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Terms & Conditions

Visiting or browsing this site constitutes acceptance of the terms of use, without qualification or limitation. Do not use this site if you do not agree to the terms of use.

We reserve the right to modify, add or remove portions of these terms and conditions or the privacy policy at any time. Any changes shall become effective immediately upon posting on the relevant pages of www.aaryathletica.com.

It is the responsibility of site visitors to periodically check for changes to these terms of use or privacy policy. Continued use of this site following the posting of terms of use or privacy policy changes is construed as acceptance of those changes.

If you have any queries regarding these Terms, please contact us at hello@aaryathletica.com.



GENERAL

This Website is owned and operated by AARY Athletica.

AARY Athletica does not accept any deviating terms and conditions of the customer unless we agree to these explicitly and in writing. The terms and conditions listed below are directed only at customers who are users, which means people who conclude legal transactions for a purpose which is attributed to personal and non-commercial use only.

By using this Website, you warrant that:

you are legally capable of entering into binding contracts

you are at least 18 years of age

the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.



PURCHASES

The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

Customers must provide AARY Athletica with complete and accurate details when making purchases. AARY Athletica is not liable if we are given an incorrect delivery address at the time of purchase or where you fail to collect the products from the delivery address which you specified. Any additional expenses in correcting the order are the responsibility of the customer.



PAYMENT

AARY Athletica accepts only the methods of payment stated on the web portal during the order process. The customer independently chooses the preferred way of paying among the offered payment methods.

All prices quoted are in New Zealand dollars (NZD) and include GST. AARY Athletica is not responsible for varying currency conversion rates charged by customers’ banks.

Customers will receive an invoice confirming the order once AARY Athletica receives payment. Some orders may be subject to fraud checks, this means you may be required to provide additional identification to verify your transaction.



LIABILITY

The customers's claims to damages or compensation of frustrated expenditures against AARY Athletica are directed – without regard to the legal nature of the asserted claim – according to these terms.

Our liability – regardless of the legal basis of customer's claims – shall be excluded unless the damage arose due to intent or gross negligence on our part, by our employees, legal representatives, or vicarious agents. Provided our liability is excluded or limited, the same goes for the personal liability of our employees, legal representatives, or vicarious agents.

We accept liability in accordance with the New Zealand statutory law for of damage resulting from injury to life, limb or health, due to intentional gross negligence or negligence of duties arising from the contractual relationship on our part, by our legal representatives, employees or vicarious agents.

In particular, we disclaim all liabilities in connection with the following:

  • Incompatibility of the website with any of your equipment, software or telecommunications links
  • Technical problems including errors or interruptions of the website
  • Unsuitability, unreliability or inaccuracy of the website
  • Failure of the website to meet your requirements.


DISPUTE RESOLUTION

All disputes and issues are to be resolved as per New Zealand Law and Jurisdiction. Only New Zealand courts are to decide any claim or complaint against AARY Athletica.



DATA STORAGE AND DATA PROTECTION

The customer acknowledges and consents to AARY Athletica storing the customer's personal data necessary to processing an order. The customer explicitly consents to collecting, processing and using their personal data. Of course, stored personal data will be treated confidentially.

The customer has the right to revoke their consent with future effect. In such a case, we are obliged to erase or block personal data in accordance with the applying data protection regulations. In case of a canceled registration processes, the erasure of personal data occurs after cancellation of the registration process.



TYPOGRAPHICAL ERRORS

AARY Athletica is not responsible for any typographical errors including representation of products as well as prices. AARY Athletica may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. AARY Athletica assumes no responsibility regarding the accuracy of the information that is provided by its websites, and use of such information is at the recipient’s own risk.



CONTENT

AARY Athletica has used its best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (‘Content’) are correct and up-to-date at the time of publication. AARY Athletica does not represent or warrant the accuracy or completeness of the Content and does not remain liable for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.

To the extent permitted by law, AARY Athletica and its directors, employees, agents and contractors exclude all liability for any consequential, indirect or incidental loss or for any loss of profits, income, business or goodwill, that occurs as a result of your use or access of this Website, and/or from you using or relying on the Content, whether or not it's caused by any negligent act or oversight on our part or by AARY Athletica’s related corporations.



SECURITY

AARY Athletica does not guarantee the security of using this site or any systems used to access this site. Further information about security in relation to your personal information can be found in our Privacy Policy.



THIRD PARTY SITES

The Website may contain hyperlinks to sites operated by third parties. AARY Athletica does not control these linked sites, and we are therefore not responsible for the content of those sites. Links are provided the instructions of the customer and are solely for your own convenience. AARY Athletica’s decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk.



INTELLECTUAL PROPERTY

(a) Copyright

All Content contained on this Website is protected by New Zealand and international copyright laws, unless indicated otherwise on this site.

You may view this site and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by AARY Athletica and then only according the conditions as stipulated by AARY Athletica; and (b) include the copyright notice "© AARY Athletica" on the copy.

You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on this Website, except as allowed by this site or as agreed by AARY Athletica in writing.

(b) Trademark Notice

This site contains registered trademarks that are, unless shown otherwise, either owned or licensed by AARY Athletica and are protected under the laws of New Zealand and other countries. You must not use AARY Athletica’s trademarks, except: (a) by saving or printing out a copy of this site as allowed under the copyright notice set out above; (b) as part of a legitimate reference to AARY Athletica or a AARY Athletica product or (c) with AARY Athletica’s prior written consent.

The use of any trademarks on this site that are not owned or licensed by AARY Athletica is not intended to indicate any association with, or endorsement by, the owner of that trademark.

(c) Intellectual Property in Designs

This Website contains graphics and other visual representations of products protected by copyright and equivalent laws in other jurisdictions. AARY Athletica takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.

Making electronic, or other, copies of products displayed on this Website with the intent of reproducing them in whole or in part is strictly prohibited.



DISCOUNT CODES

All discount codes and price discounts are in issued in NZD. Discount codes cannot be used in conjunction with any other offer (excluding clearance sale prices).



ORDER PROCESSING

Orders are processed on business days (Monday through Friday) excluding public holidays in Auckland, New Zealand.

Customers will be provided with tracking numbers once orders are shipped out.

See our shipping policies for further details.

In the event where a parcel is not claimed/refused by the receiver, our shipping provider will attempt re-delivery. If our shipment provider and/or our team is unable to arrange a re-delivery by their cut-off time, the parcel will be returned to AARY Athletica. AARY Athletica reserves the right to deduct the original and/or the return shipping fee from the full refund.



INTERNATIONAL ORDERS - TAXES & DUTIES

It is important to be aware that custom policies vary from country to country, with this in mind you may be subject to overseas custom duties and/or other taxes. If such costs do occur, they are payable by the recipient. To minimise any surprises please be sure to check with your local customs office for further information prior to finalising your purchase. 

 


FRAUD

AARY Athletica takes every measure against credit card fraud. If we suspect that a customer’s order may be fraudulent, we will contact the customer to confirm certain details. If the customer refuses to respond with the required information within 7 working days, we reserve the right to cancel the order.



CANCELLATION

AARY Athletica reserves the right to cancel any order if we are unable to provide the requested products. Customers will be immediately contacted in these cases.

AARY Athletica is not liable to compensate for any loss, expense or inconvenience customers may face as a result of cancellation.