Terms and Conditions
Introduction Please read these terms and conditions carefully prior to using our website. By accessing our website you are agreeing to be bound by any and all of the terms and conditions herein.
Definitions “Conditions” means all or any of the terms and conditions of this website. “User(s)” means any user of this website, individual, collective or otherwise. “We / us / our” means Driven Performance LTD. “Website” means the website located at www.drivenperformance.co.nz or any URL which may replace it. It also refers to any page, image or data of any kind stored on this domain. “You / your” means a you as a user of this website.
Your obligations You agree: To use the website in accordance with all relevant laws and not to use the website or any part thereof for any illegal purposes. Not to act in any way, intentionally or otherwise, so as to permit the transmission of any malicious material such as, but not limited to, viruses, worms, trojan horses etc that could interfere with the normal operating of the whole or any part of this website or any computer or email account in any way associated with this website. Not to use the website in any way so as to cause disruption of normal functionality, lack of efficiency or damage to the whole or any part of the website or associated computers and email accounts. Indemnity By using this website you accept complete responsibility for and fully indemnify us against all claims, liabilities, damages, losses, costs and expenses suffered by us arising out of any breach of the terms and conditions by you or any other such individual or collective accessing the website using your computer or your internet access account.
Our rights We reserve the right to: Modify, withdraw or otherwise alter the website or any part thereof either permanently or temporarily without notice. Change any or all of these terms and conditions without notice. It is your sole responsibility to stay up to date with the current terms and conditions as published on the website. Your continued use of the website is deemed as acceptance of any changes to the terms and conditions.
Limitation of Liability Although reasonable endeavors will be made to ensure the accuracy of any information or data on the website, we offer no assurances, express or implied, as to its accuracy. We also make no warranties of any kind, express or implied, in relation to any product or service offered on the website regarding satisfactory quality for a particular application, fitness for a particular purpose, compatibility, security or accuracy. Furthermore, we shall not be liable for: Any inconvenience, claims, damages, losses, costs or expenses suffered by you through your inability to access the website or any part thereof. The cost of installation of any products advertised on or purchased from this website. Any inconvenience, claims, damages, losses, costs or expenses caused directly or indirectly by the incorrect, improper or inappropriate installation by yourself or another party of any products or services advertised on or purchased from this website. Notwithstanding any other provision in the terms and conditions, nothing shall limit your rights as a consumer under New Zealand Law, and all products are covered by warranties as outlined in the warranties section of these terms and conditions.
Severance and Survival If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.
Intellectual property rights and copyright All information and data contained in this web site, any page thereof, or the Driven Performance domain, is copyright. You may not use it in any way, shape or form without our written consent. Nothing contained on this website may be construed as granting any license or right to use any copyright materials or data without our prior written consent.
Typographical errors In the event of an incorrect price being published on the website we have the right to refuse or cancel any orders placed for product/s listed at the incorrect price, whether before or after payment has been received.
Warranties All products and services advertised on the website are subject only to manufacturers warranty terms and conditions. All warranty claims are subject to submission to the manufacturer for inspection and approval for repair or replacement as deemed appropriate by the manufacturer. The option of repair, replacement or refund is entirely at the discretion of Driven Performance LTD and or the relevant manufacturer(s).
Warranty exclusions With regards to the warranty of any goods or services offered on the website, the following exclusions apply: All electrical goods including light bulbs are purchased without a warranty of any kind and are sold “as is.” No warranty claim will be upheld if the damage was caused by a customer’s abuse, negligence, mishandling, improper or inappropriate installation of any kind or if the product has in any way been modified. Driven Performance LTD will take no responsibility for items damaged by shipping, postal or courier agencies. In the case of damage by a shipping, postal or courier agency the liability will lie entirely with that agency, and be subject to their terms and conditions. All reasonable steps will be taken on the part of Driven Performance LTD to ensure that the agency repair, replace or refund the good(s) within a reasonable amount of time. No warranties apply where any part or accessory has not been professionally installed by an appropriately qualified technician. Proof of such installation may be required. All warranty returns must have a pre-approved RMA (Return Material Authorisation) number. Returns not displaying an appropriate RMA number will not be accepted. In the event of any warranty claim the customer shall be entirely responsible for the return of the damaged good(s) to Driven Performance LTD and any costs that return may incur.
Refund and returns policy Return of goods for a credit, exchange or refund is allowed only within 7 calendar days from date of purchase and at the sole discretion of Driven Performance LTD unless prior arrangements have been made. All authorised return goods must be unused, uninstalled and in their original, intact and saleable packaging. All packaging, documentation, instructions and hardware must also be returned. All return goods must also be accompanied by a valid RMA number and an invoice or receipt for the purchase of the goods. Any freight costs of the return are entirely the responsibility of the customer – Driven Performance LTD will not accept any payment collect shipments. Any damage to the product(s) by any shipping, postal or courier agency occurring on the return trip to us is entirely the responsibility of the customer. No returns are available on light bulbs, electronics or special order items. All returns for a monetary refund are subject to a 20% re-stocking fee. Returns for credit or exchange are not subject to a re-stocking fee. Returns are entirely at the discretion of Driven Performance LTD. There is no refund on shipping costs unless otherwise agreed by Driven Performance LTD.
Consumer Gaurantees Act Driven Performance LTD explicitly contracts out of the consumer guarantees act as permitted under that Act when supplying to businesses or trades as defined by that act. Nothing in this clause affects the rights of personal consumers under that Act.
Special Order items Any item not currently and habitually held in stock by Driven Performance LTD is deemed a special order item (whether stated as such on our website or not). For special order items we require payment in advance dependant on the item(s) and at the discretion of Driven Performance LTD. There is no refund or exchange available on special order items.
Shipping All costs for shipping and handling are payable by the customer. All shipping is by track and trace courier service unless otherwise arranged. Any loss or damage occurring to goods shipped via non-track and trace means such as via New Zealand Post will be the sole responsibility of the customer. Shipping rates for each item are listed on the website, but from time to time and for certain orders these shipping rates may not be appropriate. Driven Performance LTD reserves the right to alter the shipping rates before or after a purchase has been made, as necessary. All shipping rates exclude rural delivery addresses which incur a surcharge of $5.00+GST. All shipping rates are in New Zealand dollars. All advertised shipping rates are valid for national shipping only. International shipping rates will be calculated on a case-by-case basis. Shipping time: We endeavor to get your order picked, packed and shipped within 24 hours of confirmation of payment receipt. Shipping within Auckland then typically takes 12-24 hours. Shipping within the North Island typically takes 24-48 hours Shipping to the South Island typically takes 48-72 hours. Rural deliveries may take an additional 12-24 hours.
Shipping damages Driven Performance LTD will take no responsibility for items damaged by shipping, postal or courier agencies. In the case of damage by a shipping, postal or courier agency the liability will lie entirely with that agency, and be subject to their terms and conditions. All reasonable steps will be taken on the part of Driven Performance LTD to ensure that the agency repair, replace or refund the good(s) within a reasonable amount of time.
International orders Freight costs for international orders will be calculated on a case-by-case basis. Please contact us via email to obtain a quote.