time. Goods described on this site may not be available. Pacific Padel does not accept liability for any loss arising, but every effort will be made to keep the information up to date and accurate. Pacific Padel reserves the right to limit quantities able to be ordered by you or delivered to you. If your online order is reduced in accordance with this clause, the price payable by you for that online order will be adjusted accordingly. 

​

Cancelation of orders

6.7 We reserve the right to cancel any order (in full or part) where: 

​

6.7.1 you are in breach of these Terms and Conditions; 

​

6.7.2 Pacific Padel reasonably suspects that a fraud has occurred or you are purchasing goods for the purposes of resale or resupply;

​

6.7.3 Pacific Padel becomes aware after that the goods are unavailable or out of stock;

​

6.7.4 there has been a genuine pricing or product description error by Pacific Padel or its supplier; or

​

6.7.5 there is an error in your order.

​

6.8 We will refund any amount already paid in respect of any cancelled order (and in the case of part cancellation of an order, we will refund the amount paid that relates to the cancelled portion of the order).

​

Delivery

6.9 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.

​

6.10 Delivery time is subject to stock availability from the fulfilment locations. 

​

6.11 Unless otherwise stated, courier charges are payable in addition to the product price. A number of different delivery methods may be used depending on the type of order.

​

Consumer Guarantees

6.12 All goods purchased from Pacific Padel come with guarantees that cannot be excluded under the New Zealand Fair Trading Act 1986 and Consumer Guarantees Act 1993. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

​

6.13 If there is a problem with an item you have purchased from Pacific Padel you can return it to us. Upon assessment, Pacific Padel will offer a full refund or replacement if there is major problem with the item. We may offer of a repair or replacement if the problem is not major.

​

6.14 When making a return, you must provide us with your proof of purchase (e.g. your Pacific Padel receipt, online tax invoice). 

​

6.15 Any refund will be provided via the same method of payment as the original purchase.

​

6.16 To assist us in resolving any problems you may experience, please inspect the goods upon taking delivery and report any shortage, discrepancy, defect, wrong specification or similar problem to us as soon as you become aware of it.

​

CHANGES TO TERMS AND CONDITIONS

​

7.1 Pacific Padel may from time to time change, alter, adapt, add or remove portions of these Terms and Conditions and, if it does so, will post any such changes on this Website. Your continued use of the Website after such changes constitutes your acceptance of those changes.

​

CHANGES TO WEBSITE

​

8.1 Pacific Padel may change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict your access to parts or all of the Website at its discretion without notice or liability.

Jurisdiction

​

9.1 The Terms and Conditions of the Website and the Content shall be governed and construed in accordance with the laws of New Zealand and the New Zealand court shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.

Termination and Suspension

​

10.1 Pacific Padel (and any persons authorised by it), may at its sole discretion immediately suspend or terminate your right to use the Website without any warning if it considers that you have contravened any of these Terms and Conditions. This is without prejudice to any other rights or remedies that Pacific Padel may have. 

​

PRIVACY POLICY

​

11.1 Pacific Padel is committed to protecting your privacy and ensuring that your personal information remains confidential. Please read our Privacy Policy for more information.

​

CONTACT US

​

If you have any questions or comments regarding these Terms and Conditions please contact us at info@pacificpadel.com.