These terms and conditions apply to the use of this website www.rocketspeedequipment.com, which is owned by RSE (2007) Limited trading as ?Rocket Speed Equipment? (Website). In using the Website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website.
In these terms and conditions the expressions ?we?, ?us? and ?our? are a reference to RSE (2007) Limited trading as ?Rocket Speed?, the owner or operator of the Website.
We reserve the right to amend these terms and conditions from time to time. Any amendments will be effective immediately when available on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the amended terms and conditions.
Any information contained on the Website is for general information purposes only, and is not tailored to your specific needs or requirements. We may update the content of the Website, including without limitation, product availability or pricing, at any time.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included to the minimum extent required by law, but, to the extent permitted by applicable law, our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) in relation to goods, the repair or replacement of such goods, or refunding the price payable for the goods; or
(b) in relation to services, supplying of the services again or refunding the price payable for the services.
For the avoidance of doubt, these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
The purchase of any goods and/or services will be governed by our separate terms and conditions of purchase, and that where inconsistent with these terms and conditions, the terms and conditions of purchase will prevail.
If you purchase goods and/or services from us for a business purpose, then you agree that the statutory guarantees and implied terms, covenants and conditions contained in the New Zealand Consumer Guarantees Act 1993 are excluded by mutual agreement and do not apply.
You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you. You agree to comply with all applicable laws when viewing the Website and dealing with us.
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not warrant that the Website, or any linked site, is free of viruses, malicious computer code or other interference. We do not accept responsibility for interference or damage to your computer system which arises in connection with your use of the Website or any linked site. We do not warrant that the Website will be always available, free from errors, malfunctions, or other failures. The Website will be temporarily suspended from time to time for maintenance.
We may permit you to access a members only area of the Website, (Client Website). In relation to your access to the Client Website, you agree:
(a) not to share your login credentials with any other person;
(b) not to make the Client Website or the materials contained within such Client Website available to any other person; or
(c) not do, or to attempt to do, or allow anything to be attempted or done which may disable, damage, provide unauthorised access to or otherwise interfere with the proper functioning of the Website, including the Client Website.
We may exclude you from the Client Website or the Website if you breach this Agreement, or if you become bankrupt, insolvent, or otherwise unable to pay your debts as they fall due, in our reasonable opinion.
Copyright in the Website and the Client Website (including text, graphics, photos, logos, icons, sound recordings or video recordings) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the New Zealand Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions or in any other written agreement between you and us, you may not in any form or by any means:
(a) copy any of the Website content, except for the sole purpose of viewing the Website;
(b) adapt, reproduce, store, distribute, print, modify, display, perform, publish, reverse engineer, decompile, segment or create derivative works for any part of this Website; or
(c) use any information, products or services obtained from any part of the Website for a commercial purpose;
without our prior written permission.
Except where otherwise specified, any word or device to which the ® symbol is attached is a registered trade mark, and any word or device to which the TM symbol is attached is an unregistered trade mark. You are not permitted to use any of our trade marks, trade names, logo?s, devices or by-lines without our prior written consent.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we will use reasonable endeavours to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that is transmitted to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will use reasonable endeavours to preserve the security of such information.
Access to the Website may be terminated or suspended at any time by us without notice. The terms of this agreement intended to survive termination will survive any such termination.
These terms and conditions are governed by New Zealand law and are deemed to have been made in New Zealand and except where the matter is determined by an alternative dispute resolution process is subject to the non-exclusive jurisdiction of the New Zealand Courts but on points of patent, trade mark or copyright law or procedure is to be governed by the law of the country granting the patent or trade mark registration or copyright protection.
The products and services displayed on the Website may not be available for purchase in your particular country or locality. The reference to such products and services on the Website do not imply or warrant that these products or services will be available at any time in your particular location. You should check with our authorised representatives for the availability of specific products and services in your area. Any advertised pricing may not be available to you in your location, unless expressly stated. The provision of goods and/or services outside of New Zealand may attract additional taxes, delivery costs, insurance and fees.
Any personal information we may collect will be used by us as we deem necessary to respond to your inquiry, receive and process your order, for payment and delivery purposes, to progress any other action you have requested, as contemplated pursuant to our Terms and Conditions of Purchase (if applicable), to operate and improve our business and Website, and other similar uses. We may also use any personal information provided by you to measure the use of our Website and to improve their content.
At times, cookies may be used to help us serve you better. A cookie is a tiny element of data sent by a web site to your browser, which may then be stored on your hard drive so we can recognise you when you return. You may set your browser to notify you when you receive a cookie and, if you wish, to reject it, or clear cookies by using your browsers options.
We will not release your personal information that we have collected, to any third party, except if compelled by law, with your informed consent, to our other group companies or professional advisors, to fulfil an order or request you have given to us, credit checking, to protect us against unlawful activity, fraud, or any danger to public safety and to any third party service providers who are assisting us to operate, develop or improve the Website or our business, including online service providers and electronic payment service providers.
If you provide us with your email address, we may contact you for commercial, marketing and promotional purposes by email, which may include our own, or our partners?, product or service offers or information. If you wish to opt out of such emails, please notify us.
You are welcome to contact us at:
RSE (2007) Limited trading as ?Rocket Speed Equipment?
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.
14.1 The Customer agrees and acknowledge that:
(a) this Agreement is governed by the laws of New Zealand.
(b) the Customer will not assign or otherwise transfer or encumber the Customer’s rights or obligations under this Agreement except with the prior written consent of Rocket.
(c) a party will not have waived or be deemed to have waived any provision of this Agreement unless such waiver is in writing and executed by that party.
(d) termination of this Agreement for any reason will not affect such rights and obligations of the parties as are intended to survive termination.
(e) this Agreement may change at any time, in Rocket’s discretion. The amended terms and conditions will be posted on Rocket’s website, and the Customer’s continued ordering of products and services from Rocket will be deemed acceptance of the changes.
(f) this Agreement does not create any relationship of partnership, agency, employment or joint venture between the Customer and Rocket.
(g) if any provision of this Agreement is found to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation. If it cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.