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Delivery Terms

Please read these delivery terms (Delivery Terms) carefully before ordering products from the adidas webshop. By ordering products from the adidas webshop you agree to be bound by these Delivery Terms. If you do not agree with any of these Delivery Terms, do not use the adidas webshop.

adidas

Your contracting partner is adidas New Zealand Ltd, 14a George Bourke Drive, Mt Wellington, Auckland, New Zealand. (GST no 61912541).

When do these Delivery Terms apply?

These Delivery Terms apply to all offers and agreements relating to the sale and delivery of products by adidas. When you order anything at our adidas website (wwww.adidas.co.nz) or any web page directly connected to our website (Website) or accept an offer from adidas, your agreement to the Delivery Terms in the course of the order process constitutes your acceptance of the applicability of these Delivery Terms. It is only possible to deviate from these Delivery Terms if agreed in writing by adidas.

Our offer and prices

The offers on our Website are without obligation and do not bind adidas. adidas is likewise not bound by manifest clerical errors and mistakes in promotional descriptions and other statements in the offer and on our Website. Minor colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. adidas is not liable for these variations and deviations.

The stated prices include Goods and Services Tax (GST). Prices are quoted in New Zealand dollars. adidas reserves the right to make price and product changes prior to an order placed by you. adidas reserves the right to change, limit or terminate any special offers or discounts at any time.

adidas charges shipping costs. The shipping costs vary for each product and are further detailed under the heading ‘Shipping’ on our Website. These costs will, if applicable, be charged separately and specified and added up with the total amount of the order.

If the order is processed via an Internet terminal in an adidas Retail Store, adidas will pay any shipping costs, any customs duties and clearance charges.

How is a contract concluded with you?

You can only order on our Website if you are a consumer, not a reseller. You have to be 14 years of age or older to buy products via our Website.

Orders you place via the Website for the products offered by adidas through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation by adidas of the order per e-mail to you. Until you have received this confirmation, you can still cancel the order.

You warrant that the information you provide to adidas in the request or order is accurate and complete. adidas is never obliged to accept an order. adidas is entitled at all times to verify an order in advance or to refuse an order without providing reasons. If adidas does not confirm your order within ten working days, it is deemed to have been refused.

Delivery

adidas will deliver to the address indicated by you within New Zealand. adidas can only deliver to a delivery address which is a home or office address. We cannot deliver to PO boxes or Parcel Lockers. Deliveries will be done on business days, not being a public holiday. For each delivery a signature for receipt is required.

adidas is entitled, insofar as reasonably possible, to make split deliveries so that you receive the ordered products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that adidas deliver the order in parts, adidas may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If adidas is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.

Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. adidas must first be served with a notice of default.

Options in case of delivery problems

If adidas discovers prior to entering into the sales contract that it can no longer deliver the ordered products, adidas may offer you an equivalent product in terms of quality, price and function. You are not obliged to accept the replacement product. You may return it, if you so wish, in accordance with the right of return outlined below.

If adidas discovers after entering into the sales contract that adidas can no longer deliver the ordered products and is not responsible for this situation, adidas will be entitled to terminate the sales contract. adidas will, of course, inform you immediately and reimburse any payments made.

Methods of payment

Please check our Website for information on available payment methods. adidas conducts an individual credit check for each purchase in conformity with the adidas Privacy Policy. Depending on the results of this check, adidas reserves the right to refuse certain methods of payment, cancel orders or terminate the sales contract.

Information on returns

Right of return: Subject to the provisions of these Delivery Terms, you may return the products received without specifying any reasons within 30 days of receipt. The 30-day period commences on the day of receipt of the ordered products. Only products that are not suitable for dispatch by parcel (e.g. in the case of bulky goods) may be returned by submitting a written request for the products to be taken back. The timely dispatch of the products or the request to take back the products will suffice for compliance with the right of return deadline. The return of products is at adidas’ expense and risk. The right to return product only applies if the products are unused and complete including their original packaging insofar as reasonably possible.

To activate a return under this policy you should ring the adidas eCustomer Service team on 0508 234 327 who will generate a Return Authorisation (RA) number and talk you through the different returns options available to you.

In the event of a valid return in accordance with these Delivery Terms, adidas will reimburse the purchase price received from you within fourteen days of receipt of the product or revocation of the sales contract.

If a product is returned that adidas believes has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, adidas will be entitled to deduct the decrease in value of the product as a result of this damage from the amount to be repaid to you. You can avoid the obligation to compensate the decrease in value of a product caused by use by not using the product and by refraining (as far as reasonably possible) from any actions that could negatively affect its value.

The above right of return applies in addition to, and does not affect, your statutory or contractual rights, including the consumer guarantees which are imposed by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

Warranties and Liability

To the extent permitted by law, adidas excludes all conditions, warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage or otherwise), and makes no representations, relating to the products ordered by you, including warranties or guarantees of acceptable quality, merchantability and fitness for purpose. Nothing in these Delivery Terms excludes, limits or modifies any conditions, warranties or guarantees implied by or arising under statute which cannot lawfully be excluded.

Where conditions, warranties or guarantees implied by or otherwise arising under law cannot be lawfully excluded, then to the extent permitted by law, adidas' liability for a breach of any such condition, warranty or guarantee is limited, at its option, to the replacement or repair of the products, the supply of equivalent products or the cost of replacing or repairing the products or of acquiring equivalent products. Otherwise, to the maximum extent permitted by law, adidas and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly from or in connection with these Delivery Terms, the Website or any orders you place via the Website.

The limitations and exclusions set out in this section do not apply to any liability of adidas for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).

What can you do if you are not satisfied?

You may send written complaints concerning the conclusion of the sales contract or its performance to the following address:

adidas Customer Service,
Level 1, 37 Dunlop Road,
Mulgrave,
Victoria,
3170,
Australia
 

If you wish to make a verbal complaint concerning the conclusion of the sales contract or its performance, you may use the freephone number 0508 234 327.

Retention of title

The delivered products will remain the property of adidas until you have paid all amounts owing under any agreement to us in full, including the payment of costs, even of earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber products before ownership thereof has passed to you.

Applicable law

These Delivery Terms are governed by the laws of Victoria, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.

Maintenance of products

adidas draws your attention to the washing and maintenance instructions printed on the labels of the products. adidas is not liable for any damage resulting from the incorrect handling of products, including handling contrary to the instructions.

Information about batteries

Some of the products sold by adidas contain batteries.

Batteries and rechargeable batteries that contain hazardous substances are clearly identified by the symbol of a crossed-out dustbin. The chemical designations of the corresponding hazardous substances may be indicated under the symbol of the crossed-out dustbin. Examples include (Pb) lead, (Cd) cadmium and (Hg) mercury.

Old batteries and rechargeable batteries may not be disposed of with normal household waste. These can be handed over free of charge to a community point of collection or a shop. You may also return purchased batteries and rechargeable batteries (without devices) to us after use. Please ensure that you have paid adequate postage.