conditions of sale
‘The seller’ refers to Beau Ideal Limited t/a Beaurepaires.
‘The buyer’ refers to any legal entity purchasing from the seller.
These Terms and Conditions of Sale shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).
The Beaurepaires Website “the Website”, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Terms and Conditions of Sale. The seller’s acceptance of the buyer’s order occurs (and the contract is formed) when the order is placed by the seller with the relevant Beaurepaires store for fitment.
If we reject the buyer’s offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of the buyer’s original offer or our non-acceptance of that offer.
Title in any goods purchased by the buyer through the Website does not pass to the buyer until the goods have been properly fitted to the buyer’s vehicle by us. Risk of loss or damage to goods passes to you upon the installation to the buyer’s vehicle.
We do not guarantee the availability of any products advertised on this Website.
Only persons who are able to enter into legally binding contracts with us for the purchase of the goods or services are able to make an offer to purchase.
The buyer may order products from the seller by completing and submitting the checkout process on the Website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyer’s order.
You may incur additional fees at the point of installation to accommodate for: (i) customised vehicles; (ii) pre-existing vehicle conditions such as severe misalignment, damaged lug bolts, or other conditions that limit the ability to install the products as reasonably anticipated at the point of sale; (iii) vehicle suspension lowering products, where additional suspension items may be necessary to properly align the vehicle after it has been lowered; or (iv) customer requests for additional work.
To make an order the buyer must: (i) provide the buyers vehicle registration, make and model; (ii) select a product from the Website ensuring the size is correct, as well as any other ordering information specified on this Website
If the buyer is using the ‘shop by registration’ function on the Website to select the buyer’s tyre size, please note that the expected tyre options are based on the buyer’s factory tyre size. If your vehicle doesn’t have its factory tyres you may want to use the tyre size search option instead. It is the buyer’s responsibility to ensure the tyre size selected is correct for the vehicle.
When placing the order the buyer must select the number of tyres the buyer wishes to purchase.
We recommend that you purchase a minimum of:(i) two tyres to ensure that the tyres match on an axle; and (ii) four tyres for vehicles which have full time four wheel drive or all wheel drive vehicles to avoid damaging the vehicles drive transmission.
You acknowledge that you have selected products by either indicating your vehicle make and model, by selecting the correct vehicle’s tyre size, or by indicating no make and model at all. You are solely responsible for the accuracy, completeness and suitability of information you provide for an order, and you will not be entitled to a refund if the goods or services are not suitable because you provided incorrect information. We cannot be held responsible for tyres that are improperly sized or rated for your individual vehicle.
In purchasing goods or services online you authorise Beaurepaires New Zealand and its agents permission to; proceed with the services indicated and contact you if any additional services are required and drive your vehicle strictly for the purpose of undertaking the work requested.
THE SELLER’S DISCRETION IN REJECTING ORDERS
No order shall be deemed accepted by the seller until the seller has confirmed the buyer’s order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyer’s order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
When making an order you must select a store, date and time for the fitting of your goods [“Booking date”]. We do not offer delivery of our goods. The earliest date that can be selected for booking [“Booking date”] is three days after the buyer has placed the order on the Website.
The Beaurepaires team will check the availability of the stock and contact the buyer prior to the Booking date.
Acceptance of the orders shall be communicated to the buyer in form of an email sent to the address provided by the buyer [“Order Confirmation”]. Verification of information may be required prior to the acceptance of any order.
Subject to these Terms, we will use reasonable efforts to install the buyers order on the Booking Date at the Beaurepaires Site selected by the buyer.
All prices are in New Zealand Dollars (NZD) and include GST. The prices displayed online are available for online orders only and may differ from prices in-store.
AVAILABILITY, CANCELLATION AND RETURN
All orders are subject to the availability of products. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyer’s order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
If you decide that you no longer require the tyres after making payment online, but before they are fitted, please email firstname.lastname@example.org to arrange for a refund to be processed against your credit card.
If, on inspection of the tyres before fitment you are not happy with your purchase, the tyres can be exchanged or refunded. You will be asked to complete a Customer Refund Authority form in-store and the refund will then be processed against your credit card or bank account.
Once the tyres are fitted to your vehicle, they cannot be returned.
Safe and secure online shopping is provided by our partner DPS. We accept payment by debit card, Visa and Mastercard only online. Once your credit card details have been entered when prompted on purchase, your credit card will be charged to the value of your purchase in New Zealand dollars (subject to authorisation).
Once the seller has confirmed acceptance of the buyer’s order, the seller will notify the buyer when the products are available to be fitted in-store. Any quotations of availability times by the seller are made in good faith but are estimates and the seller should not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in availability.
We may cancel the transaction, notwithstanding that the order has been confirmed and your credit card has been charged if the products are listed at an incorrect price, listed with incorrect information, out of stock, or the Booking Date is unavailable due to a (i) typographical error or other similar oversight; or (ii) a system error, technical error or other similar error.
We may become aware that on your Booking date, the Beaurepaires Site at which you have chosen to have your goods installed has insufficient:(i)goods or availability of resources to supply services to fulfil the order or the goods or services are not available to supply; or (ii)personnel available to perform the services to fulfil the order. In that event, we may, with your agreement and without cancelling your order: (iii)change the Booking date of your order; (iv) re-locate the installation of your order to an alternative Beaurepaires Site; or (v) both (iii) and (iv), [an “Order Change”].; If we are unable to agree on an Order Change, then we will be taken to have cancelled your order.
If a cancellation occurs in accordance with paragraphs (i), (ii), after your credit card has been charged for the purchase through this Website, we will as soon as possible issue a credit to your credit card account equal to the purchase price.
CONSUMER GUARANTEES ACT 1993
In the event the transaction is subject to the Consumer Guarantees Act 1993 (“the Act”) then: if the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the buyer’s rights under the Act, to the intent that no provisions shall any way limit the buyer’s rights under the Act.
LIABILITY AND MAINTENANCE GUARANTEE
To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability or fitness for a particular purpose.
To the maximum extent permitted by law, the seller’s liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.
To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which the buyer may directly or indirectly suffer in connection with the buyer’s access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.
In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
ERRORS OR OMISSIONS
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
DESCRIPTION OF PRODUCTS
Modifications and improvements to the seller’s products, prices and data are constantly being made.
Although the seller has endeavoured to ensure that the product and pricing information provided on the website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller.
If the goods do not match the description on the website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in fitment of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller’s reasonable control.
CHANGES TO THESE TERMS AND CONDITIONS OF SALE
The seller reserves the right to change these Terms and Conditions of Sale from time to time by publishing the changed terms on the website. When revised Terms and Conditions of Sale are published on this website, all orders submitted by the buyer after the revised Terms and Conditions of Sale are published shall be subject to the revised Terms and Conditions of Sale.
If any provision of these Terms and Conditions of Sale are held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
DISPUTES AND GOVERNING LAW
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
These Terms and Conditions of Sale (and any contracts to which these Terms and Conditions of Sale apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms and Conditions of Sale (and any contracts to which these Terms and Conditions of Sale apply).
SPECIAL TERMS AND CONDITIONS
By acknowledging acceptance of these Terms and Conditions, you are also confirming to the seller that you agree to any special terms and conditions in respect of any special offers that may be applied to your purchase or are otherwise applicable to you.