Terms and Conditions for goods and services sold by:
Thump Sports Limited (www.thumpsports.co.nz)

1. Acceptance of Terms & Conditions:
By accessing, browsing or using this site, you acknowledge and agree to the terms and conditions, as well as any relevant disclaimers contained herein. Further, by continuing, you acknowledge that you have read, understood and accepted these terms and conditions. By purchasing a product from this website, you agree to be bound by these terms and conditions.

These Terms and Conditions constitute a legally binding contract between the customer (you) and Thump Sports Limited and apply to the ordering, purchase, fulfilment and delivery of goods and/or services via www.thumpsports.co.nz. By placing an order for goods or services from Thump Sports you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order as our Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods and/or services.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

2. Age at time of Purchase:
To make a purchase from our online shop you must be 18 years of age or over. Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company, you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

3. Availability and supply:
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop. In the unlikely event that the goods ordered are no longer available we reserve the right to refuse or cancel an order.

We reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to have been placed fraudulently. We also reserve the right to refuse or cancel any order that cannot be delivered within New Zealand.

4. Shipping and delivery charges:
At this stage we can only ship goods to physical (non PO Box) New Zealand addresses. Prices for goods and services stated on our website are exclusive of any applicable delivery charges. Additional charges may apply for rural deliveries or large, heavy items such as court equipment, nets and machinery.

The cost of delivery is as stated on our website and a total delivery cost will be provided in your online shopping cart before processing payment. We will use all reasonable endeavours to ensure that orders will be dispatched within 2 working days after the date of order and payment.

Please note that by default all our courier deliveries are signature only. If no-one is available at the property to receive your order you can request non-signature and for goods to be left somewhere safe but please note this is at your risk. The goods will become the recipient’s property and responsibility once signed for at the time of delivery.

Electronic courier ticket tracking information will be provided to the customer via the email address provided when you order has been packaged and assigned a courier ticket.

If goods are lost or damaged in transit, please contact us within 7 business days of receiving your order via sales@thumpsports.co.nz. We will use this delivery information to make a claim against our courier or freight companies. You will be offered a choice of a replacement or a full refund once our shipping company has confirmed that delivery was not successful or that items may have been damaged in transit.

To ensure successful delivery, please provide a delivery address where someone will be present during business hours to receive the ordered item(s) or advise a safe place for your package to be left.

5. Pricing:
All prices on our website are shown in New Zealand dollars (NZ$) and include GST (which is currently 15% sales tax - if the GST rate changes we reserve the right to immediately amend our prices accordingly).

All prices are intended to be correct at the time of publication however, we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.

6. Your Account:
If you do not already have an Account you will need to create one before placing an Order on the Thump Sports Website, unless you use the “Guest Checkout” feature. If you wish to create an Account, additional functionality on the Thump Sports Website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications.

Please note that when you check out as a guest on the Website you will be asked if you wish to receive our marketing communications. When you create an Account you automatically agree to receive our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive.

7. Our Consumer Data Privacy Policy:
Our detailed consumer/business Privacy and Data Policy link can be found here: https://thumpsports.co.nz/privacy&data-policy/.

Your email address will go onto our e-newsletter database from which you may unsubscribe at any time. We do not pass customer details on to any third party.

By using or accessing this website, you are consenting to Thump Sports use of Cookies. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive and allow the website to remember important information that will make your use of the site more convenient.

This website uses Cookies to analyse user activity through Google Analytics to improve the functionality and user experience of the website and to assist with repeat ordering. We do not share any personal information or information about individual user activities with any other party. View the Google privacy policy here.

8. Payment options:
Your privacy is safeguarded in accordance with New Zealand legislation. All payments via our website are processed securely by our credit card and internet banking gateways.

We accept payment via the following methods which are detailed on our website:

Credit Card, Internet Banking, Cash, and Lay Buy. We accept payment via the following credit cards: Visa, MasterCard and American Express.

We can also accept payments via PayPal if you have an active account.

9. Credit Card Payments:
All credit card transactions processed by Thump Sports Limited or trusted 3^rd party payment providers are processed to a standard that is compliant with PCI – DSS (Payment Card Industry Data Security Standards).

The eCommerce platform we use is a cloud-based ecommerce solution that allows our website to offer leading security capabilities and compliance when it comes to processing credit card payments. Our current eCommerce solution provider is BigCommerce and payment services providers being ANZ, Paystation and EWay. More details on our ecommerce platform can be found here: https://security.bigcommerce.com/.

The only times our staff have any interaction with customer credit card details are:

1. when we are taking a payment over the phone to process a customer order
2. customers using an eftpos terminal to make payment for goods via one of our physical stores

Our company policy for staff taking credit card payments over the phone below can be seen at the following link. https://thumpsports.co.nz/phone-orders-credit-cards/

10. Product Returns, Exchanges or Refunds:
We want all customers to be happy with the goods purchased from Thump Sports Limited. If your purchase does not meet your expectations, is faulty, damaged or you have just changed your mind you will be entitled to a refund if you can meet the below conditions.

Refunds or returns/exchanges of Pro Shop products are possible within 30 days of the purchase date, but the item must still be in its original condition as you received it:

• All original plastic packaging must be intact and the item unused
• Footwear must be worn indoors on non-abrasive surfaces for testing only
• Unless faulty any racquets hit with cannot be refunded or exchanged

Please contact us to advise that you wish to return your received goods so we can guide you through our returns process. Our return address is:

Thump Sports Limited, 55 Delhi Crescent, Khandallah, Wellington 6035

Please note that you the customer are responsible for arranging and covering return courier fees for products except when deemed faulty. All costs related to the return of items will be the customers responsibility.  

When items are deemed to be faulty Thump Sports will manage the process to return such goods which includes arranging our courier company to collect and return goods. All costs related to the return of items will be Thump Sports responsibility.

Refunds will be made to your New Zealand bank account of choice and will be processed within 2 days of our receiving the parcel back, provided the bank details have been included in the parcel or emailed to us by the time of its arrival.

We can exchange to another product if required, subject to stock availability. Any difference in price can be managed via internet banking. We are happy to discuss this via email or phone to help meet our customers' needs.

Applicable consumer laws in New Zealand including the Fair-Trading Act 1986 and the Consumer Guarantees Act 1993. Check out: http://www.consumeraffairs.govt.nz/for-business/by-business-type/internet-traders.

11. Liability Limitation:
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

12. Applicable Law and Jurisdiction:
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

 Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

 Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

13. Cancellation of Orders:
Thump Sports reserves the right to cancel in full or in part, at any time before delivery, an Order that it has previously accepted, where:

• Thump Sports, acting in good faith, is unable to obtain enough stock to fulfil your order within a reasonable time
• an event beyond Thump Sports’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure or problems with the internet or third-party computer systems, means that Thump Sports is unable to supply the Goods or Services within a reasonable time
• Goods or Services ordered were subject to an accidental error on the Website, for example, in relation to a description, price, reward or image
• you exceed any specified purchase limits for certain products, including but not limited to where you place multiple separate Orders or by ordering a quantity greater than the permitted amount in a single Order. Purchase limits may be communicated on the Website at the time of purchase or via other notifications.
• Thump Sports reasonably suspects fraud or that you may be purchasing the Goods for resale purposes.

14. Pre-Orders:
Thump Sports’s arrangements with its suppliers means that Thump Sports is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order.

Thump Sports endeavours to have Goods that are ordered up to 7 days prior to the official release date (unless otherwise advised) dispatched from our warehouse no later than one day prior to the official release date via the Selected Delivery Option. Goods may therefore arrive at designated addresses within New Zealand up to five working days after dispatch.

If you have chosen to pick up those Goods in store, the Goods may only be available to pick up at your nominated collection store after the release date.

15. Click & Collect - Pickup of Goods In-Store:
Many Goods can be picked up from a Thump Sports store, rather than being dispatched to you. Where you wish to do this, you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.

Only the person who placed the relevant Order may pick up the Goods ordered in-store, unless that person nominates another person to pick up the Goods on his or her behalf. Where the Goods being collected include Restricted Goods, proof of age will be required to be produced by the person picking up the Goods.

When you (or the relevant person who you nominate to pick-up the Goods on your behalf) must provide photo identification (current drivers licence, passport or Kiwi Access Card) to store staff to verify that the person collecting the goods is either the purchaser or the person nominated by purchaser to pick-up the Goods. If requested, you (or the relevant person who you nominate to pick-up the Goods on your behalf) must allow Thump Sports to take a copy of this identification for fraud prevention purposes. The copy will not be used by Thump Sports for any other purpose or disclosed to any person outside of Thump Sports.

Thump Sports staff may also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up your order.

Thump Sports staff have the right to refuse collection of Goods if you (or the relevant person who you nominate to pick-up the Goods on your behalf) cannot or will not satisfy the requirements set out above. In this event Thump Sports will contact the person who placed the Order using the contact details provided.

16. Gift Cards:
The terms and conditions for Thump Sports Gift Cards can be found here.

17. General:
Thump Sports reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which apply to your Order.

Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision.

These Terms and Conditions are governed by the laws of New Zealand.