Last Updated: 4/11/2020
BY USING THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS.
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW OR PLACING ORDERS FOR ANY PRODUCTS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, PROMPTLY EXIT THIS WEBSITE.
1. THE WEBSITE
https://www.pumpsonline.co.nz is a web portal designed to facilitate the sale of pumps, filters and other products sold by Pumps Online and its affiliated companies and to provide certain other services offered on this website (collectively, the "Services"). We reserve the right to change these Terms and Conditions of Use at any time without prior notice, in which case we will post the revised Terms and Conditions of Use on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use this website after we post any such changes, you accept the Terms and Conditions of Use, as modified. Any rights not granted by these Terms and Conditions of Use are reserved by Pumps Online.
You may use this website pursuant to these Terms and Conditions of Use solely for your personal, non-commercial use. We reserve the right to deny access to the website or to any of its Services to anyone who violates these Terms and Conditions of Use. By using this website, you represent, warrant and agree that you shall not (and you agree not to allow any other individual or entity to): (a) gain unauthorized access to the website, or computer system, or network connected to this website or use automated means to download data from our website; (b) engage in any illegal conduct or conduct that violates the rights of others, including conduct that we determine (in our discretion) is harassing, offensive, an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; or (c) use the website to transmit a computer virus or other feature designed to damage or interfere with the intended performance of this website or its Services.
You hereby agree to and shall indemnify and hold Pumps Online, and all of its officers, directors, owners, agents, employees, information providers, parent, subsidiaries, affiliated companies, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including attorney's fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the representations, warranties and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim.
This website and the contents hereon are protected by copyright as a collective work and/or compilation, pursuant to international intellectual property conventions, and other copyright laws. This website, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Pumps Online or our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin of any third party that may appear on this website are the property of such third-party owner, who may or may not be affiliated with, connected to, or sponsored by Pumps Online. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on this website without the express written permission of the trademark owner. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on this website. Nothing in these Terms and Conditions of Use shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours or any of our licensors.
We reserve the right to make adjustments to prices and product and service offerings (including the discontinuation of product and service offerings) and availability for any reason, including but not limited to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. Unless expressly stated otherwise, all changes to this website and its Services, including changes to the content, features and product and service offerings on this website, shall be subject to these Terms and Conditions of Use. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through this website.
Unless stated otherwise, all prices payable for product and service offerings on this website are inclusive of GST. We reserve the right to refuse or cancel any orders placed for products and/or services where the sale or use of such product and/or service in your State or Country is restricted or prohibited.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept VISA, MasterCard, Amex, Google Pay, Apple Pay, PayPal, Shop Pay, Bank deposit or Cash (if picking the product up directly). We may also offer other payment alternatives from time to time. When placing an order online by credit card, you must provide: the address the card's statement is sent to (billing address), the card number, the expiration date and the cardholder's name as it is printed on the card, and the 3 or 4 digit code found only on the card (CVV2 code). You can always order by telephone at 0800 4141.
Each time you submit credit card or other payment information on this website, you represent (a) you are authorized to use the credit card or other payment account; (b) the information you supply to us is true, correct and complete; (c) charges incurred by you will be honoured by your credit card company or other payment system provider; and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If an order appears fraudulent in any way, we reserve the right to cancel the order, notify the card holder and the proper authorities. Charges for shipping and handling will be made in accordance with our then-current shipping policies.
We reserve the right to change our payment policies and procedures at any time without prior notice to you.
Our shipping policy ("Shipping Policy") may be viewed at https://pumpsonline.co.nz/pages/payments-shipping-and-pricing. By using this website, you are acknowledging that you have read, understand and agree to be bound by our Shipping Policy.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a prompt refund credit to your account. We also reserve the right to require additional information before processing any order.
Our return policy ("Return Policy") may be viewed at https://pumpsonline.co.nz/pages/returns-policy. By using this website, you are acknowledging that you have read, understand and agree to be bound by our Return Policy.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL PUMPS ONLINE OR ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, PARENT, SUBSIDIARIES, AFFILIATED COMPANIES (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THIS WEBSITE AND/OR THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS WEBSITE. NONE OF OUR EMPLOYEES, AGENTS OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR WEBSITE, INCLUDING PRODUCTS AND SERVICES PROVIDED BY OUR AFFILIATES), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS ON THIS WEBSITE.
This website may contain links and pointers to other internet websites and resources. Such links are provided for your reference only and do not constitute an endorsement by Pumps Online or any of its subsidiaries or affiliates of any third parties or their websites or the contents thereon. We do not control outside websites and we are not responsible for their content. We encourage you to be aware when you leave our site to read the privacy statements of every linked website as the privacy policies of each may differ from ours.
Pumps Online may give notice by means of a general notice on this website, by electronic mail if you have submitted your e-mail to us, or by written communication sent by first class mail or prepaid post to your address on record in Pumps Online's account information. If we cannot contact you because the contact information you provided to us has expired or is otherwise inaccurate, you agree that we shall be deemed to have given notice to you for all purposes when we attempt to notify you by use of the most recent contact information you provided to us, if any. You may give notice to Pumps Online (such notice shall be deemed given when received by Pumps Online) at any time by any of the following:
Notice sent by email: email@example.com
Notice sent by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to:
The Pump Warehouse
P.O. Box 89140