Terms and conditions of use
Please Read Carefully:
Amendment of Terms:
Athlete-X® reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access pages on the website.
Links To Other Websites:
Athlete-X® may from time to time provide on its website links to other websites for your convenience. Athlete-X® takes no responsibility for any of the content found on the linked websites nor does Athlete-X® accept any responsibility whatsoever for information or advice provided to you directly or indirectly by these linked websites.
Athlete-X® products in particular 'Contact Sports' products are produced and manufactured under strict controls of quality and resistance to provide a high degree of support / protection to assist in reducing injury.
These products are not warranted to PREVENT injury.
The user, therefore assumes full responsibility for all risk of injury.
We advise amateur athletes to use all fitness gear under the supervision of a qualified trainer / coach.
If the payment method for your goods purchased on the Athlete-X® website is by credit card and payment is not received by Athlete-X® from the card issuer or its agents, you agree to pay all amounts due upon demand by Athlete-X®.
Please be aware that all goods remain the property of Athlete-X® until full payment is received.
Your card issuer's agreement governs your use of your designated card in connection to purchases, and you must refer to such agreement with respect to your rights and liabilities as a cardholder.
All prices are shown on this website are in New Zealand dollars (NZD). Payments must be received in New Zealand currency. We reserve the right to amend our prices from time to time.
All payment information which Athlete-X® receives from its customers is protected by Athlete-X®’s secure server. Athlete-X®’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Athlete-X® collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
Athlete-X® does not sell or deal in personal or customer information. Athlete-X® may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Athlete-X® may use the information that you provide to improve its website and its services.
Athlete-X® may disclose information in good faith and where Athlete-X® is required to do so:-
(i) by law or by any court;
(ii) to enforce the terms of any of our customer agreements;
(iii) to protect the rights, property or safety of Athlete-X®, its customers or third parties;or
(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
Copyright And Restriction of Use:
You are only permitted as a customer of Athlete-X® to use this website for the purposes of information / educational use only. You are not permitted to reproduce the content for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise distribute any of the content that you download from this website. Athlete-X® expressly reserves all copyright in its website and in all information on its website.
Trademarks and Restriction of Use
You are not permitted to use any trade marks, tradenames, graphics or designs that are on Athlete-X®’s website for the purpose of sale. If you breach Athlete-X®’s trade marks then Athlete-X® reserve the right to take action against you.
We invite you to contact us for possible limited authorisation of said information.
These terms and conditions represent the whole agreement between you and Athlete-X® concerning your use and access to Athlete-X®’s website and your use and access to the information on it.
Returns/Refunds/ Exchanges -Policy
PLEASE NOTE: Our Shipping Partners and Athlete-X will not accept claims for packages undelivered which contained addresses provided by the customer which were either incorrect or incomplete. It is the sole responsibility of the customer to ensure the address is correct at the time the order is placed.
If an item is returned back to us due to an incorrect or incomplete address we will not provide a refund on the original freight charge. If a request is made to have the package forwarded to the correct address - the customer is responsible for the freight charges.
This Returns Policy is applicable to purchases made online from www.athlete-x.co.nz (‘Athlete-X Online’) only.
For purchases made from other stockists, please see the relevant store for details.
International Returns Notification
We must be notified of an exchange request within 28 days of the product being dispatched.
Upon notification we will issue you with a return code to be placed on the outside of your package and a return address dependant on your reason for return.
International Returns - Due to Non Claim or Refusal to pay Taxes
Compensation is not offered for the freight portion of an order returned to us if:
The Addressee does not claim their package after notification has been sent to them by their regions freight forwarding company or Customs Department.
The Addressee refusing to pay for any Customs Taxes associated with the delivery of their package once it reaches their region.
As we ship worldwide it is not possible for us to know the different charges if applicable to goods imported by them.
We urge you to call your customs department prior to ordering to inquire about any applicable charges to importation of goods.
N.Z National Returns Notification
We must be notified of an exchange request within 7 days of the product being dispatched.
What if your items does not fit?
We will gladly 'exchange' an item to an alternative size if your item does not fit.
Prevention is always best - Please ask any questions with regards to sizing prior to purchasing your product as shipping costs for return and re-shipping is the responsibility of the customer.
What if you selected an incorrect product?
Please ensure that you know what you are ordering. If your order has arrived and you realise that you have selected an incorrect item when placing your order please notify us immediately.
We are happy to 'exchange' the item for you however 'we will not provide a refund on the original freight charge' the customer is responsible for the freight charges for the return of the item both ways.
We are not obligated to provide the customer with a 'refund' as an alternative to an 'exchange' however we may offer this if requested. Please note that PAYPAL charges a fee if REFUNDS are processed and this is passed on to the customer.
If unsure please ask BEFORE you request a return/exchange/refund.
The item sent back to be exchanged must be sealed / unopened, with packaging in as new /original condition, and accompanied by a valid receipt.
Under the Consumer Guarantees Act 1993 (‘CGA’), you have guaranteed legal rights for goods [and services] you buy.
These are called ‘consumer guarantees’, and include the following:
- A guarantee that the goods are of acceptable quality, such that the goods are:
- fit for any particular purpose made known by you, or for which we represent that they are or will be fit;
- a guarantee that the goods correspond with any description with which the goods are supplied; and
- a guarantee that the goods correspond with any sample or demonstration style where the goods are supplied by reference to such sample or style.
If the goods we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.
The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.
Please notify us within 60 days of purchase if the goods we supply do not comply with a consumer guarantee, but can be remedied within a reasonable time, we will either repair the goods or replace the goods with goods of identical type.
A ‘major failure’ is where the failure in the goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a ‘failure of substantial character’ as set out by section 21 of the CGA.
If a failure amounts to a major failure, you are entitled to return the goods within 60 days of purchase and choose to have a replacement of the returned goods or a refund. Alternatively, you may elect to retain the goods and obtain compensation for the reduction in value of the goods.
Where you choose a replacement, we will where available, provide goods of the same type and similar value to the returned goods.
Delivery Charges for goods found to be faulty
Any shipping costs to return the original goods to Athlete-X will be at the cost of Athlete-X, where Athlete-X considers the goods to have breached a consumer guarantee. If on examination of goods returned to Athlete-X, the goods are found to not be in breach of any consumer guarantee, Athlete-X may charge you a fee for examining the goods, and any cost to return the goods to you.
Please note that goods must be returned within the periods states above and you may be asked to demonstrate that you have purchased the goods from Athlete-X Online and that the problem with the goods was not your fault.
Refunds will be issued at the discretion of Athlete-X.
Refunds will normally be processed within seven (7) days.
What happens if I place an order and then change my mind?
If your order has not yet been shipped and you would like to cancel the order we are happy to process a refund for you however there we do charge an admin fee of 5%.
ie: Order total is $100NZD - Refund is $95.00
Goods Damaged in Transit
If any goods arrive damaged, please contact Athlete-X within 24 hours of delivery. Athlete-X will arrange to have the damaged item returned to the Athlete-X Store and either repair or replace the goods or refund the price to you, at its election. Damaged goods must be returned to the Athlete-X in the condition received by you with all original packaging, together with all packing slips.
If for any reason you wish to cancel your order before it has shipped please be aware that there is a cancellation fee for processing your refund. The PayPal gateway that we use charges a refund processing fee and this is added to the restocking fee which includes repackaging and administration costs. The restocking fee is dependant on the total of the refund and the packaging replacement. If you would like to know the cost prior to cancelling your order or 'part' of your order please contact us before requesting a cancellation
Where you have an issue relating to your order, please have your order number with you. If your issue remains unresolved after discussing it with Athlete-X, please contact the Athlete-X Team on +64 9 303 1194 email:firstname.lastname@example.org
This returns policy is not intended to exclude or limit any rights which you may have as a consumer under the Consumer Guarantees Act 1993, and may not necessarily describe all rights you may have.