Terms of service


OVERVIEW

This website is operated by Rush Velo NZ. Throughout the site, the terms “we”, “us” and “our” refer to Rush Velo NZ. We provide this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools added to the site will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update or modify these Terms at any time by posting changes to our website. Your continued use of the website following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e‑commerce platform enabling us to sell our products and services to you.


SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in New Zealand, or that you are the age of majority and have provided consent for any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws in New Zealand (including, but not limited to, copyright laws).
Transmission of any malicious code, viruses, or harmful elements is prohibited. Breaching any of these Terms will result in immediate termination of your Services.


SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that content (not including credit card details) may be transferred unencrypted over networks. Credit card information is always encrypted during transfer.
You agree not to reproduce, copy, sell, resell or exploit any part of the Service without our written permission.
Headings are for convenience only and do not affect the interpretation of these Terms.


SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is for general information only and should not be the sole basis for decision‑making. Reliance on any material on this site is at your own risk.
This site may contain historical information, which is provided for reference only. We reserve the right to modify site contents at any time with no obligation to update any information.


SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products are subject to change without notice. We reserve the right to modify or discontinue the Service or any content at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.


SECTION 5 — PRODUCTS OR SERVICES

Products or services may be available exclusively online. These may have limited quantities and are subject to our Returns Policy.
Every effort is made to display product colours and images accurately; however, we cannot guarantee that your monitor’s display of any colour will be accurate.
We may limit sales of our products or services to any person, geographic region or jurisdiction, and may exercise this right on a case‑by‑case basis. We reserve the right to limit the quantities of any products or services that we offer, or discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or limit any order placed with us. In the event we change or cancel an order, we may attempt to notify you using the contact details you have provided.
You agree to provide accurate, current and complete account and purchase details, and to keep such information updated.
For further information regarding returns and exchanges, please refer to our Returns Policy.


SECTION 7 — OPTIONAL TOOLS

We may provide you with access to third‑party tools “as is” and “as available” without any warranties, representations or conditions of any kind, and without any endorsement. Use of optional third‑party tools is entirely at your own risk and discretion.
Any future new services or features made available through the website shall also be subject to these Terms.


SECTION 8 — THIRD‑PARTY LINKS

Certain content, products and services available via our Service may include materials from third‑party websites or services. We are not responsible for examining or evaluating the content, accuracy and completeness of such third‑party content or links. We do not warrant and shall not be liable or responsible for any third‑party materials, websites, or products.
Please review the policies and practices of any third‑party provider and address any concerns directly with that third party.


SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit certain specific comments or suggestions at our request, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise, you agree that we may use, edit, reproduce, publish, distribute and otherwise make use of such content in any medium without restriction or obligation to you.
We are under no obligation to monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property rights or these Terms.


SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy, which is incorporated into these Terms. You can view our Privacy Policy at https://rushvelo.co.nz/policies/privacy-policy.


SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice.
Please note that we undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 — PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:
  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any applicable local, regional, national or international law or regulation;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, or other websites, or the internet;
  • to collect or track the personal information of others;
  • to spam, phish, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet.
Any violation of these prohibited uses may result in immediate termination of your access to the Service.


SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error‑free.
The Service and all products and services delivered to you through the Service are offered (except as expressly stated by us) on an “as is” and “as available” basis for your use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non‑infringement.
Nothing in these Terms is intended to limit, restrict or exclude your rights under the Consumer Guarantees Act 1993 or any other legislation in New Zealand where such legislation applies and cannot be excluded. To the maximum extent permitted by law, Rush Velo NZ, its officers, employees, contractors, agents, suppliers or service providers shall not be liable for any loss, damage, or injury (including indirect or consequential loss) arising out of or related to your use of the Service or any products purchased through the Service.


SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rush Velo NZ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, successors and assigns from and against any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.


SECTION 15 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 — TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice to you and accordingly you may be denied access to our Services (or any portion thereof).


SECTION 17 — ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.


SECTION 19 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 — CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to us at:
Rush Velo NZ

52 Remuera Road, Newmarket, Auckland 1050, New Zealand

Email: sales@rushvelo.co.nz

Important Notice: Nothing in these Terms is intended to limit your statutory rights under New Zealand law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Where those laws apply, they apply in full.