Terms and conditions

 Definitions

  • “Customer” means you and all other persons who purchase products from Black Magic Tackle Ltd’s Shopify website.
  • “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trade mark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
  • “BMT”, “us”, “we” mean Black Magic Tackle Ltd
  • “Products” means the products displayed on the website and available for sale to approved purchasers.


Website Terms of Use

  • This website is an online purchasing site for New Zealand and Australian customers.  It provides customers with the ability to purchase Black Magic Tackle approved apparel items.
  • Your access to and use of this Site, including your order of Products through this Site, is subject to these terms of use. By accessing and browsing this site you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.
  • Orders placed through the BMT website constitute legal offers to purchase, and are capable of being accepted by BMT without any further reference to the Customer.
  • All orders placed are subject to BMT standard terms of trade or individual terms of trade as applicable.
  • BMT has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. BMT may cancel an order for any reason whatsoever. Where an order is cancelled by BMT we will make all reasonable efforts to notify the Customer of the cancellation.
  • BMT may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through this website for any reason whatsoever.
  • Customers are liable for every order made using their own personal information on this Site.
  • BMT shall use its reasonable endeavours to prevent any unauthorised entry into this website. However, no member of BMT will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into the BMT website, except where, its employees or agents, have acted negligently or fraudulently.
  • While BMT has endeavoured to ensure that the information provided on its website is free from error, no member of BMT warrants its accuracy, adequacy or completeness, and no member of the BMT shall be responsible or liable for any error in, or omission from, the information provided.
  • We reserve the right to make changes to the information provided on the website at any time and without notice.
  • You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.
  • You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of the Company’s rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose or in any other way without the Company’s prior written consent.
  • If you wish to link to any part of this site, you must get the Company’s prior written consent.
  • Black Magic Tackle Ltd is a New Zealand owned company


Orders and Delivery

  • An order made via this site (“order”) is an offer to purchase one or more products. When we receive a valid order from you, we will accept this offer by confirming via email that we have received and are processing the order.
  • Delivery will not be made unless we receive payment in full for products ordered by the customer.
  • We endeavour to ship all products within 3 working days of us confirming receipt of the order, although this timeframe is an estimate only. If we are not able to supply the products or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock or the delivery is to a remote location), we will notify you as soon as reasonably possible after we become aware of this, in which case you may cancel the order (or any part of it)  We will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.
  • Freight will be charged at $10 for orders under $100. Shipping is free for all orders of $100 or more.


Product Descriptions

  • Product descriptions, pricing and photographic errors are unintentional and subject to correction.  The products will comply, in all material respects, with their product descriptions appearing on this site at the time when you submit the order.


Returns, defects and Risk

  • Any returns and defects and the risk of any loss of, or damage to the product are subject to our standard terms of trade or individual trade agreements as applicable.


Pricing and invoicing

  • Orders must be paid for in full via a valid New Zealand or Australian credit card at the time of purchase.
  • The Customer shall pay for the Products ordered at the price displayed at the time the order is submitted, unless BMT notifies the Customer, at any time, that an error has been made in the price displayed. BMT reserves the right to amend or rectify any errors in pricing or product specification within 24 hours of being notified of it or after an order has been placed.
  • BMT has the right to alter pricing at any time.
  • All pricing is displayed in the currency relative to your country of residence and delivery.
  • All pricing shown is inclusive of Goods and Services tax or local sales tax as applicable.


Intellectual Property Rights

  • All intellectual property on this site, including without limitation any trademarks, text, graphics and copyright, is owned by us or our content suppliers.  All rights in the compilation, design and layout of this site are either owned or licensed by us.


Your Information

  • Please ensure that any information that you provide when placing an order with us on this site is correct, complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information.
  • You are responsible for maintaining the confidentiality of your personal information and for preventing unauthorised access to your account and/or credit card. You agree to accept responsibility for all activities that occur through use of your personal credit card. You should take all necessary steps to ensure that your information is kept confidential and secure and should inform us immediately if you have any reason to believe that your information has become known to anyone else, or if the information is being, or is likely to be, used in an unauthorised manner.


Content

  • We endeavour to ensure that any content will be current, accurate or complete when you access it. However, we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.
  • You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this site. We may change the content on this site at any time without prior notice.


Force Majeure

  • We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.


Liability Excluded

  • To the extent permitted by law:
    • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it; and
    • we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.


Amendments

  • We may amend these terms of use from time to time, so you should check and read these terms of use regularly. By continuing to use this site after any such amendment, you are deemed to have agreed to the amended terms of use.


Jurisdiction and Governing Law

  • New Zealand law governs the use of the BMT Shopify apparel website and these terms and conditions.