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Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by JollyBikes Ltd ("JollyBikes Ltd", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.jollybikes.co.nz ("the website"). They are effective from 29/04/2020 and will replace all earlier JollyBikes Ltd terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards:

Visa and MasterCard

We also accept payment from your PayPal account if you have one.

Credit Card Security

All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.

Click here to for PayPal's terms.
https://cms.paypal.com/nz/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US


Shipping and delivery

How is shipping calculated?
On all orders over $99 we offer free delivery to any physical address in New Zealand - this DOES NOT INCLUDE large and bulky items and bikes!

On orders under $99 we charge NZ$9 freight for the North Island (NZ) and NZ$15 for the South Island (NZ). When you enter your shipping address, the appropriate freight will be automatically calculated and added. Prices for goods and services stated on our website are exclusive of any applicable delivery charges. This is so we can give our customers (that's you!) the most competitive pricing available for small parts and accessories. There are no hidden shipping costs and you know exactly what you're paying for.

Click & Collect
Free for all orders over $99. Orders under $99 a $5 flat shipping & handling fee applies. Order and pay online and collect everything from our store at 96 Richmond Street, Thames, New Zealand.

Bikes and Electric Bikes
We do not offer "bike in a box" delivery, as we believe it's important that every bike is assembled correctly by a professional and that you as a valued customer have a brick-and-mortar dealer to provide you with high-quality service and support.

You simply pay through the website. The bike will be assembled over the next few days, and you will be notified via email or phone that pickup is ready. The pickup location is 96 Richmond Street, Thames, New Zealand.

How long does delivery take?
For some of our bulkier products, we use a range of couriers depending on the product and your location. Due to the nature of these products, please note that delivery can take a little longer and is typically 3-5 working days from when we dispatch (Monday to Friday). Please allow an extra 1-2 working days for Rural delivery. During peak season, delivery times can be extended up to 5-6 working days.

Orders received over the weekend will be processed for delivery and shipped the following week.

Please note that there may be delays in receiving your online order from 24th December until the 15th of January, due to limited courier runs.

If your order hasn't turned up within the expected delivery time frame, we recommend calling the courier company on the tracking details emailed to you when your order was dispatched. If you're still having trouble, please give us a call on (07) 867 9026 or (021) 0816 5000.

Can you ship to my PO Box?
Unfortunately we are unable to deliver to PO Boxes. Please provide us with a physical address.

Returns & Warranties

At JollyBikes Ltd, we are proud to support our customers and abide by our legal obligations under the Fair Trading Act and the Consumer Guarantees Act.

  • Consumer Guarantees Act 1993: The Consumer Guarantee Act sets out minimum standards for goods sold by JollyBikes Ltd. In the event that goods sold are not of good quality or are faulty, the customer has the right to a repair, replacement or a refund.
  • Fair Trading Act 1986: The Fair Trading Act is designed to protect the customer being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing; where the product was made; where the product is from; the meeting of New Zealand safety standards; availability of products in store and the sales techniques used. The Commerce Commission enforces the Fair Trading Act 1986.
Please note the following policy regarding warranty, return or exchange of goods applies to all purchases from JollyBikes Ltd. The Consumer Guarantee Act and Fair Trading Act provide the basis for the JollyBikes Ltd returns policy. For a product to be returned under our policy, that product must be in a resalable condition unless faulty or otherwise defective.

Warranties
All goods supplied by JollyBikes Ltd are covered by the normal manufacturers' warranty.

  • If an item has failed prematurely please follow our process for warranties, returns and exchanges
  • Please note that certain products need to be returned to our suppliers, for inspection and possible repair.
  • Goods are subject to the manufacturers' warranties. We will pass on the benefit of those warranties to you.
  • Where goods are subject to warranty, you are responsible for returning them to us or the manufacturer (as provided by the warranty). However, if the goods provided to you are faulty we will refund you delivery charges upon provision of proof of incurred costs.
  • Any warranty may be voided by damage to or misuse of the product, or problems caused by inadequate packaging or storage.
  • For health and safety reasons we request all used clothing to be washed prior to returning back to us. Failure to do this will result in us having to send them back to you, as we will be unable to inspect these goods.
  • Proof of purchase is required. We will confirm through our systems that we have sold you the product(s) prior to return.
JollyBikes Ltd Custom Order Policy
Products unavailable in our JollyBikes showroom maybe ordered in from the supplier. A 20% deposit is required for all custom orders. If the order is cancelled, you maybe required to pay a 10% restocking fee if the item cannot be returned, or has incurred a shipping & handling cost.

Returns and Exchanges
You can request a return via phone (07) 867 9026 or email us ([email protected]).

  • Please note we will not accept returns for any non-faulty item that has been used, and/or had tags removed. We strongly advise all customers to check goods thoroughly upon delivery before removing any attached tags.
  • There is no return or exchange on sale items.
  • There is no return or exchange where the customer has had a change of mind, If the goods are faulty we will meet our obligations under the Consumer Guarantees Act.
  • JollyBikes Ltd does not accept returns due to normal wear and tear on used items.
  • Wrong Sizes or Not the Right Part
    • Please make sure you contact us first on (07) 867 9026 or email us
    • If you ordered clothing or footwear is the wrong size please send it back to us within 10 days of receipt and we'll happily exchange it for another one in the correct size (if available) or another product of the same value.
    • If you ordered a part for your bicycle without consultation from us, we can exchange the part provided that you pay for the freight to return the incorrect part.
    • If you ordered a bicycle And called us, emailed us, or messaged us via Facebook to determine your size first we will happily exchange for a different size provided it is in stock and available, at no additional charge. Without speaking to or emailing with one of us to determine your size first - we can exchange the bike provided that you pay for the freight to return the incorrect size, and the cost of freighting the replacement bicycle size (provided it is in stock and available)
    • Please note a restocking fee of up to 10% may apply.
    • Please note, products returned or exchanged must be in a brand new condition with packaging intact and all labels returned with the item(s).
    • The cost of freight, both for returning the item and sending any replacement, will be the responsibility of the customer. We recommend you use tracked delivery or registered post to return items so as to cover yourself against loss.
    • Generally proof of purchase is required. We may waive this requirement, in consultation with you, if we can confirm through our systems that we have sold you the product(s).
    • If we receive your return in a condition which we feel is not fit for exchange or refund we shall get in touch with you to discuss next steps. JollyBikes Ltd reserves the right to refuse a return or exchange for any item sent back in a condition where the item has been used or damaged.
    • In the event of an exchange, items are subject to product availability.
    • Exchanged items can only be dispatched after the returned goods have been received and undergone a quality control check.
  • Damaged Goods
    • If the goods are not of acceptable quality we will meet our obligations under the Consumer Guarantees Act.
    • Please note that:
      • (a) We will always quality check items before they leave JollyBikes Ltd
      • (b) It is your responsibility to check the goods on arrival before signing for them and to bring it to the attention of the courier company at time of delivery if they are damaged.
      • (c) If at all possible please take a photo of the damage too.
    • If your order arrives in damaged condition please phone us within 3 days on (07) 867 9026 so we can follow up promptly with the courier company.
    • If the goods arrive damaged we will contact the courier company to arrange a pickup of the damaged goods and send you a replacement.
    • Generally proof of purchase is required. We may waive this requirement, in consultation with you, if we can confirm through our systems that we have sold you the product(s).
  • Faulty or Defective Goods
    • If your ordered item is found to be faulty or defective please see the warranties information above.
    • If the goods are faulty or not of acceptable quality we will meet our obligations under the Consumer Guarantees Act.
    • Generally proof of purchase is required. We may waive this requirement, in consultation with you, if we can confirm through our systems that we have sold you the product(s).

Process for Warranties, Returns and Exchanges
For all Warranties, Returns and Exchanges please follow the following steps:

  • Read the Warranties, Returns and Exchanges policy to check your warranty, returns or exchange is valid. If you have any questions please contact us on (07) 867 9026, or email us ([email protected]).
  • Using reasonable, protective packaging, return the item(s) to us by insured, traceable courier or return them in person to our retail shop at 96 Richmond Street, Thames, New Zealand.
  • Warranty and Returns do not cover:
    • Incorrect assembly, misuse, abuse or use of a product for which it was not designed.
    • Neglect and careless storage.
    • Unauthorised repairs.
    • Change of mind.
  • Please note: cash on delivery couriers will not be accepted.
  • Proof of purchase is required. We will confirm through our systems that we have sold you the product(s) prior to return.
  • Please note, any products that are being exchanged must be in a resalable condition with packaging intact and all labels returned with the item.
  • Please keep a record of your courier order details until you have received your replacement, credit or refund. We recommend you use recorded delivery or registered post to return items so as to cover yourself against loss.
  • We aim to process all returns as fast as possible.
  • Where you are eligible for a refund or exchange, the issuing of credit notes provides an alternative to a refund or exchange. These credit notes can be used to purchase anything from the JollyBikes Ltd online shop or our retail store. Where a refund is approved, please note that cleared funds may take up to 10 working days to appear.
If you have any questions regarding our return policies, please contact us on (07) 867 9026, or email us ([email protected]).

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.


To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.jollybikes.co.nz.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.

 

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