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Terms and Conditions


INTRODUCTION

The Website (www.comsfitnessgear.com) is operated by the business entity "Coms Fitness Gear". Any reference to the terms “we”, “us” and “our” refer to the business entity Coms Fitness Gear. The Website and any other Coms Fitness Gear resources are offered for your use, upon the condition that you accept the terms and policies documented here. Use of the website and resources is considered admission of acceptance. 

Coms Fitness Gear is a New Zealand owned and operated business based in Hamilton, Waikato, New Zealand. For in person or postal enquires, we are available at 807 Victoria Street, Hamilton Central.

3RD PARTY RESOURCES

The Website may direct you to third party resources that are not affiliated with Coms Fitness Gear.

Coms Fitness Gear is not liable for the content, informational accuracy or security of these resources. You agree to use any third party resource at your own risk. 

PRODUCTS & SERVICES

Coms Fitness Gear reserves the right to limit or refuse service to anyone at anytime. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Coms Fitness Gear is a retailer of Sports Equipment, not medicines or any products intended to Diagnose, Treat, Cure, Or Prevent Disease. ALWAYS discuss any supplements with your doctor before use.

You must be 18 years or over to purchase. If you are suspected of being under 18 years, service will be denied.

We respect your rights as defined by the Consumer Guarantees Act 1993. 

All prices are listed in NZD and transactions will occur in NZD.

RETURNS & REFUND

Request for returns or refund will be handled on a case by case basis. Reasons that may warrant return include incorrect products or compromised product quality.

We respect your rights as defined by the Consumer Guarantees Act 1993 and returns decisions will be made according to this legislation.  

Read the Consumer Guarantees Act 1993 here.

CANCELLATION POLICY

Should you want to cancel your order after placing it we are more than happy to help out. If the package has not been posted, then we can simply cancel the order and provide a full refund. However, if the package has been posted, we will not accept any cancellations.

We reserve the right to cancel an order at any stage for any reason. If payment has been received, a full refund will be returned.

SHIPPING & HANDLING

All New Zealand delivery will be made in accordance to the shipping & handling policy set out here.

At this time, international delivery options are not available. 

PAYMENT

All prices on this website are GST inclusive the standard rate of 15%.

All payment and processing are coordinated by our third party providers, "AfterPay" and "PayPal".

PRIVACY POLICY

What information do we collect?

• We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.

• When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.

How do we use your information?

We may use the information we collect from you in the following ways:

• To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.

• To allow us to better service you in responding to your customer service requests.

• To quickly process your transactions.

• To administer a contest, promotion, survey or other site feature.

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

How can you opt-out, remove or modify information you have provided to us?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the “My Account” section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

Third party links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Your consent

By using our site, you consent to our privacy policy.

INTELLECTUAL PROPERTIES

You may link to The Website from any other source under the condition that you immediately remove the link if requested from Coms Fitness Gear.

You may not make use of the Coms Fitness Gear logo displayed on this website without the express written consent from Coms Fitness Gear.

PROHIBITED USES

We reserve our right to terminate any services if you violate these conditions.  In addition to other prohibitions established in these terms and policies, you are prohibited from using The Website or its resources:

(a) for any unlawful purpose;

(b) to support any malicious action or intent to cause others harm;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

GOVERNING LAW

The use of the Website and the ordering of any product by you from Coms Fitness Gear is subject to the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute between you and Coms Fitness Gear.

CHANGES TO THE TERMS & POLICIES

Any changes made to the terms and policies will be reflected on this web-page, and we reserve the right to make any changes, at any time, our sole discretion. Your continued use of The Website, our resources, and our services confirms your acceptance of the updated terms. It is your personal responsibility to ensure that you are aware of any changes.

CONTACT

Feel free to contact us at “shawn@comsfitnessgear.com” if you have queries or concerns about the terms defined on this web-page.