1 Acceptance The Use Of Top Spin Tennis Terms and Conditions
Your access to and use of Top Spin Tennis is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 Credit card details
All credit card transactions made via our website are made directly through a secure online payment facility hosted and operated by the Bank of New Zealand (BNZ). Top Spin Tennis will not see your credit card details. Simply add to your shopping cart items you would like to purchase, then proceed to the checkout. Just follow the instructions and your Credit Card payment will occur securely online and in real time.
As specified in the New Zealand Carriage of Goods Act 1979 we will make a contract to deliver the specified good to the address indicated. The carrier has limited risk under this Act. Should something become damaged upon delivery please let us know immediately. All claims must be made to the carrier within seven days of the delivery date. You must notify us at least 5 days from the delivery date to ensure that we can take this up with the carrier concerned. Most goods are sent via Fastway Couriers and we charge a flat fee for their services. Some larger products such as ball machines and stringing machines may be sent via a freight forwarding company or delivered by Top Spin Tennis representatives. For orders placed by 2pm we aim for delivery overnight to North Island addresses and within 2 days for South Island and rural deliveries. Please supply physical addresses only. We cannot courier to PO Boxes.
The contents of Top Spin Tennis website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
5 Change of Use
Top Spin Tennis reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Top Spin Tennis shall not be liable to you for any such change or removal and.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
6 Links to Third Party Websites
Top Spin Tennis Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Top Spin Tennis or otherwise used by Top Spin Tennis as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
8 Disclaimers and Limitation of Liability
7.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, Top Spin Tennis will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 Top Spin Tennis makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Top Spin Tennis for death or personal injury as a result of the negligence of Top Spin Tennis or that of its employees or agents.
You agree to indemnify and hold Top Spin Tennis and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Top Spin Tennis arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of New Zealand.For any further information please email Top Spin Tennis