1 DEFINITIONS
1.1 “MoveNation”, “We” and “Us” means MoveNation NZ Limited, its successors and assigns or any person acting on behalf of and with the authority of MoveNation NZ Limited.
1.2 “Customer” and “You” means the person/s buying the Goods as specified in any invoice or order placed on the MoveNation website.
1.3 “Goods” means all Goods, products or any other item supplied by MoveNation NZ Limited to the Customer (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Goods as agreed between MoveNation and the Customer in accordance with clause 3 below.
2 ACCEPTANCE
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order with us directly or on the website.
2.2 These terms and conditions may only be amended with MoveNation’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and MoveNation.
3 PRICE AND PAYMENT
3.1 At MoveNation’s sole discretion the Price will be as indicated by MoveNation either directly at the time the order is placed or online on the day the Customer has placed, confirmed and/or paid for an order.
3.2 We reserve the right to change the Price at any time but orders placed before the change will be honoured at the price at the time of payment.
3.3 Unless we have agreed to extend credit to you, you must pay in full upon placing your order and in accordance with the website payment requirements or as stated on any invoice the Customer receives from us.
3.4 You agree to pay for the products in full without deduction or setoff and to pay goods and services tax and any other government duties, levies or taxes in respect of the products.
3.5 If payment is not made in full by the due date, we are entitled to charge you interest on the unpaid overdue balance at the rate of 10% per annum compounding weekly on the unpaid balance owing on the first day of each month until payment in full is received by us, and we may charge you costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further products or performance of further services until the account is paid.
3.6 Notwithstanding clauses 3.2 and 3.3 above, all payments shall immediately become due to us if you refuse to accept delivery of any Goods, if we reasonably believe that the information which you have given us in your application for credit is incorrect or no longer correct and you have failed to give us correct information satisfactory to us within 5 days of our request, if you sell or otherwise dispose of any goods which have not been paid for without our consent, if you become insolvent, commit any act of bankruptcy, if a receiver, liquidator or statutory manager is appointed over any of your assets or undertaking, if you make or attempt to make an arrangement or composition with creditors, or any other matter.
4 RISK AND DELIVERY OF GOODS
4.1 At MoveNation’s sole discretion the cost of delivery is in addition to the Price and will be given at checkout.
4.2 Delivery (“Delivery”) of the Goods is taken to occur at the time that MoveNation (or MoveNation’s nominated carrier) delivers the Goods to the Customer’s nominated physical address even if the Customer is not present at the address (unless specified at the time of purchasing).
4.3 All claims for shortage or damage during delivery must be made to the carrier within 7 days of the date of delivery. Where goods appear to be damaged or missing you must contact the carrier and us immediately.
4.4 Any time or date given by MoveNation to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late.
4.5 We will make every effort to ensure delivery of Goods is on time, but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance does not entitle you to cancel any order.
4.6 Where you ask us to deliver goods directly to another person, that person takes possession of the goods for you as your agent, but you are still directly responsible to us under these terms of trade.
4.7 Delivery of the Goods to a third party nominated by the Customer shall be deemed to be delivery to the Customer for the purposes of this agreement.
4.8 Risk of damage to or loss of the Goods passes to the Customer on Delivery.
4.9 If any of the Goods are damaged or destroyed following delivery MoveNation is not liable.
5 TITLE
5.1 Title and ownership in Goods will not pass to you but will remain with us until we receive payment in full of the purchase price of the products and all other amounts that you owe to us for any reason.
5.2 Until title passes to you, you shall hold any products in trust for us, and store them in a manner to enable them to be identified and cross referenced to particular invoices.
5.3 Where MoveNation reasonably believes you are or will be in breach of any part of clauses 3, 4 or 5 of these terms, MoveNation or its agent may without notice enter any premises under your control to remove any products which are the property of MoveNation Limited, and without prejudice to any other of MoveNation Limited’s rights. You indemnify MoveNation Limited against all costs and claims in respect of its exercise of rights under this clause 5.
6 CUSTOMER’S DISCLAIMER
6.1 The Customer hereby disclaims any right to rescind, or cancel any contract with MoveNation or to sue for damages or to make any claim in relation to any misrepresentation made to the Customer by MoveNation and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.
7 DEFECTS
7.1 The Customer shall inspect the Goods on delivery and shall within 48 hours of delivery (time being of the essence) notify MoveNation of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall return the items and afford MoveNation an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which MoveNation has agreed in writing that the Customer is entitled to reject, MoveNation’s liability is limited to either (at MoveNation’s discretion) replacing the Goods at no extra charge or reimburse the Customer for the Goods.
8 RETURNS
8.1 Returns will only be accepted provided that:
a) The Customer has complied with all relevant return conditions under this clause; and
b) MoveNation has agreed in writing to accept the return of the Goods; and
c) The Goods are returned at the Customer’s cost within fourteen (14) days of the delivery date; and
d) MoveNation will not be liable for Goods which have not been stored or used in a proper manner; and
e) The Goods are returned unused in the condition in which they were delivered and with all original packaging material and paperwork in as new condition.
f) The Customer is responsible for paying for their own delivery/shipping costs for returning the Good(s). Delivery costs are non-refundable.
8.2 There are Goods for which a change of mind return is not available:
a) MoveNation will not accept the return of items from the following categories under the change of mind returns policy under any circumstances:
i) Underwear; and
ii) Food items, consumables, supplements or nutrition products
9 REFUND
9.1 MoveNation does not offer returns or refunds if the Customer:
a) Found the product cheaper elsewhere.
b) Decided they no longer want the item or made a mistake with the order.
9.2 Only regular priced items may be refunded. Sale items are not eligible to be refunded.
9.3 To request a refund, please contact us within fourteen (14) days of receiving the Goods by emailing [email protected] with the following information:
- Order number;
- Description of the issue;
- Supporting evidence (e.g., photos, screenshots).
MoveNation will aim to respond to all refund requests within 5 business days.
9.4 If a return is required, the Customer must follow the process as stated in the above clause 8 (Returns).
9.5 Approved refunds will be processed using the original payment method within 7–10 business days. Processing times may vary depending on your bank or payment provider.
9.6 The process for refunds in relation to any pre-order sale of any Good via our website will be made in accordance with clause 15 (Pre-Orders).
10 INDEMNITY
10.1 To the full extent permitted by law, the Customer will indemnify MoveNation and keep MoveNation indemnified from and against any liability and any loss or damage MoveNation may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by the Customer or its representatives.
11 LIMITATION OF LIABILITY
11.1 The provisions of the Consumer Guarantees Act shall not apply to any supply of Goods to you, and the conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or implied by common law will not apply and are excluded from these terms of trade. This exclusion applies only where the Customer is acquiring Goods for business purposes.
11.2 MoveNation’s maximum liability to you shall be limited to the value of any faulty products or services supplied, and MoveNation Limited and its employees, contractors and agents, any manufacturers of the products or any of their materials or components, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This exclusion of liability includes, but is not limited to, costs (including costs of returning products to MoveNation Limited or to any manufacturer), consequential loss, loss of profits and damage caused by or arising from delays in manufacturing or delivery, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, and faulty materials, components, manufacture or compilation of the products.
11.3 We will not be liable to you for any losses caused by your own actions or negligence or events beyond our reasonable control. We will not be required to settle a strike or lockout or other industrial disturbance against our wishes in order to benefit from this clause.
12 INTELLECTUAL PROPERTY AND CONFIDENTIALITY
12.1 All intellectual property shall remain the property of MoveNation Limited or any Supplier entitled to it, and neither MoveNation Limited nor its Suppliers transfer any right, title or interest in the intellectual property to you.
12.2 You must not use any trademarks which are the property of MoveNation or its Suppliers, or any similar words or marks, or any combination of words which includes any of those trademarks or any similar words or marks, except to the extent authorised by MoveNation Limited in writing.
12.3 You agree to dispatch the products only under the trade marks under which they are supplied by MoveNation, and under no circumstances shall you apply any of the trade marks to any product which is not a genuine branded product supplied to you by MoveNation.
12.4 You must not cause or permit anything which may interfere with, damage or endanger the trademarks or other intellectual property rights of MoveNation Limited or its Suppliers, or assist or allow others to do so.
12.5 You must advise MoveNation immediately when you become aware of any unauthorised use or attempted use by any person of the trademarks or other intellectual property rights of MoveNation.
12.6 If your account with MoveNation is terminated, you must immediately discontinue use of any of the trademarks which are the property of MoveNation in any sign, or advertising and thereafter you shall not use those trademarks directly or indirectly in connection with your business.
12.7 You agree to ensure that all Confidential Information given by MoveNation to you is made available to your employees only on the basis that those employees at all times maintain strict confidentiality.
12.8 This clause 12 shall survive the termination of the agreement.
13 DEFAULT AND CONSEQUENCES OF DEFAULT
13.1 Without prejudice to any other remedies MoveNation may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions MoveNation may suspend or terminate the supply of Goods to the Customer. MoveNation will not be liable to the Customer for any loss or damage the Customer suffers because MoveNation has exercised its rights under this clause.
14 CANCELLATION
14.1 MoveNation may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice MoveNation shall repay to the Customer any money paid by the Customer for the Goods. MoveNation shall not be liable for any loss or damage whatsoever arising from such cancellation.
14.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by MoveNation as a direct result of the cancellation (including, but not limited to, any loss of profits).
15 PRE-ORDERS
15.1 From time to time, certain Goods may be made available for sale on a pre-order basis. This means the Customer will pay at the time of placing their order to secure a Good or Goods, and MoveNation will ship the Good once it is in stock. By submitting an order for a pre-order Good via the MoveNation website, the Customer acknowledges they are making payment in advance for the Good(s) and accept the following terms, which apply in addition to the rest of these Terms and Conditions.
15.2 Pre-order Goods are sold as final purchases and require full payment at the time the order is placed. By placing a pre-order, the Customer agrees to purchase the Good before it is available for dispatch, and the Customer understands that availability/delivery dates are estimates only and may be subject to change without notice. Estimated delivery timeframes for pre-order items may be subject to change, and any changes will be communicated promptly.
15.3 The Customer may not cancel a pre-order once placed, except with MoveNation’s prior written agreement. If MoveNation agree to a cancellation, any refund will be issued as MoveNation credit in the first instance, which may be used for future purchases on the MoveNation website. MoveNation may, at its sole discretion, issue a refund to the Customer’s original payment method where required by the Consumer Guarantees Act 1993 or where the Good(s) are unavailable for supply within a reasonable timeframe.
15.4 If MoveNation is unable to supply a pre-order Good due to discontinuation, stock issues, or circumstances beyond MoveNation’s control, the Customer will be offered a full refund or MoveNation credit, at the Customer’s election.
15.5 If the Customer order contains both in-stock and pre-order Goods, MoveNation may hold the entire order until the pre-order item becomes available. MoveNation recommends placing separate orders for pre-order and in-stock Goods to avoid delays.
16 PRIVACY ACT 2020
16.1 The Customer authorises MoveNation or MoveNation’s agent to access, collect, retain and use any personal information in accordance with the Privacy Act 2020 and use any information about the Customer:
a) For the purpose of marketing products and services to the Customer;
b) To sell and provide the Goods on our website;
c) To communicate with the Customer regarding orders, enquiries, and related services
16.2 The Customer shall have the right to request MoveNation for a copy of the information about the Customer retained by MoveNation and the right to request MoveNation to correct any incorrect information held by MoveNation.
17 COSTS
17.1 The Customer must pay MoveNation’s costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of the MoveNation’s rights, remedies and powers under these Terms.
18 DISPUTE RESOLUTION
18.1 If a dispute arises between the parties, the parties agree to communicate and deal with each other in good faith to try and resolve the dispute.
18.2 If the dispute is not resolved within five (5) working days, the parties agree to go to mediation. The mediator is to be either chosen by both parties and where a mediator cannot be agreed, a mediator will be appointed by the President of the Southland branch of the New Zealand Law Society.
18.3 If mediation does not resolve the dispute within a month, either party may initiate adjudication or arbitration proceedings in accordance with the Arbitration Act 1996
18.4 The costs of the mediator and/or arbitrator will be shared between the parties.
19 GENERAL
19.1 The failure by MoveNation to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect MoveNation’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
19.3 MoveNation shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense suffered by the Customer arising out of a breach by MoveNation of these terms and conditions (alternatively MoveNation’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
19.4 MoveNation may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
19.5 The Customer agrees that MoveNation may amend these terms and conditions at any time. If MoveNation makes a change to these terms and conditions, then that change will take effect from the date on which MoveNation notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for MoveNation to provide Goods to the Customer.
19.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
19.7 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
19.8 The Customer agrees not to misuse the MoveNation website, including unauthorised access, scraping, interference with service operation, uploading malicious content, or attempting to circumvent security measures, or engage in any other unlawful or prohibited activity.