Terms and Conditions
Don Oliver Barbell 1977 is a New Zealand owned and registered business. If you have any questions that are not answered in this section, please feel free to contact us.
In these terms and conditions the “Company” means Oliver Fitness Equipment Limited. “Goods” means Goods supplied or to be supplied by the Company to the Customer from time to time on these terms of trade.
Any Goods supplied by the Company to the Customer will be supplied on these terms and conditions.
If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the price of the Goods.
The Customer must pay for the Goods in full prior to removing the Goods from the store and prior to delivery of the goods by the Company, if delivery is requested by the Customer. If the payment tendered is subsequently reversed or cleared funds are not received by the Company for any reason whatsoever, then the Customer shall be in default and the Customer shall at the Company’s discretion (and without affecting any other right the Company may have), pay default interest on any amount outstanding to the Company at the rate of 5% above the current base overdraft rate that would be paid by the Company from time to time to its own bankers.
Default interest will accrue on a daily basis from the date payment is due until the date of actual payment and the Customer shall be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to the Company obtaining or attempting to obtain a remedy for the failure to pay any amount owing.
All payments shall be payable upon demand. The charging of default interest shall in no way imply the granting or an extension of credit by the Company to the Customer.
All payments charged to credit card are completed as an Authorisation (Auth). Authorisation transfers no money. It validates the card and guarantees it will be approved for the amount and ties the funds up for seven days. The hold on the money will expire after 7 days if no payment is taken.
The name that will appear on your statement will be Oliver Fitness.
Your account will be charged in NZD.
Delivery takes approximately 3 working days within the North Island and 5 working days within the South Island. Allow an extra day for rural destinations.
All risk in the Goods supplied by the Company shall pass to the Customer upon the goods leaving the premises of the Company. The Customer acknowledges that any damage caused to the Goods during delivery is between the Customer and the carrier delivering the Goods.
Retention of Title
It is the intention of the Company and agreed by the Customer that property in the Goods shall not pass until the Customer has paid all amounts owing for the particular Goods. The Goods shall be kept separate until the Company shall have received payment and all other obligations of the Customer are met.
In the event of possession of the Goods being given and the subsequent default in payment or the Customers insolvency, the Customer shall upon request yield up possession of the Goods and the Company is authorized by the Customer to enter into any premises on which the Goods may be located for the purposes of recovering any such Goods, without being responsible for any damage thereby caused.
The Company can issue proceedings to recover the price of Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.
Conditions of Sale
Equipment sold for domestic use only. All statutory warranties and remedies are excluded to the maximum extent legally permitted where Goods are acquired for business purposes.
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site. 6.6 In certain circumstances, we may need to reject your order. This may happen where the requested
Product is not avail-able or if there is an error in the price or the product description posted on the Site.
Please visit our current returns policy found here.
We will gladly exchange or issue a note of credit (less shipping) for any items returned in the original package, undamaged, unused and accompanied by the original sales docket.
Any items purchased that are faulty will be made good by repair or exchanged. If the Goods are faulty, subject to clause 9.1, we will meet our obligations under the Consumers Guarantees Act to provide a remedy.
If at any time the Company does not enforce any of these terms and conditions or grants the Customer time or other indulgence, the Company shall not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.
Consumer Guarantees Act 1993
This agreement is subject, in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded), to the provisions of the Consumer Guarantees Act 1993.
The customer authorises the Company to collect, retain and use personal information about the Customer for the following purposes only: a) assessing the Customer’s creditworthiness; b) disclosing details to a third party for the purposes of recovering amounts payable by the Customer to the Company and providing credit reference; c) marketing goods and services supplied by the Company or its selected business partners.
The Company shall immediately stop sending marketing materials to the Customer should the Customer so request.
The Customer can assess and correct any information the Company holds about the Customer.
Warranty extended to original purchaser only. Not transferable to any other party.
Warranty covers manufacturing defects only. Warranty does not cover faults caused by misuse, lack of maintenance, or normal wear and tear.
Unless specified the warranty applies to a “normal” domestic environment only.
Warranty strictly “Back to Base”. Customer must cover costs to get item to nearest Oliver Fitness agent for repair.
Important additional information before you buy — Please Read
All Oliver Fitness Equipment warranties are back to base, please ensure you are able to return a product for any service requirements or to meet warranty terms and conditions before completion of the sale
At completion of sale the following terms are assumed to be accepted by the purchaser unless otherwise stated in writing.
All items requiring warranty repairs must be returned at the customers’ expense to an Oliver Fitness service centre or its agent.
Parts returned under warranty will be replaced at no cost after inspection confirms warranty failure and re-placement or repaired parts will be returned at Oliver Fitness cost.
Any machines returned for repairs under warranty will be shipped / returned at cost of purchaser if not collected.
Due to the geographic location of many customers purchasing over the internet, Oliver Fitness cannot guarantee service on site or in home even if additional costs for labour or travel have been accepted by the customer, Oliver Fitness cannot be held responsible for any costs incurred or associated costs in the return of the product or the inability to use the product inside or outside of the warranty due to failure or inability to return the product to a Service Centre.
If you require further information or clarification on the above terms please contact the Company before completing the sale.