We are Performance Sports Limited, a wholly owned subsidiary of Chapter 2 Sports Limited. Performance Sports Limited, Chapter 2 Sports Limited and their associated companies are together referred to as “CHAPTER2” hereinbelow.
These are the terms and conditions (these “Terms”) subject to which we sell and supply the products listed on our website at https://www.chapter2bikes.com/ (“the Seller’s Website”) to you. Please read these Terms carefully before you submit any order to us. For the avoidance of doubt, these Terms are only applicable to the sale and purchase of our products conducted through the Seller’s Website and, unless otherwise specified, do not apply to any sale and purchase of our products conducted by other means.
- 1.1 “Seller” means Performance Sports Limited, its successors and assigns or any person acting on behalf of and with the authority of Performance Sports Limited.
- 1.2 "Buyer" means any person(s) offering to buy the Goods as specified in any invoice, document or order, and, if there is more than one Buyer, is a reference to each Buyer jointly and severally.
- 1.3 "Goods" means all goods listed in the Buyer’s order submitted via the Seller’s Website which the Buyer offers to buy from the Seller from time to time.
- 1.4 “Contract” means the binding contract between the Seller and the Buyer for the sale and purchase of the Goods via the Seller’s Website.
- 1.5 “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
2. GENERAL DISCLAIMER
- 2.1 Although the information and recommendations on the Seller’s Website are presented in good faith to be correct, the Seller makes no representations or warranties as to the completeness, the accuracy and/or the timeliness of such information and recommendations. Any information is supplied for general information only and upon the condition that the person receiving it will make their own determination as to its accuracy and its suitability for their purposes prior to its use.
3. OFFER AND ACCEPTANCE
- 3.1 All information on the Seller’s Website is only an invitation to treat, and is not an offer or unilateral contract. The Buyer agrees that his/her order is a binding offer to purchase the Goods from the Seller on these Terms.
- 3.2 The Seller shall only supply the Goods to the Buyer on the basis that these Terms shall be the conditions of the Contract, together with any terms and conditions contained in the Seller’s confirmation of order (if applicable), to the exclusion of all other terms.
- 3.3 All orders placed through the Seller’s Website are subject to the Seller’s acceptance. For the avoidance of doubt, acceptance of the order and the formation of a Contract only takes place when an email confirmation of the order (“Email Acceptance”) is sent from the Seller to the Buyer.
- 3.4 The Seller may choose not to accept or cancel the order in the Seller’s absolute discretion under these Terms or for any reason whatsoever without liability to the Buyer or any third party.
- 3.5 The Buyer agrees that the Seller may amend these Terms at any time. If the Seller makes a change, then that change will take effect from the date on which the Seller publishes the same on the Seller’s Website. The Buyer will be taken to have accepted such changes if the Buyer makes a further request for the Seller to provide Goods to the Buyer.
- 4.1 The prices of the Goods are as displayed on the Seller’s Website. All prices shown on the Seller’s Website are inclusive of shipping but local taxes/duties may be payable by buyer, unless it is stated otherwise on Seller's Website. Prices may change from time to time, but price changes will not affect any order which the Seller has accepted in any Email Acceptance.
- 4.2 All bank charges arising from or in connect with any order shall be borne by the Buyer.
- 4.3 If the Buyer has a discount code, he/she may enter it in the ‘Use Discount Code' field in the checkout page on the Seller’s Website and click on 'OK'. Only one discount code will be accepted per order. The terms and conditions may vary for each discount code and the Seller reserves the right not to accept, honor, or impose conditions on the honoring of, any discount code. The Seller reserves the right to cancel an order in the event that an unauthorized discount code has been used.
- 5.1 The Buyer shall pay for the Goods by the payment method as indicated in the checkout page on the Seller’s Website.
- 5.2 Unless the Seller has agreed to extend credit to the Buyer, payment is to be made in advance at the time the order is placed by the Buyer. The Seller may retain the Goods or part of the Goods under a lien until the amount owing is paid in full. For the avoidance of doubt, payment for any order must be received by the Seller in full before the Goods related to such order can be released for shipment.
- 5.3 Where the Seller has agreed to extend credit to the Buyer, payment is to be made in full without set off or deduction by the due date recorded on the invoice. If the Seller does not receive payment in full, without set off or deduction, on or before the due date:
- a. The Buyer shall pay interest on the unpaid amount from the due date for payment until the actual date of payment at the Seller’s banker’s unsecured commercial overdraft rate plus 5% per annum charged on a daily basis, and a late payment administration fee of NZ$100 together with any applicable taxes; and
- b. The Buyer shall indemnify the Seller in respect of all costs, fees, damages and expenses incurred by the Seller as a result of the non payment, including but not limited to the costs of collecting the overdue amounts (including legal costs on a full indemnity basis); and
- c. The Seller may without limiting any other right or remedy, suspend or cancel further delivery of Goods to the Buyer.
- 5.4 Subject to these Terms, in the event that the Seller does not accept or cancels an order from the Buyer, if the Buyer’s credit card, bank account or any other third party payment account has already been charged for such order that is later rejected or cancelled, the Seller will issue the Buyer a refund to his/her original purchasing account.
- 6.1 Orders will be sent, via the Seller's nominated carrier, to the delivery address that the Buyer has stated in his/her order. The Seller shall bear no responsibility if the delivery address given by the Buyer is incorrect or incomplete.
- 6.2 The Buyer will receive an email containing shipment information regarding the order after the order has been dispatched. Delivery of any order is taken to occur at the time that the Seller (or the Seller's nominated carrier) delivers such order to the Buyer's nominated address even if the Buyer is not present at the address.
- 6.3 Property in the Goods shall be passed to the Buyer when the Goods are delivered to the Seller's nominated carrier. Once the property in the Goods have been passed to the Buyer, all risks of damage to, or loss of, the Goods shall pass to the Buyer. If the Buyer fails to take delivery or the carrier is unable to deliver the Goods, the risk in the Goods will still pass to the Buyer, and the Seller shall be entitled to charge the Buyer for any additional storage costs or delivery fees incurred by the Seller.
- 6.4 Any delivery time indicated on the Seller’s Website shall be approximate and for reference only and shall not be deemed to be of the essence of the Contract.
- 6.5 The Seller has the right to deliver the Goods by instalments.
- 6.6 Failure to make any delivery, any delaye