MERCH STORE
TERMS AND CONDITIONS

1. Introduction
   1. This website (Site) is operated by BeatMatch Limited trading as BeatMatch (NZCN: 8139859) (we, our or us). It is available at: https://beatmatch.net/ and may be available through other addresses or channels. These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.
2. Use of the Site
   1. You accept these Terms by placing an order via the Site. 
   2. You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old. 
   3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 
      1. anything that would constitute a breach of an individual’s privacy or any other legal rights;
      2. using the Site to defame, harass, threaten, menace or offend any person;
      3. sing the Site for unlawful purposes;
      4. interfering with any user of the Site;
      5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
      6. using the Site to send unsolicited electronic messages; 
      7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
      8. facilitating or assisting a third party to do any of the above acts.
3. Orders
   1. You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
   2. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
   3. It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
   4. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses, the estimated delivery time, and a description of what was ordered.
   5. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. 
   6. If you are a parent or legal guardian permitting a person who is at least 13 years old but under 18 years old (a Minor) to use the Site including to order products from the Site, you agree to: (i) supervise the Minor’s use of the Site; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
   7. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.
4. Price and payments
   1. You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in New Zealand dollars and are inclusive of New Zealand GST (where applicable).  
   2. You must pay the Price upfront using one of the methods set out on the Site. 
   3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
   4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
   5. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
   6. Where you order the products for delivery outside New Zealand, you may need to pay custom charges or taxes in addition to the Price.
   7. We may from time to time issue promotional discount codes for certain products on the Site. 
   8. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. 
   9. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
5. Delivery, title and risk
   1. If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. 
   2. Delivery costs are set out on the Site and are to be paid in addition to the Price.
   3. We normally dispatch products within 72 hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. 
   4. We deliver the products using a range of delivery methods. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
   5.  Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
   6. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. 
   7. We will not be liable for any liability that arises as a result of, or in connection with, your use of the goods. 

6. Returns
   1. Please refer to our Returns and Refund Policy
7. Intellectual property
   1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
   2. We authorise you to use Our Intellectual Property solely for your own personal, use, and in the manner in which it was intended to be used.
   3. You must not, without our prior written consent: 
      1. copy, in whole or in part, any of Our Intellectual Property; 
      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
      3.  breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
   4. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
      1. you do not assert that you are the owner of Our Intellectual Property;
      2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 
      3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 
      4. you comply with all other terms of these Terms.
8. New Zealand Consumer Law
   1. Nothing in this clause affects any rights you have under the New Zealand Consumer Guarantees Act 1993 (CGA).
   2. Our products come with guarantees that cannot be excluded under the CGA. You are entitled to a replacement or refund for a failure of substantial character and, in some circumstances, for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a failure of substantial character. 
   3. You agree and acknowledge that if you are in trade and acquire, or hold yourself out as acquiring, the products for business purposes in terms of section 43(2) of the CGA, then the CGA does not apply and that its non-application is fair and reasonable.
9. Limitations
   1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:  
      1. loss of, or damage to, the products, or any injury or loss to any person (subject to your rights under the CGA);
      2. failure or delay in providing the products; or 
      3. breach of the Terms or any law,
         where caused or contributed to by any: 
      4. event or circumstance beyond our reasonable control; or
      5. act or omission of you or your related parties,
   2. and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products or your use of them.
   3. Despite anything to the contrary, to the maximum extent permitted by law: 
      1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the products the subject of the relevant claim; and
      2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
         whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
10. General
    1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 
    2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
    3. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
    4. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
    5. Entire agreement: Subject to your rights under New Zealand Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
    6. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
    7. Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. 
    8. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. 

For any questions and notices, please contact us at:

BeatMatch Limited (NZCN: 8139859)

Address: Level 9, 55 Shortland Street, Auckland, 1010, New Zealand

Email: admin@beatmatch.net 

Last update: 7 October 2022 

This Returns and Refunds Policy (Policy) sets out what rights you have when purchasing our products.

Any benefits set out in this Policy apply in addition to rights you may have under New Zealand consumer law.

Returns and Refunds

Changes of mind

We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):

• you have provided the proof of purchase and you purchased the products within 15 days prior to the request for an exchange or refund;
• the products are in their original condition and have not been used, worn, damaged, tampered with, washed, or altered;
• the products have all product tags still intact; 
• the products are not sale items, custom-made, special buy products or gift vouchers; and
• a return and exchanges form has been completed (if required by us).
If we receive a returned product and it is not in resalable condition, we reserve the right to not refund you for that product. 

We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.

Defects and faults

If you are returning products to us because there us a defect or a fault with the products, depending on the defect or fault, we will either dispatch a new or repaired replacement product or refund you the price of the relevant product. We will also reimburse you for your return delivery costs.  In this situation, please contact us for further information.

Promotions or Gifted Products

Where our products are provided to you free of charge as a gift or as part of a promotion, we do not accept any exchanges or returns unless there is a defect or a fault with the products, in which case the remedy will be a replacement. 

Amendments

We may, at any time and at our discretion, vary this Policy by publishing an amended Policy. We recommend you check our Policy regularly.

For any questions about our Policy, please contact us at: admin@beatmatch.net

Last update: 7 October 2022