Terms and Conditions of Sale
Thank you for shopping with us! We really appreciate your business and your interest in our products. We want to make sure you have a good experience purchasing from our webstore.
Acceptance of these Terms. You (“Customer”) may place orders for Products with Specialized New Zealand Limited (“Specialized,” “we,” “our”) via our website (e.g., www.specialized.com/nz/en) or, in certain circumstances, over the phone. “Product(s)” collectively means any and all items being sold by Specialized to you in New Zealand. By placing an order, you consent to these Terms and Conditions of Sale (“Terms”) and acknowledge that we will furnish the Products subject to these Terms. Unless expressly agreed to or set forth in writing by Specialized, any term or condition in any order or other form or correspondence that is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever.
Orders. All orders are subject to Specialized’s acceptance. This means Specialized may for any or no reason refuse to accept or may cancel or limit any order, or order quantity, whether or not the order has been confirmed. Your receipt of an order confirmation does not mean our acceptance of your order, nor is it a confirmation of our offer to sell. We are simply confirming we received your order. If we cancel an order after you have already been charged, Specialized will refund you the charged amount. All orders must be associated with a billing and shipping address in New Zealand.
Product Offering. All Product descriptions on our websites are subject to change at any time without notice, at our sole discretion. We reserve the right to change or discontinue a Product at any time. We have made every effort to display the colours and images of the Products as accurately as possible. We cannot guarantee that your device’s display of any colour will be accurate and a true reflection of the physical item upon receipt.
Price. All prices on our website are subject to change and inclusive of the applicable Goods and Services Tax (GST), but exclude any applicable shipping charges. We reserve the right to change pricing at any time or correct pricing errors that may inadvertently occur. All prices are listed in New Zealand Dollars.
Special Offers. From time to time, we may be offering special promotions for some or all of our Products, including discounts, limited edition products, or free shipping. These offers may be for a limited time only and Specialized reserves the right to change or discontinue such offers at any time.
Payment. All orders must be paid in full prior to shipment. Forms of payment and/or financing are available as described on the product page or during the checkout process. Shipment of any order is subject to verification of payment information and availability of funds. We reserve the right to change available payment and financing options at any time without notice.
Shipping. Available shipping options will be displayed during the checkout process. Any timeframe provided by Specialized for when the Product(s) may ship or be delivered is a good faith estimate. While we do our best to meet that timeframe, it is not a guarantee. Actual delivery of your order can be impacted by many events some of which are beyond our control. Specialized cannot be held liable for late deliveries. If you no longer have use for an item due to a late delivery, please contact our Customer Service Department immediately. You can also refer to our return policy for available options.
All risk of loss or damage to the Products shall pass to you, or a person designated by you, upon taking physical possession of the Product(s). Title in the Product(s) shall pass to you when the Product(s) are picked up at Specialized’s warehouse by the designated shipping carrier. If items are lost or damaged in transit, please contact our Customer Service Department.
Returns. Except as otherwise stated by Specialized in writing, you may not cancel an accepted order without our prior written consent, which we may withhold in our discretion. For more information on returns, please refer to our returns pages linked at the bottom on our websites or to the packaging slip provided with the Product(s).
Warranty. For more information regarding our warranty policy, please refer to the written warranty included with the Product and/or the warranty page(s) linked at the bottom of our websites.
Not for Resale. Products sold on our websites are for end-user customers only and not for resale. We reserve the right to refuse or cancel any order if we suspect you are purchasing Products for resale.
Dispute Resolution and Applicable Law. If any dispute or difference arises between us out of, or pursuant to, these Terms or in relation to any breach thereof, the parties will in the first instance do their utmost to settle such dispute or difference amicably. These Terms shall be governed by and construed and interpreted in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand or any court which may have appeals from such courts.
Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify and hold Specialized harmless from and against any and all claims, costs, proceedings, demands, losses, defense costs (including, without limitation, reasonable attorney’s fees and costs) of any kind or nature arising from the breach of the Terms by you or anyone using your account.
13. Exclusions and Liability. Nothing in these Terms excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993, or any other rights or guarantees implied by statute that cannot be limited, excluded or modified.
Severability. In the event that any provision of these Terms is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and such invalid or unenforceable provision shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties expressed in these Terms.