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Terms & Conditions

Terms & Conditions

We created Tyrehub to make tyre purchasing easier, not more complicated, so we’ve tried to keep the terms and conditions as brief and straightforward as we can.  But here they are.  By accessing and using tyrehub.co.nz and the information in it you’re agreeing with the following:

1.  Definitions

In these terms and conditions:

 

“Content”

means any content in any form published on Our Website by us or any third party with our consent.

“Fitter”

means a tyre fitter contracted by us to install any Goods you purchase.

“Goods”

means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website”

means any website of ours, and includes all web pages controlled by us.

“Services”

means the services provided by a Fitter to install the purchased Goods.

2.   Website content

We do our best to make sure everything’s accurate and up to date.  But we don’t warrant that everything will be:

  • error-free, complete, true, accurate, timely, reliable or otherwise not misleading;
  • free of viruses or other harmful components; or
  • available or accessible.

We’ll make changes and improvements to Our Website and its content from time to time. 

We may stop providing Our Website, or restrict your access to Our Website at any time and without notice. 

Nothing on Our Website or in the Content should be taken to constitute advice of any kind.

3.   Orders and supply

We work hard to ensure timely supply so you can stay on the road,however we do not guarantee that Goods advertised on Our Website are immediately available at all times.

If for any reason the Goods and/or Services you order are unavailable, we will offer you alternatives.  We do not warrant that the alternative/s offered will be of the exact same specification or the exact price of the original product offered.  However, if this happens you may:

3.1.1   accept your choice of the alternative/s we offer;

3.1.2   cancel all or part of your order and request a refund.

We do not supply or deliver Goods or Services outside of New Zealand.

4.   Price and Payment

The price payable for Goods and Services will be changed and updated from time to time.  The price payable for the Goods and Services you order is the price published on Our Website for those Goods and Services when you place your order.  For the avoidance of doubt, this price is also included on the order confirmation that you are emailed once you place your order.

The price payable for the Goods and Services that you order includes goods and services tax (“GST”).  We're a New Zealand-owned company and we only supply in New Zealand, so our prices are always listed and charged in NZ dollars.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

Where we provide goods or services without specific charge to you, there is neither contractual nor other obligation upon us in respect of those goods or that service.

5.   Adequacy or appropriateness of Goods supplied

Where we have provided a recommendation for your usage and needs, we have made our best judgement based on the information you have provided.  However we do not warrant the adequacy and appropriateness of the tyres supplied for your needs, or for any or all particular driving conditions.

6.   Delivery

The purchased Goods will be delivered to the Fitter you selected when you placed the order. 

Once you have confirmed your order, your selected Fitter will be in touch to confirm your fitting time.  The fitting times are stated in good faith but are not a condition of the sale.

Goods will be delivered on the next available standard freight service to that Fitter.  If for any reason we are not able to make delivery on the next available standard freight service, we will contact you to agree arrangements for delivery.

We may deliver the Goods in instalments if they are not all available at the same time for delivery.

If delivery or performance is delayed for any reason at all, we will not be responsible or liable to you or any other party for loss suffered due to the delay, unless we are liable to you under the Consumer Guarantees Act 1993.

7.   Goods

Risk in the Goods shall pass to you on completion of the Services.

8.   Services

Our Fitters are professionals and have been personally selected by us.

9.   Cancellation, returns and refunds

We want you to love the tyres you buy.  Full details of our cancellation and refunds policy can be found here.

 

10.   Faulty goods

In the rare event of a fault caused by manufacturing fault, we can offer a replacement or a pro-rata credit (depending on which brand of tyre is deemed faulty.  Note that faulty goods replacements or refunds are subject to technical inspection and do not include faults that have developed due to damage, abuse, or by running the tyre after a fault or puncture has begun to develop.  For full details see our faulty goods policy here.

11.   Disclaimers

All information on Our Website is provided “as is”.  Before acting on the material on Our Website, you should either seek independent advice or rely on your own judgement.

To the fullest extent permitted by law, we are not liable to you in any circumstances for any loss of revenues or profits, or for any special, indirect or consequential loss or any damages whatsoever resulting from loss of use, vehicle or property damage or otherwise, whether in an action of contract, tort including negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods and Services.

Our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods and Services you have purchased.  Nothing in these terms and conditions will limit your rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.  If you are purchasing the Goods or Services in trade you agree that the Consumer Guarantees Act 1993 will not apply.

12.   Your personal information

You agree to provide accurate, up to date and complete contact information so as to allow us to process your order and supply Goods and Services to you, and to update this information should it change.  We understand to store your contact details securely and handle your contact details with respect for your privacy.  For full details of how we handle and protect your data, check out our Privacy Policy.

13.   Collection and publication of reviews

We take your buying and fitting experience and the performance of the product we supply extremely seriously.  In making a purchase, you authorise us to contact you to ask you to submit a review on both the Fitter and Product.  If you submit a review, you authorise us to publish this review on Our Website.  We will request your email address for verification purposes, however we will never publish your email address on Our Website.

If you provide a review, you undertake to provide such review without breaching the intellectual property rights or any other individual or entity.

14.   Intellectual Property

We own all copyright and other intellectual property rights in Our Website.  All rights are reserved.  You must not copy, distribute, adapt or re-use any part of Our Website without our prior written consent. You may not use any part of Our Website for public or commercial purposes. 

By using the site you agree not to:

  • decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from Our Website or the Content;
  • use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users in relation to Our Website;
  • use any robot, spider, other automatic software or device, or manual process to monitor or copy Our Website or the Content.
  • copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of Our Website or the Content except:
    • in the case of blog posts, images and content in these that are shared via the sharing icons provided, provided that the information is then not copied, modified, republished, distributed, displayed or transmitted in any way other then the original social share enabled by the icons provided;
    • in the case of referencing any other written information, where the source is correctly attributed to Tyrehub.

You acknowledge and agree that, other than as expressly set out in these terms and conditions, you obtain no intellectual property rights in Our Website or any part of the Content.

If you become aware of any infringements or suspected infringement by any third party of any intellectual property rights in Our Website or the Content, you agree to immediately notify Tyrehub.

15.   Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from: your failure to comply with the law of any country; your breach of these terms and conditions; any act, neglect or default by any agent, employee, licensee or customer of yours; a contractual claim arising from your use of Our Website and/or the Goods and/or the Services; a breach of the intellectual property rights of any person.

16.   Our contract with you

These terms and conditions contain the entire agreement between the parties and supersede all previous agreements and understandings between the parties.

If any term or provision of this terms and conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall not invalidate any other term or provision in these terms and conditions.

If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so.

If we communicate by email, you agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

In the event of a dispute between the parties to these terms and conditions, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

These terms and conditions do not give any right to any third party.

Tyrehub may assign its rights in this contract.

Tyrehub shall not be liable for any failure or delay in performance of these terms and conditions which is caused by circumstances beyond its reasonable control.

We may change these terms and conditions by posting a new version on Our Website.  Any use of Our Website after a change of the terms and conditions takes effect will be governed by the most recent terms and conditions of use.

These terms and conditions are governed by the laws applicable in New Zealand.  To the fullest extent permitted by law, we accept no responsibility for the compliance of Our Website or the information contained in it with the laws of any other country.  Any disputes will be subject to the non-exclusive jurisdiction of the courts of New Zealand.

 

This page last updated 20 August 2020.
This website is made available by Tyremax Limited Partnership.  We're an NZ-owned business based at 126 Bill Richardson Drive, Invercargill 9810.  We aren't open for drop-in business on site, but you can find one of our awesome fitters here :)