Terms & Conditions
1.Terms and Conditions of Sale
Please read these Terms and Conditions carefully before purchasing products from us and print and keep a copy of them for your reference. We may change the content of the Sites from time to time, including the Terms and Conditions. By using the Sites (by whatever means or device) you agree that you have read, understood and accept these Terms and Conditions (as amended from time to time). If you do not agree to be bound by these Terms and Conditions, you may not place an order with us.1. Contract creation
The placing of an order anywhere on our Sites does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the dispatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the "Cancellations, Replacements and Refunds" section below. A contract is not formed at the point in time that payment has been taken from you by OCD Covers nor at the point when you receive an email from OCD Bike Covers acknowledging receipt of your order.
OCD Covers non-acceptance of an order may be a result of one of the following:
The product(s) you ordered being unavailable from stock;
Our inability to obtain authorisation for your payment;
The identification of a pricing or product description error;
2. Prices
All prices are quoted in New Zealand Dollars, and unless indicated otherwise, the prices include GST. Any delivery charges are additional, unless otherwise specified. OCD Covers accepts Visa, Mastercard, and Internet Bank Transfer.
Although we endeavour to ensure that all pricing information on our Site is accurate, occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before dispatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order.
Where a particular product is part of a combination offer with a general discount applied, the discounted price for the combination is relative to the non-discounted prices for the constituent products. We reserve the right to alter prices and delivery charges without notice in the event of major currency fluctuations, changes in the rate of GST or other taxes, or other market conditions. We also reserve the right to terminate any special offer at any time, without notice.
3. Availability
All products and services are subject to availability.
4. Delivery
We deliver to most addresses in New Zealand. For further details of the prices and timeframes for delivery please go to the Delivery page of our website. We reserve the right to restrict deliveries or to withdraw services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.
Our deliveries are made by third party carriers. If you are not at home when your delivery arrives and do not give specific delivery instructions, the delivery driver will leave a card indicating that they were unable to product, with details on how to go about receiving your order. A reminder card will be sent to you after five days. Orders not collected within 14 days of the initial attempted delivery will be returned to us and an OCD Covers Service Representative will contact you to arrange further delivery.
You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged.
5. Cancellations, Replacements and Refunds
If you buy any of products and find them to be faulty or unsuitable for your purpose please see our Quality Guarantee section below.
If you change your mind about some or all of your order, you may also cancel your order up to and including 14 calendar days after the day on which you receive your order and we will arrange to collect (free of charge) the unwanted products and reimburse the appropriate sum paid including delivery costs (if any) within 14 calendar days after the day on which you tell us that you wish to cancel.
However, if you handle the goods whilst they are in your possession in a way which would not be permitted in a shop (for example, by installing or using the product or damaging the packaging), we will reduce your refund to reflect the reduction in the value of the goods.
Please let us know if you wish to cancel an order by contacting our Customer Services team using one of the methods in the "Contact Us" section below. If you are e-mailing us or writing to us please include details of your order to help us identify it.
All refunds given will be made by the same payment method you originally used to make payment.
7. Quality Guarantee
8. Security
All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available. If you have any questions about any aspect of site security please contact our Customer Services team using one of the methods in the "Contact Us" section below.
9. Re-Sale
Racks and covers purchased from us are for the customer's own use only (which may include their use as gifts for third parties). Products may not be re-sold or otherwise used for commercial purposes.
If you are a corporate partner or would like to hear about corporate partner opportunities, please contact us on peter@ocdcovers.co.nz
13. Intellectual Property Rights
In these Terms and Conditions, Intellectual Property means statutory and other proprietary rights in respect of trademarks, patents, circuit layouts, copyright, confidential information and all other rights with respect to intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967.
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks and any other present and future Intellectual Property rights and rights in the nature of Intellectual Property rights existing in and to the Sites including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms and Conditions shall be construed as an assignment to you of any such Intellectual Property rights.
Any use (including copying, reproduction, duplication, transmission, or display of the content of the Sites, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
Permission is granted to electronically copy, and to print in hard copy, portions of the Sites for the sole purpose of placing an order with us or using the Sites as a shopping resource.
14. Privacy and data protection
We collect and process information about you in accordance with our Privacy Policy. By using the Sites you consent to such collection and processing and you warrant that all data provided by you is accurate.
16. Limitation of Liability
We have taken all reasonable care in the preparation of the content of our Sites. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Sites or their contents (including, without limitation, its accuracy or any views or comments made).
You warrant and represent that you have not relied on any term, undertaking, inducement or representation made by, or on behalf of, OCD Covers which has not been expressly stated in these Terms and Conditions.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in these Terms and Conditions excludes or limits OCD Covers liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and OCD Covers liability is limited to the maximum extent permitted by law.
OCD Covers excludes, to the maximum extent permitted by law, all (direct and indirect) or consequential liability that may arise as a result of the supply of specific goods and services under these Terms and Conditions arising under any theory of liability, including negligence.
OCD Covers will not be liable to you or to any third party for any loss, damage or costs which arise in contract, tort (including negligence), under any statute or otherwise as a result of:
Your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner;
Your failure to comply with the recommendations set out in the "Risks, warnings and storage conditions" section above;
Any breakages or failures involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective; or
Your cause or contribution to the loss, damage or costs.
OCD Covers excludes, to the maximum extent permitted by law all implied rights, remedies, guarantees, conditions and warranties of or in favour of you or a third party in respect of the supply of specific goods and services under these Terms and Conditions and in particular, if any term, condition or warranty is implied into these Terms and Conditions and cannot be excluded, then warranty will be limited as determined by OCD Covers People in its sole discretion to:
in the case of goods, any one or more of the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
in the case of services, the supplying of the services again (directly or indirectly) or the payment of the actual cost of having the services supplied again.
OCD Covers limits its aggregate liability under or in connection to the supply of specific goods and services under these Terms and Conditions to the GST exclusive aggregate price paid by you for the specific goods or services that gave rise to the liability. Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms and Conditions is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen. OCD Covers People is not responsible for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any event which is outside of our control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.
17. Indemnity
You must indemnify OCD Covers against any claims, complaints or liabilities of any nature arising out of or in connection with your breach of these Terms and Conditions or any negligence, reckless or wilful act or omission by you or any person you are responsible for with respect to any non-compliance with laws and regulation or the violation of the rights of any third party.
20. Contact us
If you have any questions regarding orders or any general enquiries please do let us know by:
New Zealand
Email: sales@ocdcovers.co.nz
Post: OCD Covers, 56B Firth street , Matamata 3400
Phone: 027 291 8106
19. General
Amendments
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the website. By continuing to use the Sites or purchasing products from us, you agree to be bound by the Terms and Conditions and any updates and amendments.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand.
Severability
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, that part is taken to be deleted from the Terms and Conditions and will not affect enforceability of the remaining provisions.
No Waiver
The failure or neglect by OCD Covers People to enforce any of its rights under these Terms and Conditions will not be deemed to be a waiver of those rights.
Assignment
We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms and Conditions. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms and Conditions without our prior written consent.