Terms and Conditions
1. Licence to use Site
1.1 We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
1.2 You must not add any content to the Site:
1.2.1 unless you hold all necessary rights, licences and consents to do so;
1.2.2 that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
1.2.3 that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
1.2.4 that would bring us, or the Site, into disrepute; or
1.2.5 that infringes the intellectual property or other rights of any person.
1.3 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website.
1.4 You acknowledge and agree that:
1.4.1 we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
1.4.2 the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Delivery Policy
2.1 Any order made via this site is an offer to purchase one or more products. When we receive a valid order we will accept the offer by confirming to you via email that we have received and are processing the order.
2.2 Your order will be delivered by Courier Post or PBT Couriers and you will be able to monitor the delivery progress of your order via their ‘Track & Trace’ service, details will be emailed to you.
2.3 We will not be able to alter your order once the order confirmation email has been sent.
2.4 Please provide a daytime delivery address where somebody will be available to accept your order. Should this be a business address, please advise the
business name or building name.
2.4.1 Gift Vouchers are a virtual product and delivered by email only
2.5 We will not courier to Private Bags or P O Box addresses.
2.6 We can send orders internationally,
2.7 Delivery charges include packaging, delivery and insurance within New Zealand only and are non-signature required, for Courier Post, and signature required for PBT Couriers.
2.8 The standard 2-3 working day delivery service commences from receipt of payment to New Zealand residents for orders with payment received before 2pm on weekdays.
2.9 The priority overnight delivery to most New Zealand destinations for orders with payment received before 2pm on weekdays. Delivery will be the next working day in your region. There will be additional charges for this service.
Freight Charges within New Zealand
Free Delivery - Orders over $100.00
$6.00 - Orders less than $100.00
$10.00 - Priority Overnight Delivery
2.10 Tracking Your Order (New Zealand orders only)
2.10.1 You will receive the “Track and Trace” details of your order via email, once your order is dispatched. These details will be available online by visiting www.courierpost.co.nz or www.pbt.co.nz and entering the tracking code included in the dispatch email. Our expectations are that the majority of orders received by 2pm will be shipped the same business day.
2.11 Estimated Delivery Times
2.11.1 If you receive your email order confirmation before 2pm on a weekday, your order should be sent the same day. A small number of orders may require extra processing time and will be dispatched the following business day. Your order may be delayed due to the following:
2.11.1.1 The item requested is currently out of stock;
2.11.1.2 Rural and some residential areas may take additional time;
2.11.1.3 Your credit card details are invalid;
2.11.1.4 Your billing address has been entered incorrectly;
2.11.1.5 The weekday is a public holiday.
2.1 International Freight charges (NZD)
2.13 To Australia, East Asia, North America, UK & Europe (some Countries, we are unable to deliver to)
2.14 We use New Zealand Post International Economy Courier. Delivery is 2-6 working days, and Freight is charged by weight. The average rugby jersey weighs approx.250 grams, the following freight costs are for orders up to 500 grams. If your order exceeds this weight we will contact you, alternatively please request a quote before placing your order.
Australia - Up to 500 gms - $25.00
East Asia & North America - Up to 500 gms - $45.00
UK & Europe - Up to 500 gms - $45.00
2.15 To South Pacific. New Zealand Post delivers by International Express Courier only, to the South Pacific. Delivery is 1-5 working days. The average rugby jersey weighs approx.250 grams, the following freight costs are for orders up to 500 grams. If your order exceeds this weight we will contact you, alternatively please request a quote before placing your order. enquiries@stirlingsports.co.nz
South Pacific - Up to 500 gms - $65.00
2.16 Tracking Your Order (International orders only)
You will receive the “Track and Trace” details of your order via email, once your order is dispatched. These details will be available online by visiting www.nzpost.co.nz and entering the tracking code included in the dispatch email. Our expectations are that the majority of orders received by 2pm will be shipped the same business day.
2.17 Here is a link to the International Economy Courier information. You may want to check with your local customs agent regarding duties and taxes as they vary depending on country. http://www.nzpost.co.nz/sending-internationally/parcels/international-economy-courier
3.0 Pricing & Payment
3.1 Each Stirling Sports store is franchised which means that stores are individually owned and operated by the franchisee of the store including any website. We try to maintain consistent pricing across our stores, however some prices may vary from region to region.
3.2 All prices are in New Zealand dollars (NZ$) and include GST (15% sales tax).
3.3 Your credit card details will not be processed or transmitted through our site. All transactions are processed through a secure payment service provider. We use DPS to provide this service and to host and manage the payment page. All transaction sessions are stored and processed in encrypted strings. Your credit card details will not be held by Stirling Sports and cannot be accessed by our Stirling Sports staff.
3.4 If we suspect any fraudulent use of our site or personal or payment details, we reserve the right to put any order on hold while we undertake the necessary checks, including bank checks. We further reserve the right to cancel any transaction following such checks.
4.0 Returns Policy for Online Purchases
4.1 We will accept returns up to 21 days from the purchase date. The products must be in the same condition you received them in and the original packaging/labelling.
4.2 We will provide a no questions asked refund if you return a purchase with 21 days of the date of purchase as long as the item/s are in the “Original Packaging and Condition” along with a completed “Returns Form” and “Proof of Purchase”. We will process your refund in the same format as the original purchase .i.e., we will credit the same credit card number used to make the purchase.
No returns will be accepted through the Stirling Sports network of stores throughout New Zealand.
4.3 Should you wish to exchange the item purchased for another item. You will need to provide proof of purchase and to pay any delivery charges applicable for the outgoing replacement item/s. The products returned or exchanged must be in a resalable condition with the original packaging intact and all labels etc returned with the item/s.
Repairs/Faulty Goods
4.4 Should you consider that the item purchased has a manufacturing fault that can be repaired, we will arrange to have the necessary repairs completed at our cost. Should the product be outside its warranty conditions, or the fault is caused through fair wear and tear, we should be able to get the product repaired at the customer’s expense.
4.5 When it is not possible or practical to repair a product, we will replace the product with the same or similar product if available. Should a replacement not be available you will be given the opportunity to either exchange it for another product to the same value as your original purchase price OR a full refund depending on your preference.
4.6 Returns Procedure
4.6.1 Use a carton or courier bag, pack product in the original packaging and send to us via a parcel carrier of your choice.
4.6.2 Complete the online returns form, click here for a downloadable returns form. Do not forget to place the fully completed returns form along with the proof of purchase along with your returned item in the courier package.
4.6.3 To aid your protection please use a courier or registered mail and retain your tracking receipt details. Please send returns to:
Stirling Sports
Upper Level
Meridian Mall
Dunedin
Note: COD’s will not be accepted.
Please retain your shipment receipt until you have received your replacement, credit or refund.
Should you require further information please contact us on 03 477 8999 or e-mail us at enquiries@stirlingsports.co.nz
4.7 Our normal returns policy does not apply to Gift Vouchers. They are non returnable and non redeemable for cash.
5. Risk
5.1 The risk of any loss of, or damage to, the products will pass to you on delivery.
6. Consumer Guarantees Act
6.1 If the products purchased are subject to the Consumer Guarantees Act 1993 you may have rights which are not excluded or limited by these terms.
7. Fair Trading Act
7.1 The Fair Trading Act 1986 is designed to protect the customer being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including pricing, where the product was made, where the product is from, the meeting of New Zealand safety standards, availability of products in store and sales techniques used.
8. Links to other websites
8.1 This site may contain links to other websites owned and operated by third parties and which are not under the control of us.
8.2 In relation to any linked sites, we:
8.2.1 provide the link to the other sites as a convenience to you and the existence of such a link does not imply any endorsement by us of the linked site; and
8.2.2 are not responsible for any material contained on those sites.
9. Use of Information
9.1 We and/or our authorised parties may gather and process any information:
9.1.1 which you may provide when accessing the site, such as your name, email address and other personal information about you; and
9.1.2 regarding the way in which in you use the site including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the site.
9.2 We do not sell or rent personal information to any third parties. We will only release account and other personal information if we believe it is appropriate to comply with law, assist court proceedings, enforce or apply our terms and conditions, or protect the rights, property or safety of us, our users or others.
10. Membership and Your Personal Information
10.1 Our registration form will require you to provide us with contact information and demographic information. We may use your contact information to communicate with you when necessary.
10.2 If you want to remove your registration please use the unsubscribe function on your email and you will automatically be removed from the mailing list.
10.3 You will be given the option when using this site to change your personal details. You are able to obtain confirmation from us that we hold personal information about you. You are entitled to request a copy of the information and/or request that corrections or changes are made to it. To make any changes to your personal information you may do so on the site or by emailing us at enquiries@stirlingsports.co.nz
11. Rights to Use Site and Content
11.1 You may only use this site for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.
11.2 You may reproduce, copy and distribute the content of this site provided the content is only used for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of our rights in the relevant content.
11.3 You may not reproduce, copy or distribute the content of this site for any other purpose or in any other way without our prior written consent.
11.4 You must obtain our prior written consent should you want to link any part of this site.
12. Warranties
12.1 You represent and warrant to us that:
12.1.1 you have the legal capacity to enter these terms; and
12.1.2 you will comply with all of these terms.
13. Termination of Access
13.1 We may terminate access to the site at any time without giving any explanation or justification for the termination of access, and we will have no liability for any costs, losses, or damages of any kind arising as a consequence of terminating access to the site.
14. Alteration of terms of site
14.1 We reserve the right to change these terms:
14.1.1 with or without further notice to you; and
14.1.2 without giving you any explanation or justification for such change.
14.2 From time to time there may be errors or omissions in the information or material provided on the site. We will correct any such errors or omissions as soon as reasonably practicable following this being brought to our attention. We will not be liable for any damages in respect of such errors or omissions.
15. Governing Laws
15.1 These terms will be governed by and interpreted in accordance with the laws of New Zealand.
15.2 You agree to the exclusive jurisdiction of the courts of New Zealand to determine any dispute arising out of these terms.
16. Intellectual Property Rights
16.1 Nothing in these terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the site.
16.2 By posting or adding any content onto the site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing and communicating the content to the public) and permit us to authorise any other person to do the same thing.
16.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party also consents in the same manner.
16.4 The licence in clause 16.3 will survive any termination of these terms.
16.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses in 16.2 and 16.3.
17. Privacy & Security
17.1 We will send our site members emails throughout the purchasing process, other newsletter emails they elect to receive and promotional material.
17.2 From time to time we may contact you to obtain further information or to offer other products or services that may interest you.
17.3 If you do not wish to receive our emails please notify us and we will remove you from our list.
18. Removal of Information
18.1 In relation to any material and/or information included on the site, we may remove any material and/or information, including but not limited to links to other sites, at any time without giving any explanation or justification for removing the material and/or information.
19. Liability
19.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business, or any consequential or incidental damages.
19.2 To the full extent permitted by law, we exclude all representations, warranties, or terms (whether express or implied), including without limitation, fitness for purpose, suitability, accuracy or completeness of this site or the content on or accessed through it.
19.3 We will not be liable for any damages, losses, expenses, indirect losses or consequential damages suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.
20. Colours
20.1 We endeavour to portray the colours of our products that appear on the site as accurately as possible however we cannot guarantee that the display of any colour will be completely accurate.
21. Disputes
21.1 If a dispute arises in relation to these terms, either party may invoke the process in this clause 21, by serving notice in writing on the other party specifying the nature of the dispute, and that parties suggested or preferred method of resolution (the "Dispute Notice"). Within 5 business days of service of the Dispute Notice, the parties must meet in good faith to try to resolve the dispute. For the avoidance of any doubt while the parties may engage counsel and/or nominate a representative they must themselves attend and participate in good faith in any and all such meetings.
21.2 If the parties are not able to resolve the dispute within 15 business days of their first meeting conducted pursuant to clause 21.1, then either party may refer the dispute to mediation using a reputable and recognised mediation service/mediation provider. Each party will bear its own costs of and incidental to such mediation and will pay one half of all mediation costs.
21.3 If mediation has not resolved the dispute within 15 business days of the matter being referred to mediation, then either party may commence court proceedings.