Terms and Conditions
Orders and Delivery
- This website is an informative site for New Zealand and Australia. Outside these countries the site is a shopping website where you can browse, select and order products advertised on the Site from Black Magic Tackle Ltd (“BMT”, “us” or “we”).
- Black Magic Tackle Ltd is a New Zealand owned company
- 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.
- We endeavour to deliver all products within 14 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) and you will receive a refund (including the applicable delivery charges) in respect of those products which will not be delivered (if any). 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.
- The anticipated delivery charges will be notified to you when you complete the order, although in some cases the actual delivery charges may be higher (e.g. if the products are large/heavy or delivery is to a remote location). We will notify you if the actual delivery charges are higher than those anticipated, in which case you may cancel the order (or any part of it) prior to shipping and receive a refund (including the applicable delivery charges) in respect of the cancelled order.
- We reserve the right to refuse any order, for any reason.
- The name that will appear on your statement will be Black Magic Tackle Ltd
- 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. If a product does not comply with its product description, you may return the product(s) and accept a refund or exchange the product(s) - for more information refer to " Returns".
- We stand by the quality of our products and we make things right if you are not satisfied with your purchase.
- You can return any products, prepaid, to receive a refund of the purchase price or exchange the products within 30 working days of purchase provided that the products are returned in their original condition with packaging and invoice. Please note that all returned Items for credit are subject to a 15% restocking fee to cover the cost of packaging, time involved in initial packing and subsequent unpacking, and inspection of returned goods.
As we subsidize the shipping cost (to a very large amount on some orders), full shipping charges are non-refundable. We will deduct the full amount of shipping costs that has actually been paid by us to ship your product
- No returns are accepted on used items or items that are not in original condition. Special order items are also non-returnable.
- The buyer shall inspect the products on receipt and shall have 14 days to notify BMT of any alleged defect, shortage in quantity, damage or failure to comply with the description. The buyer shall afford BMT the opportunity to inspect the products within a reasonable timeframe.
- For defective products which BMT has agreed in writing that the Buyer is entitled to reject, BMT's liability is limited to either replacing the Goods or repairing the Goods.
- BMT will not be liable for products which have not been stored or used in a proper manner.
- The risk of any loss of, or damage to, the products will pass to you on delivery.
Intellectual Property Rights
- The purchase price for the products listed on this site are in either Euro or US$ as stated and will be billed in these currencies.
- Delivery charges and any duties and taxes payable are in addition to the purchase price. Any duties and taxes payable are the sole responsibility of the purchaser.
- 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 processed. BMT has the right to alter pricing at any time.
Right to Use Site and Content
- 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.
- 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.
- Please ensure that any information that you provide when creating an account 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 account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- 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.
- This site may from time to time contain content provided by third parties and links to third party sites. This is provided for your convenience only and we are not responsible for any third party content on our site or any site to which our site contains links . The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.
- 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.
- 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.
- 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.
Jurisdiction and Governing Law
- This site and its content is made available for the purpose of providing information only in New Zealand and Australia and for shopping online in other parts of the world.
All images and textual content on this website is copyright © Black Magic Tackle Ltd
Fred Taylor Drive, Whenuapai, Auckland 0814, New Zealand