The following terms and conditions of purchase are entered into between the customer (Customer) purchasing the goods contained within the Customer's online shopping cart at the time of checkout (Goods) on Rocket's website www.rocketspeedequipment.com (Website), and RSE (2007) Limited trading as -Rocket Speed Equipment, (Rocket), and forms a binding agreement (Agreement). By clicking the "I accept" button the Customer agrees to be bound by the following terms and conditions.
1.1 Rocket agrees to supply, and the Customer agrees to purchase, the Goods displayed in the Customer's online shopping cart at the time of checkout, for the confirmed final purchase price (Price).
3.1 The Customer agrees that the Price shall at all times be:
(a) in New Zealand dollars, or as otherwise specified by Rocket;
(b) inclusive of GST, and other New Zealand taxes and duties which may be applicable;
(c) inclusive of delivery, as confirmed by the Customer at the time of checkout; and
(d) exclusive of and plus any additional costs associated with delivering the Goods.
3.2 The Customer shall pay the Price at the time of checkout, by direct debit, internet banking transfer or credit card, to Rockets nominated bank account. The Customer's order for the Goods shall not be confirmed until the Price is received by Rocket in cleared funds, without deduction or setoff.
4.1 Once an order is received by Rocket, it cannot be cancelled by the Customer, unless Rocket provides its prior written consent.
4.2 Should any Goods be out of stock, or unavailable for any reason, and Rocket is unable to source the Goods within a reasonable period, in its sole discretion, Rocket may either cancel the Customers order in full, or that part of the Customers order related to the out of stock or unavailable Goods, and notify the Customer accordingly. A refund shall be provided in relation to that part of the order that has been cancelled.
4.3 If the Customer fails to pay any monies owing or otherwise breaches a term or condition of this Agreement, Rocket may (without prejudice to any other remedies available to it) within 10 days of notifying the Customer to remedy the breach, and the Customer failing to remedy the breach, suspend or terminate this Agreement immediately and all outstanding monies owing under this Agreement to Rocket (if any), will immediately fall due and payable.
5.1 Ownership and risk in the Goods shall pass to the Customer at the time that Rocket receives payment of the Price in full, in cleared funds.
5.2 If the goods are not in stock, risk and title in the Goods shall transfer to the Customer when the Goods related to the Customers order are received by Rocket.
6.1 Upon payment of the Price, Rocket shall, based on the Customers preferences selected at the time of checkout, arrange delivery of the Goods to the Customer's nominated shipping address.
6.2 Delivery of the Goods is at the Customer's risk.
6.3 If the Goods that the Customer has ordered are not in stock, Rocket will notify the Customer by email, and provide an estimated timeframe as to when Rocket expects to receive the Goods.
7.1 Rocket will use reasonable endeavours to pass on any manufacturer warranty to the Customer in relation to the Goods, if applicable. For the avoidance of doubt, manufacturer warranties are not made by Rocket.
7.2 Rocket will provide reasonable assistance for a Customer to make a claim against a manufacturer's warranty.
7.3 Rocket does not give any warranty or representation of any sort as to the results, outcomes or performance to be achieved or expected from use of the Goods.
7.4 The Customer may return unused, unmodified, unsoiled Goods to Rocket in their original, undamaged packaging, together with all manuals and other documentation, within 7 days of purchase provided the Customer has proof of purchase. All costs and expenses associated with returning the products will be met by the Customer. Rocket shall provide a refund of the Price, less a restocking and administration fee of 25% of the Price. Refunds shall be made in the same method as payment was received by Rocket, unless otherwise agreed.
7.5 If the products are faulty Rocket will meet its obligations to the extent required by law and under this Agreement.
7.6 If the Customer acquires the Goods for a business purpose, the Customer agrees that the provisions of the Consumer Guarantees Act 1993 do not apply.
7.7 The Customer indemnifies Rocket from any liability arising from the Customer on-selling the Goods in trade and failing to exclude as applicable such legislation.
8.1 Notwithstanding anything else in this Agreement, Rocket will not be liable to the Customer for any loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses suffered by the Customer or any third party arising out of or flowing from any breach of contract, any pre-contractual misrepresentation, or other dispute arising out of this Agreement and whether actionable in contract, tort (including negligence), equity or otherwise..
8.2 If Rocket is found liable for any loss or damage (including that set out above), Rocket's liability shall not exceed the price of the Goods provided by Rocket to the Customer to which the liability relates.
9.1 The Customer acknowledges that Rocket (or a third party where applicable) owns the intellectual property rights in the Goods, the Website, and any Website or other content, and unless expressly provided for in this Agreement, nothing gives the Customer any right, title, or interest in such intellectual property by virtue of the Customer's purchase of the Goods, or the Customer's access to the Website or such other content.
9.2 You must not copy, reproduce, translate, adapt, vary, decompile, modify or disseminate the products to a third party or do anything to damage or otherwise endanger Rocket's (or a third party's) intellectual property rights in the Goods. If the Customer discovers any improvements to the Goods the Customer must provide the details of such improvements to Rocket immediately and do all things reasonably necessary to ensure that the intellectual property in such improvements and the rights to obtain any relevant protection belongs to Rocket.
10.1 All intellectual property and other information belonging to Rocket which by its nature is intended to be treated as confidential will be confidential information for the purposes of this Agreement and the Customer shall not disclose any confidential information to any third party.
10.2 Any special pricing or discounts shall be deemed to be confidential for the purposes of this Agreement.
10.3 Rocket agrees to use reasonable endeavours to maintain confidentiality of any of the Customer's payment details that it receives.
11.1 If the Customer is an individual, the Customer has rights under the Privacy Act 1993 (or its successor legislation) to access the Customer's personal information held by Rocket and to request the correction of such personal information.
12.1 No failure or omission by a party to carry out or observe any of the terms of this Agreement will give rise to any claim against that party or be deemed a breach of this Agreement, if such failure or omission arises from any cause reasonably beyond the control of that party.
13.1 Every notice given under the terms of this Agreement will be sufficiently given if posted or successfully transmitted by email to the intended recipient at his/her or its last known address. The Customer will notify Rocket in writing of any change to the Customer's postal address, physical address, and email address.